Marginal note:Immunity of members
154. No criminal or civil proceedings lie against a member of the Board for anything done or said in good faith in the exercise or purported exercise of the functions of a member of the Board under this or any other Act of Parliament.
Marginal note:Board members not to be witnesses
154.1 A member of the Board is not a competent or compellable witness in any civil proceedings in respect of any matter coming to their knowledge in the course of the exercise or purported exercise of their functions under this or any other Act of Parliament.
- 2012, c. 1, s. 101.
155. (1) A full-time member of the Board shall not hold any office or engage in any occupation incompatible with the exercise of the member’s functions under this or any other Act of Parliament.
(2) A member of the Board may not participate in a review of a case in circumstances where a reasonable apprehension of bias may result from the participation of that member.
155.1 (1) The Chairperson may recommend to the Minister that an inquiry be held to determine whether any member of the Board should be subject to any disciplinary or remedial measures for any reason set out in any of paragraphs 155.2(2)(a) to (d).
Marginal note:Judge to conduct inquiry
(2) If the Minister considers it appropriate that an inquiry under this section be held, a judge, supernumerary judge or former judge of the Federal Court of Canada, the Federal Court of Appeal or the Federal Court, in this section and section 155.2 referred to as a “judge”, shall conduct the inquiry.
(3) A judge conducting an inquiry under this section has all the powers, rights and privileges that are vested in a superior court and, without restricting the generality of the foregoing, has the power
(a) to issue to any person a summons requiring the person to appear at the time and place mentioned in the summons to testify with respect to all matters within the person’s knowledge relative to the inquiry and to bring and produce any document, book or paper that the person has or controls relative to the inquiry; and
(b) to administer oaths and examine any person on oath.
Marginal note:Inquiry public
(4) Subject to subsections (5) and (6), an inquiry under this section shall be conducted in public.
(5) A judge conducting an inquiry under this section may, on application, take any measures or make any order that the judge considers necessary to ensure the confidentiality of the inquiry where the judge is satisfied that, during the inquiry or as a result of the inquiry being conducted in public, as the case may be,
(a) matters involving public security may be disclosed;
(b) financial or personal or other matters may be disclosed of such a nature that the desirability of avoiding public disclosures of those matters in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that the inquiry be conducted in public; or
(c) there is a reasonable likelihood that the life, liberty or security of a person would be endangered.
(6) Where a judge conducting an inquiry under this section considers it appropriate to do so, the judge may take any measures or make any order that the judge considers necessary to ensure the confidentiality of any hearing held in respect of an application referred to in subsection (5).
Marginal note:Rules of evidence
(7) A judge conducting an inquiry under this section is not bound by any legal or technical rules of evidence and, in any proceedings of the inquiry, the judge may receive and base a decision on evidence adduced in the proceedings and considered credible or trustworthy in the circumstances of the case.
Marginal note:Right to grant standing
(8) A judge conducting an inquiry under this section may grant standing to the hearing to any party where the judge determines such an order to be appropriate.
Marginal note:Right to be heard
(9) Every person in respect of whom an inquiry under this section is conducted shall be given reasonable notice of the subject-matter of the inquiry and of the time and place of any hearing thereof and shall be given an opportunity, in person or by counsel, to be heard at the hearing, to cross-examine witnesses and to adduce evidence.
- 1995, c. 42, s. 59;
- 2002, c. 8, s. 132.
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