About the College of Immigration and Citizenship Consultants (the College)
The College is the authority mandated by the Government of Canada to regulate the practice of Regulated Canadian Immigration Consultants (RCICs) and Regulated International Student Immigration Advisors (RISIAs). Its role, authority and powers are established in the College of Immigration and Citizenship Consultants Act (Canada). The College sets and enforces the licensing, education and ethical standards of the profession in the public interest.
Industry
Self-Regulatory Organization (SRO)
Position
Job Title
Tribunal Committee – Vice-Chair Appointment (Bilingual)
Department
Tribunal Committee
Reports to
Chair of the Tribunal Committee
Language Requirement
Bilingual Imperative
Classification
Appointment
The College is looking to build and strengthen its Tribunal Committee in support of our mandate to address concerns about licensee conduct and competence, balancing public protection with a fair and objective process. The main objective of our Tribunal Committee is to resolve or adjudicate cases regarding professional conduct and capacity issues. Adjudicative panels include a Vice-Chair and two other Tribunal members who will make the decision. The following appointment is currently open for application:
- Tribunal Committee Vice-Chair (1 Bilingual position)
As a Tribunal Vice-Chair, your main duties are to preside over the hearing panels and hearings, as well as draft the decision and reasons after the panel has made its decision. Other duties involve conducting case management, settlement conferences and/or motion hearings, which are by videoconferencing. The successful candidate must have significant adjudicative experience, and bilingualism is a requirement for the position.
Time Commitment: Vice-Chairs are expected to be available to commit the equivalent of up to 3 days per month, including availability for scheduled (5%) in-person or (95%) videoconference or teleconference proceedings, and preparation and writing time. Most of the tribunal hearings are done in writing, including submissions received by the Parties.
Remuneration
Vice-Chairs of the Tribunal Committee are paid a per diem, with some work being calculated on a half-hour, hourly, half-day or full-day basis. Travel expenses and a portion of any travel time are also covered under the College’s expense policy. The remuneration is comparable to other adjudicative tribunals in Canada.
Term
Vice-Chairs are appointed by the Board of Directors for terms between 1 and 3 years, with opportunities for reappointment.
Full position details can be found below.
How to Apply
Click here to upload your resume and brief cover letter indicating why you feel you are fit for this role.
Your personal information is collected and used by the College when you apply for employment with the College. Please read the College’s Privacy Notice for more information regarding its privacy practices.
The College is an equal opportunity employer. We welcome applications from persons legally entitled to work in Canada, who represent the diversity of our nation, and whose qualifications meet the skills and experiences we seek. We are committed to providing equal opportunities to all candidates and to meeting the needs of people with disabilities. Should you be contacted regarding an employment opportunity and require an accommodation for a disability, we will be pleased to work with you to identify how we can best support you through this process.
The successful candidate will be required to undergo a criminal background check.
While we thank all applicants for their interest, only those identified for further consideration will be contacted.
POSITION DESCRIPTION
VICE-CHAIR APPOINTMENTS, TRIBUNAL COMMITTEE
A. Introduction
The College’s Tribunal Committee is the adjudicative arm of the College that fulfills the functions of the Discipline, Capacity and other Committees as set out in the By-laws 2021-2 and College Act Regulations (draft at time of posting). Vice-Chairs of the Tribunal Committee are appointed by the College’s Board of Directors and report to the Chair of the Tribunal Committee.
A panel of up to three individuals is assigned to conduct hearings and written proceedings, which lead to binding decisions affecting the College’s licensees and applicants. The Vice-Chairs lead and preside over the proceedings. Vice-Chairs may also be assigned other adjudicative or dispute resolution functions.
