Canadian Free Trade Agreement (CFTA): Compliance Panel and Appellate Panel Rosters

Chapter 10 (Dispute Resolution) of the Canadian Free Trade Agreement allows for the establishment of a panel to resolve disputes between parties (i.e. government-to-government) or persons and parties (i.e. person-to-government).

What is the function of the organization?

If a matter has not been resolved through consultations, a request may be made to establish a panel to hear the proceeding. Three panelists are selected from the roster of panelists to constitute the impartial panel. The primary function of the panel includes:

• examine whether the actual or proposed measure, or other matter at issue, is or would be inconsistent with the terms of the Canadian Free Trade Agreement
• may seek information and expert advice from any person or body that it considers appropriate
• review written submissions of the participating parties
• in-person oral submissions to be heard by the panel
• issue a report based on the submissions of the participating parties and any other evidence received during the course of the proceeding

How many people are appointed to the Panel Rosters?

The signatories (Federal-Provincial-Territorial Governments within Canada) of the Canadian Free Trade Agreement shall be entitled to appoint up to five (5) members to the Compliance Panel roster and up to five (5) members to the Appellate Panel roster.

What are the requirements of Panel Members?

Work & Experience Requirements

• Have expertise and experience in matters covered by the Canadian Free Trade Agreement.
• Be independent of and not take instructions from any Party.

Skills Required

• Expertise in Canadian administrative law or the resolution of disputes arising under Canadian administrative law.
• Endeavour to appoint at least one bilingual (English and French) member to the roster.

What are the nomination requirements?

Cabinet will appoint upon recommendations by the Minister.

Will I get paid?

• Per diem: $800.00 based on an average day of 6 hours.  
• Reimbursements: expenses related to travel are covered.

What is the time commitment for a Panel Roster Member?

Panel Roster Members shall serve a term of five years, with the possibility of reappointment.

If selected to a panel, the time will vary based on the complexity of the proceeding. Time will be required to review written submissions, conduct an in-person hearing with the parties, and issue a final report.

How can I apply? 

If you would like to serve as a member of a provincial government agency, board, or commission (ABC) you can apply online through Engage PEI. 

Contact

For further information about this committee, you may contact:

Darryl O'Brien
Trade & Economic Policy Advisor – Economic and Population Growth
Tel: 902-569-0562
Fax: 902-368-4242
Email: dobrien@gov.pe.ca