If the initial commissioner fits under the categories in proposed paragraphs 81(2)(a) or (b) before being appointed, there would be no issue with that commissioner continuing to be reappointed after leaving office for a certain amount of time and then being appointed again, because the qualifications in paragraphs 81(2)(a) or (b) would continue with that person for his or her natural life.
Once you're a former judge or a former member of a board, commission, or tribunal, you would continue to be one. The wording of paragraphs 81(2)(a) and (b) does not mean to say that the day before the appointment comes into effect, you must be a judge or a member of a board, commission, or tribunal.