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Members ‘ Code of Conduct

Table of Contents

  1. Members’ Code of Conduct
  2. PURPOSE OF THE CODE
  3. Application of the Code
  4. General Principles
  5. Conflict of Interest and Bias
  6. Examples of possible biases include:
  7. Procedural Protocol for Determining Conflict of Interest and Bias Issues
  8. Conflict of Interest and Bias Issues Affecting Tribunal Chair
  9. Conduct of the Hearing
  10. Decision-Making Responsibilities
  11. Collegial Responsibilities
  12. Sitting as a Panel
  13. Responsibilities to the Tribunal Chair
  14. Responsibilities to the Tribunal
  15. Confidentiality
  16. Post-Term Responsibilities

Members’ Code of Conduct

PURPOSE OF THE CODE

  1. This Code of Conduct is adopted pursuant to clause 7(2)(c) of the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009. This Code, together with the Public Service of Ontario Act, 2006 and Ontario Regulation 381/07 made under that Act (“Conflict of Interest Regulation”), Management Board of Cabinet Directives and the common law, set out standards of conduct governing the professional and ethical responsibilities of Members of the Agriculture, Food and Rural Affairs Appeal Tribunal and the Board of Negotiation (“Tribunal”). This Code also sets out a procedural protocol for addressing conflicts of interest or other issues that may arise under the Public Service of Ontario Act, 2006 or the Conflict of Interest Regulation and bias issues that may arise with respect to a particular proceeding. This Code covers areas of Member responsibility – the conduct of hearings and decision-making – as well as the institutional responsibilities of Members to their colleagues, the Tribunal Chair, and the Tribunal itself.
  2. This Code is not intended to conflict with any legal or professional obligations, or with the ethical standards set out in the Public Service of Ontario Act, 2006 or the Conflict of Interest Regulation, other applicable law or Management Board of Cabinet Directives. Where a provision of this Code is inconsistent with a provision of the Public Service of Ontario Act, 2006, the Conflict of Interest Regulation, other applicable law or a Management Board of Cabinet Directive, the Public Service of Ontario Act, 2006, the Conflict of Interest Regulation, other applicable law, or Management Board of Cabinet Directive shall prevail.
  3. A provision of the Code is inconsistent with a provision of the Public Service of Ontario Act, 2006, the Conflict of Interest Regulation, other applicable law, or a Management Board of Cabinet Directive where a provision of the Code establishes a degree of ethical conduct that is lower than is established by the Public Service of Ontario Act, 2006, the Conflict of Interest Regulation, other applicable law, or Management Board of Cabinet Directive. An inconsistency does not arise where a provision in this Code exceeds the degree of ethical conduct established by the Public Service of Ontario Act, 2006, the Conflict of Interest Regulation, other applicable law or Management Board of Cabinet Directive.

This Code is organized in numbered paragraphs together with unnumbered, italicized explanatory notes. The numbered paragraphs form the binding portion of this Code; while the explanatory notes provide interpretive guidance.

  1. The Code recognizes the fundamental and overriding responsibility of Tribunal Members to maintain and enhance the integrity, competence and effectiveness of the Tribunal. The Code is intended to assist Members by establishing appropriate standards of conduct in typical administrative justice situations. However, the Code cannot anticipate all possible circumstances. Members are responsible for conducting themselves in an ethical and professional manner.

Application of the Code

  1. The Code applies to all Members of the Tribunal: the Tribunal Chair, Vice-Chairs and Members. For simplicity, the term "Member" is used to include all Members unless otherwise specifically differentiated. Where certain responsibilities of the Tribunal Chair have been delegated to another Member, the terms “Tribunal Chair” or “Chair” should be taken to include such delegation.
  2. The Code governs the conduct of Members from the commencement of their term of appointment and includes continuing responsibilities after completion of their original term and any renewals.
  3. The Code may be amended from time to time and is subject to review every three years pursuant to sections 9 and 10 of the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009.

General Principles

  1. Members have an obligation to comply with the duty of procedural fairness and natural justice requirements and to act impartially in the conduct of proceedings.
  2. Members shall conduct themselves so that public confidence in the independence, integrity, objectivity and impartiality of the Tribunal is maintained and enhanced.
  3. Members should commit the time and effort required for the work of the Tribunal.
  4. Members should maintain the high level of professional competence and knowledge necessary to discharge their obligations and duties.
  5. Members should act with honesty, integrity and high ethical standards.
  6. Members should remain current by participating in Tribunal discussions and ongoing professional development.
  7. Members shall act in accordance with all applicable laws.
  8. Members shall not commit or condone an unethical or illegal act or invoke another to do so.
  9. Members shall be familiar with the legislation and common law, policies, rules and Management Board of Cabinet Directives that apply to their work.
  10. Any conflict between the private interests of a Member and his or her official duties and responsibilities shall be resolved in favour of the public interest.
  11. To minimize non-compliance with this Code, members are required on appointment to complete the undertaking attached as Appendix A.

