Lead Commissioner, Deputy Lead Commissioner and Commissioner, Canadian Energy Regulator

**An appointment to these positions will only be made should the legislation to create the Canadian Energy Regulator be approved by Parliament and receive Royal Assent.

With the introduction of Bill C-69, the Government proposes to repeal the National Energy Board Act and establish the new Canadian Energy Regulator under the proposed Canadian Energy Regulator Act. Located in Calgary, Alberta, the Canadian Energy Regulator would replace the National Energy Board, and would serve as an independent energy lifecycle regulator responsible for federally regulated pipelines and power lines, energy development and trade.

Under the proposed Legislation; the Canadian Energy Regulator would have a Commission of up to seven full-time Commissioners, including a Lead Commissioner and a Deputy Lead Commissioner. It could also include a complement of part-time Commissioners. Under the proposed legislation, at lease one of the full-time Commissioner positions would need to be filled by an Indigenous person. All members of the Commission would be appointed by the Governor in Council.

The primary role of the Commission would be to fulfill the adjudicative functions. The Commission would make recommendations to the Governor in Council on projects requiring Governor in Council approval, as well as independent decisions regarding the approval, variance, suspension and revocation of pipelines, power lines, and offshore renewable energy development. It would ensure that federal regulation of pipelines, power lines, energy development and energy trade contribute to the safety of Canadians, the protection of the environment, and efficient energy infrastructure and markets, while respecting the rights and interests of those affected by the Regulator’s decisions and recommendations. This would include exercising powers and performing duties and functions in a manner that respects the Government of Canada’s commitments with regard to the rights of the Indigenous peoples.

The Commission would have all the powers, rights and privileges vested in a superior court of record with respect to any matters within its jurisdiction, including the attendance, swearing and examination of witnesses, the production and inspection of documents, the enforcement of its orders and the entry on, and inspection of, property. Its decisions would be subject to judicial review.

The Commissioner would have the authority to make decisions to fulfill the mandate of the Commission as stated above.

Position level: GCQ-6
Full-time salary range: $183,600 – $216,000
Part-time per diem: $920 - $1,080


The Deputy Lead Commissioner would act for the Lead Commissioner when required, and would participate in Commission decision-making processes. The Deputy Lead Commissioner would support the Lead Commissioner’s efforts to enhance effective communication with the Board of Directors and with the Chief Executive Officer to ensure the Commission can deliver on its mandate and achieve its objectives.

Position level: GCQ-7
Full-time salary range: $211,300 - $248,500

The Lead Commissioner would be responsible for managing the business and affairs of the Commission; apportioning the Commission’s work among the Commissioners; and establishing panels to exercise the powers of the Commission and perform its duties and functions in relation to a matter before it.

Position level: GCQ-8
Full-time salary range: $242,700 - $285,500

Diversity and Official Languages

The Government of Canada will consider bilingual proficiency and diversity in assessing applicants. You are therefore encouraged to include in your online profile your ability to speak and understand your second official language. Preference may be given to applicants who are members of one or more of the following groups: women, Indigenous peoples, persons with disabilities, and members of a visible minority group.

Education and Experience

• A degree from a recognized university in a relevant field of study or an acceptable combination of education, job-related training and/or experience;
  


• A degree in Indigenous governance/law, economics, engineering, environmental science, finance or law would be considered an asset;
  


• Experience in dealing with energy-related economic, engineering, social, safety, environmental/science or regulatory issues;
  


• Experience in the development, interpretation and application of legislative and regulatory frameworks or policies;
  


• Experience in dealing with and/or working in regulatory agencies or quasi-judicial administrative tribunals;
  


• Experience in making complex decisions, usually involving large amounts of technical evidence, and the need to balance the interests and rights of a diverse range of stakeholders and Indigenous peoples;
  


• Experience building relationships, promoting partnerships and working with Indigenous peoples and/or communities to support and/or shape decision-making processes; and
  


• Experience in working with Indigenous peoples in relation to development, environmental assessment and/or environmental protection would be considered an asset.
  

• Experience in establishing the vision, objectives and priorities for regulatory agencies or quasi-judicial administrative tribunals; and
  


• Experience in the management of resources (financial and human resources), as well as experience managing the business and affairs of a governance entity, including reporting obligations.
  

