National Energy Board Act

Marginal note:Incapacity of single member

• 16 (1) Where a member who is conducting a hearing pursuant to a delegation under section 14 or an authorization under section 15 becomes incapacitated or dies during the hearing or after the conclusion of the hearing but before giving a decision or report, the Board, with the consent of all the parties to the hearing, may

  • (a) delegate or authorize another member to continue the hearing and make a decision or report with respect thereto, if the incapacity or death occurs during the hearing; or

  • (b) delegate or authorize another member to examine all the evidence presented at the hearing and make a decision or report based on the evidence, if the incapacity or death occurs after the conclusion of the hearing but before a decision or report is given with respect thereto.

• Marginal note:Incapacity of member of quorum

  (2) Where a hearing is being conducted by three members and one member becomes incapacitated or dies during the hearing or after the conclusion thereof but before a decision is given,

  • (a) the Board may appoint and authorize another member to replace the incapacitated or deceased member for the rest of the hearing and to participate in the decision, if the incapacity or death occurs during the hearing; or

  • (b) if the incapacity or death occurs after the conclusion of the hearing but before a decision is given, the remaining members may, if unanimous, give a decision as if the incapacitated or deceased member were present and participating in the decision.

• Marginal note:Member ceasing to hold office

  (3) A person who resigns or otherwise ceases to hold office as a member may, where authorized to do so by the Governor in Council and on such terms and conditions as the Governor in Council prescribes, continue to inquire into, hear and determine any proceeding to which that person was assigned while that person was a member and the person shall for that purpose be deemed to continue to be a member.