B. Key Duties of Vice-Chairs
A Vice-Chair is responsible for additional duties assigned by the Chair, which may include:
- Presiding over Tribunal Committee proceedings by managing the process in a fair, accessible, timely and proactive manner, including matters that may be more complex, novel or contentious
- Hearing and deciding Tribunal Committee cases, generally as part of a 3-member panel assigned to a case
- Reviewing and analyzing all evidence and submissions, making findings of fact and applying the law. Participating collegially in the hearing panel’s decision-making process
- Maintaining impartiality and open-mindedness in hearing and deciding a case
- Carrying out all dispute resolution and decision-making processes in a timely manner, to assist in meeting applicable internal time targets and demonstrate procedural fairness
- Advising on and assisting in the case management of files and proceedings, including ones that have been assigned to other Tribunal Members
- Conducting and deciding motions and other procedural or case management conference matters
- Drafting the decision for each assigned case, working with the other Members of the hearing panel, and following the draft decision review process, to ensure that the reasons for the decision are clear, complete and concise
- Serving as a lead, senior member, or mentor, for one or more Members, to assist the Chair to build a collegial and expert group of Members
- Understanding and applying the relevant procedures and criteria to a case, in accordance with the applicable legislation, the Code of Professional Conduct and Tribunal Rules of Procedure
- Promoting adjudicative excellence by participating in training and professional development, Tribunal Committee meetings, performance assessment processes, and staying updated about current laws, policies and best practices
- Acting with integrity, honesty and in compliance with all ethical obligations in the College’s legislation, rules and administrative policies, including per diem and expenses policies and confidentiality obligations
- Respecting and practicing equity, diversity and inclusion; and the legal obligation to provide for human rights accommodation
- Promoting access to justice, including a proportionate process, ensuring that every person is treated with fairness, respect and courtesy
- Recognizing and dealing appropriately with situations that may involve an issue of bias or conflict of interest
- Working collegially with all Members and the Tribunal Office, including working as part of an assigned team that may be led by a Member, Vice-Chair or the Chair
- Providing adjudicative support to other Members
- Planning or delivering training or other professional development sessions
- Assisting in the draft decision review process as a peer reviewer
- Providing strategic advice, participating in reforms and continuous improvement initiatives, and reviewing Rules of Procedure and other policies and materials
- Acting in the place of the Chair, as delegated
C. Qualifications of Vice-Chairs
A Vice-Chair should have the following, or a proven ability to quickly acquire the following:
- Experience and skills in conducting oral hearings, or participating as counsel in oral hearings, with unrepresented parties or with adversarial counsel
- Experience with conducting or participating in virtual hearings
- Advanced judgment, tact and self-control to deal with contentious and sensitive issues
- Advanced abilities in identifying and organizing relevant information and issues, in conceptual analysis
- Significant experience in a variety of forms of dispute resolution, such as mediation
- Experience in working with or managing part-time tribunal members, and with tribunal office staff
- In-depth knowledge of administrative law and practice
- Knowledge of or experience in professional regulation
- In-depth knowledge of the legislation, By-laws, Regulations, Code of Professional Conduct, Rules of Procedure, and subject matter dealt with in Tribunal Committee cases
- Knowledge of the nature of the work done by immigration professionals, and the standards applying to their conduct
- Understanding of the professional, community and government context in which the College operates, and a commitment to working within College’s governance and accountability structure
- Advanced experience and skills in active listening and clear and accessible communications, and in interpersonal relationships, to work collegially in 3-member panels, build consensus in hearing and deciding a case, and allow for empathetic understanding of the parties
- Superior writing skills to draft decisions with reasons that are clear, complete and concise
- Commitment to adjudicative excellence and continuous improvement
- Not be the subject of any case related to conduct or capacity that has been referred to the Tribunal Committee; and not have a disciplinary record from any other regulatory body or professional association in the last 5 years
- Commitment to protecting the public interest within the mandate of the Tribunal Committee’s functions
- Superior oral and written communication skills in English and French required
- Computer skills, including Microsoft Word
- Meet the basic eligibility requirements for all College Board members and Committee members in section 43.2 of the By-laws 2021-2