93. Continuation of hearing

Except as otherwise provided in subsection (3), where a Board has been constituted in relation to a dispute or matter and before the dispute or matter has been determined, the president or deputy president presiding or a member constituting the Board is unable to hear or continue to hear or to determine the dispute or matter or has ceased to be the president or a deputy president or member (as the case may be) whether by resignation, death or otherwise, the Board must be reconstituted in accordance with section 89.

The Board as reconstituted must hear and determine the dispute or matter or so much of the dispute or matter as has not been determined and in so hearing may have regard to the evidence given, the arguments adduced and any interim order made during the previous hearing.

Despite subsection (1), a president, a deputy president or a member of the panel whose appointment expires during the course of any proceedings of a Board of which he or she is then presiding or is a member is, for the purpose of such proceedings and until their determination, deemed to remain a president, deputy president or member of the Board, as the case may be.