APPOINTMENT AND ACCOUNTABILITY
The Member, Financial Services Tribunal (FST) is appointed by the Lieutenant Governor in Council under provisions in the Financial Services Commission of Ontario Act, 1997. The FST is composed of the Chair, two Vice-Chairs, and between six and twelve Members and all of whom are part-time members.
The Member, FST is accountable to carry out authorities and responsibilities as assigned to an FST Member by Management Board of Cabinet directives, The Financial Services Commission of Ontario Act, 1997 and related statutes/regulations, and the Memorandum of Understanding between the Minister of Finance and Chair, FSCO and Chair, FST and CEO, FSCO and the Superintendent of Financial Services.
To act as a Member of the FST, an independent quasi-judicial agency which carries out adjudicative functions in connection with appeals or reviews of the decisions or notices of proposal or notices of intended decision under applicable legislation of the Superintendent of Financial Services or the Deposit Insurance Corporation of Ontario.
To conduct pre-hearings so as to facilitate a fair, timely and effective hearing, and to chair/participate on tribunal panels to hear/consider evidence and submissions, and issue tribunal decisions/rulings. To attend and participate in meetings of FST members and provide services as determined at such meetings or at the request of the FST Chair.
Law and Procedure
The Member, FST may carry out the following responsibilities alone as a single adjudicator or as part of a tribunal panel as determined by the Chair and in accordance with applicable law including the Statutory Powers and Procedure Act (SPPA).
- Participate in scheduled and ad-hoc meetings of the FST and its Members.
- Conduct FST pre-hearings including reviewing materials thoroughly; ensure that all organizational, preliminary and procedural issues on the pre-hearing agenda are dealt with and resolved, identifying opportunities to resolve the dispute or specific issues in the dispute before moving on to a hearing, facilitating, when appropriate, joinder of applications or appeals, or expediting the hearing by way of achieving agreement on the facts of the case.
- Ensure that the pre-hearing memorandum is prepared and issued in a timely fashion, and that it accurately sets out the substance of discussions and any procedural, preliminary agreements, undertakings and orders. Advise the Registrar of any follow-up requirements.
- Chair and/or participate as a member of FST hearings including reviewing all relevant materials in preparation for the hearing; hearing submissions and evidence presented by parties, actively listening to comprehend interests and positions; understanding and applying relevant legislation, policies and rules, and being open-minded, evenhanded, fair and courteous to all parties.
- Review and analyze all hearing evidence and submissions thoroughly, participate in an open, frank and conscientious manner in panel member discussions, and work cooperatively with other panel members to arrive at a decision.
- Make decisions that are independent and free of outside influence and based on the evidence and consideration and application of relevant law. Issue on a timely basis, clear, well-written, soundly reasoned decisions/rulings, which are understandable and can be implemented by the parties to a dispute and within the time frames established by the FST.
- Provide appropriate case file management and direction to FST staff on hearing directed issues.
- Ensure the security and confidentiality of files and case information.
- Participate in initial FST training and stay current in the field by engaging in ongoing professional development.
- Participate on special projects, training, and/or committee work as assigned by the Chair or the Chair’s designate.
- Comply with policies and practices applicable to the FST or as set out in Management Board of Cabinet directives to meet financial accountability and administrative requirements.
- Work constructively and contribute to a collegial atmosphere at the FST by sharing knowledge, time and experience with other FST appointees and FST staff.
- Maintain positive, productive and appropriate relationships with stakeholders and all parties appearing before the FST.
- Participate in setting Tribunal goals, in designing and establishing the Tribunal’s adjudicative process and in establishing measures of service quality and performance for the Tribunal.
- Meet established FST performance measures.
- Perform all assigned responsibilities.
Integrity and Fair Practices
- As FST hearing chair, conduct hearings in accordance with the Financial Services Commission of Ontario Act, 1997 and regulations, and other applicable laws, as well as within relevant FST policies, procedures and rules of practices; ensure equal access, fair treatment and due process in hearing practices; maintain control of the hearing, swear in all witnesses, and maintain a list of the hearing exhibits for the Registrar following completion of the hearing.
Recognize and deal appropriately with situations that may involve an issue of alleged bias or declared an apparent conflict of interest in accordance with the FST rules and Conflict of Interest rules and guidelines.
Deal with conflicting and diverging interests while maintaining decorum, due process and professional and respectful interactions among all participants.
Act with integrity and honesty, and ensure that actions are guided by the best interests of the FST mandate and the public.
The Member, FST requires the following abilities, skills and knowledge in order to carry out responsibilities effectively:
- Experience in interpreting and applying legislation with specific knowledge of the Financial Services Commission of Ontario Act, 1997 and related legislation/regulations.
- Good understanding of the mandate of the FST and the FSCO.
- Understanding of the professional, institutional and community context within which the FST operates.
- Understanding of the justice system, administrative law, adjudicative processes including the SPPA and common law concepts of natural justice and fairness.
- Knowledge of the FST Rules of Practice and Procedure.
- Demonstrated analytical and legal comprehension skills.
- Aptitude for adjudication including fairness, good listening skills, open mindedness, good judgement, and tact and the ability to communicate clearly and effectively.
- Awareness and sensitivity to the various interests and issues represented at hearings.
- Ability to understand and interpret legislation and to organize and analyze evidence; familiarity with precedent decisions, and the ability to formulate reasoned decisions.
- Knowledge of adjudication practices, settlement, mediation skills and analytical and decision making skills to chair tribunal panels, make effective decisions, and resolve complex matters involving multiple interests, under public scrutiny.
- Impartiality and sound judgement to fairly assess cases involving issues regarding conflicting verbal/written evidence and the assessment of credibility.
- Excellent writing skills and the ability to prepare a clear well-reasoned decision that takes into account the evidence, the submissions, the law and policy.
- Commitment to ongoing professional development to enhance expertise and remain current in the field.
- Good organizational skills to manage a heavy workload with complex, ongoing processes.
- Self-confidence, self-control and sensitivity to the diverse interests of parties in order to maintain effective control in confrontational and stressful situations.
- Commitment to respect diversity, and to maintain fair, transparent processes that meet high professional standards.
- Computer literacy.
- Ability to work effectively in a team environment.
- Ability and willingness to travel, and a willingness to participate in FST meetings and non-hearing related matters (e.g. committee work, training, and projects for the development/review of FST policies, rules, procedures).
- Commitment to public service and to the FST and its mandate/work, and commitment to high ethical standards and personal/professional excellence.
July 28, 2017