End of Appointment
9.
The appointment of a Member who is jointly appointed by the Parties, by the appointing
Members, or by the Neutral Appointing Authority, terminates if:
a) the Member withdraws from office for any reason; or
b) the Parties agree to the termination.
10.
The appointment of a Member appointed by one Party, or by the Neutral Appointing
Authority in place of the Party, terminates if:
a) the Member withdraws from office for any reason; or
b) the appointing Party terminates the appointment.
11.
If the appointment of a Member jointly appointed by the Parties, by the appointing
Members, or by the Neutral Appointing Authority in place of the Parties or Members,
terminates, a replacement Member will be appointed under Section 6 or 7, as applicable,
within the required time commencing from the termination of the former Member's
appointment.
12.
Subject to Section 13, if the appointment of a Member appointed by one Party or by the
Neutral Appointing Authority in place of the Party terminates, a replacement Member
will be appointed under Section 6 or 7, as applicable, within the required time
commencing from the termination of the former Member's appointment.
13.
A Party may elect not to replace a Member it had appointed but the Party may not
withdraw from the Reference except as permitted under Sections 31 to 35.
Terms of Reference
14.
Not more than 15 days after the appointment of the last Member of a Panel, the Parties
must provide the Panel with written terms of Reference that set out at least the following:
a) the Parties to the Disagreement;
b) the subject matter or issues of the Disagreement;
c) the kind of assistance that the Parties request from the Panel, including giving
advice, making determinations, finding facts, conducting, evaluating and
reporting on studies and making recommendations;
d) the time period within which the Parties request the assistance to be provided;
e) the time periods or stages of the Reference at the conclusion of which the Panel
must provide the Parties with written interim reports on the Panel's progress on
the referral and on expenditures under the budget described in Section 16 as they
relate to that progress;
f) the time within which the Panel must provide the Parties with the budget
described in Section 16; and
g) any limitations on the application of Sections 36 to 42 to the Reference.
15.
The Parties may discuss the proposed terms of Reference with the Panel before they are
finally settled.
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