This Code sets the standards of conduct for the Members of the Transportation Appeal Tribunal of Canada (the “Tribunal”). These Members are the decision-makers of the Tribunal, which is properly described as a quasi-judicial administrative tribunal.
The Code applies to all full-time and part-time Members of the Tribunal.
Each Member will follow the Code and commit to supporting the standards set out in any related legislation, regulations, guidelines, and practices, especially those listed in Section 2.
The Code comes into effect as of November 1, 2011.
Scope
The Code is grounded in the Tribunal's dedication to six values: discretion, fairness, integrity, independence, impartiality, and transparency.
The standard of conduct that the Code sets up is based on two fundamental principles:
That public confidence and trust in the integrity and fairness of the Tribunal needs be preserved and increased; and
That independence in decision-making is a must.
The standards of conduct set out in the Code address Members' responsibilities to the Tribunal and to the public. This includes tribunal colleagues, staff, parties, counsel, and whoever else appears in person or on paper before the Tribunal.
Administration
The Chairperson of the Tribunal is responsible for administering the Code and the Members of the Tribunal are accountable to them for compliance.
Members are encouraged to bring any conduct that is not in line with the Code to the Chairperson's attention, specifically if such conduct could threaten the integrity of the Tribunal.
Expertise
Members have a responsibility to maintain a high level of professional competence and the expertise required to fulfill all their duties and responsibilities.
Collegiality
Members should promote a respectful working environment and conduct themselves in a manner that reinforces the integrity and professionalism of the Tribunal among other Members and with staff.
Members should share their knowledge and expertise with other Members as requested and when appropriate. This should not be done with a view to influence the decision-making process of a Member however.
B. Members' Responsibilities to the Parties
Conduct of Hearings
Members should conduct hearings in a respectful manner and ensure that the proceedings are fair, orderly, and efficient.
Members should conduct hearings in a manner that ensures that those who appear before the Tribunal properly understand its procedures and can participate equally in the hearing. This should be the case whether or not they have counsel representing them.
Members should take all reasonable steps to ensure that proceedings are concluded in a timely manner, so that unnecessary delays and postponements of proceedings are avoided. This should always be done in a way that complies with the rules of natural justice and procedural fairness.
Natural Justice
Members should comply with all procedural fairness and natural justice requirements.
Members should disqualify themselves from any proceeding where they know or reasonably ought to know that:
they would be in a conflict of interest in making the decision; or
that their participation may create a reasonable apprehension of bias.
Members should immediately inform the Chairperson if either of these situations occur and provide the reason for their self-disqualification.
Impartiality
Members are expected to approach each case with an open mind and must always be seen to be impartial and objective.
Fairness and Transparency
Members must ensure that proceedings are conducted in a manner that is transparent, fair, and also seen to be fair.
Communication with Participants in a Proceeding
Members will avoid communicating directly or indirectly with any party, counsel, witness, or other non-Tribunal participant that appears before them in a proceeding, except in the presence of all parties or their counsel. This is because such communication may create a reasonable apprehension of bias.
Members will avoid having any social contact with a party, counsel, witness, or other non-Tribunal participant during the course of a proceeding. This is again because such social contact may create a reasonable apprehension of bias.
Decision-making
Members will render decisions on the merits of the case, based on thorough preparation and the application of relevant legislation to the evidence presented during the hearing.
Members will not be influenced by inappropriate considerations in their decision-making. Members will make their decisions free from the improper influence of other persons, institutions, interest groups or the political process.
Members are expected to render their reasons in accordance with any standards that may be established by the Tribunal regarding quality decision-making.
C. Members' Responsibilities to the Public
Integrity
Members will conduct themselves with integrity and avoid impropriety or the appearance of impropriety.
Conflict of Interest
Members will arrange their private affairs in a manner that prevents them from being in a conflict of interest, as set out in the applicable legislation, guideline, code, policy, or other instrument established for GIC appointees, especially those listed in Section 2.
Bias
Members will conduct themselves in a manner that will not cast doubt on their ability to perform their duties objectively.
Gifts or Other Advantages
Members will not accept gifts or other advantages, including hospitality or other benefits, as set out in the applicable legislation, guideline, code, policy, or other instrument established for GIC appointees, especially those listed in Section 2.
Outside Activities
Members are allowed to take part in outside activities that are not inconsistent with their official duties and responsibilities, or do not cast doubt on their ability to perform their duties objectively. These activities may include participation at conferences and training seminars, volunteer activities, public speeches, and other similar activities.
Members need to obtain any required prior written approval for these outside activities, as set out in the applicable legislation, guideline, code, or other instrument established for GIC appointees, especially those listed in Section 2.
