57Suspension and removal from office

57 Suspension and removal from office

(1) The Governor in Council may suspend a commissioner from office on any of the following grounds—

(a) misconduct;

(b) neglect of duty;

(c) inability to perform the functions of the office;

(d) any other ground on which the Governor in Council is satisfied that the commissioner is unfit to hold office.

(2) The Minister must—

(a) consult the Integrity and Oversight Committee as to whether the commissioner should be removed; and

(b) cause to be transmitted to each House on or before the 7th sitting day of that House after the suspension—

(i) a full statement of the grounds of suspension; and

(ii) a statement of any advice or recommendations of the Integrity and Oversight Committee as a result of the consultation under paragraph (a).

(3) The Governor in Council must remove the commissioner from office if each House, on or before the 7th sitting day of that House after the statements under subsection (2)(b) are transmitted to it, declares by resolution that the commissioner ought to be removed from office.

(4) The Governor in Council must remove the suspension and restore the commissioner to office unless each House makes a declaration of the kind specified in subsection (3) within the time specified in that subsection.

(5) A commissioner can only be removed from office in accordance with this section.