CHAPTER 1

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ADMINISTRATIVE JUSTICE AND TRIBUNAL PROCEEDINGS

1.2 Characteristics of Tribunal Proceedings in Employment Insurance Cases

1.2.1 Equal Representation

The idea of equal representation of the interests of workers and employers has long existed within labour organizations, whether they be labour relations boards, arbitration tribunals or even organizations involved in occupational health and safety. Thus, in Quebec, for example, the legislature created bureaux de représentation paritaire (BRPs) [equal representation boards] in 1985; these are a kind of administrative tribunal of first instance and we referred to them earlier. In a 1994 report, a working group stated the following: [Translation] ". . . equal representation provides employers and workers with the assurance that one member of the panel is particularly sensitive to their separate values and problems."^{257 Citation 257}

In the 1997 reform, the Quebec legislature created a new tribunal, the Commission des lésions professionnelles, which embodies the same principles of equal representation as the bureaux de révision paritaires.^{258 Citation 258}

The Act has long since recognized equal representation. There is no question as to the reason for this.^{259 Citation 259} The Act and the Regulations provide that this kind of representation should be implemented. The presence of two members representing the values of employers and those of unions is strictly enforced unless the claimant or the employer agree to a board of two, including the chairperson, sitting in a case (R. 78 Regulation 78).

The Federal Court has found s. R. 78 Regulation 78 to be perfectly valid.^{260 Citation 260} It defines a quorum as being "the minimum number of members who must be present for this body to be able to validly exercise its powers". A decision of the Board of Referees, with the claimant's or the employer's consent to sit as two, is perfectly valid but this consent is essential.^{261 Citation 261}

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