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加拿大農(nóng)產(chǎn)品法-展示頁

2025-03-14 04:36本頁面
  

【正文】 for cause. Reappointment s. (5) (5) Each member of the Tribunal may be reappointed as a member in the same or another capacity. Not employed in public service s. (1) (1) A member of the Tribunal may not be a person employed in the public service of Canada. Conflict of interest s. (2) (2) A member of the Tribunal shall not accept or hold any office or employment that is inconsistent with the member39。s position bees vacant, the Minister may appoint a person to act in the member39。s position bees vacant, the members of the Tribunal shall designate a member of the Tribunal with the legal qualifications described in subsection (2) to act as Chairperson pending the appointment of a replacement. BOARD OF ARBITRATION AND REVIEW TRIBUNAL ss. 4 to 8 Duties of Chairpersons s. 5(3) (3) The Chairperson of the Board and the Chairperson of the Tribunal are the chief executive officers of the Board and the Tribunal, respectively, and shall apportion work among their members. Head offices s. 6(1) 6. (1) The head offices of the Board and the Tribunal shall be in the National Capital Region, as described in the schedule to the National Capital Act. Meetings s. 6(2) (2) The Board may sit at such places in Canada as it considers appropriate and the Tribunal may sit at such places in Canada as may be specified by the Governor in Council. Quorum s. 6(3) (3) Three members of the Board constitute a quorum. Staff and facilities s. 6(4) (4) The Minister may provide the Board and the Tribunal with such officers and employees from within the public service of Canada and such facilities and professional advisers as are necessary for the proper conduct of the business of the Board and the Tribunal. BOARD OF ARBITRATION AND REVIEW TRIBUNAL ss. 4 to 8 Travel and living expenses Board s. 7 7. Each member of the Board is entitled to be paid (a) an amount fixed by the Treasury Board for each day or part of a day that the member is performing duties under this Act unless the member is employed in the public service of Canada。s duties under this Act. Remuneration Tribunal s. (1) (1) Each fulltime member of the Tribunal shall be paid such salary as is fixed by the Governor in Council and each parttime member of the Tribunal is entitled to be paid such fees or other remuneration for that member39。s duties under this Act. BOARD OF ARBITRATION AND REVIEW TRIBUNAL ss. 4 to 8 Courts of record s. 8(1) 8. (1) The Board and the Tribunal are courts of record and each shall have an official seal that shall be judicially noticed. Examination of witnesses, etc. s. 8(2) (2) In addition to the powers conferred by subsection (1), the Board and the Tribunal each have, with respect to the appearance, swearing and examination of witnesses, the production and inspection of documents, the enforcement of their orders and other matters necessary or proper for the due exercise of their jurisdiction, all such powers, rights and privileges as are vested in a superior court of record and, without limiting the generality of the foregoing, the Board and the Tribunal may each (a) issue a summons requiring a person (i) to appear at the time and place stated in the summons to testify to all matters within the person39。s possession or under the person39。 (b) administer oaths and examine any person on oath。 (b) the time and manner in which applications and notices must be made or given。 (b) where it finds that the plaint is well founded, the Board shall make such order as it considers will provide adequate relief from the activity plained of, including, if necessary, an order for the payment of pensation and interest。s proceedings and on the grounds of fairness, natural justice or error of law, but the Tribunal may hear evidence not previously available if it deems it necessary for the purposes of the review. Disposition of review s. 10(2) (2) After concluding a review referred to in subsection (1), the Tribunal may, by order, confirm the decision, make the decision that the Board should have made or direct that the Board rehear the matter, and the Tribunal shall, in accordance with its rules, notify the parties of any order under this subsection. ENFORCEMENT OF DECISIONS AND ORDERS ss. 11 to Filing in Federal Court s. 11(1) 11. (1) Subject to subsection (3), any person affected by a decision or order of the Board made under subsection 9(2), if it is final, or a decision or order of the Tribunal made under subsection 10(2), may file in the Federal Court for immediate registration a copy of the decision or order, exclusive of any reasons given for it, but the decision or order shall not be filed until at least thirty days after the day on which the decision or order was made. Effect of filing s. 11(2) (2) On filing in the Federal Court, a decision or order shall be registered in that Court and, when registered, it shall have the same force and effect, and all proceedings may be taken, as if the decision or order were a judgment obtained in that Court. Staying filing s. 11(3) (3) The Tribunal may make an order staying the filing in the Federal Court of any order pending its review by the Tribunal. Definition s. 11(4) (4) In subsection (1), the expression order of the Board includes an order as varied by the Tribunal, but does not include an order made by a decision that has been cancelled by the Tribunal. ENFORCEMENT OF DECISIONS AND ORDERS ss. 11 to Exclusive jurisdiction s. 12(1) 12. (1) The Board has sole and exclusive jurisdiction to hear and determine all questions of fact or law in relation to any matter over which the Board is given jurisdiction by section 9, and the Tribunal has sole and exclusive jurisdiction to hear and determine all questions of fact or law in relation to any matter over which the Tribunal is
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