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

Regulations are current to 2013-04-29

INTERVENTION

Marginal note:Request to intervene

 At any time after the Secretary sends the complaint to the defendant, and before a hearing is scheduled for the complaint, any person, other than the complainant or the defendant, who has a direct financial interest in the proceedings may request to intervene by sending the Secretary a request in writing.

Marginal note:Content of request
  •  (1) A request to intervene must describe the person’s financial interest in the proceedings, contain a precise statement of the facts and grounds that form the basis of the intervention and be accompanied by copies of any relevant documents.

  • Marginal note:Request to be signed

    (2) The request must be signed by the person or the person’s counsel or agent. If an agent signs the request, a copy of the person’s written authorization of the agent must be filed with it.

Marginal note:Request accepted

 If the Board is satisfied that the person has a direct financial interest in the proceedings and that the intervention would be useful to the proceedings, the Secretary must authorize the intervention and send to the other parties copies of the material submitted by the person.

Marginal note:Request denied

 If the Board does not authorize the intervention of a person, the Secretary must return the material to that person.

CONSIDERATION OF COMPLAINT

Marginal note:Notice of hearing

 If the complainant or defendant has requested a hearing, the Secretary must set a date, time and place for the hearing and must, in writing, notify the parties of that date, time and place.

Marginal note:Confirmation of presence
  •  (1) Within 30 days after a party receives the notice of hearing, the party must notify the Board in writing as to whether they intend to attend the hearing or whether they intend to present evidence and make arguments in writing.

  • Marginal note:Statement of evidence

    (2) A party that indicates that they will attend the hearing, must also, within 30 days after receiving the notice of hearing, provide the Board with a written statement of the names of the party’s witnesses and the general nature of their evidence.

  • Marginal note:Statements to be given to parties

    (3) The Secretary must send a copy of the statement provided by a party under subsection (2) to the other parties.

Marginal note:Request for summons
  •  (1) Within 30 days after a party receives the notice of hearing, the party may request that the Board issue a summons requiring any person to appear at the hearing to give evidence, or to produce any documents, relative to the subject-matter before the Board.

  • Marginal note:Content of the request

    (2) The request must indicate why the evidence or documents would be relative to the subject-matter before the Board.