C-26 - Professional Code

Full text
163. The hearing of the appeal on the merits shall be conducted before three judges of the tribunal. For all other matters, the tribunal shall consist of the chair or the judge designated by the chair. However, the judge hearing an application may refer it to a panel of three judges, except in the case of an application made under the second paragraph of section 171 or pursuant to the second paragraph of section 172.
Where the tribunal consists of a panel of three judges and one of their number ceases to act, whatever the cause, the hearing may be continued and a decision may be made by the two remaining judges.
1973, c. 43, s. 159; 1974, c. 65, s. 26; 1975, c. 80, s. 22; 1977, c. 66, s. 11; 1988, c. 29, s. 44; 1994, c. 40, s. 142; 2000, c. 13, s. 32; 2008, c. 11, s. 213; I.N. 2016-01-01 (NCCP).
163. The hearing of the appeal on the merits shall be conducted before three judges of the tribunal. For all other matters, the tribunal shall consist of the chair or the judge designated by the chair. However, the judge hearing a motion may refer it to a panel of three judges, except in the case of a motion made under the second paragraph of section 171 or pursuant to the second paragraph of section 172.
Where the tribunal consists of a panel of three judges and one of their number ceases to act, whatever the cause, the hearing may be continued and a decision may be made by the two remaining judges.
1973, c. 43, s. 159; 1974, c. 65, s. 26; 1975, c. 80, s. 22; 1977, c. 66, s. 11; 1988, c. 29, s. 44; 1994, c. 40, s. 142; 2000, c. 13, s. 32; 2008, c. 11, s. 213.
163. The hearing of the appeal on the merits shall be conducted before three judges of the tribunal. For all other matters, the tribunal shall consist of the chairman or the judge designated by the chairman. However, the judge hearing a motion may refer it to a panel of three judges, except in the case of a motion made under the second paragraph of section 171 or pursuant to the second paragraph of section 172.
Where the tribunal consists of a panel of three judges and one of their number ceases to act, whatever the cause, the hearing may be continued and a decision may be made by the two remaining judges.
1973, c. 43, s. 159; 1974, c. 65, s. 26; 1975, c. 80, s. 22; 1977, c. 66, s. 11; 1988, c. 29, s. 44; 1994, c. 40, s. 142; 2000, c. 13, s. 32.
163. Sittings of the tribunal shall be composed of three judges.
However, any motion for leave to appeal and motions preliminary or incidental to the hearing of the appeal shall be heard by the chairman of the tribunal or a judge designated by him. The judge who hears the motion may refer it to three judges, except where it is a motion referred to in the second paragraph of section 171 or made pursuant to the second paragraph of section 172.
In subparagraph 2 of the first paragraph of section 164 and in the third, fourth and sixth paragraphs of that section, and in sections 166 and 169, the term tribunal means a judge sitting alone, or three judges where the judge sitting alone has referred a motion to them pursuant to the second paragraph.
In the third paragraph of section 165, section 168, the first paragraph of section 172 and sections 173, 174, 176 and 177.1, the term tribunal includes a judge sitting alone pursuant to the second paragraph.
1973, c. 43, s. 159; 1974, c. 65, s. 26; 1975, c. 80, s. 22; 1977, c. 66, s. 11; 1988, c. 29, s. 44; 1994, c. 40, s. 142.
163. Sittings of the tribunal shall be composed of three judges.
However, motions preliminary or incidental to the hearing of the appeal, except those presented under the first paragraph of section 164 and sections 166 to 169, 171, 172 and 173 and those excepted by the rules of practice, shall be heard and judged by a judge of the tribunal who may, however, refer them to the tribunal.
1973, c. 43, s. 159; 1974, c. 65, s. 26; 1975, c. 80, s. 22; 1977, c. 66, s. 11; 1988, c. 29, s. 44.
163. Sittings of the tribunal shall be composed of three judges.
At least two of such judges must form part of the six judges forming the court. The third may be a judge forming part of a list of five judges of the Provincial Court established for such purpose by the chief judge of that Court.
However, motions preliminary or incidental to the hearing of the appeal, except those presented under the first paragraph of section 164 and sections 166 to 169, 171, 172 and 173 and those excepted by the rules of practice, shall be heard and judged by a judge of the tribunal who may, however, refer them to the tribunal.
1973, c. 43, s. 159; 1974, c. 65, s. 26; 1975, c. 80, s. 22; 1977, c. 66, s. 11.