s.4.4 — Incapacity, panel of one

4.4 (1) In the case of a panel of one person, if the person dies or is or appears to be, for any other reason, unable to complete a hearing or to make a decision, the chair of the tribunal may, on a party’s motion to the tribunal or on the chair’s own initiative, assign another panel to complete the hearing or make a decision in the person’s place. (2) In the case of a panel of more than one person, if a member of the panel dies or is unable for any other reason to complete a hearing or to participate in a decision, the remaining member or members may complete the hearing or make a decision. (3) If the chair of the tribunal is of the opinion that a panel has failed to complete a hearing or make a decision within a reasonable time, the chair may specify a deadline by which the panel must complete the hearing or make a decision. (4) For the purposes of subsection (3), the chair of the tribunal, (a)  shall consider, (i)  the guidelines established by the tribunal under section 16.2, and (ii)  the service standard policy developed by the tribunal under section 5 of the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009, if applicable; and (b)  may consider any other matter that, in the chair’s opinion, is relevant in the circumstances. (5) If a panel fails to meet a deadline specified under subsection (3), the chair of the tribunal may, on a party’s motion to the tribunal or on the chair’s own initiative, assign another panel to complete the hearing or make a decision in the first panel’s place. (6) The panel assigned under subsection (1) or (5) shall determine whether to, (a)  continue the hearing or make a decision on the basis of the existing evidentiary record, subject to subsection (8); or (b)  rehear the proceeding. (7) If the panel permits, the parties to the proceeding may make submissions on the determination to be made by the panel under subsection (6). (8) Despite clause (6) (a), the panel may, during or after the hearing, recall a witness or require further evidence. (9) This section is subject to any other Act or regulation that applies to the proceeding.