s. 108 (a) the question must be decided by another member who is a member or legal practitioner; and (b) for that purpose only, the Tribunal in the proceeding is to be reconstituted to include that other member. (4) In this section, includes a question question of law of mixed law and fact. 108 Reconstitution of Tribunal (1) At any time during the hearing of a proceeding a party may apply to the Tribunal requesting that it be reconstituted for the purposes of the proceeding. (2) At any time during the hearing of a proceeding, the President or a member of the Tribunal may give notice to the parties that the President or member seeks the reconstitution of the Tribunal for the purposes of the proceeding. (3) On application under subsection (1), or after notice is given under subsection (2)— (a) the Tribunal, as presently constituted, after allowing the parties to make submissions, may decide that it should be reconstituted; and (b) if so, the President must reconstitute the Tribunal. S. 108(4) (4) If the Tribunal rejects an application under amended by subsection (1) for reconstitution, a party may No. 14/2006 s. 25(1). make a request to the President that the Tribunal be reconstituted. S. 108(5) (5) If a request is made to the President under substituted by subsection (4), the President may allow or reject No. 14/2006 the request for reconstitution, with or without s. 25(2). allowing the parties to make written or oral submissions.
(a) the question must be decided by another member who is a member or legal practitioner; and (b) for that purpose only, the Tribunal in the proceeding is to be reconstituted to include that other member. (4) In this section, question of law includes a question of mixed law and fact. 108 Reconstitution of Tribunal s. 108 (1) At any time during the hearing of a proceeding a party may apply to the Tribunal requesting that it be reconstituted for the purposes of the proceeding. (2) At any time during the hearing of a proceeding, the President or a member of the Tribunal may give notice to the parties that the President or member seeks the reconstitution of the Tribunal for the purposes of the proceeding. (3) On application under subsection (1), or after notice is given under subsection (2)— (a) the Tribunal, as presently constituted, after allowing the parties to make submissions, may decide that it should be reconstituted; and (b) if so, the President must reconstitute the Tribunal. S. 108(4) amended by No. 14/2006 s. 25(1). (4) If the Tribunal rejects an application under subsection (1) for reconstitution, a party may make a request to the President that the Tribunal be reconstituted. S. 108(5) substituted by No. 14/2006 s. 25(2). (5) If a request is made to the President under subsection (4), the President may allow or reject the request for reconstitution, with or without allowing the parties to make written or oral submissions.