Conflict of Interest and Bias

Conflict of Interest

  1. A conflict of interest is any interest, relationship, association or activity that may be incompatible with the Member’s obligations to the Tribunal. A conflict of interest arises when a Member's private or personal interest may take precedence over or compete with his or her responsibilities as an appointee. A conflict of interest may be real, perceived or potential. A conflict of interest may be pecuniary and/or non-pecuniary.

A pecuniary conflict of interest exists where a Member has a financial interest that may be affected by the resolution or treatment of a matter before the Tribunal. The financial interest may be that of the Member, or of a family member or other person with whom the Member has a close personal or professional relationship.

A non-pecuniary conflict of interest arises where a Member has an association, relationship or non-financial interest or activity that is incompatible with the responsibilities of an impartial decision-maker. The relationships, interests or activities of a close family member or close associate may raise a potential conflict if they will be affected by the Tribunal’s determinations.

Conflict of interest is further defined by the Conflict of Interest Regulation which addresses aspects of conflict of interest including benefiting one’s self, spouse or child, accepting gifts, disclosing confidential information, and giving preferential treatment. In addition, the Public Service of Ontario Act, 2006 provides rules that restrict political activity and addresses post service obligations.

For the purposes of this Code, “conflict of interest” refers to those matters governed by the Public Service of Ontario Act, 2006 and the Conflict of Interest Regulation. Matters governed by the Public Service of Ontario Act, 2006 and the Conflict of Interest Regulation are to be decided by the Ethics Executive. Where a member has personal or pecuniary interests that could raise an issue under the Conflict of Interest Regulation, the Ethics Executive must be informed. The Ethics Executive for a Member is the Chair and the Ethics Executive for the Chair is the Conflict of Interest Commissioner.

Bias

  1. Bias is an alleged lack of neutrality or impartiality on the part of a decision-maker regarding an issue to be decided.

A biased decision-maker includes one who is predisposed to decide a case on the basis of considerations extraneous to the evidence or the applicable law, policy or argument made in the case. Bias is a common law concept that is generally considered by tribunals and courts based on the test described as a reasonable apprehension of bias, however, nuances to that test may apply depending upon the nature of an alleged bias.

Examples of possible biases include:

  • a relational bias, which may exist where there is an actual bias or an apprehension of bias where there is a previous or existing relationship between a Member and someone involved in a proceeding. The bias could be either in favour or against that person. A relational bias can occur if a Member treats counsel for one of the parties with excessive familiarity; or if a Member of a panel is a director of a firm that is a competitor to an applicant.
  • an informational apprehension of bias, which can occur when a Member demonstrates possession of information gained through prior involvement with a person or an issue and that information is relevant to the proceeding. For example, if a Member sits on a panel to hear a crop insurance dispute after having learned details of an appellant's case at an industry meeting.
  • an attitudinal bias or apprehension of bias, which may arise in situations where a Member has expressed a general view about legislation, a policy, a party, a position or an issue relevant to the proceeding before the Member.

Other kinds of bias arguments can also be made by parties, such as personal biases and institutional biases.

For the purposes of this Code, “bias issues” or issues that may raise “a reasonable apprehension of bias” refer to those issues that are specific to a proceeding and that are governed by the common law. Bias issues can be raised by a Member or by the parties. Bias issues that arise during the course of a proceeding are decided upon by the presiding panel or Member.

  1. Members should not adjudicate in a proceeding where they have a conflict of interest under the Public Service of Ontario Act, 2006 or the Conflict of Interest Regulation that relates to the matter or where their participation would give rise to a reasonable apprehension of bias.
  2. Members should be cognizant of relationships and activities outside of the Tribunal and have regard to the importance of impartiality and independence, and the appearance of impartiality and independence, and avoid situations that may give rise to conflicts of interest or allegations of an apprehension of bias.

