Job Specification

Purpose of Position :

To plan, develop organize, implement and supervise the delivery of the Investigations and Enforcement Branch program activities in an assigned region. Act as the branch representative in the multiple offices within the West Central Region and on related internal and external committees.

Duties / Responsibilities :

In the Regional Office, responsible for delivery of all major investigations and enforcement actions by Ministry of the Environment, providing timely quality service to the public, business, industry and government agencies while ensuring business goals of environmental protection, confidentiality, compliance and conservation are achieved, the Supervisor:

1. Assesses occurrence reports referred to the branch for viability of investigation, determining the priority for response, approving occurrences for investigation where warranted and closing unassigned occurrences by other means. Reviews and approves the application of investigative tools such as search warrants, court orders, etc.

2. Leading and coordinating IEB regional program delivery activities to facilitate the incorporation of the ministry and divisional business plan requirements. Preparing a regional work plan and providing input into the Branch work plan and reports. Support the monitoring, evaluation, reporting and implementation of an efficient, effective and consistent program delivery in a region (e.g. the implementation and reporting of program performance measures/targets, the development of guidance materials, the identification of process streamlining opportunities, the determination of routine resource requirements etc.).

3. Reviews Crown Briefs for consistency with branch standars, legal requirements and to ensure evidence is included to support the charges recommended prior to laying the charges.

4. Determines the nature and scope of intelligence, investigative and enforcement action appropriate to enforce all areas of statutory administration in the Region, mainly arising from the Pollution Incident Reports; internal and external occurrence reports; and from the issuance of the various Orders under Ministry legislation.

1. Ensures each case is treated: fully in accordance with all legal investigative requirements; consistently with similar cases in the region and the province; in concert with other jurisdictions which also have a direct interest (over-lapping jurisdictions require coordination among jurisdictions, typically supervised by position): with an awareness of the legal/technical problems of collecting evidence in sophisticated and varied industries.

2. Conducts regular reviews of investigators work and files to ensure that they are in compliance with all relevant ministry, division and branch policies and procedures. This ensures that investigations are completed in a timely manner and that the quality and quantity of work meets the branch standards. Investigator reviews are submitted to the Manager, Regional Enforcement Operations.

3. Supervises the prosecution of cases by investigators in the region to ensure consistency and high level of professionalism in presentations to the courts. Conducts prosecutions of selected high profile or precedent setting cases within their assigned region. Attends court to take guilty pleas, conduct Provincial Offences Act Part I and selected Part III prosecutions and make submissions with respect to sentencing (e.g. thinking and communicating clearly and precisely under pressure in a courtoom setting; responding to legal questions and points of law; obtaining relevant evidence from witnesses and defendants, in support of charges before the court; comprehending evidence and contemporaneously formulating a response; articulating the highlights in summations to the court, ensuring that all aspects of the case are presented in support of the charges; presenting the crown's case in an unbiased tone and manner and recommending sentence to the court).

4. Ensures management is kept informed of all significant actions re cases; respond to requests for information on management's behalf from press, public, other agencies both orally and in writing with respect to regional investigations and enforcement activities.

5. Supervises staff by making decisions and/or effective recommendations to Manager, Regional Enforcement Operations on recruitment/hiring, promotion, demotion, dismissal recommendations, disciplinary actions, merit increases, grievances, health and safety issues, new positions/reclassifications, performance appraisals, approving leaves, training needs, etc. Promotes a working environment that fosters openness, a team approach to accomplishing tasks and achieving objectives, and quality service standards. Note: Staff are located in offices throughout the region and supervision of the program is carried out via the phone, e-mail and periodic visits.

6. Manages an assigned budget to cover all operating costs for program delivery within the region. Authorizes expense accounts, purchase orders and petty cash disbursements. Monitors and forecasts expenditures in relation to the remaining budget on an ongoing basis. Coordinates staff vehicle usage and maintenance, ensuring safety requirements are met.

