Code of Professional Conduct for Veterans Review and Appeal Board Members
Preamble
The Veterans Review and Appeal Board (VRAB) is an independent administrative tribunal and has full jurisdiction to hear, determine and deal with all applications for review and appeal that may be made to the Board under the Pension Act, the War Veterans Allowance Act, the Canadian Forces Members and Veterans Re-establishment and Compensation Act and other Acts of Parliament, including Section 32 of the Royal Canadian Mounted Police Superannuation Act.
Members of the Board are appointed by the Governor-in-Council and are guided in their responsibilities by the provisions of the Veterans Review and Appeal Board Act and Regulations.
The Conflict of Interest Act and Ethical and Political Guidelines for Public Office Holders
All Members of VRAB, including the Chairperson and the Deputy Chairperson, are Governor-in-Council appointees and, as such, are subject to the Conflict of Interest Act, Ethical and Political Activity Guidelines for Public Office Holders and the Board's Code of Professional Conduct.
General Conduct
In the discharge of their official duties and at all times, Members shall conduct themselves in a manner that promotes respect for the law and public confidence in the fairness, impartiality and professionalism of the VRAB. Every Member and former Member shall act with honesty and uphold the highest ethical standards so that public confidence and trust in the integrity, objectivity and impartiality of the Board are conserved and enhanced.
Guidelines for Professional Conduct
In addition to the rules and measures set out in the Conflict of Interest Act, VRAB has established the following guidelines for the professional conduct of Board Members:
(1) Promotion of Integrity and Independence
Members shall participate in establishing, maintaining and enforcing high standards of conduct and act to promote and preserve the integrity and independence of the Veterans Review and Appeal Board.
Members shall not use their position on the Board to advance any personal or private interests.
Members must not engage in any outside activities which could bring disrepute upon themselves or the Board.
(2) Collegiality
Members are responsible for encouraging collegiality and for assisting their colleagues through the respectful exchange of views, information and opinions. In their dealings with staff, Members must be courteous and respectful, and must promote a workplace environment that is free from discrimination and harassment.
(3) Decision-Making
Members shall not prejudge a case. Decisions must be based on thorough preparation and examination of the relevant information.
Members must make decisions in an expeditious, reasoned, and appropriately documented manner, in compliance with the Pension Act, War Veterans Allowance Act and Canadian Forces Members and Veterans Re-establishment and Compensation Act, other applicable statues, including Section 32 of the Royal Canadian Mounted Police Superannuation Act, and consistent with the principles of natural justice and the duty to act fairly.
Decisions must be independent, impartial and objective, and made without regard to partisan or special interests or fear of criticism.
Members must not delegate the duty to decide to any other person.
Members are expected to state their reasons in accordance with standards established by the Chairperson regarding quality decision-making and timeliness.
(4) Conduct during Proceedings
A member must perform his or her duties thoroughly and expeditiously throughout the proceeding.
In all proceedings, Members must conduct themselves in a manner that is courteous, patient, fair and respectful to all participants and observers, their language, customs, rights, opinions, and beliefs, while ensuring that the proceedings are orderly and efficient. The actions of the Member, should be beyond reproach. Members must require similar conduct from all those present during the proceedings.
The responsibility for the conduct of all hearings lies with the Board, specifically with the presiding Member who must conduct the hearing professionally and in accordance with the Board's guidelines.
Members must consider all issues raised in the proceedings and any evidence they consider necessary to make a decision.
Because of their background or experience, Members may possess some knowledge about the military or of some event which may have a bearing on the case. If that knowledge is to be used in the decision making process, then it must be shared with colleagues, the representatives and the appellant. Members must only communicate with a participant about his or her case in a proceeding in the presence of all parties and/or counsel.
During the course of a hearing, Board Members must not communicate, in private or in public other than in the hearing room, with any of the parties, counsel, witnesses or others involved in the hearing. All communications between these individuals and Board Members must occur only in the presence of all parties and their counsel.
(5) Bias, Disqualification and Reporting
The Member must disqualify himself or herself from any proceedings in which the Member's participation may result in a reasonable apprehension of bias or conflict of interest based on the circumstances of the case or with reference to any parties involved in the proceeding. In the event of any actual or potential bias or conflict of interest, a Member must decline to participate in the hearing. The Member must inform the Board, in a timely manner, of the self-disqualification and the reasons for that action.