Examples of situations that could raise a conflict of interest issue under the Public Service of Ontario Act, 2006 or the Conflict of Interest Regulation, or that could give rise to a reasonable apprehension of bias, or both, include:

  • where the Member, or a close family member or associate, has a significant financial interest in a matter before the Tribunal;
  • where the Member has a personal interest in a matter before the Tribunal or a close personal relationship with one of the parties or a representative. For example, hearing a neighbour’s appeal or hearing an appeal where the representative is the Member’s relative;
  • where the Member was formerly in a significant professional relationship with a party or representative until a significant amount of time has elapsed since the termination of the relationship. For example: employment, solicitor/client and partnership/association relationships;
  • where the Member, or a close family member or associate, has had any prior involvement in a matter before the Tribunal;
  • where the Member has a significant personal interest in the outcome in the proceeding;
  • accepting public speaking engagements or planning on publishing books, papers, etc. regarding a matter that could come before the Tribunal;
  • serving as directors or officers on any group that has a significant interest in any matter that may come before the Tribunal;
  • acting as consultants, agents or representatives in cases before the Tribunal or the Board of Negotiation or the Drainage Referee or any Director, Commission or board whose decisions may be appealed to the Tribunal, or in connection with any matter relating to the Tribunal’s work;
  • acting as expert witnesses for a party that is before the Tribunal;
  • accepting money, awards or gifts which could be seen to be connected to their adjudicative responsibilities; and
  • where a Member knowingly permits their names to be publicly associated with any point of view on any matters that may come before the Tribunal.

Members may accept an honorarium as an expression of courtesy for a speaking or teaching engagement related to their position on the Tribunal; however the Chair must be advised of this within 30 days of the offer or receipt of the honorarium. Any other gifts should either be returned or the matter referred to the Tribunal Chair. The Tribunal Chair may require a gift to be held by the Tribunal or given to charity or be subject to such other action as the Chair may determine. See the Conflict of Interest Regulation, subsection 4(1) for further rules regarding gifts.

  1. Members shall refrain from making public comments regarding matters that could come before the Tribunal.
  2. Members shall refrain from interpreting rules and decisions outside of the context of a hearing.

Members may provide information to the public about the Tribunal’s practices and procedures and where to access previous Tribunal decisions.

Procedural Protocol for Determining Conflict of Interest and Bias Issues

A bias issue may arise, either through disclosure by a Member or by a party’s allegations, which could also raise issues under the Public Service of Ontario Act, 2006 and/or the Conflict of Interest Regulation. Similarly, a conflict of interest or other issue under the Public Service of Ontario Act, 2006 or the Conflict of Interest Regulation may, but need not necessarily, create issues under the common law of bias with respect to a proceeding.

Bias issues are determined by a presiding member or panel at a hearing, while the Chair, as Ethics Executive for members under the Public Service of Ontario Act, 2006, makes determinations regarding the Public Service of Ontario Act, 2006 and the Conflict of Interest Regulation.

Members should disclose a potential bias issue to the Chair or the parties, as appropriate, disclose a possible violation of the Public Service of Ontario Act, 2006 and the Conflict of Interest Regulation to the Chair, recuse themselves from a matter if appropriate to do so, and/or refrain from participating in Tribunal discussions with respect to a matter if appropriate to do so, as per the conflict of interest and bias procedure outlined in this Code and, for Public Service of Ontario Act, 2006 and Conflict of Interest Regulation issues, considering any determinations by the Ethics Executive, and, for bias issues, considering the duty of procedural fairness and the need for parties to receive a fair hearing.

  1. It is the responsibility of each Member to consider and inquire into any circumstance which could suggest a conflict of interest or reasonable apprehension of bias. The Member may at first be the only person in a position to recognize this. As soon as such a possibility is identified, the Member should take appropriate steps as outlined below.
  2. A Member shall immediately inform the Chair of any basis on which an allegation of bias or conflict of interest might be raised with respect to any activity, interest or relationship of the Member.
  3. Associations and activities that could be perceived to relate to matters that may come before the Tribunal must be disclosed to the Chair.
  4. Where a Member has a personal or direct pecuniary interest in respect of a matter before the Tribunal that could raise a conflict of interest or bias concern, the Member shall raise the matter with the Tribunal Chair at the earliest opportunity.
  5. When a Member becomes aware of conduct of a colleague that may threaten the integrity of the Tribunal or its processes, it is the duty of the Member to advise the Chair of the circumstances as soon as practicable.
  6. Where a Member becomes aware, before a hearing to which they have been appointed to hear, of circumstances that could suggest a conflict of interest or other issue under the Public Service of Ontario Act, 2006 and/or the Conflict of Interest Regulation or a reasonable apprehension of bias, the Tribunal Chair shall be informed. The Chair, in consultation with the Member, will decide whether it is necessary to appoint a replacement Member. If the Chair determines that the circumstances are insignificant, the Member may continue with the hearing as usual. The Member or the panel, if the Member is on a panel, may decide that a bias issue should be placed before the parties for submissions at the commencement of the hearing.
  7. Once the adjudicative process has begun, the Member, or the panel, where more than one Member has been assigned to a matter, is responsible for determining issues regarding reasonable apprehension of bias. However, given that allegations of bias affect the credibility and integrity of the Tribunal as a whole the Tribunal Chair shall be informed of the nature of any allegations.
  8. Once the adjudicative process has begun, where a bias issue arises, and that bias issue also could raise an issue under the Public Service of Ontario Act, 2006 and/or the Conflict of Interest Regulation, the Chair must be informed so that a determination under the Public Service of Ontario Act, 2006 can be made, if necessary, following a reasonable period of time after the conclusion of the matter.