7. Provides advice from the investigative and enforcement delivery perspective to branch management and regional staff, through regular attendance at regional management meetings, standing committee, project related meetings or as requested.


8. Participates in delivering training in enforcement techniques to regional investigations staff and other staff in the regional and local offices. Makes presentations on enforcement program

9. Assists the Manager, Regional Enforcement Operations in the administration of branch activities and acts for the Manager, Regional Enforcement Operations as required and performs other duties as assigned…

Knowledge :

Thorough knowledge/understanding of: ministry program/policy delivery and evaluation processes, business/operational plans, ministry core business functions, business plan goals/objectives as well as ministry operations to assist in the lead/coordination of the Investigations and Enforcement Branch program delivery activities and review and provide comments on policy. Sound knowledge and experience in the application of environmental legislation to establish the specific nature of offences; current case law and rules of evidence, including procedural legislation at the Provincial and Federal levels, to supervise investigation and review of Crown Briefs; provincial standards and procedures to ensure consistency; plus a sound understanding of related legislation, for example, as needed to co-ordinate efforts with other provincial, federal and U.S. authorities, e.g. agricultural standards, fisheries requirements, atomic waste disposal standards, or to understand all aspects of an offence which could violate a number of laws at once. In addition, the position requires a sound understanding of investigative techniques normally acquired through formal police and ministry training courses as well as of forensic procedures e.g. related to the collection and handling of samples to be used as evidence, and of internal management processes directed to pinpointing specific accountability for actions taken or not taken within an organization.
Investigative knowledge must be sufficient to participate in training of investigative staff, and to supervise complex investigations. Formal training and extensive experience in the use of investigative technology, sufficient to achieve the level of understanding of technical process necessary to conduct a complex investigation in a sophisticated industry and to assess the relevance and accuracy of information offered, e.g. by corporate engineers with respect to specific industrial processes. Solid appreciation of what sort of technology is necessary to assess work of subordinates. Also requires an understanding of whether steps reportedly taken to control certain industrial processes might reflect an acceptable level of diligence on the part of the corporation concerned, also which situations should be handled by expert specialists (internal and/or external). Excellent communication skills to ensure subordinates know how to secure optimum co-operation from frightened or hostile witnesses; to secure complex, often technical information and be able to convey this clearly in both oral and written form as necessary, in court and to ministry superiors, press and public; to maintain a sound working relationship with colleagues contributing to the enforcement process, e.g. those in the ministry working to secure voluntary compliance with technical specialists, with representatives of other law enforcement agencies, and jurisdictions. Knowledge of ministry/OPS fiscal practices to authorize expenditures for regional program delivery.

Knowledge of ministry/OPS policies, practices and procedures, collective agreements, relevant legislation and guidelines associated with human resources management to: effectively manage staff, and respond to labour matters; to monitor service levels of external consultants/specialists, and to evaluate their performance. Knowledge of management theories/practices as they apply to the OPS to manage and develop staff.

Knowledge of ministry/OPS fiscal and procurement practices/policies/procedures to develop funding proposals, draft RFP's for the retention of external consultants/experts, manage the negotiation of contractual agreements and manage the acquisition of physical assets, fleets, accommodations and authorize expense accounts, purchase orders and petty cash disbursements; knowledge of Workforce Information System (WIN) sufficient to initiate processing of specific HR information.

Valid Class G driver's licence

Judgement :

