29.1 (1) If, after a panel of the Hearings Tribunal begins holding a hearing respecting a matter but before it reaches a decision on all the issues before it, the presiding officer or deputy presiding officer dies or becomes incapacitated, another panel of the Tribunal shall decide whether,
(a) the hearing should continue but with the member who died or became incapacitated having been replaced by a presiding officer or deputy presiding officer; or
(b) a new hearing should be held before another
Same
(2) If, after a panel of the Hearings Tribunal begins holding a hearing respecting a matter and before it reaches a decision on all the issues before it, a member who is a representative of employers or employees dies or becomes incapacitated, another panel of the Tribunal shall decide whether,
(a) the hearing should continue but with the member who died or became incapacitated having been replaced by another representative of employers or employees, as the case may be;
(b) the hearing should continue but with the members who are representative of employers and employees having been replaced by other representatives of employers and employees;
(c) the hearing should continue without representatives of either employers or employees; or
(d) a new hearing should be held before another
Panels
(3) If it is decided that there should be a new hearing before another panel, that panel may include a member of the panel one of whose members died or became
Severable matters
(4) A panel that decides that there should be a new hearing under clause (1) (b) or (2) (d) may, if the previous panel had reached a decision respecting some of the issues before it, direct that any decision respecting those issues stands and that the new panel should consider only the issues that remain outstanding.
Hearing
(5) Before making a decision under subsection (1) or (2), the panel shall hold a
One-person quorum
(6) If it is decided that a hearing should continue under clause (2) (c), the presiding officer or deputy presiding officer, as the case may be, shall constitute a quorum and shall resume the hearing without the other member.
New panel
(7) If a new hearing is held under this section, subsections 29 (4) and (5) apply, with necessary modifications. 1993, c. 4, s. 18.
