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A number of international trade and investment agreements to which Canada is a party provide for the establishment of rosters of persons available to serve on dispute settlement bodies. Should a dispute arise under the agreement, individuals from the roster are named to the dispute settlement body through a process specified in the relevant agreement to determine the dispute in accordance with the provisions of the agreement.At this time, Government of Canada is seeking applicants for appointment to rosters for the following bodies:Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)CPTPP Chapter 28 (General State to State) roster – This roster will be established pursuant to Article 28.11 of the CPTPP and will be used to appoint panel chairs to determine disputes covered by Chapter 28 of the Agreement. Chapter 28 applies to disputes regarding the interpretation or application of the Agreement except as otherwise provided. The Chapter provides for the establishment of a roster of panel chairs of at least 15 individuals. Each CPTPP Party may nominate up to two individuals for this roster and the roster may include only one national of each CPTPP Party. The roster will be established by the CPTPP Parties by consensus and will remain in effect for a minimum of 3 years or until the Parties constitute a new roster. The Government of Canada is seeking 2 appointees to this roster, including an appointee who is not a citizen or permanent resident of a CPTPP Party.North American Free Trade Agreement (NAFTA)NAFTA Chapter 20 (General State to State) Roster: This roster is established pursuant to paragraph 2 of Article 2009 of NAFTA and is used to constitute panels that determine disputes covered by Chapter 20 of that Agreement. The Chapter provides for the establishment of a roster of up to 30 nominees (10 from each Party to NAFTA). A nominee is appointed by consensus of NAFTA Parties for a term of three years and may be reappointed. The Government of Canada is thus seeking 10 appointees to this roster.NAFTA Chapter 19 (Trade Remedies) Roster: This roster is established pursuant to paragraph 1 of Annex 1901.2 of NAFTA and is used to constitute panels that determine disputes covered by Chapter 19 of that Agreement. The Chapter provides for the establishment of a roster of at least 75 nominees (at least 25 from each NAFTA Party). The Government of Canada is thus seeking at least 25 appointees to this roster and is anticipating that appointees will serve a term of five years with the possibility of reappointment.NAFTA Chapter 19 Extraordinary Challenge Committee (ECC) Roster: This roster is established pursuant to Annex 1904.13 of NAFTA and is used to appoint a Committee that reviews decisions made by panels under NAFTA Chapter 19. The Chapter provides for a roster of up to 15 individuals (five from each NAFTA Party). The Government of Canada is thus seeking five appointees to this roster and is anticipating that appointees will serve a term of five years with the possibility of reappointment.NAFTA Chapter 14 (Financial Services) Roster: This roster is established pursuant to paragraph 2 of Article 1414 of NAFTA and is used to constitute panels that determine disputes covered by Chapter 14 of that Agreement. The Chapter provides for a roster of up to 15 individuals (five from each NAFTA Party). A nominee is appointed by consensus of NAFTA Parties for a term of three years and may be reappointed. The Government of Canada is thus seeking five appointees to this roster.NAFTA Article 2022 Advisory Committee on Private Commercial Disputes: This body is created pursuant to Article 2022 of NAFTA and submits reports and makes recommendations to the NAFTA Free Trade Commission on the availability, use and effectiveness of arbitration and other procedures for the resolution of private international disputes in the NAFTA region. The Committee comprises up to 10 members from each NAFTA Party, up to two of whom may be officials representing the Party and up to eight of whom may be selected from outside the Government. Each NAFTA Party appoints its own members of the Committee and establishes terms for their appointment. The Government of Canada is thus seeking approximately eight appointees to this Committee and is anticipating that they will serve a term of three years, with the possibility of reappointment.Further details about the North American Free Trade Agreement can be found on the website of Global Affairs Canada.International Centre for the Settlement of Investment Disputes (ICSID)ICSID Panel of Arbitrators: This is a roster to which Canada may designate up to four individuals pursuant to Article 13(1) of the ICSID Convention. Designated individuals may be selected by the Secretary-General of ICSID to serve on a tribunal in a dispute that does not involve Canada or Canadian investors. Designated individuals need not be nationals of the state designating them. Designates serve a term of six years and may be reappointed. The Government of Canada is thus seeking four appointees to this roster.ICSID Panel of Conciliators:This is a roster to which Canada may designate up to four individuals pursuant to Article 13(1) of the ICSID Convention. Designated individuals need not be nationals of the state designating them. Designates serve a term of six years and may be reappointed. The Government of Canada is thus seeking four appointees to this roster.Further details about the agreement can be found on the International Centre for Settlement of Investment Dispute’s website.Canada-Costa Rica Free Trade Agreement (CCRFTA)CCRFTA Article XIII.9 (General State to State) Roster: This is a roster created by Article XIII.9 of the CCRFTA that may be used to constitute panels that determine disputes covered by Chapter XIII of that Agreement. The roster established by the Parties to the CCRFTA may include up to 20 individuals, at least five of whom are not citizens of Canada or Costa Rica. Consequently, in addition to Canadians, the Government of Canada is actively seeking applications from those who would meet this citizenship requirement. Individuals are named to the roster on the agreement of the Parties for a term of three years and reappointed to a second term unless a Party disagrees. The Government of Canada is thus seeking approximately 10-15 appointees to this roster, including appointees who are not citizens of Canada or Costa Rica.Further details about the Canada-Costa Rica Free Trade Agreement can be found on the website of Global Affairs Canada.Canada-European Union Comprehensive Economic and Trade Agreement (CETA) - AnticipatoryCETA Chapter 29 (General State to State) Roster – Anticipatory: Following provisional application of this provision, this roster will be established pursuant to Article 29.8 of CETA and will be used to constitute arbitral panels to determine disputes covered by Chapter 29 of the Agreement. Chapter 29 applies to any dispute concerning the interpretation or application of the provisions of CETA, except as otherwise provided. The Chapter provides for the establishment of a roster of at least 15 nominees: five from each Party to CETA and five who are not nationals of either Party who could serve as chair of an arbitral panel. An individual is appointed to the roster by the CETA Joint Committee. CETA does not provide for a set term of appointment to a roster. The Government of Canada is seeking approximately 8-10 appointees to this roster, including appointees who are not citizens or permanent residents of either Canada or any EU member state.CETA Chapter 13 (Financial Services) Roster – Anticipatory: Following provisional application of this provision, this roster will be established by Article 13.20 of CETA and will be used to constitute arbitral panels to determine disputes arising under Chapter 13 of the Agreement. The Chapter provides for the establishment of a roster of at least 15 nominees: five from each Party to CETA and five who are not nationals of either Party who could serve as chair of an arbitral panel. An individual is appointed to the roster by the CETA Joint Committee. CETA does not provide for a set term of appointment to a roster. The Government of Canada is seeking approximately 8-10 appointees to this roster, including appointees who are not citizens or permanent residents of either Canada or any EU member state.Further details about the Canada-European Union Comprehensive Economic and Trade Agreement can be found on the website of Global Affairs Canada.
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.
NAFTA Chapter 20 (General State to State) Roster:
Proficiency in both official languages would be preferred.
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.
Review of applications will begin on October 19, 2017. 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 Assistant Secretary to the Cabinet (Senior Personnel), Privy Council Office, and should be sent only through the online application. You must also submit a completed application form and a curriculum vitae. You may submit other supporting documents, such as letters of recommendation or lists of publications through the online system if you wish.Please note that the maximum size of each document uploaded as part of your application is 3 MB. A maximum of five (5) documents may be uploaded in respect of any application, including the curriculum vitae and application form.Questions may be directed to: appointments-nominations.jlt@international.gc.ca
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