CHAPTER 1

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ADMINISTRATIVE JUSTICE AND TRIBUNAL PROCEEDINGS

 

1.1 General Characteristics of Administrative Proceedings

1.1.3 An Accessible, Informal, Effective Procedure

1.1.3.4 Specific Role of the Chairperson

In the employment insurance administrative justice system, the chair of the tribunal has an important role.228 Citation 228 Under our system, the chairperson of the board has a particularly important role to play. Besides his or her particular status (A. 111(2) Section 111(2) of the Act), the chairperson has many specific duties under ss. R. 80 SS. 80 of the Regulations, 81 SS. 81 of the Regulations, 82 SS. 82 of the Regulations, 83 SS. 83 of the Regulations, as well as s. A. 114(2) Section 114(2) of the Act. Section R. 78(2) Section 78(2) of the Regulations provides that the chairperson must necessarily be part of the quorum and that in the case of a tie vote, the chairperson shall have a casting vote.229 Citation 229 However, to respect the decision-making independence of each member and the credibility of the group, s. R. 83 Section 83 of the regulations provides for the formal right of each member, including the chairperson, to dissent, and this member is also entitled to include the reasons for his or her dissent in the minutes of the proceedings of the board.

The particular status of the chairperson should not diminish the indispensable role of the other members since the board is a collegial tribunal made up of equal members, as we will see below.

 

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