Knowledge, Skills and Abilities

• Knowledge of the mandate and activities of the proposed Canadian Energy Regulator, as well as its legislative framework, including Bill C-69, and the regulatory and business environment within which the Commission would operate;
  


• Knowledge of the functioning of energy markets and the energy sector, as well as professional knowledge of economics, engineering, environmental science, Indigenous knowledge, community development, finance and law;
  


• Knowledge of the rights of the Indigenous peoples (section 35 of the Constitution Act), United Nations Declaration on the Rights of Indigenous Peoples, and the principles respecting the Government of Canada’s relationship with Indigenous peoples;
  


• Awareness of Indigenous knowledge systems, as well as Indigenous peoples’ issues, concerns and priorities, as they relate to development, environmental assessment and/or environmental protection;
  


• Knowledge of administrative law, principles of natural justice, and the rules and practices followed by adjudicative tribunals in Canada;
  


• Knowledge of the roles, responsibilities and powers of an adjudicative body, such as the Commission;
  


• Knowledge of the requirements and accountabilities associated with a federal lifecycle energy regulator;
  


• Ability to sustain a very high level of sensory attention in assessing complex situations, documents, and submissions, both orally and in written form;
  


• Ability to understand and interpret complex technical information and evidence across a broad range of disciplines and bodies of knowledge;
  


• Ability to find innovative and factual solutions based on assessments, analysis, interpretation and evolution of information and data to address real or potential situations, requiring action and advance;
  


• Ability to make timely decisions that are based on science, facts and evidence, Indigenous knowledge, and free of political interference and industry influence. (This work would be done within a timeframe bound by legislated time limits and service standards.); and
  


• Superior communication skills, both written and oral, including the ability to write clear and concise reports, analyses and decisions.
  

• Ability to demonstrate a high level of intellectual leadership, effective management, and skills and knowledge of governance to lead the Commission.
  

Language Requirements

Proficiency in both official languages would be preferred. Please also include in your online profile your ability to speak and understand another language, such as an Indigenous language.

• High ethical standards, integrity and impartiality
  


• Sound judgment
  


• Superior interpersonal and communication skills
  


• Leadership and collegiality
  


• Tact and diplomacy
  

Eligibility Factors and Conditions of Employment

• Appointees must comply with the Ethical and Political Activity Guidelines for Public Office Holders throughout their appointment as a term and condition of employment. The guidelines are available on the Governor in Council Appointments website under the Forms and reference material.


• All appointees are subject to the Conflicts of Interest Act. Public office holders appointed on a full-time basis must also submit to the Office of the Conflict of Interest and Ethics within 60 days of appointment, a confidential report in which they disclose all of their assets, liabilities and outside activities. For more information, please visit the Office of the Conflict of Interest and Ethics Commissioner's website.


• Appointees must uphold the highest standards of probity and are expected to demonstrate behaviours in the workplace that afford respect, equality and dignity, to everyone they interact with at work at all times. The Values and Ethics Code for the Public Sector outlines the values and expected behaviours for public servants, including valuing diversity and creating workplaces free from harassment and discrimination. Governor in Council appointees are expected to uphold and respect these values and principles in a positive and active manner.
  

• Under Bill C-69 and for the purposes of the Conflict of Interest Act, the circumstances in which a Commissioner would be in a conflict of interest while exercising the powers or performing the duties and functions of a Commissioner would include:
  
  
  
  1. engaging in, as owner, shareholder, director, officer, partner or in any other way, the business of producing, selling, buying, transmitting, exporting, importing or otherwise dealing in hydrocarbons, electricity or offshore energy;
     
  
  
  2. holding any bond, debenture or other security of a corporation engaged in any such business;
     
  
  
  3. holding other employment that is inconsistent with their powers, duties and functions or with any provision of this Act or a regulation made under it; and
     
  
  
  4. holding office as the Chief Executive Officer or being employed by the Regulator.
     
  
  
  
  


• Under Bill C-69, a person would not be eligible to be a Commissioner unless they are a Canadian citizen or permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act. (Statutory)
  


• Under Bill C-69, a Director who is a member of the Board of Directors for the Canadian Energy Regulator would not be eligible to be a Commissioner. (Statutory)
  


• Under Bill C-69, the head office of the Regulator would be in Calgary, Alberta. As a result, some appointees may need to relocate.
  


• If you are appointed to one of the positions, you must be willing to travel across Canada for hearings or meetings/investigations.
  

A link to this notice will be placed in the Canada Gazette to assist the Governor in Council in identifying qualified candidates for this positions. It is not, however, intended to be the sole means of recruitment. A roster of qualified candidates may be established and may be used for similar opportunities.

How to Apply

Review of applications will begin on February 18, 2019. Candidates must apply online via the Governor in Council Appointments website. Candidates are strongly encouraged to submit their applications by this date. After this date, your application will be retained and may be considered up until an appointment to the position is made. Your cover letter should be addressed to the Deputy Director of Selection Processes, Senior Personnel Secretariat, Privy Council Office, and should be sent only through the online application.

Instructions on how to apply for an appointment opportunity can be found on the Governor in Council Appointments website.