Appointment of Independent Chairperson

Part VI - Article 34 - Section 34.03 - Subsections (1) (2) , Section 34.04 - Subsections (1) (2) and Section 34.05 Subsections (1) (2) of the 1997 Manitoba Framework Agreement (MFA) :

34.03 Appointment of the Independent Chairperson

(1) The members of the Implementation Monitoring Committee representing the TLE Committee, Canada and Manitoba shall consider the availability of persons resident in Manitoba that may have the appropriate qualifications and experience to undertake and effectively discharge the responsibilities of Chairperson and shall, within 90 days of the Date of Execution of the MFA or such longer period as the parties may agree, recommend to the Senior Advisory Committee a person to be appointed Chairperson.

(2) The Senior Advisory Committee shall, within 30 days of the date of receipt of the recommendation referred to in (1), appoint a person as Chairperson.

34.04 Terms of Appointment of Chairperson and Vacancy

(1) Subject to (2), the Chairperson will be appointed on terms and conditions, including remuneration, as the parties may agree, for a term of two years from the date of appointment and any person so appointed will be eligible for re-appointment.

(2) A Chairperson shall serve until:

(a) his or her term of appointment or re-appointment expires;

(b) he or she dies;

(c) he or she resigns;

(d) he or she is declared incapable of managing his or her own affairs by a Court of competent jurisdiction; or

(e) the parties agree in writing to withdraw his or her appointment.

34.05 Appointment of Chairperson upon Vacancy

(1) In the event of a vacancy in the position of Chairperson, the members of the Implementation Monitoring Committee representing the TLE Committee, Canada and Manitoba shall consider the availability of persons resident in Manitoba that may have the appropriate qualifications and experience to undertake and effectively discharge the responsibilities of Chairperson and shall, within 90 days of the vacancy occurring or such longer period as the parties may agree, recommend to the Senior Advisory Committee a person to be appointed Chairperson.

(2) The Senior Advisory Committee shall, within 30 days of the date of receipt of the recommendation referred to in (1), appoint a person as Chairperson.