Muskrat Falls Project Land Use and Expropriation - Arbitration Panel

Department

Authority

Remuneration

Purpose:

The Muskrat Falls Project Land Use and Expropriation - Arbitration Panel (Panel) is established to determine compensation related to the expropriation of land under the Muskrat Falls Project Land Use and Expropriation Act. Operating in accordance with section 24 of the Act and section 16 of the Regulations, the Panel is tasked with arbitrating disputes regarding compensation owed to former landowners affected by the Muskrat Falls Project. Its primary clients include Newfoundland and Labrador Hydro and Emera Newfoundland and Labrador, alongside landowners awaiting compensation settlements. 

Structure:

The Panel will consist of at least ten members, including the chairperson and vice-chairperson, who shall serve as members of the arbitration panel.

The members of the Panel will represent a diverse mix of skills and experience and will be determined using a merit-based process as a Tier 2 entity added to Schedule C of the Public Service Commission Act.

Operation of arbitration panel and arbitration tribunal:

1. The arbitration panel shall govern its own procedure subject.
2. The chairperson of the arbitration panel shall appoint, from among members of the arbitration panel, arbitration tribunals which shall conduct hearings respecting compensation for or related to an expropriation under the Act and regulations.
3. An arbitration tribunal shall, at all times, have as a member the chairperson or vice-chairperson of the arbitration panel.
4. Hearings by arbitration tribunals may be contemporaneous.
5. An arbitration tribunal has, in relation to the hearing or determination of a matter, all the powers that are or may be conferred upon a commission under the Public Inquiries Act, 2006.
6. A decision of an arbitration tribunal shall be considered to be a decision of the arbitration panel.

Competency Profile:

The Chair and Vice-Chair of the Panel shall be members in good standing under the Law Society Act, 1999. The remaining members do not have to be lawyers.

All individuals appointed to the Panel are expected to have an in-depth understanding of legislation and regulations governing the Panel, including specifically the Act and Regulations.

Qualifications:

All individuals appointed to the Panel are expected to hold the following requisite competencies and experiences:

• Ability to share expertise and perspectives in an open, supportive and confidential environment;
• High ethical standards and integrity in professional dealings;
• Experience in contributing to strategic discussions and their implementation;
• Demonstrated ability to represent a broad spectrum of views rather than just that of their own company or organization and focus on a pan-provincial vision rather than individual priorities;
• Flexible, responsive and willing to consider others’ opinions;
• Ability to listen and work as a team member; 
• A background in law, governance, regulation, dispute resolution or negotiation; 
• Experience in financial analysis, budgeting or fiscal management to provide insights on the financial implications of strategic decisions; and
• Familiarity with dispute resolution processes and the ability to impartially assess situations, ensuring fair and equitable outcomes based on established guidelines.

Time Commitments:

Members of the panel should be available to meet on a quarterly basis at a minimum, but more frequently if determined by the Chair. Any applicable working groups of the Panel would meet on an as-needed basis. Panel members may also be expected to spend additional time reviewing materials and preparing for Board and Committee meetings.

Term:

A member of the arbitration panel shall serve for a period of three years and is eligible to be reappointed. Members may continue to serve on the Panel until they are reappointed or replaced.        

Vacancy Profile:

The Muskrat Falls Project Land Use and Expropriation - Arbitration Panel is seeking to fill up to 10 positions, including Chairperson and Vice-Chairperson. Expressions of interest are being sought from individuals who possess the experience, competencies and qualifications identified in the board profile. Consideration will be given to a variety of demographic factors to ensure the Panel is representative of the population it serves.