The position receives direction from the Manager, Regional Enforcement Operations who is located in Toronto, as to ministry standards, priorities and current concerns, also with respect to program quality, and staff training requirements. Judgement is exercised by assessing each situation being investigated against legislative requirements, investigative standards, internal ministry direction and government policies, and technical realities. The position exercises judgement in forming these assessments in relation to situations; in deciding which approaches to securing evidence would be most appropriate in the more complex investigations; in ensuring that all actions taken, including the warrants executed, will support subsequent legal actions; in deciding when additional legal, scientific or other expertise is necessary to help make decisions and securing this expertise; in Planning joint actions with other agencies, e.g. a single case might involve the O.P.P., Federal Officials in both Canada and the U.S., given the different types of offence involved.
The position makes effective operating decisions as to whether or not to proceed with investigations of all alleged environmental offences within the Region with a view to prosecution, based on established procedure. These decisions involve an assessment of past occurrences involving the same corporation and part efforts to address these; of technical difficulties in obtaining satisfactory evidence as illustrated by the way in which courts have handled similar cases in the past; of the extent to which it is likely that legal requirements can be met, e.g. tests with respect to corporate diligence, statutory time limitations; of the relative priority of the investigation in the context of other regional priorities and workload. The position exercices judgement in deciding the most efficient and effective way of enforcing ministry and court orders, consistent with general legal requirements and ministry operating standards. The position exercises judgement in planning and utilizing human, material and financial resources as efficiently and effectively as possible to meet ministry objectives, exercising the usual supervisory judgement with respect to supervision, and deciding what materials, e.g. protective equipment, vehicles, and expertise are necessary to the successful conduct of investigations, and account for these decisions. Judgement is required in the application of human resources management legislation, policies, practices and guidelines in managing staff.

Accountability - Programs :

Within one of five regions in Ontario, the position is accountable for the day to day supervision of all aspects of the investigation and enforcement function; arranging for necessary investigations and actions to enforce Ministry legislation, making effective operating decisions as to which investigations to pursue, which not to pursue, to provide advice on how investigations are to be conducted, when Crown Briefs are properly prepared in accordance with Branch procedures. Position is primary spokesperson for program in Region, and contributes comments to Branch policy formulation.

Accountability – Personnel :

Full accountability for supervising work of Regional Investigators, and Administration staff. Staff work in five locations across West Central Region. Supervises staff within delegated authority, collective agreements, OPS legislation, policies, practices and guidelines. Position makes recommendations and decisions as delegated, on recruitment/hiring, promotion, demotion, dismissal effective recommendations, disciplinary actions, merit increases, grievances (at first stage and participating in further stages), health and safety issues, new positions/reclassifications, performance appraisals, leaves, training needs, etc.

Accountability - Finance and Materials :

In addition to standard staff and operating costs, there is discretion assigned to the position which also has operating accountability for operating within the allocated budget of the region.

Accountability - Impact of Errors :

Position's role in reviewing Crown Briefs will continue to result in court precedents and in the continuing development of effective environmental enforcement. The effectiveness of the actual investigation sends a clear message to existing and potential polluters within the region/province. Inadequate enforcement could lead to a continued, severe threat to human health and long term environmental damage. Branch staff could face civil litigation arising from improper procedural decisions. Since penalties for some offences can include high fines and/or imprisonment, improper decisions could result in job loss, improper court costs, loss of reputation, and cost to Ministry of trying to correct these.

Contact - Internal :

Within the Ministry, the position has frequent contacts with regional staff and management in all cases to obtain/exchange information and advice on how to build specific cases, e.g. to advise abatement and technical staff re what constitutes an offence and how to collect information, to secure advice from abatement staff re technical specifics of a situation, to secure legal advice in peculiar situations. The position also has contact with senior ministry officials to advise re actions being considered or taken and to draft responses to questions with respect to the Investigations and Enforcement program, including letters for the Minister's signature. Works closely with lawyers to prosecute cases; with court administrators as necessary to resolve procedural and/or administrative matters. Within the government, with staff involved in enforcing related legislation in other ministries, and with the other law enforcement agencies, to arrange specific joint actions, secure technical surveillance.

Contact - External :

In consultation with head office, contacts with officials of other jurisdictions (federal, municipal, U.S.A.), including elected officials, to co-ordinate investigations or specific enforcement actions. Works closely with outside experts in order to ensure their service supports investigations effectively. Contacts with media involve representing the program within the region. Contacts with owners, executives, specialists and employees of companies at all levels, their legal representatives to obtain information and negotiate the resolution of charges as a prosecutor. Public contacts are made to exchange general information about the program or specific information about a case.