Legal Counsel

The BC Family Maintenance Agency (BCFMA) is responsible for the client-centric administration of child and spousal maintenance services for British Columbians. BCFMA offers support that strengthens families, so that they may achieve their full potential and secure the best possible future for their children. We are committed to promoting equity, anti-racism, and multi-culturalism, addressing social and health issues such as mental health and poverty, and providing services that make communities safer. We strive for lasting and meaningful reconciliation through Indigenous-specific community recognition, outreach, and relationship building efforts.

BCFMA is committed to reconciliation with Indigenous Peoples, honouring the Provincial commitment to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), the Declaration on the Rights of Indigenous Peoples Act, and the Truth and Reconciliation Commission’s (TRC) Calls to Action. Through fostering respectful and collaborative relationships with Indigenous partners and stakeholders, BCFMA delivers on government’s priorities.

BCFMA is currently seeking qualified candidates to join our Legal Counsel team in our Victoria office.

The BCFMA Legal Counsel is a member of the Professional Employees Association (PEA) and reports to the Vice President (VP). This position is a member of the in-house Legal team and is responsible for providing Directors, Case Managers and other BC Family Maintenance Agency staff with advice on all aspects of family maintenance law. Legal Counsel must update and maintain knowledge of all applicable legislation, regulations, policy and procedures. This includes the provision of specialized legal advice on family maintenance law matters to program managers and staff as well as ensuring that they are available and prepared to represent BCFMA in all courts in the province.

ACCOUNTABILITIES

• Member in good standing with the Law Society of B.C.
• Provides legal information and advice to Case Managers, Enrolment Services Advisors and other staff on all legal aspects of case management including but not limited to enrolment and eligibility; payment allocation and distribution; calculation of arrears; administrative enforcement; enforcement action in the Courts; Defence of Applications to Vary, Reciprocal Enforcement of Maintenance Orders, Appeals and other family or enforcement law matters.
• Consults on all matters that involve changes to BCFMA processes and operations (i.e. governance, systems, administrative or operational) that may impact or arise from legal services.
• Recommends whether Applications to Vary should be defended on cases with arrears.
• Provides written opinions on request either on the appropriate form or on the Running Record.
• Research legal issues upon request.
• Prepares statistical and other reports as required.
• Responds to legal correspondence and telephone enquiries.
• Understands change management concepts and processes to successfully adapt through changes and innovations in alignment with BCFMA mandate and goals.
• Available and prepared to represent BCFMA on Family Maintenance Enforcement Act (FMEA) case related matters in all courts in the province and to provide case managers and other program staff with advice and direction on all legal aspects of FMEA functions, including but not limited to, enrolment and program eligibility, calculation of arrears, payment monitoring, allocation and distribution, interpretation of orders/agreements, interjurisdictional support, administrative and court enforcement actions and defense of applications to change/vary, etc.
• Undertakes legal casework preparation and attend at court to represent the BCFMA on the defense of any applications challenging BCFMA measures taken under the FMEA and where appropriate defending or initiating applications for relief in BCFMA cases. As required, prepares instructions and documents for retained external counsel to represent the BCFMA in court locations not serviced by in house counsel.
• Maintain effective working relationships with BCFMA staff in all offices.
• Troubleshoot legal issues as they arise and management of cases from legal perspective. Including analysing and responding to complaints from outside parties, or clients, or their legal counsel/advocates.
• Respond to client concerns and issues immediately.
• Be available to members of management as necessary to provide advice and input into various questions arising around application of the law, policies, and memorandum of agreements/understandings in place vis a vis operational issues (i.e. attachments, disclosures of information, etc.
• BCFMA counsel seeks out and participates as presenters in various outreach opportunities in the legal and advocacy communities.
• Other duties as assigned.

JOB REQUIREMENTS

Education

• Bachelor of Law degree and a membership in good standing with the Law Society of British Columbia.

Experience

• Minimum 3 years’ experience in family law with court experience handling trials/hearings.
• Significant experience in family maintenance related law (required).

KNOWLEDGE, SKILLS, AND ABILITIES

• B.C. Family Law experience as well as experience in Family Maintenance Enforcement Act (FMEA) and creditor remedies law in general (i.e. vis a vis execution against assets, garnishment of bank and other accounts, wages, liens, realization and enforcement against security, etc.).
• Knowledge of law pertaining to priorities in cases involving bankruptcy and insolvency, real property, taxation, and personal property.
• Knowledge of procedure and processes and court experience at the Provincial, Supreme and Court of Appeal levels; (involving family, civil and probate areas of practice).
• Knowledge of procedure and processes in Land Title and Survey Authority, Court Services Online, Personal Property Registry and Business and Corporate registries.
• Knowledge of how the FMEA provisions and the BCFMA operational policies and procedures, are administered and applied.
• Demonstrated success working in a team environment.
• Demonstrated high level of customer service acumen.
• Intermediate experience using MS Office including Outlook, Word, Excel.

