Waiver of competitive, merit-based selection process
 2. (1) The requirement in subsection 14 (1) of the Act to use a competitive, merit-based process for selecting a member of an adjudicative tribunal is waived in the following circumstances: 1. If a member of the tribunal is being reappointed. 2. If a former member of the tribunal is being reappointed, but only if his or her prior appointment expired within 90 days of the date of the reappointment. 3. If a member of one adjudicative tribunal is being appointed to another tribunal. 4. If the person being appointed to the tribunal was a candidate for appointment to an adjudicative tribunal within 12 months before the date of the intended appointment and, i. the selection process for the appointment to the tribunal was a competitive, merit-based process, and ii. although the person was not appointed to the tribunal, it was determined that the person was qualified for such an appointment. 5. If the person being appointed must, under an Act, be nominated or selected by a person or entity other than the Lieutenant Governor in Council or a minister. 6. If the person being appointed must, under an Act, be nominated or selected jointly by a person or entity representing one or more employers (including the Crown as an employer) and by a trade union or other collective bargaining agent representing employees. 7. If the appointment is needed to ensure that the tribunal has the quorum or minimum number of members specified under an Act.  O. Reg. 88/11, s. 2 (1). (2) The requirement in subsection 14 (1) of the Act to use a competitive, merit-based process for selecting a member of an adjudicative tribunal may be waived in the following circumstances, if the person or entity authorized to appoint the member considers it appropriate to do so: 1. If the tribunal is the successor of another adjudicative tribunal that has been restructured or discontinued and if the person being appointed to the successor tribunal was a member of the predecessor tribunal when it was restructured or discontinued. 2. If the appointment is being made to fill an unanticipated vacancy on the tribunal. 3. If the appointment is being made on an urgent basis for a maximum period of six months. O. Reg. 88/11, s. 2 (2); O. Reg. 273/19, s. 1 (1). (2.1) If the requirement to use a competitive, merit-based process is waived under paragraph 3 of subsection (2) with respect to the appointment of a member of an adjudicative tribunal, the waivers under paragraphs 1, 2, 3, 4 and 7 of subsection (1) do not apply, and a waiver under subsection (2) may not be used, with respect to the reappointment or further appointment of the member. O. Reg. 273/19, s. 1 (2). (2.2) If the requirement to use a competitive, merit-based process is waived under paragraph 3 of subsection (2) with respect to the appointment of a member of an adjudicative tribunal, a further waiver under that paragraph may not be used with respect to a successive appointment of another member to that tribunal. O. Reg. 273/19, s. 1 (2). (3) If the requirement to use a competitive, merit-based process is waived under subsection (2) with respect to the appointment of a member of an adjudicative tribunal, notice of the use of the waiver must be included in the next annual report of the adjudicative tribunal.  O. Reg. 88/11, s. 2 (3).