National Energy Board Act (R.S.C., 1985, c. N-7)

Marginal note:Incapacity of single member

• 16. (1) If a member who is conducting a hearing under an authorization under section 14 or 15 becomes incapacitated, resigns or dies during the hearing or after the conclusion of the hearing but before making a decision or report, the Chairperson may authorize another member

  • (a) to continue the hearing and to make a decision or report to the Board, if the incapacity, resignation or death occurs during the hearing; or

  • (b) to examine all the evidence presented at the hearing and to make a decision, or report to the Board, based on the evidence, if the incapacity, resignation or death occurs after the conclusion of the hearing but before a decision is given or a report to the Board is made.

• Marginal note:Incapacity of member of quorum

  (2) If a hearing is being conducted by three members and one member becomes incapacitated, resigns or dies during the hearing or after the conclusion of it but before a decision is given,

  • (a) the Chairperson may authorize another member to replace the incapacitated or deceased member, or the member who resigned, for the rest of the hearing and to participate in the decision, if the incapacity, resignation or death occurs during the hearing; or

  • (b) if the incapacity, resignation or death occurs after the conclusion of the hearing but before a decision is given, the remaining members may, if unanimous, give a decision as if the incapacitated or deceased member, or the member who resigned, were present and participating in the decision.

• Marginal note:Incapacity of member — Part III certificate

  (3) If a hearing in relation to an application for a certificate under Part III is being conducted by three members and one member becomes incapacitated, resigns or dies during the hearing or after its conclusion but before the report that is required to be prepared under subsection 52(1) is finalized,

  • (a) the Chairperson may authorize another member to replace the incapacitated or deceased member, or the member who resigned, for the rest of the hearing and to participate in the finalizing of the report, if the incapacity, resignation or death occurs during the hearing; or

  • (b) if the incapacity, resignation or death occurs after the conclusion of the hearing but before the report is finalized, the remaining members may, if unanimous, finalize the report as if the incapacitated or deceased member, or the member who resigned, were present and participating in its finalization.

• Marginal note:Effects of authorization

  (4) If a member is authorized under paragraph (2)(a) or (3)(a) to replace a member,

  • (a) evidence and representations received by the Board in the course of the hearing before the replacement are considered to have been received after the replacement; and

  • (b) the Board is bound by every decision made by the Board in the course of the hearing before the replacement unless the Board elects to review, vary or rescind a decision.

• Marginal note:Chairperson’s powers

  (5) Nothing in subsections (1) to (3) precludes the Chairperson from taking a measure under subsection 6(2.2).

• Marginal note:Member ceasing to hold office

  (6) A person who resigns or otherwise ceases to hold office as a member may, if authorized to do so by the Chairperson and on any terms and conditions that the Chairperson prescribes, continue to inquire into, hear and conclude any proceeding to which that person was assigned while that person was a member and the person shall for that purpose be considered to continue to be a member.