ADDITIONAL INFORMATION

• A Criminal Record Check is required.

Why work at BCFMA:

• An opportunity to be part of an inclusive and diverse culture where team members are appreciated and valued.
• Participate in a Defined Benefit Pension Plan.
• Competitive Benefits Package includes above standard sick days and flex days.
• Above average vacation allotment.
• Educational reimbursement to assist you in your career growth.

You say you want a career where you can make a difference - don’t delay and apply today!

The annual salary for this position ranges from $82,593.10 to $137,763.27 depending on Years of Call. Candidates must be a Canadian Citizen or Permanent Resident to be considered for this opportunity. This is a unionized position and is covered by the BCGEU/PEA collective agreement.

We are committed to promoting equity, anti-racism and multi-culturalism, addressing social and health issues such as mental health and poverty, and providing services that make communities safer. We strive for lasting and meaningful reconciliation through Indigenous-specific community recognition, outreach, and relationship building efforts.

INDIGENOUS RELATIONS BEHAVIORAL COMPETENCIES

Building a Trust-Based Relationship requires a fundamental understanding that "relationship" is the foundation from which all activities happen and that building a good relationship takes time and commitment. It is a willingness to build a personal relationship in addition to a professional one, participating in open exchanges of experiences and culture. It requires a genuine, non-controlling approach and relies upon demonstrated integrity and transparency. Building a trust-based relationship requires a high level of consciousness of the experience of Indigenous people with Crown relations. It assumes that strengths abound in Indigenous people, cultures and communities.

Cultural Agility is the ability to work respectfully, knowledgeably and effectively with Indigenous people. It is noticing and readily adapting to cultural uniqueness to create a sense of safety for all. It is openness to unfamiliar experiences, transforming feelings of nervousness or anxiety into curiosity and appreciation. It is examining one’s own culture and worldview and the culture of BCFMA, and to notice their commonalities and distinctions with Indigenous cultures and worldviews. It is recognition of the ways that personal and professional values may conflict or align with those of Indigenous people. It is the capacity to relate to or allow for differing cultural perspectives and being willing to experience a personal shift in perspective.

BEHAVIORAL COMPETENCIES

Analytical Thinking is the ability to comprehend a situation by breaking it down into its components and identifying key or underlying complex issues. It implies the ability to systematically organize and compare the various aspects of a problem or situation and determine cause-and-effect relationships (“if...then…”) to resolve problems in a sound, decisive manner. Checks to ensure the validity or accuracy of all information.

Building Partnerships with Stakeholders is the ability to build long-term or on-going relationships with stakeholders (e.g. someone who shares an interest in what you are doing). This type of relationship is often quite deliberate and is typically focused on the way the relationship is conducted. Implicit in this competency is demonstrating a respect for and stating positive expectations of the stakeholder.

Change Management is the ability to support a change initiative that has been mandated within the organization. It involves helping the organization’s members understand what the change means to them and providing the ongoing guidance and support that will maintain enthusiasm and commitment to the change process. People with this competency willingly embrace and champion change. They take advantage of every opportunity to explain their vision of the future to others and gain their buy-in.

Flexibility is the ability and willingness to adapt to and work effectively within a variety of diverse situations, and with diverse individuals or groups. Flexibility entails understanding and appreciating different and opposing perspectives on an issue, adapting one’s approach as situations change and accepting changes within one’s own job or organization.

Listening, Understanding and Responding is the desire and ability to understand and respond effectively to other people from diverse backgrounds. It includes the ability to understand accurately and respond effectively to both spoken and unspoken or partly expressed thoughts, feelings and concerns of others. People who demonstrate high levels of this competency show a deep and complex understanding of others, including cross-cultural sensitivity.

Organizational Commitment is the ability and willingness to align one’s own behaviour with the needs, priorities and goals of the organization, and to promote organizational goals to meet organizational needs. It also includes acting in accordance with organizational decisions and behaving with integrity.

Results Orientation is a concern for surpassing a standard of excellence. The standard may be one’s own past performance (striving for improvement); an objective measure (achievement orientation); challenging goals that one has set; or even improving or surpassing what has already been done (continuous improvement). Thus, a unique accomplishment also indicates a Results Orientation.

Self-Control is the ability to keep one’s emotions under control and restrain negative actions when provoked, faced with opposition or hostility from others, or when working under stress. It also includes the ability to maintain stamina under continuing stress.

Service Orientation implies a desire to identify and serve customers/clients, who may include the public, colleagues, partners (e.g. educational institutes, non-government organizations, etc.), co-workers, peers, branches, ministries/agencies and other government organizations. It means focusing one's efforts on discovering and meeting the needs of the customer/client.

Teamwork and Co-operation is the ability to work co-operatively within diverse teams, work groups and across the organization to achieve group and organizational goals. It includes the desire and ability to understand and respond effectively to other people from diverse backgrounds with diverse views.

We would like to thank all candidates for their interest, however only those being considered for this role will be contacted.