Section 155 — Full-time and part-time members
Text of provision
If a member of a three-member panel is unable to take part in the disposition of a matter that the member has heard, the remaining members may make the disposition and, for that purpose, are deemed to constitute the applicable Division.
Plain English
Section 155 provides that IRB members may be appointed on a full-time or part-time basis. Full-time members are the primary workforce of the tribunal. Part-time members may be used to address backlogs or in circumstances where full-time capacity is insufficient.
Remuneration for members is set by the Governor in Council and must reflect the quasi-judicial nature of the role.
Practical effect
The IRB has faced chronic backlogs, particularly in the RPD, due to high volumes of refugee claims and a member complement that has not kept pace with demand. The mix of full-time and part-time appointments gives the government flexibility in managing IRB staffing. However, part-time appointments have been criticised as insufficient for maintaining the expertise and consistency required for high-quality refugee determination.