Job List

Building Code Appeal Board - Chair

Requisition #2316429
Job LocationCanada-British Columbia-ALL
Job StreamConstruction/Trade
Job TypeAppointment, Part-Time
Number of Positions Open1
Posting Date06-Dec-2018
Expiry Date23-Jan-2019
Educational RequirementsN/A
Languages RequiredEnglish
Job Description

Freedom of Information and Protection of Privacy Act (FOIPPA) – The personal information on this form is collected for the purpose of administering a variety of statutes that authorize the appointment of individuals to public sector organizations under the authority of section 26(a) of the FOIPPA. Questions about the collection or use of this information can be directed to the Crown Agencies and Board Resourcing Office by email at abc@gov.bc.ca or by telephone at 604 660-0465.

 

Position Description

 

The position is the part-time Chair of the Building Code Appeal Board.

 

The Chair is responsible for the conduct of reviews by written submissions and for establishing panels of the board. The Chair, through the monitoring of member performance, ensures that members familiarize themselves with new editions and revisions to the Provincial building regulations, and comply with the rules of natural justice, the principles of administrative law, applicable legislation and case law.

 

The Chair is required to provide leadership to board members and to take an active role in the orientation and training of members. The Chair should also take the lead in promoting public education about the tribunal’s responsibilities and processes, as well as represent the board to the general public. The Chair has ongoing contacts and relationships with stakeholders including, but not limited to, local governments, Technical Safety BC, BC Housing, and the public, individuals who request reviews by the tribunal. By agreement, the Chair may participate in policy discussions with the host ministry and others on the tribunal’s role and jurisdiction, as well as on legislative initiatives to restructure or reform the tribunal and its work.  

 

Business and Structure

The Building Code Appeal Board tribunal, a quasi-judicial board, is established under the Building Act for the purpose of ruling on decisions of local government authorities on whether a matter conforms to a Provincial building regulation made under the Building Act. The tribunal has a present complement of the chair, vice chair and three members, all part-time. The present annual budget is $25,000.

 

The tribunal hears approximately 20 applications each year with considerable variation in content and complexity. The Board’s mandate under the Building Act will likely increase the number of applications being made to the Board. The tribunal must exercise its jurisdiction in compliance with the rules of natural justice and in accordance with administrative law principles. The tribunal primarily makes rulings and hears appeals concerning the decision of a local authority whether or not a matter conforms to a Provincial building regulation. The decision of the Building Code Appeal Board is final and binding and is not open to review in any court.

 

The impact of the tribunal’s decisions may be considerable and may involve substantial financial implications or changes in practise. Members of the tribunal are expected to maintain the highest possible standards and must be able to demonstrate objective and balanced judgment, fairness, consistency and timeliness.

More information on the Board and its operation can be found at:

 

https://www2.gov.bc.ca/gov/content/industry/construction-industry/building-codes-standards/building-code-appeal-board

Board Composition

The individuals who make up the Board should, collectively, have the necessary personal attributes and competencies required to:

  • add value and provide support for the Ministry of Attorney General in establishing strategy and reviewing risks and opportunities;
  • exercise appropriate discretion in resolving matters that come before the board within the statutory framework of the Building Act, the Administrative Tribunals Act, and associated regulations. The board’s rules and the management framework are established by the chair. conduct reviews or participate in reviews;
  • review all assigned matters, including documents and evidence available;
  • weigh and consider evidence to determine the relevant facts, interpret and apply the law and arrive at a balanced and considered decision;
  • write high quality, clear, concise, well-reasoned decisions that identify and canvas all relevant issues, evidence and submissions, and provide appropriate analysis to support the conclusion reached;
  • complete assignments in a timely and orderly manner;
  • exercise sound judgment and skill in the conduct of proceedings and in communication with other public agencies or the public;
  • actively participate in a team environment and maintain a close relationship with colleagues to enhance the quality and effective use of team resources; and
  • act as a resource to new tribunal members and take an active role in their orientation and training.

Personal Attributes

All Board members should possess the following personal attributes:

 

  • high ethical standards and integrity in professional and personal dealings;
  • appreciation of their responsibilities to the public;
  • flexible, responsive and willingness to consider change;
  • capable of a wide perspective on issues covered by the relevant legislation;
  • ability and willingness to raise potentially controversial issues in a manner that encourages respectful dialogue;
  • ability to listen and work as a team member;
  • no direct or indirect conflict of interest with the member’s responsibility to the organization;
  • strong reasoning skills;
  • commitment to continuous learning about the rules of administrative law and the principles of natural justice; and
  • able to maintain information in a sensitive and confidential manner.

