Employment Insurance Regulations

78 (1) Wherever practicable, members of a board of referees shall be selected in rotation from each of the panels established under subsection 111(3) of the Act.

(2) No person shall be a member of a board of referees for the consideration of a case

• (a) in which that person is or has been a representative of the claimant or the employer;

• (b) by which that person is or may be directly affected; or

• (c) in which that person has taken any part in the proceedings either on behalf of an association or as a witness or otherwise.

(3) Any claim for benefits or any question that is appealed to a board of referees may be considered if

• (a) the chairperson and one half of the members of the board are present; and

• (b) the claimant or the claimant's representative and the employer or the employer's representative consent.

(4) In the case of a tie vote in an appeal referred to in subsection (3), the chairperson has a casting vote.