Proceedings

General

Marginal note:Proceedings public
  •  (1) Proceedings of the Tribunal are public.

  • Marginal note:In camera proceedings

    (2) The Tribunal may order that a proceeding be held in camera at the request of any party if the party satisfies the Tribunal that the circumstances of the case warrant the request.

Marginal note:Remote conference

 The Tribunal may order that a hearing, or any other step in a proceeding, be conducted in whole or in part by teleconference, videoconference or any other form of electronic communication.

Marginal note:Affidavit evidence
  •  (1) A party may present evidence by affidavit by serving the affidavit on the other party and filing it with the Tribunal,

    • (a) in the case of a proceeding by written submissions, within 30 days after the expiry of the time limits set out in rules 36 or 52; or

    • (b) in the case of a proceeding by oral hearing, at least 15 days before the hearing date.

  • Marginal note:Availability of deponents

    (2) A party who intends to present evidence by affidavit must ensure that the deponent of the affidavit is available for cross-examination. The timing of the cross-examination is to be decided on the parties’ mutual consent or, if the parties do not consent, by the Tribunal.

  • Marginal note:Transcript of cross-examination

    (3) A party who cross-examines the deponent of an affidavit must file the transcript of the cross-examination with the Tribunal within seven days after the day on which the cross-examination takes place.

Marginal note:Taking notice

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

Hearings

Marginal note:Order of proceeding

 The Tribunal establishes the order of proceeding at the start of the oral hearing.

Marginal note:Exclusion of witnesses
  •  (1) The Tribunal may order witnesses to be excluded from the hearing while the other witnesses are called to give evidence.

  • Marginal note:Recording of hearings

    (2) Hearings before the Tribunal may be recorded.

Marginal note:Oath or solemn affirmation
  •  (1) A person to be examined on an oral examination must take an oath or make a solemn affirmation before being examined.

  • Marginal note:Examination, cross-examination and re-examination

    (2) A party at a hearing is entitled to examine their own witnesses, cross-examine any witnesses of the other party and re-examine their own witnesses on matters raised in cross-examination.

Impartiality and Conflict of Interest

Marginal note:Parties raising bias or conflict of interest
  •  (1) A party that believes that a member of the Tribunal is not in a position to act impartially in a matter or is in a conflict of interest must immediately give written notice to the Tribunal, stating the reason for the opinion.

  • Marginal note:Decision within seven days of notice

    (2) The Chairperson of the Tribunal must issue a decision within seven days after the day on which he or she receives a notice under subrule (1).

  • Marginal note:Contents of decision

    (3) If the Chairperson determines that the member that was the subject of the notice is not in a position to act, the Chairperson must

    • (a) exclude the member from the matter; and

    • (b) give any directions that he or she considers necessary for the matter to be reconvened with a differently constituted Tribunal or order a new hearing.

Marginal note:Tribunal member raising bias or conflict of interest

 If a member of the Tribunal feels that he or she is not in a position to act impartially or cannot review a matter due to a conflict of interest, the Chairperson must direct that the matter be reconvened with a differently constituted Tribunal or order a new hearing.

PART 3Review of Notices of Violation

Marginal note:Application

 This Part applies to all proceedings before the Tribunal initiated as a result of a request made in accordance with the Agriculture and Agri-Food Administrative Monetary Penalties Regulations or the Agriculture and Agri-Food Administrative Monetary Penalties Regulations Respecting the Pest Control Products Act and Regulations under subsection 8(1), paragraph 9(2)(c) or paragraph 11(1)(b) of the Agriculture and Agri-Food Administrative Penalties Act.

Marginal note:Acknowledgement of receipt

 Within seven days after the day on which the Tribunal receives a request referred to in rule 28, the Tribunal must send

  • (a) an acknowledgement of receipt of the request for review to the applicant; and

  • (b) an acknowledgement of receipt of the request for review, along with a copy of the request for review, to the competent minister in relation to the violation or his or her delegated representative.

Marginal note:Tribunal file

 Within 15 days after the day on which the acknowledgement of receipt is sent, the Minister or his or her delegated representative must file with the Tribunal

  • (a) proof of service of the notice of violation that is the subject of the review; and

  • (b) a statement that there is no monetary penalty set out by the notice of violation or, if there is one, that it has not already been paid by the applicant.

Marginal note:Addendum

 Within 15 days after the day on which a request referred in rule 28 is made, unless the following information is already contained in the applicant’s request for review, the applicant must file with the Tribunal an addendum containing the following information:

  • (a) the applicant’s 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;

  • (b) if the applicant is represented by a representative, written authority from the applicant for the representative to so act, as well as the representative’s 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;

  • (c) if the applicant is represented by legal counsel, 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;

  • (d) the applicant’s reasons for the request, other than defences that are not allowed under subsection 18(1) of the Agriculture and Agri-Food Administrative Penalties Act, along with any supporting documents;

  • (e) the applicant’s choice of official language for the proceeding; and

  • (f) a complete copy of the notice of violation issued by the Canadian Food Inspection Agency, Health Canada or the Canada Border Services Agency that is being challenged.

Marginal note:Order on admissibility
  •  (1) The Tribunal must make a decision on the admissibility of a request for review within 60 days after the day on which the acknowledgement of receipt of the request is sent to the parties, and send that decision to the parties in writing without delay.

  • Marginal note:Grounds to consider

    (2) The Tribunal must, in coming to its decision on admissibility, consider any relevant factor, including whether

    • (a) the Minister or his or her delegated representative has complied with all of the requirements of rule 30; and

    • (b) the applicant has complied with all of the requirements of rule 31.

Marginal note:Minister’s report

 The Minister or his or her delegated representative must, within 30 days after the day on which the Tribunal decides that the request for review is admissible,

  • (a) serve on the applicant a report containing any information relating to the violation, along with any supporting documents, and, if applicable, a written confirmation of the Minister’s refusal of the request to enter into a compliance agreement made under paragraph 9(2)(a) of the Agriculture and Agri-Food Administrative Monetary Penalties Act; and

  • (b) file the report, any supporting documents and, if applicable, the written confirmation of the refusal set out in paragraph (a), along with proof that the report, supporting documents and, if applicable, the written confirmation of the refusal set out in paragraph (a) have been served on the applicant, with the Tribunal.

 
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