Canada Agricultural Products Act (R.S.C., 1985, c. 20 (4th Supp.))

Marginal note:Travel and living expenses — Board

7. Each member of the Board is entitled to be paid

• (a) an amount fixed by the Treasury Board for each day or part of a day that the member is performing duties under this Act unless the member is employed in the federal public administration; and

• (b) reasonable travel and living expenses incurred by the member in the course of the member’s duties under this Act.

Marginal note:Remuneration — Tribunal

• 7.1 (1) Each full-time member of the Tribunal shall be paid such salary as is fixed by the Governor in Council and each part-time member of the Tribunal is entitled to be paid such fees or other remuneration for that member’s services as may be fixed by the Governor in Council.

• Marginal note:Travel and living expenses

  (2) Each member of the Tribunal is entitled to be paid reasonable travel and living expenses incurred by the member in the course of the member’s duties under this Act.

Marginal note:Courts of record

• 8. (1) The Board and the Tribunal are courts of record and each shall have an official seal that shall be judicially noticed.

• Marginal note:Examination of witnesses, etc.

  (2) In addition to the powers conferred by subsection (1), the Board and the Tribunal each have, with respect to the appearance, swearing and examination of witnesses, the production and inspection of documents, the enforcement of their orders and other matters necessary or proper for the due exercise of their jurisdiction, all such powers, rights and privileges as are vested in a superior court of record and, without limiting the generality of the foregoing, the Board and the Tribunal may each

  • (a) issue a summons requiring a person

    • (i) to appear at the time and place stated in the summons to testify to all matters within the person’s knowledge relative to any subject-matter before the Board or the Tribunal, as the case may be, and

    • (ii) to bring and produce any document, book or paper in the person’s possession or under the person’s control relative to that subject-matter;

  • (b) administer oaths and examine any person on oath; and

  • (c) during a hearing, receive such evidence as they consider relevant and trustworthy.

• Marginal note:Rules

  (3) The Board and, subject to the Agriculture and Agri-Food Administrative Monetary Penalties Act, the Tribunal may, with the approval of the Governor in Council, each make rules governing

  • (a) the practice and procedure in respect of hearings;

  • (b) the time and manner in which applications and notices must be made or given; and

  • (c) the work of the Board or the Tribunal, as the case may be.

• Marginal note:Rules of evidence do not apply

  (4) Neither the Board nor the Tribunal is bound by any legal or technical rules of evidence in conducting any matter that comes before it, and each shall deal with matters that come before it as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit.

• Marginal note:Privileged evidence not receivable

  (5) Neither the Board nor the Tribunal shall receive or accept as evidence anything that would be inadmissible in a court by reason of any privilege under the law of evidence.