As bias issues that arise during the course of a hearing must be decided upon by the Member or panel, the Chair should not direct a Member or panel on how to decide a bias issue.

  1. Circumstances that become known after the adjudicative process has begun which may raise a reasonable apprehension of bias should be disclosed to parties and representatives. A Member or Panel may wish to consult legal counsel before making this determination.
  2. Where an allegation of bias is raised by a party or disclosed by a Member during a hearing, Members may:
  • resign from the proceeding if this is considered appropriate, given the nature and circumstances of the alleged bias; or
  • hear or arrange for submissions from the parties.
  1. If the Panel decides on a balance of probabilities that there is not a reasonable apprehension of bias, considering any nuances to the “reasonable apprehension” test that may apply, the hearing will generally continue in the ordinary course. Notwithstanding the Panel’s decision, if the Member remains personally satisfied that there is in fact a significant doubt as to his or her ability to be impartial in the case, the Member may still recuse himself or herself.
  2. Where a party has made submissions on bias, the written decision should deal with the allegations of bias, especially if the submissions have been rejected.
  3. Where a Member has a potential conflict of interest or other issue under the Public Service of Ontario Act, 2006 and/or the Conflict of Interest Regulation or where a Member has a bias issue in respect of a matter before the Tribunal, the Member will not participate in any discussion of the matter at Tribunal meetings until the Tribunal Chair has been advised of the circumstances. If the Member becomes aware of a potential conflict or bias issue during a Tribunal meeting, he or she must leave for that portion of the meeting. If there are minutes, the Member should ask that the absence be noted in the minutes and any discussion of the issue be deleted from the Member’s Copy.

Conflict of Interest and Bias Issues Affecting Tribunal Chair

  1. Where the Tribunal Chair becomes aware of a possible conflict of interest or of facts which may give rise to a reasonable apprehension of bias with respect to a matter that he or she is adjudicating, the procedural protocol will be followed with appropriate adjustments.

Conflict of interest or other issues under the Public Service of Ontario Act, 2006 or the Conflict of Interest Regulation must be reported to the Conflict of Interest Commissioner. Where the Chair is adjudicating a matter, or is sitting on a panel of adjudicators, the Chair or panel, respectively, must make the decision regarding a reasonable apprehension of bias.

  1. Where the Tribunal Chair determines that he or she has a possible conflict of interest or a bias issue in respect of a matter before the Tribunal, the Chair will instruct Tribunal staff that all communications regarding the matter are to be filed in a file marked “No Access to Tribunal Chair”.
  2. The Chair shall appoint a Vice-Chair to perform the duties of the Chair with respect to the matter.

The appointment of a Vice-Chair could be for the purposes of communications and assigning Members to conduct the proceeding, among other things.

Conduct of the Hearing

  1. Members shall approach every hearing with an open mind with respect to every issue, and shall avoid doing or saying anything that could cause any person to think otherwise.
  2. Members shall prepare for a proceeding and ensure that proceedings are conducted in an orderly manner.
  3. Members shall listen carefully to the views and submissions of the parties and their representatives.
  4. Members shall show respect for the parties, representatives and witnesses, and the hearing process itself, through their demeanor, punctuality, dress and conduct.
  5. Members must be sensitive to issues of gender, ability, race, sexual orientation, language, culture and religion which may affect the conduct of a hearing.