The disqualified Member must not communicate about the case directly with any other Member or other person who will participate in or contribute to the hearing, but must document any information in his or her possession that is relevant to the case so that it may be considered by the Board, consistent with the legislation and the duty to act fairly.
Any time a Member becomes aware that he or she is actually or potentially in conflict with the Board's Code of Professional Conduct, the Member must immediately inform the Chairperson of the circumstances.
While recognizing that there will be circumstances where information or statements must be tested, Members must always avoid:
- words, phrases, or actions that could be understood to manifest bias or prejudice based on race, national or ethnic origin, colour, religion, sex, sexual orientation, age, mental or physical disability, or other personal abilities, characteristics or beliefs;
- statements or questions that would be demeaning to any person, or that would manifest bias or prejudice for or against an individual or group.
All Members, and particularly those with medical or legal practice backgrounds, must refrain from offering medical diagnoses or legal advice to parties to a hearing.
(6) Procedural Fairness and Protection of Privacy
To preserve the integrity of the decision-making process, out of respect for the duty to act fairly, and the privacy interests of those involved in any case, Members must not disclose information about a case or discuss any matter that may be or has been decided by them with any person, including family members, relatives, friends, business associates, the media, Members of Parliament or other political representatives, except as required in the performance of, and in circumstances appropriate to, the formal conduct of their duties.
Further, Members must not receive or consider information about a case that they must decide, except through persons and agencies recognized in legislation, in Board guidelines, and in a manner that is consistent with the Board's information-sharing requirements.
Members, while recognizing that no improper influence may affect their adjudicative independence, have a responsibility to provide fairness to applicants and appellants in ensuring the consistency of its decisions.
Members have a responsibility to consider the privacy interests of individuals in the conduct of proceedings and the writing of decisions, ensuring that decisions contain only the personal information that is necessary to explain the reasoning of the decision.
During deliberations, Members are free to express opinions and views without concern that these could be transmitted to outside parties, or used against anyone.
(7) Continuing Professional Development
Members must continue to develop and enhance their adjudicative skills, knowledge and professional competency throughout their mandate. Members must actively participate in training provided by, or at the request of, the Board and otherwise pursue the enhancement of their professional competency and knowledge individually and collectively, recognizing that medicine, the law, and military and police occupations are evolving constantly.
(8) Contact with the Media or Government
The Chairperson has overall responsibility for relations with the government. The Head of Communications is the official spokesperson for VRAB and manages all external inquiries. All inquiries from outside parties must be referred to the Head of Communications. Board Members must not communicate with the media.
(9) Administration of the Board
Members must contribute to the overall effective and efficient administration of the Board as an agency of the federal government. Members must respect and support the management authority and responsibilities of the Chairperson and the Deputy-Chairperson and the role of staff in performing the duties that have been allocated to them by the Chairperson.
The Chairperson must promote Members awareness of and compliance with this Code of Conduct.
(10) Gifts and Benefits
In addition to the rules set out in the Conflict of Interest Act, Members are advised that they must scrupulously guard against creating even the perception of bias. Members are advised not to accept any gifts, favours or benefits, even those of nominal value, from persons who have or may have official dealings with the Board.
(11) Post-Appointment
In addition to the rules set out in the Conflict of Interest Act, a former Member must not represent, provide expert evidence or otherwise act on behalf of a party before the Board for a period of one year following the expiry of his or her term or the completion of his or her last adjudicative function under the Act.
(12) Declaration
As a Member of the Veterans Review and Appeal Board, I subscribe to the Vision, Mission and Values statements adopted by the Board, and I will comply with the provisions of this Code of Professional Conduct for Members in all of my dealings with fellow Members, staff, applicants, appellants and the general public.
I also understand that, from time to time, an assessment of my performance will be conducted and will be shared with me by the Chairperson of the Board, in accordance with the Performance Management Accountability Framework established by the Board.
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Member, Veterans Review and Appeal Board
Date modified: 2014-02-20
- Date modified:
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