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Veterans Review and Appeal Board Act

Version of section 42 from 2002-12-31 to 2003-07-01:


Marginal note:Inquiries

  •  (1) The Chairperson may recommend to the Minister that an inquiry be held to determine whether a member should be subject to disciplinary or remedial measures for any reason set out in any of paragraphs 43(2)(a) to (d).

  • Marginal note:Judge to conduct inquiry

    (2) Where the Minister considers it appropriate that an inquiry be held, a judge, supernumerary judge or former judge of the Federal Court, in this section and section 43 referred to as a “judge”, shall conduct the inquiry.

  • Marginal note:Powers

    (3) A judge conducting an inquiry has all the powers, rights and privileges that are vested in a superior court and, without restricting the generality of the foregoing, has the power

    • (a) to issue to any person a summons requiring them to appear at the time and place mentioned in the summons to testify with respect to all matters within their knowledge relative to the inquiry and to bring and produce any thing that they have or control relative to the inquiry; and

    • (b) to administer oaths and examine any person on oath.

  • Marginal note:Inquiry public

    (4) Subject to subsections (5) and (6), an inquiry shall be conducted in public.

  • Marginal note:Confidentiality

    (5) A judge conducting an inquiry may, on application, take any measures or make any order that the judge considers necessary to ensure the confidentiality of the inquiry if the judge is satisfied that financial or personal or other matters may be disclosed and are of such a nature that the desirability of avoiding public disclosure of those matters in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that the inquiry be conducted in public.

  • Marginal note:Confidentiality

    (6) Where the judge considers it appropriate to do so, the judge may take any measures or make any order that the judge considers necessary to ensure the confidentiality of any hearing held in respect of an application referred to in subsection (5).

  • Marginal note:Rules of evidence

    (7) A judge conducting an inquiry is not bound by any legal or technical rules of evidence and, in any proceedings of the inquiry, the judge may receive and base a decision on evidence adduced in the proceedings and considered credible or trustworthy in the circumstances of the case.

  • Marginal note:Right to be heard

    (8) Every member in respect of whom an inquiry is held shall be given reasonable notice of the subject-matter of the inquiry and of the time and place of any hearing and shall be given an opportunity, in person or by counsel, to be heard at the hearing, to cross-examine witnesses and to adduce evidence.

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