Section 19

Appointed Members to Regional Council and Hearing Panels

19.1 Establishment of Appointments Committee
There shall be an Appointments Committee for each Region consisting of the President of the Corporation, one Public Director of the Board designated by the President and the Chair for the Region in which the Regional Council is located.
19.2 Appointment of Industry Representatives
The Appointments Committee for each Region shall have the power to appoint additional industry representatives to each Regional Council.
19.3 Eligibility of Industry Representatives
In order to be eligible for appointment to a Regional Council, industry representatives must have current or previous securities industry experience, but are not required to be a partner, director, officer, employee or agent of, or otherwise associated with a Member.
19.4 Appointment of Public Representatives
The Appointments Committee for a Region shall have the power to appoint public representatives to the Regional Council.
19.5 Eligibility of Public Representatives
In order to be eligible for appointment as a public representative an individual must:
19.5.1 be or have been qualified to practice law in any jurisdiction in Canada;
19.5.2 meet the requirements set out in Section 1 for Public Directors; and
19.5.3 agree, in writing, not to represent any party to any hearing held in accordance with the By-laws during the course of his or her appointment to the Regional Council.
19.6 Duties of Appointed Industry and Public Representatives
The duties of appointed industry and public representatives are restricted to acting as members of Hearing Panels of a Regional Council when selected to do so, and such representatives shall not otherwise be entitled to notice of, attend at, or participate or vote at any meeting of a Regional Council in respect of which they are appointed.
19.7 Number of Appointed Representatives
The number of appointed industry representatives and public representatives on the Regional Council shall be at the sole discretion of the Appointments Committee for each Region.
19.8 Term of Office
The term of the office of the appointed industry and public representatives expires on a date determined by the Appointments Committee appointing the representative but shall not be a date later than 3 years after such appointment. Notwithstanding the preceding sentence, the term of any appointed industry or public representative who is a member of a Hearing Panel engaged in a hearing under Section 24 shall be automatically extended for the period of time and purpose only necessary to permit the member to participate on the Hearing Panel to the time of the completion of its duties.
19.9 Hearing Panels
The authority of a Regional Council under Sections 20 and 24 shall be exercised on its behalf by a Hearing Panel appointed from the members of the Regional Council. Hearing Panels shall be composed of:
(a) three members of the Regional Council: one public representative, who will be the Chair of the Hearing Panel, and two industry representatives who may be either elected or appointed members of the Regional Council, but shall not include ex-officio members of the Council or
(b) two members of the Regional Council: one public representative who will be the Chair of the Hearing Panel and one industry representative in the event that an industry representative in (a) above is unable to continue to serve on a Hearing Panel. The Chair of the Hearing Panel shall decide whether or not to proceed with a two-member Hearing Panel.
Appointments of members to a Hearing Panel shall be made in accordance with the rules of procedures prescribed pursuant to Section 19.12.
19.10 Cross-Appointments of Members of Hearing Panels
Members of one Regional Council shall be eligible to sit on a Hearing Panel in another Region provided that the Chairs of each of the applicable Regional Councils consent.
19.11 Duties of the Chair
In addition to the adjudicative duties of the Chair as a member of a Hearing Panel, the Chair shall perform any and all responsibilities set out by the Board in rules of procedure relating to Hearing Panels.
19.12 Procedures Regarding Hearing Panels
The Corporation may prescribe rules of procedures (which may be Policies) in respect of all matters relevant to the appointment of Hearing Panels and the conduct of hearings as contemplated by the By-laws including, without limitation, regarding the assignment of Regional Council members to Hearing Panels, conflicts of interest, the eligibility of elected and appointed representatives to sit on hearing panels, the ability of Regional Council members to continue on a Hearing Panel during an ongoing hearing, compensation of members of Hearing Panels and reimbursement of costs
19.13 Despite Section 19.9, one public representative of a Regional Council may be designated to act on behalf of a Hearing Panel for the purpose of hearing and determining:
(a) an application under Section 24.3 except a review of an application pursuant to Section 24.3.6; and
(b) any procedural matter or motion relating to the conduct of a disciplinary hearing under Sections 20 and 24 including, without limitation, granting adjournments, setting dates for hearings, and making any other orders or directions that a Hearing Panel is authorized to make under the Corporation’s rules of procedure, except a final determination of a disciplinary proceeding.