Public Servants Disclosure Protection Act

Marginal note:Establishment

• 20.7 (1) There is established a tribunal to be known as the Public Servants Disclosure Protection Tribunal consisting of a Chairperson and not less than two and not more than six other members to be appointed by the Governor in Council. All of the members must be judges of the Federal Court or a superior court of a province.

• Marginal note:Tenure

  (2) Each member of the Tribunal is to be appointed for a term of not more than seven years and holds office so long as he or she remains a judge.

• Marginal note:Re-appointment

  (3) A member of the Tribunal, on the expiration of a first or any subsequent term of office, is eligible to be re-appointed for a further term.

• Marginal note:Temporary members

  (4) Subject to subsection (5), in addition to the members appointed under subsection (1), any judge or former judge of the Federal Court of Canada or the Federal Court or of a superior or district court of a province may, on the request of the Chairperson of the Tribunal made with the approval of the Governor in Council, act as a temporary member of the Tribunal.

• Marginal note:Consent required

  (5) Except in relation to a former judge, no request may be made under subsection (4)

  • (a) to a judge of the Federal Court without the consent of the Chief Justice of that Court or of the Attorney General of Canada; or

  • (b) to a judge of a superior court of a province without the consent of the chief justice or chief judge of that court or of the attorney general of the province.

• Marginal note:Approval of requests by Governor in Council

  (6) The Governor in Council may approve the making of requests under subsection (4) in general terms or for particular periods or purposes, and may limit the number of persons who may act as temporary members of the Tribunal.

• Marginal note:Remuneration of temporary members

  (7) Each temporary member of the Tribunal who is a former judge is to be paid the remuneration determined by the Governor in Council.

• Marginal note:Expenses

  (8) Each member of the Tribunal and each temporary member of the Tribunal is entitled to be paid the expenses fixed by the Governor in Council.

• Marginal note:Acting after expiration of appointment

  (9) A member of the Tribunal whose appointment expires may, with the approval of the Chairperson, conclude any hearing that the member has begun and he or she is deemed to be a temporary member of the Tribunal for the purpose.