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Code of Conduct for Review Tribunal Members
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Preamble
The Office of the Commissioner of Review Tribunals is an independent
administrative agency responsible for the administration of appeals
from decisions of the Minister of Social Development Canada pursuant
to section 82 of the Canada Pension Plan and section 28 of the
Old Age Security Act. Appeals are heard by Review Tribunals consisting
of three qualified members chosen from a panel of between 100
and 300 members appointed by the Governor-in-Council.
The Commissioner, Deputy Commissioner, and Panel Members are bound
by the Canada Pension Plan legislation and regulations, the Old
Age Security Act and regulations and, in carrying out their responsibilities,
they are guided by the policies, practice notes, and guidelines
issued by the Office of the Commissioner.
Mission Statement
Panel members and the Office of the Commissioner are committed,
in their Mission Statement:
"To ensure expert, independent, unbiased quality service
to all parties to an appeal to a Review Tribunal by treating all
parties to the appeal equally, fairly and with understanding,
respect and dignity."
Conflict of Interest Code
As full-time Governor-in-Council appointees, the Commissioner and
Deputy Commissioner are bound by the Conflict of Interest and Post-Employment
Code for Public Office Holders, while Panel Members, all of whom
are part-time Governor-in-Council appointees, are subject to the
Principles set out in Part 1 of the Conflict of Interest Code (Annex
A).
Guidelines for Professional Conduct
In addition to the Mission Statement and the Principles of the
Conflict of Interest Code, the Commissioner has established the
following guidelines for professional conduct of Panel Members:
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(1)
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Promotion of Integrity and Independence
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Members shall participate in establishing, maintaining, and
enforcing high standards of conduct and act to promote and
preserve the integrity and independence of Review Tribunals
and the Office of the Commissioner.
Members shall not use their position on the Panel or a Review
Tribunal to advance any personal or private interests.
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(2)
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Collegiality
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Members shall adopt a collegial approach in performing their
duties and responsibilities through the exchange of views,
information, and opinions in a spirit of respect for each
other's special skills and qualities.
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(3)
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Decision-Making
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Members shall render decisions in a timely, reasoned, and
appropriately documented manner, in compliance with the Canada
Pension Plan and Old Age Security Act, other applicable statutes,
the policies of the Office of the Commissioner, the Canadian
Charter of Rights and Freedoms, and consistent with the principles
of natural justice and the duty to act fairly.
Decisions shall be independent, impartial, and objective,
and made without regard to partisan or special interests,
or fear of criticism.
Members are reminded of their obligation to return to the
Commissioner all documents in their possession relating to
an appeal when a decision has been reached, pursuant to section
13 of the Review Tribunal Rules of Procedure.
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(4)
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Conduct during Proceedings
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In all proceedings, members shall conduct themselves in a
manner that is courteous, attentive, patient, fair, and respectful
to all participants, their language, customs, rights, opinions,
and beliefs, while ensuring that the proceedings are orderly,
efficient, and as informal as the circumstances permit.
Members shall require similar conduct of all others present
during the proceedings.
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(5)
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Bias
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During the course of a hearing, Review Tribunal members should
not talk, in private or public other than in the hearing room,
to any of the parties, counsel, witnesses or agents involved
in the hearing. All communications between these individuals
and Review Tribunal members should occur only in the presence
of all parties and their counsel.
It is not appropriate for Review Tribunal members to discuss
any aspect of a case with any of the hearing participants
at any time other than during a hearing.
While recognizing that there will be circumstances where
information or statements must be tested, members shall always
avoid:
- words, phrases, or actions that could be understood to
manifest bias or prejudice based on race, national or ethnic
origin, colour, religion, sex, sexual orientation, age,
mental or physical disability, or other personal abilities,
characteristics or beliefs;
- statements or questions that would be demeaning to any
person, or that would manifest bias or prejudice for or
against an individual or group.
All members, and particularly those with medical or legal
practice backgrounds, shall refrain from offering medical
diagnoses or legal advice to parties to an appeal.
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(6)
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Discussion of Cases
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To preserve the integrity of the decision-making process,
and out of respect for the duty to act fairly and the privacy
interests of those involved in any case, members shall not
disclose information about a case or discuss any matter that
may be or has been decided by them with any person, including
family members, relatives, friends, business associates, the
media, Members of Parliament or other political representatives,
except as required in the performance of, and in circumstances
appropriate to, the formal conduct of their duties.
Nor shall members receive or consider information about a
case that they must decide, except as provided by the Office
of the Commissioner and the parties pursuant to the Canada
Pension Plan and Old Age Security Act.
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(7)
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Contact with the Media or Government
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Review Tribunal Members shall not communicate with the media.
All inquiries from the media should be referred to the Commissioner
of Review Tribunals, who is the spokesperson and chief executive
officer responsible for the administration of appeals to Review
Tribunals.
Likewise, the Commissioner has overall responsibility for
relations with the government. All inquiries from Members
of Parliament, Ministers, and political staff on any matters
relating to the work of Review Tribunals should be referred
to the Commissioner.
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(8)
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Gifts and Benefits
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Notwithstanding Principle (6)
- Gifts and Benefits - of the Conflict of Interest Code,
members are advised that they must scrupulously guard against
creating even the perception of bias. Members are advised
not to accept any gifts, favours, or benefits, even those
of nominal value, from persons who have or may have official
dealings with a Review Tribunal.
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(9)
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Disqualification and Reporting
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Before accepting an appointment to a particular Review Tribunal,
members shall review their individual circumstances to ensure
that their participation does not raise a reasonable apprehension
of bias or conflict of interest based on the circumstances
of the case or with reference to any parties involved in the
proceedings. In the event of any actual or potential bias
or conflict of interest, a member shall decline the appointment.
If the member perceives that there may be an apprehension
of bias or conflict of interest after appointment but before
contact with other members of the Review Tribunal, the member
shall disqualify himself or herself immediately. The member
shall not communicate about the case directly with any member
or other person who may participate in the hearing. The member
shall immediately advise the Commissioner of the self-disqualification
and the reasons for that action.
If the member perceives that there may be an apprehension
of bias or conflict of interest after contact with other members
of the Review Tribunal or when a hearing is underway, the
member shall declare the bias or conflict to the participants,
and decide, after receiving submissions from the parties,
whether to continue on the case.
In case of doubt, the member should contact the Commissioner
of Review Tribunals at the earliest opportunity.
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(10)
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Post-Appointment
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Without limiting the generality of Principle
(10) - Post-Employment - of the Conflict of Interest Code,
a former Member shall not represent, provide expert evidence,
or otherwise act on behalf of a party to an appeal before
a Review Tribunal, or the Pension Appeals Board, for a period
of six (6) months following the expiry of his or her appointment
as a Panel Member.
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Implementation
Upon appointment, Panel members will file with the Office of the
Commissioner a Certificate of Familiarization and Compliance with
the Code of Conduct for Review Tribunals (Certificate of Compliance).
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