PART 7
APPEALS
46. Appeal Committee
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(1) Notwithstanding sections 21 and 22, there shall be an Appeal Committee appointed by the Governor General consisting of three persons as follows—
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(a) two persons with background in health, education, community development and social services; and
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(b) an attorney-at-law.
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(2) A person shall not be appointed to the Appeal Committee if he or she—
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(a) is a member of Parliament;
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(b) has at any time during one year preceding his or her appointment, been a public servant;
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(c) is, at the time of such appointment, declared by a court to be—
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(i) a bankrupt,
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(ii) mentally incapacitated by reason of unsoundness of mind;
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(d) has been convicted of an offence involving dishonesty or an offence under this Act; or
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(e) is a member, officer, trustee or director of a registered Non-Governmental Organization.
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(3) The Appeal Committee shall choose from among its members a Chairperson and a Vice-Chairperson.
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(4) The Chairperson shall supervise and direct the work of the Appeal Committee and preside at its meetings.
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(5) The Vice-Chairperson shall act if the Chairperson is absent, incapacitated or for any reason is unable to perform his or her duties.
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(6) Each member shall be appointed for a term of not more than 3 years but may be removed by the Governor General for cause.
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(7) The Governor General may appoint a person to be an alternate member for any member, other than the Chairperson and the alternate member may act temporarily in the absence of that member.
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(8) An alternate member shall hold office only for the unexpired portion of the term of the former member.
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(9) If a vacancy occurs in the membership, the Governor General shall appoint a person to fill the vacancy in accordance with subsection (1).
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(10) The Appeal Committee shall hear applications made under this Act appealing against decisions of the Council and may regulate its own procedure.
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(11) Subject to judicial review, the decision of the Appeal Committee shall be final and binding.
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(12) In this section—
“Chairperson” means the Chairperson of the Appeal Committee;
“member” means a member of the Appeal Committee;
“Vice-Chairperson” means the Vice-Chairperson of the Appeal Committee.