Rules of the Review Tribunal (Canada Agricultural Review Tribunal)

SOR/2015-103

CANADA AGRICULTURAL PRODUCTS ACT

Registration 2015-05-08

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).

Ottawa, March 27, 2015

DONALD BUCKINGHAM
Chairperson of the Review Tribunal

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

Application

Marginal note:Inconsistency with Acts or regulations

 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.

Interpretation

Definition of holiday

 In these Rules, holiday means a Saturday, Sunday or any other day defined as a holiday in subsection 35(1) of the Interpretation Act.

Marginal note:General principle

 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

 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

 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

 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

Official Languages

Marginal note:Official languages — Tribunal proceedings

 All Tribunal proceedings are conducted in English or French, depending on the language chosen by the applicant.

Marginal note:Communications with Tribunal
  •  (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,

    • (a) notify the Tribunal of the requirement in writing; and

    • (b) indicate whether the party requires interpretation services from a language other than English or French.

  • Marginal note:Costs

    (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

 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
  •  (1) The Tribunal may draw the attention of a party to any gap in the evidence of its case or any non-compliance with these Rules.

  • Marginal note:Remedy

    (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.

Confidential Material

Marginal note:Confidential material
  •  (1) On request, the Tribunal may order that documents and exhibits that are to be filed be treated as confidential.

  • Marginal note:Contents of request

    (2) The request must set out

    • (a) the reasons for the confidential treatment of the documents and exhibits; and

    • (b) the nature and extent of potential harm that could result from the disclosure of the documents and exhibits.

  • 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

 For the purposes of rules 15 to 17, document does not include a request for review.

Marginal note:Request for review

 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

 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
  •  (1) A document may be filed with the Tribunal in any of the following manners:

    • (a) by hand delivery to the Tribunal’s head office;

    • (b) by registered mail to the Tribunal’s mailing address;

    • (c) by courier to the Tribunal’s mailing address;

    • (d) by fax or other electronic means to the Tribunal; or

    • (e) by ordinary mail to the Tribunal’s mailing address.

  • 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
  •  (1) A document may be served on a party in any of the following manners:

    • (a) by hand delivery to the person that is the party;

    • (b) by registered mail to the party’s mailing address;

    • (c) by courier to the party’s mailing address;

    • (d) by fax or other electronic means to the party; or

    • (e) by ordinary mail to the party’s mailing address.

  • 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
  •  (1) The filing or service of a document by registered mail or courier is effective on the day indicated on the receipt issued by the post office or courier service, as the case may be.

  • 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:Individuals
  •  (1) An individual may act in person or be represented by legal counsel or by another duly authorized representative.

  • 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.

 
Date modified: