Canadian Free Trade Agreement (CFTA) Roster for Appellate Panels

Department

Authority

Remuneration

Purpose:

To sit on a roster of potential appellate panelists who may be chosen by CFTA parties to hear appeals of panel decisions regarding CFTA disputes. Appeals can only be made on the basis that the original panel erred in law, failed to observe a principle of natural justice, or acted beyond or refused to exercise its jurisdiction.

Structure:

The Lieutenant-Governor in Council shall, from among persons recommended by the minister, appoint the roster consisting of a maximum of 5 members. These roster members will be included on the master CFTA roster of appellate panelists which includes members from all CFTA jurisdictions.

Competency Profile:

Those who make up Newfoundland and Labrador’s CFTA’s roster for appellate panels should possess the following core competencies.

• A general knowledge of trade issues;
• A willingness to learn about the CFTA;
• Report writing ability; and,
• Be familiar with administrative law proceedings.

Qualifications:

• High ethical standards and integrity;
• A willingness to travel for panel hearings;
• Ability to objectively consider various points of view;
• Ability to listen and work as a team member;
• Ability to analyze documents in a timely fashion;
• Strong reasoning skills;
• A post-secondary degree or diploma would be preferred;
• Expertise in Canadian administrative law or the resolution of disputes arising under Canadian administrative law is required; and,
• Being Bilingual would be preferred.

Time Commitments:

Members of the roster would be expected to familiarize themselves with the CFTA and the rules of procedure for panelists and compliance panelists. Members also must be willing to follow the Code of Conduct for Presiding Body Members.  These documents are included in Chapter 10 of the CFTA. If selected to serve on a CFTA appellate panel, the person would be required to review the case documents, attend any hearings and teleconferences and assist in writing the final report.  The amount of time required will depend on the amount of documents related to the case, the complexity of the case and length of time of the panel hearing. 

Term:

A person shall be appointed for a term of 5 years and is eligible for reappointment.