Rules of the Board of Arbitration (Agriculture and Agri-Food) (SOR/2000-306)

Regulations are current to 2017-09-27

Rules of the Board of Arbitration (Agriculture and Agri-Food)

SOR/2000-306

CANADA AGRICULTURAL PRODUCTS ACT

Registration 2000-07-27

Rules of the Board of Arbitration (Agriculture and Agri-Food)

P.C. 2000-1125  2000-07-27

The Board of Arbitration continued by subsection 4(1)Footnote a of the Canada Agricultural Products ActFootnote b, pursuant to subsection 8(3)Footnote c of that Act, hereby makes the annexed Rules of the Board of Arbitration (Agriculture and Agri-Food).

Ottawa, July 4, 2000

Her Excellency the Governor General in Council, on the recommendation of the Minister of Agriculture and Agri-Food, pursuant to subsection 8(3)Footnote c of the Canada Agricultural Products ActFootnote b, hereby approves the making of the annexed Rules of the Board of Arbitration (Agriculture and Agri-Food) by the Board of Arbitration.

Interpretation

Marginal note:Definitions
  •  (1) The definitions in this section apply in these Rules.

    Act

    Loi

    Act means the Canada Agricultural Products Act. (Loi)

    complainant

    plaignant

    complainant means a person who files a complaint under subsection 9(1) of the Act. (plaignant)

    defendant

    défendeur

    defendant means a person against whom a complaint is filed under subsection 9(1) of the Act. (défendeur)

    party

    partie

    party means a complainant, a defendant or an intervenor. (partie)

    Secretary

    secrétaire

    Secretary means the Secretary of the Board. (secrétaire)

  • Marginal note:Interpretation

    (2) These Rules are to be liberally construed in order to permit the fairest, least expensive and most expeditious way of resolving complaints.

Rules of General Application

Marginal note:Procedural matters not provided for

 If any question of procedure arises during a proceeding that is not covered, or not fully covered, in these Rules, the Board must decide the question in a manner that is consistent with these Rules.

Marginal note:Unfairness

 If the application of any of these Rules would cause unfairness to a party during the complaint process, the Board may waive compliance with that rule.

Marginal note:Technical defects

 A defect in form or a technical irregularity may be overlooked by the Board.

Marginal note:Calculating periods

 In calculating periods under these Rules, all days must be counted except that, if the time ends on a Saturday, Sunday or other statutory holiday, the time must be extended until the next business day.

Marginal note:Extension of time limits

 The Board may extend the time limits fixed in these Rules either before or after the end of the time limits fixed.

Marginal note:Public nature of filed documents
  •  (1) A document filed with the Board by a party must be treated as a public document unless the party requests that the document be treated as confidential.

  • Marginal note:Request for confidential treatment

    (2) Reasons must be given for the request that a document be given confidential treatment and, if it is alleged that disclosure would cause harm to the party, the reasons must include details of the nature and extent of the harm.

Marginal note:Documents to be in duplicate
  •  (1) Any documents sent to the Board must be sent in duplicate.

  • Marginal note:Submitting documents to the Board

    (2) All documents required to be submitted to the Board must be submitted by hand or by mail, registered mail, courier or facsimile.

  • Marginal note:Faxes sent to the Board

    (3) The original and a copy of any document sent by facsimile must be sent by mail without delay after the facsimile transmission.

Marginal note:Filed information to be sent to parties

 The Board is responsible for ensuring that copies of all documents submitted to it by a party are sent to the other parties.

Marginal note:Communications by the Board

 Written communications by the Board may be delivered by hand or sent by registered mail, courier or facsimile.

Marginal note:Change of address or fax number

 A party must without delay notify the Board of a change of facsimile number or address.

Marginal note:Teleconference

 The Board may meet by teleconference for all purposes except for conducting hearings.

Marginal note:Representation of parties

 A party may be represented by counsel or by an agent authorized in writing.

Marginal note:In camera hearings
  •  (1) A hearing before the Board may, on the request of any complainant or defendant, be held in camera if that party establishes to the satisfaction of the Board that the circumstances of the case so require.

  • Marginal note:Exclusion of witnesses

    (2) The Board may order a witness at a hearing to be excluded from the hearing until called to give evidence.

Marginal note:Taking notice

 The Board may take notice of any matter in order to expedite any proceeding.

Marginal note:Impartiality of Board member
  •  (1) If a party is of the opinion that a member of the Board is not in a position to act impartially, that party must without delay notify the Board in writing, stating the reason for that opinion.

  • Marginal note:Exclusion of Board member

    (2) If the Board is of the opinion that the reason given by that party is valid, the Board must exclude the member from consideration of the complaint.

Marginal note:Conflict of interest

 If the Board is of the opinion that a member of the Board is in a conflict of interest in relation to a complaint, the Board must exclude the member from consideration of the complaint.

Complaint

Marginal note:Filing complaint

 A complaint must be filed with the Secretary together with copies of all relevant documents and a statement as to whether or not the complainant requests that a hearing be held.

Marginal note:Complaint to be signed

 The complaint must be signed by the complainant or the complainant’s counsel or agent. If an agent signs the complaint, a copy of the complainant’s written authorization of the agent must be filed with the complaint.

Marginal note:Contents of complaint

 The complaint must contain the following information:

  • (a) a precise statement of the facts and the grounds on which the complaint is based and, if possible, stating the provision of the regulations made under the Act that the defendant allegedly failed to comply with;

  • (b) the name, address, telephone and facsimile numbers of the defendant and of any agent representing the defendant in the transaction;

  • (c) the quantity, quality or grade of each kind of agricultural product shipped;

  • (d) the dates of shipment and arrival;

  • (e) the identification of any shipping vehicles;

  • (f) the shipping and destination points; and

  • (g) the nature of the order requested and the amount of compensation requested.

Marginal note:Additional information
  •  (1) The Secretary, after reviewing the complaint and all supporting documentation, may require the complainant to file additional information within the period fixed by the Secretary.

  • Marginal note:Consequence of not providing information

    (2) If the complainant does not provide the additional information requested by the Secretary within the period fixed by the Secretary and fails to provide a reasonable excuse for the non-compliance, the Board may proceed with the complaint based on the information already filed with it.

Marginal note:Inappropriate complaints

 If the Board is of the opinion that the complaint on its face is frivolous or vexatious or does not disclose a valid basis, the Board must declare the complaint inappropriate for consideration by the Board and so advise the complainant.

Marginal note:Notification of defendant

 Unless the complaint is declared inappropriate for consideration by the Board, the Secretary must send to the defendant a copy of the complaint and copies of all documents submitted with it.

 
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