AN INTRODUCTION TO TRIBUNAL PROCEEDINGS
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4. Deliberations and Decision
Once the hearing is closed, the board must take the matter under advisement (consideration) and render a decision.
4.1 Deliberations
There is no reference to the deliberations in the statute law. During this stage, courts or tribunals consider the evidence, establish their reasoning and prepare a decision. If the tribunal has several members, it is assumed that the members will consult or discuss the matter with each other. Section 83(2) of the EI Regulations refers to this consultation by providing that the reasons for a dissenting member's disagreement must be recorded in the minutes of the proceedings.
Neither the EI Act nor the Regulations establish a time period for deliberations or time limit within which a decision must be rendered. The deliberations of the Board of Referees are generally very short. According to administrative law, the deliberations are, in principle, secret and confidential.
Chapter 13 of the Benefit Manual reiterates what should normally happen during the deliberations. The chairperson should recapitulate the issues in the appeal. He or she should note what had to be proven, identifying the parties' oral and written submissions that are to be regarded as fact. He or she should suggest a reasoning or argument based on the preponderance of evidence and having regard to the provisions of the EI Act, the Regulations and the relevant case law. Where necessary, he or she should note the probative value of the items of evidence submitted. Once this has been done, the members must confer with the chairperson on these issues. Finally, if a consensus is reached, the chairperson or another member must propose findings.
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