7. Code of Values and Conduct for Employment Insurance Board of Referees

Board of Referees members adopted a “Code of Values and Conduct for Employment Insurance Board of Referees” to establish the responsibilities and conduct expected of all members to maintain the integrity, competence and effectiveness of the tribunal. The Code, developed by a working group of Board members, is a product of extensive consultation with their peers.

Board of Referees members commit to upholding these values and conduct by signing a copy of the Code on appointment or, in the case of existing members, on reappointment.

Code of Values and Conduct for Employment Insurance Board of Referees

Boards of Referees conduct hearings and make decisions in compliance with the Employment Insurance Act and Regulations, consistent with the principles of natural justice.

The principles of natural justice as established by the Supreme Court of Canada are that the parties will:

• Know the case;
  
  
• Have the opportunity to be heard/hear the case;
  
  
• Provide/receive an impartial hearing;
  
  
• Know that the persons who hear the case will make the decision; and
  
  
• Provide/receive a written decision.

Members will do this with:

• Professionalism;
  
  
• Integrity;
  
  
• Impartiality;
  
  
• Respect;
  
  
• Objectivity; and
  
  
• Collegiality.

These values must be reflected in the conduct of the Board members in the following manner:

1. Prior to the hearing: members must thoroughly review the appellant’s file; identify the issues as well as the applicable law and the relevant jurisprudence.
   
   
2. During the Hearing: members shall always display the essential elements of integrity by being courteous, attentive, patient, open-minded and respectful of the diversity of all participants, while ensuring that the proceedings are orderly, efficient, non confrontational, and as informal as possible. Members shall, in a respectful manner, seek, probe and clarify relevant and additional facts.
   
   
3. Confidentiality: members must treat all information contained in the appeal docket and disclosed at the hearing as strictly confidential.
   
   
4. Conflict of Interest: members must be free of any bias or perception of bias towards any of the parties to the dispute and should the perception of conflict of interest arise, the member must immediately withdraw from the hearing.
   
   
5. Impartiality: members must be and be seen to be impartial and objective.