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The Organization
The Edmonton Metropolitan Region Board (EMRB) respectfully acknowledges that the Edmonton Metropolitan Region is located on Treaty 6 territory, as well as the home of the members of the Métis Nation of Alberta (Region 4 and Region 2), the Inuit, and non-status Indigenous peoples sharing this land. The EMRB recognizes the long history and contributions of Indigenous peoples who have cared for this land from time immemorial to the present. They acknowledge that we are all Treaty People, bound to one another by the spirit and intent of Treaty “as long as the sun shines, the grass grows and the river flows.”
EMRB is a non-profit corporation established by the Province of Alberta and operating pursuant to Alberta Regulation 189/2017 under the Municipal Government Act. The EMRB is composed of thirteen municipalities from the Edmonton Metropolitan Region:
The EMRB is a regional growth management board established under the Municipal Government Act to plan for the future, to ensure the long-term economic prosperity and quality of life for the residents of the Region. Specifically, the EMRB shall:
For more information on EMRB, please visit: www.emrb.ca
The Opportunity
The EMRB values collaboration and as part of its mandate[1] strives toward consensus regarding matters before the Board. The Board has worked to integrate these values into the organization. A requirement of the Municipal Government Act is that the EMRB have in place “an appeal mechanism or dispute resolution mechanism, or both, for the purposes of resolving disputes arising from actions taken or decisions made by the growth management board.”
The Board approved a three-step process that is reflected in the Dispute Resolution and Appeal Bylaw approved in February 2021. The bylaw came into effect in November 2021, with the Government of Alberta’s approval through Order in Council.
The three-step process is as follows:
It was important to the Board to include the first two steps of the process to provide the space and the tools for members to dialogue and better understand each others’ perspectives related to the dispute before the matter escalates to step three, with a hearing by the Appeal Committee. Steps 1 and 2 of the dispute and appeal process envisage direct participation of Board members as part of a Dispute Resolution Committee. Step three is a mechanism for an appeal hearing before an independent Appeal Committee.
The purpose of the Appeal Committee is to conduct a hearing with respect to a Notice of Dispute filed with the EMRB by a member municipality or municipalities (the “Complainant”) and which cannot be resolved through facilitated discussion or mediation, and; issue a written decision and reasons with respect to the Notice of Dispute. The Appeal Committee is required to conduct appeal hearings in public unless a matter to be discussed is within one of the exceptions to disclosure in Division 2 of Part 1 of the Freedom of Information and Protection of Privacy Act (“FOIP”), pursuant to s. 708.04 of the Municipal Government Act.
Decisions from the Appeal Committee are final and binding and may confirm or set aside a decision of the EMRB; the Appeal Committee may also make non-binding recommendations to the EMRB.
The roster of members for the committee shall consist of 12 individuals appointed by the EMRB with knowledge and/or experience that in the opinion of the EMRB will assist the committee in determining appeals before it (“members”). The Appeal Committee shall conduct appeal hearings in panels of five (5) members.
Meetings of the Appeal Committee are called only as disputes arise and a complaint is duly received pursuant to the terms set out in the bylaw: breach of process or procedural unfairness, or; discriminatory treatment. The Appeal Committee shall conduct a hearing within thirty (30) days of the Complainant’s request.
The EMRB will appoint Appeal Committee roster members for a term of two (2) years. The EMRB may, but is not required to, appoint members for varying or staggered terms, and/or renew terms.
As the Region represents a huge diversity in people, culture, demographics, and community size, it is important that EMRB have diverse representation on this committee including geographic diversity.
For more information on the development and parameters of the Dispute Resolution and Appeal Bylaw please see Appointments to the Dispute Resolution and Appeal Committees.
Candidate Profile
With those factors in mind, the EMRB is standing up the Appeal Committee roster and seeks to recruit twelve subject matter experts.
Experience:
The successful candidate will have experience and expertise in the following areas:
Although not an exhaustive list, this could include members of the legal profession, land use planners, former elected officials, current and former members of quasi-judicial and/or appeal tribunals/boards, individuals from the land development community, former municipal Chief Administrative Officers, individuals with experience in land trusts, and individuals with agricultural expertise.
Knowledge:
Competencies and Attributes:
Diversity, Equity & Inclusion
The EMRB is committed to equity, diversity, and inclusion and recognizes that a diverse team benefits and enriches its work and is essential to operational excellence. We welcome applications from all qualified individuals and encourage women, members of racialized communities, Indigenous persons, persons with disabilities, and persons of any sexual orientation or gender identity to confidentially self-identify at time of application. In accordance with provincial legislation, accommodation will be provided by Gallagher and the EMRB throughout the recruitment, selection and/or assessment process, upon request, to applicants with disabilities. All qualified candidates are encouraged to apply.
The Compensation
Members of the Appeal Committee shall be paid for time spent on the business of the Appeal Committee and expenses in accordance with EMRB Policy G003 – Remuneration and Expenses Board and Committee and Task Force Members, as amended or replaced from time to time.
Time spent on the business of the Appeal Committee shall include:
(a) the duration of an appeal hearing, including breaks;
(b) preparation time not exceeding the scheduled duration of an appeal hearing, and;
(c) decision preparation time not exceeding the actual duration of an Appeal Hearing.
[1] Overview of the Edmonton Metropolitan Region Board, EMRB