Members should be aware that these issues may affect the usual course of receiving the evidence of witnesses, scheduling, and expectations as to attire, among other things. When considering the demeanour of a witness, the Member should recognize that they may not be familiar with any cultural or other norms that may affect the manner of the witness or the giving of evidence by the witness. Members should be cognizant of the law and applicable policy regarding human rights, accessibility for people with disabilities, and language services.

  1. Members shall endeavor to conduct hearings expeditiously by preventing unnecessary delay while ensuring that all parties have a fair opportunity to present their case.

For example, Members may limit repetitive or irrelevant questions. Questions from Members may be necessary to clarify evidence or submissions or to ensure their relevance.

  1. Members shall attempt to ensure that unrepresented parties are not unduly disadvantaged at the hearing.

For example, it is appropriate to explain the hearing procedure or what is relevant to the issue in dispute to a party who is not represented by counsel or an agent. It is also appropriate to ask questions which may assist the panel in obtaining the necessary facts in order to make a decision.

  1. Members who are aware of information that may be relevant to a proceeding must first share such information with their colleagues so that a Panel decision may be made as to the relevancy of the information. The duty of procedural fairness must be considered when deciding on the need to share such information with the parties.
  2. Members shall not communicate directly or indirectly with any party, witness or representative in respect of a proceeding, except in the presence of all parties or, when a party is represented, with their representative. Correspondence and telephone calls should be referred to the Tribunal Office.

This standard does not prevent a Member from showing courtesy when they encounter parties, witness or representatives, provided that any such communication preserves the standards set out in this Code.

  1. Members shall not, in the course of a hearing, have meals or other significant social interaction with a party, representative or witness.
  2. Members should apply current Tribunal procedures and practices at a hearing unless the circumstances in a particular case justify some variation.

Decision-Making Responsibilities

  1. Members shall make each decision on the merits of the case, based on the law, the evidence and arguments before them.
  2. Members shall apply the law to the evidence in good faith and to the best of their ability. The prospect of disapproval from any person, institution, or community must not deter Members from making the decision which they believe is correct based on the law and the evidence. Members must be prepared to go where the evidence and law fairly take them.
  3. Members are responsible for ensuring that decisions are rendered in a timely fashion. The Tribunal service standard is to release decisions within 30 days of the last day of the hearing.
  4. Members shall not communicate with the media about Tribunal decisions. If a Member is contacted by the media, the Member shall direct them to the Tribunal office.

All media inquiries regarding the Tribunal shall be made in writing and submitted by e-mail to the Tribunal office. Media inquiries are addressed pursuant to the Communications and Media Protocol, which is Appendix 2 to the current Memorandum of Understanding between the Chair and the Minister.

Collegial Responsibilities

  1. Members shall, through their conduct, endeavour to promote Tribunal collegiality.
  2. Members will make themselves available on a timely basis for consultation or caucuses.
  3. Members will conduct themselves in a manner which demonstrates respect for the views and opinions of colleagues.
  4. Members will not comment publicly on a decision of a colleague, or on the manner in which other Members have conducted themselves during hearings.

Sitting as a Panel

  1. When sitting as a Panel, Members should ensure a general understanding about matters such as dealing with objections and questions to witnesses.
  2. When the Chair or Vice Chair becomes aware of a difference of opinion on an issue affecting the conduct of the hearing, the Chair/Vice Chair should call a recess to allow the Panel to discuss the issue and reach a decision on how to proceed.
  3. All Members of a Panel must make themselves available on a timely basis for discussions. Comments on draft decisions should be provided at the earliest opportunity and, in any event, no later than one week from receipt of the draft.
  4. A Member should carefully consider other Member’s reasons when there is a difference in proposed determinations. However, a Member should not abandon strongly held views on an issue of substance, either for the sake of Panel unanimity or in exchange for agreement on any other point.
  5. Where a Member is unable after discussion and careful consideration to agree with the proposed decision of a majority of the Panel, a reasoned dissent should be prepared in a timely fashion.

Responsibilities to the Tribunal Chair

  1. Members are responsible to the Tribunal Chair for compliance with this Code. Aside from bias issues decided in the course of a hearing, the interpretation and enforcement of the Code, along with issues under the Public Service of Ontario Act, 2006 and the Conflict of Interest Regulation, are within the Tribunal Chair’s authority.

The Chair is the Ethics Executive for Members under the Public Service of Ontario Act, 2006 and makes determinations regarding issues that arise under the Public Service of Ontario Act, 2006 and the Conflict of Interest Regulation. In some cases, the Chair may refer a matter to the Conflict of Interest Commissioner. Pursuant to the Public Service of Ontario Act, 2006, the Ethics Executive for Chair is the Conflict of Interest Commissioner.