Competencies

Collectively, the Board should comprise the following core competencies:

  • operational or technical expertise relevant to the operation of the Board:
    • essential to have, comprehensive and in-depth knowledge of Provincial building regulations, in particular the BC Building Code,
    • excellent written and oral communication skills,
    • understanding of case management practices and principles,
    • technology,
    • communications,
  • legal awareness in the context of hearings before the administrative tribunal,
  • knowledge of government and public sector environment;
  • knowledge of current and emerging issues affecting the organization and its industry or sector; and
  • ability to conduct hearings in a fair and efficient manner.

Accountabilities

In carrying out its work, the board operates within the broad policy direction, Part 4 of the Building Act and budget set by the Ministry of Attorney General.

Governance

The Board reports to the Attorney General and operates at arm’s length from the government in its decision-making capacity. The Chair is responsible to the appointing authority for the Board’s performance.

Key Responsibilities and Accountabilities

Board responsibilities fall into the following general categories:

 

Managing Board Affairs: Establish the processes and structures necessary to define board process and guidelines; evaluate the board, committees, directors and members; and consult with the appointing authority to identify potential new members and director candidates. Ensure appropriate members, board orientation and ongoing professional development.

 

Organization’s Mandate: Fully understand the boards enabling legislation, relevant provisions of the Administrative Tribunals Act, the principles of administrative justice, and the board’s mandate set by government; review and make recommendations to government regarding the mandate to reflect changing circumstances.

 

Strategy and Plans: Enhance the board’s capacity to provide low-cost alternatives to the review process, for example using tele-conference or video conferencing technology to conduct reviews. Participate in the development, review and approval of the board’s strategic plan to ensure consistency with the board’s mandate as set by government.

 

Human Resources: Subject to government legislation and guidelines, recruit, select, request appointments and re-appointments, compensate, and evaluate board members. Oversee management succession and development of members.

 

Monitor and Report: Monitor board performance against strategic plans and compliance with applicable legislation and government direction. Accountable to government and stakeholders though appropriate reporting.

 

Communications: Oversee organization’s communications policy.

 

In fulfilling his or her obligations to the tribunal, the Chair:

  • reviews all assigned matters, including documents and evidence available for hearing purposes;
  • employs statutory tools and dispute resolution techniques that will maintain or enhance the tribunal’s adjudicative role;
  • gives high quality, well-reasoned decision on a timely basis;
  • exercises sound judgment and skill in the conduct of proceedings and in communication with other public agencies or the public;
  • meets the reporting requirements set out in the Board’s governing legislation and the Administrative Tribunals Act;
  • actively participates in a team environment and maintains a close working relationship with colleagues to enhance the quality, consistency and effective use of team resources;
  • acts as a resource to new tribunal members and takes an active role in their orientation and training; and
  • performs other activities within the nature and scope of the position.The Chair is accountable to the host minister for the effective management and operation of the tribunal and must:

    Accountabilities

    submit remuneration reports to the minister outlining the work and activities of the tribunal, including annual time on case comparisons;

  • report to the minister, in a timely manner, on the timing, process and procedures for selecting and appointing new members of the tribunal;

  • manage the tribunal’s operations within the budget provided by the host ministry and communicate, in a timely manner, with the ministry regarding resources needed to maintain satisfactory service levels of the tribunal;

  • provide special reports to the minister on issues that may be of general interest or concern to the government as needed;

  • ensure the Board complies with various legislated requirements, including privacy and freedom of information;

  • maintain and update the Board’s Rules of Practice and Procedure, Guidelines, forms and policies as necessary.

Qualifications

  • Comprehensive and in-depth knowledge of Provincial building regulations, in particular the BC Building Code.
  • Comprehensive experience in the interpretation and application of Provincial building regulations.
  • Demonstrated knowledge and/or awareness of the structure of the building regulatory process in British Columbia, and its enabling legislation and regulations.
  • Comprehensive experience in the analysis and application of BC Building Code alternative solutions.

