Marginal note:Questions of law, fact, mixed law and fact
12. (1) In any proceedings before the Tribunal,
(a) questions of law shall be determined only by the judicial members sitting in those proceedings; and
(b) questions of fact or mixed law and fact shall be determined by all the members sitting in those proceedings.
Marginal note:Where there are differing opinions
(2) In any proceedings before the Tribunal,
(a) in the event of a difference of opinion among the members determining any question, the opinion of the majority shall prevail; and
(b) in the event of an equally divided opinion among the members determining any question, the presiding member may determine the question.
Marginal note:Where member unable to take part in judgment
(3) Where a member of the Tribunal is unable to take part in the giving of judgment in any proceedings or has died, the other members sitting in those proceedings may, whether or not they include a judicial member or a lay member, give judgment and, for that purpose, shall be deemed to constitute the Tribunal.
13. (1) Subject to subsection (2), an appeal lies to the Federal Court of Appeal from any decision or order, whether final, interlocutory or interim, of the Tribunal as if it were a judgment of the Federal Court.
Marginal note:Questions of fact
(2) An appeal on a question of fact lies under subsection (1) only with the leave of the Federal Court of Appeal.
- R.S., 1985, c. 19 (2nd Supp.), s. 13;
- 2002, c. 8, s. 130.
Administration of Tribunal
(2) Such officers, clerks and employees as are required for the proper conduct of the work of the Tribunal shall be appointed in accordance with the Public Service Employment Act.
(3) The employees of the Tribunal shall be organized and the offices shall be operated in such manner as may be provided by the rules.
15. The Tribunal may sit at such times and at such places throughout Canada as it considers necessary or desirable for the proper conduct of its business.
(a) for regulating the practice and procedure of the Tribunal; and
(b) for carrying out the work of the Tribunal, the management of its internal affairs and the duties of its officers and employees.
Marginal note:When effective
(2) No rule made under this section has effect until it has been published in the Canada Gazette.
Marginal note:Tabling of rules
(3) A copy of every rule made under this section shall be laid before Parliament on any of the first fifteen days after the making thereof that either House of Parliament is sitting.
(4) Five members of the Tribunal, at least three of whom are judicial members, constitute a quorum of the Tribunal for the purpose of making rules under this section.
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