  1. Members will make themselves available to meet with the Tribunal Chair on a timely basis when requested to do so.

Responsibilities to the Tribunal

  1. Members will make every effort to comply with the Tribunal’s policies, procedures and standards. This includes rules regarding permissible expenditures, documentation of expenses, travel and accommodation, as well as applying procedural rules and practice directions unless particular circumstances warrant a variation.
  2. Where a Member questions the appropriateness of any policy, procedure or standard, the Member should raise that issue with colleagues and the Tribunal Chair in the appropriate forum (i.e. Tribunal meeting or discussion with Chair).
  3. Members shall not publicly criticize the decisions, procedures, policies, rules or structures of the Tribunal.
  4. Members will make themselves reasonably available to participate in non-hearing related functions and activities, such as training new members, participating in committees, and developing Tribunal procedures and policies.
  5. Members shall ensure that government property is used only for officially approved activities.

For example, Tribunal letterhead should be used for Tribunal-related matters only.

  1. Members shall not engage in conduct that exploits their position as Members.
  2. A Member who engages in another profession, occupation or business shall not allow those activities to undermine the discharge of adjudicative responsibilities, and shall arrange their professional employment or business affairs so as to minimize the likelihood of conflicts.

Confidentiality

  1. Members should consider the privacy interests of individuals in the conduct of hearings and decisions, and act in accordance with applicable laws and the Tribunal’s Rules of Procedure.

Hearings are open to public unless the Tribunal makes an order pursuant to section 9 of the Statutory Powers Procedure Act and the Tribunal’s Rules of Procedure to close a proceeding or part of a proceeding or to seal a document. As such, absent a confidentiality order being made, individuals generally do not have privacy rights regarding their participation at a hearing.

  1. Members must not disclose information that the Tribunal considers to be confidential unless authorized or ordered to do so by law.

The Conflict of Interest regulation defines “confidential information” as meaning information that is not available to the public and that, if disclosed, could result in harm to the Crown or could give the person to whom it is disclosed an advantage. The Conflict of Interest Regulation prohibits disclosing confidential information obtained during the course of employment by the Crown to a person or entity unless the public servant is authorized to do so by law or by the Crown. Generally, information such as testimony or documents provided at a hearing is not confidential unless an order to close the proceeding or to seal a document is made. Panel deliberations and drafts of Tribunal documents would be considered confidential by the Tribunal. Draft decisions are protected by law and should not be disclosed.

  1. Members must not take advantage of confidential information obtained through official duties.

The Conflict of Interest Regulation prohibits members from using confidential information in a business or undertaking outside of their work for the Crown, and also prohibits Members from accepting gifts directly or indirectly in exchange for disclosing confidential information obtained in the course of his or her appointment.

Post-Term Responsibilities

  1. A Member is prohibited from appearing before the Tribunal as a representative, expert witness or consultant until six months after ceasing to be a Member or six months after the release of any outstanding decisions, whichever is later. The Tribunal Chair may vary these restrictions in appropriate circumstances.
  2. After ceasing to be a Member of the Tribunal, a former Member must not provide services to any person or outside entity as an employee, contractor, consultant or appointee, for a period of twelve months if:
  • i)    The former Member had substantial involvement with that outside entity in the course of his or her appointment; and/or
  • ii)   The former Member had, or had access to, confidential information (in the course of his or her appointment) that, if disclosed to that outside entity, could result in loss or damage to the government or could give the outside entity an unfair advantage.
  1. Notwithstanding section 78, a former Member shall not advise or otherwise assist any other person or entity in connection with a particular proceeding or negotiation in which the former Member was involved during his or her appointment.
  2. Former Members continue to be bound by their obligations of confidentiality regarding any matter arising while they were Members.
  3. For greater certainty, a Member who, having ceased to be a member of the Tribunal, continues on a per diem basis in respect of certain ongoing proceedings, shall continue to be bound by the Code as it relates to those proceedings.

A Member whose term expires during an ongoing proceeding remains seized of the matter and their term is deemed to continue until a decision is made as per section 4.3 of the Statutory Powers Procedure Act.

  1. A former Member shall not take improper advantage of past office after ceasing to be a Member.

 

Appendix A

Undertaking of Tribunal Member

I, __________________________________ acknowledge that I have read the Tribunal’s

Code of Conduct, and I am aware of my obligations under the Public Service of Ontario

Act, 2006.

_____________________________                          _______________________

Signature of Tribunal Member                                   Date