Competencies

The Chair should possess the following core competencies:

 

Tribunal Knowledge, Background and Experience

  • Demonstrated knowledge of administrative law and the principles of natural justice in the context of hearings before administrative tribunals, including an understanding of alternative dispute resolution and use of technology in adjudicative processes.
  • Ability to conduct reviews in a fair and efficient manner, consistent with administrative law and natural justice requirements and procedures.
  • Ability to participate actively in a team environment and maintain a close working relationship with colleagues to enhance quality, consistency and the most effective use of team resources.
  • Ability to maintain and enhance stakeholder relationships.
  • Knowledge and familiarity with the Building Act, and applicable sections of the Administrative Tribunals Act.
  • Knowledge and familiarity with various public safety and regulatory schemes legislated in British Columbia.
  • Comprehensive understanding of the roles and responsibilities of the position.
  • Excellent written and oral communication skills.
  • Excellent analytical and decision-making skills 

Personal Effectiveness

  • The ability to understand, use and refine all the tools and abilities at one’s disposal. It requires the ability to seek and use feedback from others to improve one’s performance and model personal change to foster trust in the whole organization.

Building Strategic Alliances

  • Involves knowledge and skills to engage in internal and external stakeholder analysis and to negotiate agreements and alliances based on a full understanding of power and politics.

Creating and Managing Change

  •  Involves knowledge and skills to manage in the organization through setting direction and urgency, building a coalition of support, communicating widely, handling resistance to change and facilitating implementation of successful change actions.

Solving Problems Creatively

  •  Involves knowledge and skills in fostering creative problem solving in the organization through critical reflection, problem analysis, risk assessment and rewarding innovation.

Indigenous and Cultural Commitment

  •  The work of tribunals impacts all citizens of BC, and the tribunals should reflect the community it serves. This competency explores emotional intelligence, cultural agility, empathy, a commitment to self-discovery and continued learning, as well as development towards inclusive, intentional and respectful ways of working.

Commitment to Gender Inclusion and Diversity

  • The tribunal board and its Chair should reflect the diversity of our province, women, visible minorities, Indigenous People, persons with disabilities, persons of diverse sexual orientation, gender identity or expression (LGBTQ2S+). This competency explores how a candidate is prepared to build and grow the board and the work of the tribunal to represent this diversity.

 Other Considerations:

  • Within the context of the required board skills requirements, consideration is given to diversity of gender, cultural heritage and knowledge of the communities served by the board.

 Preference may be given to:

  • candidates with experience in professional associations or activities related to the work of the tribunal; and
  • candidates who reside in the lower mainland area, as meetings are held in Vancouver, BC.

Proviso

 

Please note that applicants must be able to successfully meet security screening requirements which include a Criminal Records Check.

 

Time Commitment

This is a part time position. The time commitment fluctuates depending on the number of appeals filed annually. Generally, the Chair can expect to spend the equivalent of 2 to 3 business days per month conducting board related business. The position permits schedule flexibility and the opportunity to work remotely as needed. Meetings are in-person and held monthly, usually the third Thursday, and can last up to five hours.

Term

The initial term of the appointment is for 3 to 5 years, with possible reappointment for additional terms up to five years.

 

Administrative Tribunals Act, section 2(1): the chair may be appointed by the appointing authority, after a merit-based process, to hold office for an initial term of 3 to 5 years.

 

Administrative Tribunals Act, section 2(2): the chair may be reappointed by the appointing authority, after a merit-based process, for additional terms of up to 5 years

Compensation

Remuneration is set by Treasury Board Directive 1/17. Allowable expenses incurred while on Board business are reimbursed. Compensation for short meetings is pro-rated.

List of Current Board Members

 

Appointed:

First

Appointed

Term Ends

Occupation

Lyle Kuhnert

January 15 2018

January 15 2019

Consultant/Retired

Frances (Frankie) Victor, Vice Chair

November 30, 2014

November 30, 2020

Building Code Consultant

Douglas Vance

November 28 2017

November 28 2019

Manager, Local Government

Keith Calder

February 16, 2016

February 16, 2024

Manager, Fire Protection Engineer

Process for Submitting Expressions of Interest 

You may submit an Expression of Interest in serving on this board by clicking on the “Apply Online Now” button at the bottom of this page. For more information on the board, please refer to the Crown Agencies and Board Resourcing Office website (gov.bc.ca/cabro).

British Columbia Appointment Guidelines

Appointments to British Columbia’s public sector organizations are governed by written appointment guidelines. For more information about the appointment process, and to view a copy of the guidelines, please refer to the Crown Agencies and Board Resourcing Office website (gov.bc.ca/cabro).