Marginal note:Exclusive jurisdiction
12. (1) The Board has sole and exclusive jurisdiction to hear and determine all questions of fact or law in relation to any matter over which the Board is given jurisdiction by section 9, and the Tribunal has sole and exclusive jurisdiction to hear and determine all questions of fact or law in relation to any matter over which the Tribunal is given jurisdiction by this Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act.
Marginal note:Review by Federal Court
(2) Subject to section 10, a decision or order of the Board and a decision or order of the Tribunal may only be reviewed under the Federal Courts Act.
- R.S., 1985, c. 20 (4th Supp.), s. 12;
- 1990, c. 8, s. 42;
- 1995, c. 40, s. 36;
- 2002, c. 8, s. 182.
12.1 (1) The jurisdiction of the Tribunal in relation to the following matters shall be exercised by the Chairperson of the Tribunal:
(a) applications under subsection 10(1);
(b) requests under subsection 8(1) or 12(2) of the Agriculture and Agri-Food Administrative Monetary Penalties Act for a review in respect of a notice of violation that contains a warning; and
(c) requests under paragraph 9(2)(c) or subsection 13(2) of that Act for a review in respect of a notice of violation that sets out a penalty of less than $2,000.
Marginal note:Other legally qualified members
(2) The jurisdiction of the Tribunal in relation to a matter referred to in subsection (1) may be exercised, where the Chairperson of the Tribunal so directs, by any member of the Tribunal with the legal qualifications described in subsection 4.1(2).
- 1995, c. 40, s. 36;
- 2015, c. 3, s. 11.
Marginal note:Reviews under other Act
12.2 Reviews by the Tribunal under the Agriculture and Agri-Food Administrative Monetary Penalties Act shall be heard by a single member of the Tribunal.
- 1995, c. 40, s. 36.
REGISTERED ESTABLISHMENTS AND ACCREDITED LABORATORIES
Marginal note:Registered establishments
13. It shall be a condition of the registration and operation of an establishment as a registered establishment under this Act that the establishment and all agricultural products in it are subject to this Act and the regulations.
Marginal note:Accredited laboratories
14. For the purpose of administering this Act and the regulations, the Minister may designate as an accredited laboratory all or part of any building or place set aside and used for conducting research or carrying out inspections, grading, testing, analyses or experiments in science or used for the manufacture of chemical or biological products.
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