COMPLAINT TO BOARD OF ARBITRATION
Marginal note:Complaints against dealers
9. (1) A dealer may, within the prescribed time, file with the Board a written complaint against a dealer licensed under this Act for failure to comply with the regulations relating to grades, standards or marketing of prescribed agricultural products in import, export or interprovincial trade.
Marginal note:Board to hear complaints
(2) The Board shall hear a complaint and
(a) where it finds that the complaint is not well founded, the Board shall dismiss it;
(b) where it finds that the complaint is well founded, the Board shall make such order as it considers will provide adequate relief from the activity complained of, including, if necessary, an order for the payment of compensation and interest; and
(c) the Board shall give reasons for its decision where reasons are requested by any party to the proceedings.
Marginal note:Application for review
10. (1) A party to any complaint proceedings may apply to the Tribunal for a review of the decision of the Board in accordance with subsection (1.1), and the application shall be brought within thirty days after the Board made the decision or within such longer period as the Tribunal may allow, either before or after the expiration of the thirty days.
Marginal note:Nature of review
(1.1) A review referred to in subsection (1) shall be based on the record of the Board’s proceedings and on the grounds of fairness, natural justice or error of law, but the Tribunal may hear evidence not previously available if it deems it necessary for the purposes of the review.
Marginal note:Disposition of review
(2) After concluding a review referred to in subsection (1), the Tribunal may, by order, confirm the decision, make the decision that the Board should have made or direct that the Board re-hear the matter, and the Tribunal shall, in accordance with its rules, notify the parties of any order under this subsection.
- R.S., 1985, c. 20 (4th Supp.), s. 10;
- 1995, c. 40, s. 33.
ENFORCEMENT OF DECISIONS AND ORDERS
Marginal note:Filing in Federal Court
11. (1) Subject to subsection (3), any person affected by a decision or order of the Board made under subsection 9(2), if it is final, or a decision or order of the Tribunal made under subsection 10(2), may file in the Federal Court for immediate registration a copy of the decision or order, exclusive of any reasons given for it, but the decision or order shall not be filed until at least thirty days after the day on which the decision or order was made.
Marginal note:Effect of filing
(2) On filing in the Federal Court, a decision or order shall be registered in that Court and, when registered, it shall have the same force and effect, and all proceedings may be taken, as if the decision or order were a judgment obtained in that Court.
Marginal note:Staying filing
(3) The Tribunal may make an order staying the filing in the Federal Court of any order pending its review by the Tribunal.
(4) In subsection (1), the expression “order of the Board” includes an order as varied by the Tribunal, but does not include an order made by a decision that has been cancelled by the Tribunal.
- R.S., 1985, c. 20 (4th Supp.), s. 11;
- 1995, c. 40, s. 35.
- Date modified: