Section 154 — Members — Governor in Council appointments
Text of provision
A former member of the Board, within eight weeks after ceasing to be a member, may make or take part in a decision on a matter that they heard as a member, if the Chairperson so requests. For that purpose, the former member is deemed to be a member.
Plain English
Section 154 provides that members of the RPD and RAD are appointed by the Governor in Council on the recommendation of the Minister. Members are appointed for terms not exceeding seven years and may be reappointed. The Governor in Council appoints based on merit, although in practice political considerations have historically influenced appointments to the RPD.
ID and IAD members are now public servants rather than Governor in Council appointees, following legislative amendments to improve the independence and quality of immigration hearings.
Practical effect
The appointment process for IRB members has been a recurring policy concern. Governor in Council appointments to the RPD — the tribunal that decides life-altering refugee claims — were historically subject to political patronage. Reforms introduced merit-based screening through an advisory panel. The terms of members and the grounds for removal from office affect the security of tenure that is considered essential for judicial independence in quasi-judicial tribunals.