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CHAPTER II ORGANIZATIONAL AND FINANCIAL PROCESSES
PART 2
Organizational procedures
Recusal by member of the Board
5.
(1) A Board member shall recuse himself or herself from the deliberations
on a matter, if he or she is aware or becomes aware that the deliberated matter
affects him or her or the spouse of such a member; directly or indirectly.
(2) A copy of the decision contemplated in subregulation (I) and the
reasons for the decision shall be submitted to the chairperson of the Board.
Request for recusal
6.
(1) A member of the public may., at any time, file in good faith a timely
and sufficient affidavit setting forth any alleged conflicting interest of any Board
member.
(2) Subject to section 11 of the Act, a Board member; upon receipt of an
affidavit contemplated in subregulation 1
(a)
shall recuse himself or herself, if the allegations are corrobora
ted; or
(b)
may dismiss the request as untruthful without any merit, and
state the reasons for his or her decision..
(3) In the case of subregulation (2) (b), a copy of the request contemplated
in subregulation (1) and the reasons for the decision shall be submitted to the
Minister if it is the chairperson who is affected by the request.
(4) If the Minister does not agree with the decision and reasons
contemplated in subregulation (3), he or she may request the Authority to put the
matter decided upon for review in the manner and at the place as he or she may
direct.
(5) If the Minister directs the matter to be reviewed, the parties shall be
notified accordingly.