7. Rules 8 to 11 apply to Appellate Panels only.
8. Each Party shall be entitled to appoint up to 5 members to the roster.
9. Roster members shall:
(a) have expertise in Canadian administrative law or the resolution of disputes arising under Canadian administrative law;
(b) be independent of and not take instructions from any Party; and
(c) serve for a term of five years, with the possibility of reappointment.
[10]
10.1 Each Party shall endeavor to appoint at least one bilingual (French and English) member to the roster. Each Party shall identify which of its roster members are bilingual.
10.2 If there are fewer than 18 bilingual persons appointed by the Parties to the Appellate Panel roster, the Secretariat shall develop a supplementary list of bilingual individuals qualified to be Appellate Panel roster members. The Secretariat shall submit such list to the internal trade representatives for approval, and those individuals approved by the internal trade representatives will be added to, and form part of, the Appellate Panel roster. The Secretariat may add Appellate Panel roster members in this manner whenever there are fewer than 18 bilingual roster members appointed to the Appellate Panel roster by the Parties.
11. Where a roster member becomes unable to sit on the roster or a roster member’s term expires, the Party that appointed the member shall appoint a replacement member to the roster.