Marginal note:Report of inquiry

• 43. (1) After an inquiry has been completed, the judge who conducted the inquiry shall submit a report of the conclusions of the inquiry to the Minister.

• Marginal note:Recommendations

  (2) Where an inquiry has been held and, in the opinion of the judge who conducted the inquiry, the member in respect of whom the inquiry was held

  • (a) has become incapacitated from the due execution of their office by reason of infirmity,

  • (b) is guilty of misconduct,

  • (c) has failed in the due execution of their office, or

  • (d) has been placed, by conduct or otherwise, in a position that is incompatible with the due execution of their office,

  the judge may, in the report of the inquiry, recommend that the member be suspended without pay or removed from office or may recommend that such remedial measure as the judge considers necessary be taken.

• Marginal note:Governor in Council may suspend or remove

  (3) Where the Minister receives a report under subsection (1), the Minister shall send a copy of the report to the Governor in Council, who may suspend the member to whom the report relates without pay, remove the member from office or take any remedial measure.

Marginal note:Rules

• 44. (1) The Board may make rules, not inconsistent with the regulations, governing the proceedings, practice and procedures of the Board.

• Marginal note:Quorum

  (2) A majority of permanent members in office constitutes a quorum for the purpose of making rules under subsection (1).

Marginal note:Regulations

45. The Governor in Council may make regulations for carrying the purposes and provisions of this Act into effect, including regulations

• (a) prescribing the procedure to be followed in respect of applications, appeals or other matters under this Act;

• (b) prescribing the information to be provided in connection with an application or appeal;

• (c) prescribing the information to be included in the Board’s decisions;

• (d) governing the giving of notice of the Board’s decisions; and

• (e) prescribing persons or organizations for the purposes of sections 30 and 37.

46. to 76. [Amendments]

77. to 104. [Amendments]

105. [Repeal]

Marginal note:Members of Veterans Appeal Board cease to hold office

• 106. (1) The Chairman, Deputy Chairman and other members of the Veterans Appeal Board cease to hold office on the day on which this section comes into force.

• Marginal note:Staff

  (2) Nothing in this Act shall be construed as affecting the status of an employee who, immediately before the coming into force of this section, occupies a position in the Veterans Appeal Board, except that the employee shall, on the coming into force of this section, occupy their position in the Veterans Review and Appeal Board under the authority of the Chairperson of that Board.

• Marginal note:Definition of “employee”

  (3) In this section, “employee” has the same meaning as in subsection 2(1) of the Public Service Employment Act.