Governance

member

An appointed Tribunal member (full- or part-time).

How the laws define this

At its core, the concept of a member establishes a formally recognized participant bound by governing rules, obligations, and compliance expectations within a designated official body. The primary point of divergence centers on whether membership applies to an individual natural person appointed to a tribunal or an organizational entity admitted to a consortium. Under the Personal Information and Data Protection Tribunal Act (PIDPTA) (proposed, part of Bill C-27), a member is exclusively an individual person appointed by the Governor in Council to serve on the Tribunal, required to participate in hearings and decision-making, adhere to conflict disclosure rules, and in some cases possess specialized experience in information and privacy law. Conversely, under the Malaysia Artificial Intelligence Consortium (MAIC), a member refers to an organizational entity—specifically an academic institution, government agency, research centre, or industry partner—that is formally admitted to the consortium and bound by its membership agreement, operational obligations, data-sharing rules, and intellectual property arrangements.

Synthesised from the 2 statutory definitions below. Each one is quoted in full, with its source.

How jurisdictions differ

What is distinctive in each definition, binding law in force first.

JurisdictionInstrumentStatusWhat is distinctive
CanadaPersonal Information and Data Protection Tribunal Act (PIDPTA) (proposed, part of Bill C-27)WithdrawnLimits members to persons appointed by the Governor in Council to a Tribunal, adding requirements for full-time devotion to duties, specific experience in information and privacy law, conflict disclosure rules, and roles in hearings and decision-making.
MalaysiaMalaysia Artificial Intelligence Consortium (MAIC)AdoptedBroadens members to academic institutions, government agencies, research centres or industry partners formally admitted to a non-binding consortium.

What it triggers

  • Under PIDPTA (withdrawn), full-time members would have had to devote their whole time to Tribunal duties and certain members would have had to have experience in information and privacy law.
  • Under PIDPTA (withdrawn), members would have been subject to conflict disclosure rules and would have participated in hearings and decision-making.
  • In the MAIC policy (not binding), members are academic institutions, government agencies, research centres or industry partners formally admitted to the consortium.source

Definitions (2)

A person appointed by the Governor in Council to serve on the Tribunal, who may be a full‑time or part‑time member; full‑time members must devote their whole time to Tribunal duties and certain members must have experience in information and privacy law. Members are subject to conflict disclosure rules and participate in hearings and decision‑making.

An academic institution, government agency, research centre or industry partner that is formally admitted to MAIC and bound by the consortium's membership agreement, obligations, data‑sharing, IP arrangements and compliance expectations.

Not to be confused with

panel

A panel is a hearing configuration of Tribunal members, whereas member refers to an individual appointed person on the Tribunal.

Tribunal

Tribunal is the overall Personal Information and Data Protection Tribunal, whereas member is an individual appointed to serve on it.

Chairperson

Chairperson is the full-time head directing Tribunal operations, whereas member is any full- or part-time appointee.

Questions and answers

What obligations do full-time Tribunal members have under PIDPTA?

Full-time members must devote their whole time to Tribunal duties. Certain members must have experience in information and privacy law.

Who qualifies as a member of the MAIC?

Academic institutions, government agencies, research centres or industry partners formally admitted to MAIC qualify as members.

What roles do Tribunal members play?

Members participate in hearings and decision-making. They are subject to conflict disclosure rules.