VICE-CHAIR, Financial Services Tribunal (FST)

APPOINTMENT AND ACCOUNTABILITY

A Vice-Chair is appointed by the Lieutenant Governor in Council under provisions in the Financial Services Tribunal Act, 2017 (the "Act").  A Vice-Chair perform the role on a part-time basis.
 
In the role of Vice-Chair of the Tribunal, a Vice-Chair is accountable to support the Chair, FST in the oversight role for the performance of the FST related to its mandate to carry out adjudicative functions regarding appeals or reviews of the decisions and proposed decisions of the CEO of FSRA in relation to FSRA's regulated sectors.
 
In both roles, a Vice-Chair is accountable to carry out authorities and responsibilities as assigned by Management Board of Cabinet directives, the Act, and related statutes/regulations, and any Memoranda of Understanding between the Minister of Finance and the Chair, FST.
 

PURPOSE OF VICE-CHAIR

To act as a Member of the FST, and to chair meetings of the Commission and/or FST in the absence of the Chair. To participate in setting FST goals, and in designing/establishing FST adjudicative processes and performance review/reporting measures.
 

KEY DUTIES OF VICE-CHAIR

Leadership and Agency Governance

A Vice-Chair, FST participates as a member of the FST composed of the Chair, two Vice-Chairs, at least six Members, the Registrar and the Assistant Registrar.

 

A Vice-Chair, FST carries out all responsibilities of the Member, FST as outlined in the Position Description for Member, FST in the broad areas of law and procedure and integrity and fair practices.

 

In addition, a Vice-Chair carries out the following Leadership & Agency Governance responsibilities:

 

  • In the absence of the Chair, is responsible to chair meetings of the FST, and to carry out duties delegated by the Chair.
  • Act as an additional key point of contact to appointees in the Chair’s absence and perform the responsibilities of the Chair when the Chair is not available, including assigning cases, ensuring adjudicative quality, and providing general guidance to FST Members and staff.
  • Provide an additional oversight role and collaborate with the Chair to develop and implement FST policies, procedures, processes and practices that support the FST operations to enhance effectiveness and efficiency.
  • Lead or participate in special projects, initiatives, and sub-committees, as assigned by the Chair, such as the development/implementation of new or revised practices.
  • Take on cases or assignments that may have a higher profile, are more complex and may involve multiple parties or stakeholders. 
  • Prepare and issue case decisions/orders.
  • Mentor new appointees and provide oversight and advice to ensure quality and clarity of FST decisions.
  • Maintain current knowledge in the field of financial services regulation relevant to the FST’s areas of responsibilities and participate in professional development opportunities.
  • Act with integrity and honesty, and ensure that actions are guided by the best interests of the FST’s mandate and the public. 
  • Perform other responsibilities as agreed with, or as delegated by the Chair.
  • To participate in determining the nature of the FST’s scheduling and case management systems, and the FST’s requirements for professional and support services.

QUALIFICATIONS

The Vice-Chair will typically have all the qualifications of a Member, FST, plus the following:

 

  • Knowledge of administrative law, civil litigation, statutory interpretation, and the administrative justice system.
  • Knowledge of the legislation/regulations/statutes administered by FSRA, and related laws and legal processes.
  • Leadership role and knowledge of the financial service sectors regulated by FSRA, and expertise in one or more of the regulated sectors.
  • Leadership skills to participate with the Chair in the oversight of FSCO/FST mandate, to exercise responsibilities of the Chair in the absence of the Chair, and to lead special projects, initiatives and sub-committees.
  • 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.
  • Effective communication, interpersonal and presentation skills to communicate with FST Members, FSRA senior management, stakeholders and the public.
  • Excellent analytical and written communication skills to understand the content of cases and prepare written decisions. 
  • Understanding of government values and a commitment to work within the government accountability structure.
  • Commitment to the protection of the public interest within the mandate of the FST.
  • Commitment to respect diversity and to maintain fair, transparent processes that meet the highest professional standards of the government values.
  • Knowledge of and commitment to sound governance practices. 
  • Leadership ability to oversee the implementation of a strategic vision by ensuring appropriate plans are put into operation to deliver efficient, effective and high quality services
  • In-depth understanding of the professional, institutional, policy and community context in which the agency operates.

June 2019