Rules of the Review Tribunal (Canada Agricultural Review Tribunal)
P.C. 2015-565 2015-05-07
Pursuant to subsection 8(3)Footnote a of the Canada Agricultural Products ActFootnote b, the Review Tribunal, continued by subsection 4.1(1)Footnote c of that Act, makes the annexed Rules of the Review Tribunal (Canada Agricultural Review Tribunal).
Return to footnote aS.C. 1995, c. 40, s. 32(1)
Return to footnote bR.S., c. 20 (4th Supp.)
Return to footnote cS.C. 1995, c. 40, s. 29
Ottawa, March 27, 2015
His Excellency the Governor General in Council, on the recommendation of the Minister of Agriculture and Agri-Food, pursuant to subsection 8(3)Footnote a of the Canada Agricultural Products ActFootnote b, approves the making of the annexed Rules of the Review Tribunal (Canada Agricultural Review Tribunal) by the Review Tribunal.
PART 1Application and Interpretation
Marginal note:Inconsistency with Acts or regulations
1 In the event of any inconsistency between these Rules and an Act of Parliament or any regulation made under such an Act, that Act or regulation prevails to the extent of the inconsistency.
Definition of holiday
Marginal note:General principle
3 These Rules are to be interpreted and applied in order to permit the just, most expeditious and least expensive conduct of proceedings.
Marginal note:Procedural matters not provided for
4 The Tribunal is to determine any procedural matter not provided for in these Rules in a manner that is consistent with these Rules.
Computation and Extension of Time
Marginal note:Calculation of time limits
5 Any time limit provided by these Rules or fixed by an order of the Tribunal that ends on a holiday is extended to the next day that is not a holiday.
Marginal note:Extension of time limits
6 The Tribunal may extend any time limit fixed in these Rules before or after the end of the time limit.
PART 2Rules Applicable to All Proceedings
Marginal note:Official languages — Tribunal proceedings
7 All Tribunal proceedings are conducted in English or French, depending on the language chosen by the applicant.
Marginal note:Communications with Tribunal
8 (1) A party may use English or French in any oral or written communication with the Tribunal. However, once the applicant has selected a language, all oral and written communications, including in documents and exhibits, must be made in that language, unless the parties consent to do otherwise.
Marginal note:Default language selection
(2) If the applicant does not indicate their choice of official language in their request, all oral and written communications, including in documents and exhibits, must be made in the language in which the request to the Tribunal is made. That language is deemed to be the language for the proceeding.
Marginal note:Oral interpretation
(3) If a party requires interpretation services in order to participate in or have a witness testify at a hearing in the official language in which the proceeding is conducted, the party must, at least seven days before the hearing,
(4) A party who requires interpretation services from a language other than English or French must pay for the costs of those services.
Dispensing with Compliance
Marginal note:Dispensing with compliance
9 If the application of any rule would cause unfairness to a party, the Tribunal may release the party from the obligation of complying with the rule.
Marginal note:Gap in evidence or non-compliance
(2) On request, the Tribunal may permit the party to remedy any gap in its evidence or non-compliance on any conditions that the Tribunal considers just, before the end of the proceedings.
Marginal note:Confidential material
Marginal note:Contents of request
(2) The request must set out
Marginal note:Making of confidential documents and exhibits
(3) Before making an order under subrule (1), the Tribunal must be satisfied that the documents and exhibits are to be treated as confidential, given the public interest in open and accessible proceedings.
Filing and Service
Definition of document
12 For the purposes of rules 15 to 17, document does not include a request for review.
Marginal note:Request for review
13 Any request for review made under section 8, 9 or 11 or subsection 12(2) or 13(2) of the Agriculture and Agri-Food Administrative Monetary Penalties Act that was transmitted by fax or by electronic means must also be sent by registered mail to the Tribunal within 15 days after the day on which they are transmitted.
Marginal note:Requirement to provide current contact information
14 A party must notify the Tribunal of their full name, civic address, mailing address if different from their civic address and at least one of their telephone number, fax number and email address, and of any change in their contact information, without delay.
Marginal note:Manners of filing with Tribunal
Marginal note:Receipt after 5:00 p.m.
(2) A document that is filed with the Tribunal after 5:00 p.m., local time of the place where the sender is located, is considered to have been received on the next day that is not a holiday.
Marginal note:Service on any party
Marginal note:Service to legal counsel or representative
(2) A document may be served on a party who is represented by legal counsel or another duly authorized representative by serving it on that party’s legal counsel or duly authorized representative.
Marginal note:Receipt of service after 5:00 p.m.
(3) A document that is served on a party after 5:00 p.m., local time of the place where the sender is located, is deemed to have been received on the next day that is not a holiday.
Marginal note:Registered mail or courier
Marginal note:Fax or other electronic means
(2) The filing or service of a document by fax or other electronic means is effective on the day on which it is sent.
Marginal note:Ordinary mail
(3) The filing or service of a document by ordinary mail is effective on the day indicated on the postmark stamped on the envelope or, if no postmark is legible, on the day of the receipt.
Representation of Parties
Marginal note:Corporations, partnerships or associations
(2) A corporation, partnership or unincorporated association must be represented by legal counsel or by an officer, partner or member.
Marginal note:Coordinates of counsel or representative
(3) A party who is represented by legal counsel or another duly authorized representative must notify the Tribunal of the legal counsel or representative’s contact information and of any changes to such information within seven days after the day on which the change is made.
Marginal note:Change of counsel or representative
(4) A party may change its legal counsel or representative by notifying the Tribunal of the change and the contact information of the new legal counsel or representative within seven days after the day on which that change is made.
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