47 (1) Subject to subsection (2), if an employee of a municipal police force becomes mentally or physically disabled and as a result is incapable of performing the essential duties of the position, the board shall accommodate his or her needs in accordance with the Human Rights Code.  R.S.O. 1990, c. P.15, s. 47 (1); 2009, c. 30, s. 49 (1). Undue hardship (2) The board may discharge the employee, or retire him or her if entitled to retire, if, after holding a hearing at which the evidence of two legally qualified medical practitioners is received, the board, (a) determines, on the basis of that evidence, that the employee is mentally or physically disabled and as a result incapable of performing the essential duties of the position, and what duties the employee is capable of performing; and (b) concludes that the employee’s needs cannot be accommodated without undue hardship on the board.  R.S.O. 1990, c. P.15, s. 47 (2); 2009, c. 30, s. 49 (2). Idem, O.P.P. (3) Subject to subsection (4), if an employee of the Ontario Provincial Police becomes mentally or physically disabled and as a result is incapable of performing the essential duties of the position, the Commissioner shall accommodate the employee’s needs in accordance with the Human Rights Code.  R.S.O. 1990, c. P.15, s. 47 (3); 2009, c. 30, s. 49 (3, 4). Idem (4) The employee may be discharged, or retired if entitled to retire, if, after holding a hearing at which the evidence of two legally qualified medical practitioners is received, the Commissioner or a person whom he or she designates, (a) determines, on the basis of that evidence, that the employee is mentally or physically disabled and as a result incapable of performing the essential duties of the position, and what duties the employee is capable of performing; and (b) concludes that the employee’s needs cannot be accommodated without undue hardship on the Crown in right of Ontario.  R.S.O. 1990, c. P.15, s. 47 (4); 2009, c. 30, s. 49 (5). Appeal (5) An employee of a police force who is discharged or retired under subsection (2) or (4) may appeal to the Commission by serving a written notice on the Commission and on the board or the Commissioner, as the case may be, within thirty days of receiving notice of the decision.  R.S.O. 1990, c. P.15, s. 47 (5); 2009, c. 30, s. 49 (6). Powers of Commission (6) The Commission may confirm, alter or revoke the decision or may require the board or Commissioner, as the case may be, to rehear the matter.  R.S.O. 1990, c. P.15, s. 47 (6). Decision (7) The Commission shall promptly give written notice of its decision, with reasons, to the appellant and to the board or Commissioner, as the case may be.  R.S.O. 1990, c. P.15, s. 47 (7). Participation of members of Commission (8) No member of the Commission shall participate in the decision unless he or she was present throughout the hearing of the appeal and, except with the consent of the appellant, no decision of the Commission shall be given unless all members who were present throughout the hearing participate in the decision.  R.S.O. 1990, c. P.15, s. 47 (8). Section Amendments with date in force (d/m/y) 2009, c. 30, s. 49 (1-6) - 05/07/2010 48 Repealed: 1995, c. 4, s. 4 (10). Section Amendments with date in force (d/m/y) 1995, c. 4, s. 4 (10) - 14/12/1995