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Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009

ONTARIO REGULATION 88/11

Appointment to Adjudicative Tribunals

Consolidation Period: From July 5, 2017 to the e-Laws currency date.

Last amendment: 270/17.

Legislative History: 270/17.

This is the English version of a bilingual regulation.

Public information about recruitment process

1. (1) This section applies with respect to the requirement under subsection 14 (3) of the Act to make information public about the recruitment process for selecting persons to be appointed to an adjudicative tribunal.  O. Reg. 88/11, s. 1 (1).

(2) The information specified by subsection 14 (3) of the Act must be made available to the public on a government website for at least 10 days before the closing date of the competition for the appointment, excluding Saturdays, Sundays and holidays.  O. Reg. 88/11, s. 1 (2).

(3) If the requirement under subsection 14 (1) of the Act to use a competitive, merit-based process for selecting a member of an adjudicative tribunal is waived under section 2 of this Regulation, the requirement under subsection 14 (3) of the Act to make information public about the recruitment process for that appointment is also waived.  O. Reg. 88/11, s. 1 (3).

Waiver of competitive, merit-based selection process

2. (1) The requirement in subsection 14 (1) of the Act to use a competitive, merit-based process for selecting a member of an adjudicative tribunal is waived in the following circumstances:

1. If a member of the tribunal is being reappointed.

2. If a former member of the tribunal is being reappointed, but only if his or her prior appointment expired within 90 days of the date of the reappointment.

3. If a member of one adjudicative tribunal is being appointed to another tribunal.

4. If the person being appointed to the tribunal was a candidate for appointment to an adjudicative tribunal within 12 months before the date of the intended appointment and,

i. the selection process for the appointment to the tribunal was a competitive, merit-based process, and

ii. although the person was not appointed to the tribunal, it was determined that the person was qualified for such an appointment.

5. If the person being appointed must, under an Act, be nominated or selected by a person or entity other than the Lieutenant Governor in Council or a minister.

6. If the person being appointed must, under an Act, be nominated or selected jointly by a person or entity representing one or more employers (including the Crown as an employer) and by a trade union or other collective bargaining agent representing employees.

7. If the appointment is needed to ensure that the tribunal has the quorum or minimum number of members specified under an Act.  O. Reg. 88/11, s. 2 (1).

(2) The requirement in subsection 14 (1) of the Act to use a competitive, merit-based process for selecting a member of an adjudicative tribunal may be waived in the following circumstances, if the person or entity authorized to appoint the member considers it appropriate to do so:

1. If the tribunal is the successor of another adjudicative tribunal that has been restructured or discontinued and if the person being appointed to the successor tribunal was a member of the predecessor tribunal when it was restructured or discontinued.

2. If the appointment is being made to fill an unanticipated vacancy on the tribunal.  O. Reg. 88/11, s. 2 (2).

(3) If the requirement to use a competitive, merit-based process is waived under subsection (2) with respect to the appointment of a member of an adjudicative tribunal, notice of the use of the waiver must be included in the next annual report of the adjudicative tribunal.  O. Reg. 88/11, s. 2 (3).

Waiver of chair’s recommendation, etc.

3. The prohibition in subsection 14 (4) of the Act against the appointment or reappointment of a member of an adjudicative tribunal without the recommendation of the chair of the tribunal is waived with respect to the appointment or reappointment of a person as chair of the adjudicative tribunal.  O. Reg. 88/11, s. 3.

4. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 88/11, s. 4.

 

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