NFPMC General Rules of Procedure (SOR/82-641)

Regulations are current to 2016-11-21

NFPMC General Rules of Procedure

SOR/82-641

FARM PRODUCTS AGENCIES ACT

Registration 1982-06-25

Rules Of Procedure of the National Farm Products Marketing Council with Regard to the Conduct of Hearings under Section 8 of the Act

Whereas in accordance with section 10 of the Farm Products Marketing Agencies ActFootnote * the Council desires to make rules of procedure to govern the conduct of hearings; and

Whereas the Council desires, through its procedures to achieve the following objectives:

  • (a) to ensure that Council proceedings are of sufficient focus and depth to permit the highest possible quality of decision making;

  • (b) to assist signatories to a national marketing plan agreed upon in a Federal-Provincial Agreement to be made aware of and deal effectively with Council concerns in respect of specific proceedings and on an ongoing basis;

  • (c) to facilitate involvement of the public in the regulatory process through a system that allows for a sufficient measure of informality to ensure public access and contributions;

  • (d) to increase the capacity of interveners to participate at hearings in an informed way; and

  • (e) to minimize unnecessary delay in the regulatory process.

Therefore, the National Farm Products Marketing Council, pursuant to section 10 of the Farm Products Marketing Agencies Act, hereby makes the annexed Rules of Procedure of the National Farm Products Marketing Council with regard to the conduct of hearings under section 8 of the Act.

Dated at Ottawa, Ontario, this 25th day of June, 1982

Short Title

 These Rules may be cited as the NFPMC General Rules of Procedure.

Interpretation

 In these Rules,

Act

Act means the Farm Products Agencies Act; (Loi)

affidavit

affidavit includes a written affirmation; (affidavit)

applicant

applicant means a party who submits an application or is so designated by the Council as such; (requérant)

application

application includes any application to the Council for the making of an order with respect to any matter relating to the objects of the Council as described in the Act and a Federal-Provincial Agreement or any matter relating to a complaint; (requête)

chairman

chairman means any person designated by the Council to act as the chairman of a hearing; (président)

complaint

complaint means a complaint received by the Council under paragraph 7(1)(f) of the Act; (plainte)

Federal-Provincial Agreement

Federal-Provincial Agreement means an agreement entered into pursuant to section 32 of the Act; (accord fédéral-provincial)

hearing

hearing means a public hearing held pursuant to section 8 of the Act; (audience)

interrogatory

interrogatory means any written request by a party for information or particulars made to another party that is answered in writing by that other party; (interrogatoire)

intervener

intervener means a person or party who files a statement in accordance with section 16; (intervenant)

intervention

intervention means a statement filed by an intervener in accordance with subsection 16(2); (intervention)

party

party means any party whether an applicant, intervener, or any other interested person including a corporation that is so named or designated by the Council as a party in relation to a hearing; (partie)

proceeding

proceeding means any inquiry, hearing or other procedure commenced by an application or a complaint to the Council or initiated by the Council of its own motion by a notice in accordance with section 9 of the Act; (instance)

Secretary

Secretary means

  • (a) a person designated by the Council to act on its behalf in organizing the conduct of a proceeding, and

  • (b) the person who acts as secretary at a hearing. (Secrétaire)

Application of Rules

  •  (1) Subject to the Act and the regulations, these Rules apply to every proceeding before the Council held pursuant to section 8 of the Act.

  • (2) The Council may, in any proceeding, direct either orally or in writing that a specified Rule shall not apply to that proceeding and may, during the proceedings make other Rules for the purpose of ensuring the expeditious conduct of the business of the Council and that proceeding.

Holiday

 Whenever a time limit or deadline for the doing of a thing under these Rules falls on a Saturday or holiday, the thing may be done on the day next following that is not a holiday.

Applications

  •  (1) Every applicant shall file with the Secretary an application in writing signed by himself or his agent.

  • (2) Every application filed pursuant to subsection (1) shall

    • (a) contain a clear and concise statement of the facts, the grounds of the application on which the applicant relies and the nature of the order applied for or decision requested;

    • (b) be divided into consecutively numbered paragraphs each of which shall be confined as nearly as possible to a separate and distinct subject-matter and portion of the application;

    • (c) set out the name, address and telephone number of the applicant or the applicant’s agent;

    • (d) be signed by the applicant or his agent;

    • (e) where it is signed by an agent of the applicant, be accompanied by a copy of the document that authorizes the agent to act on behalf of the applicant;

    • (f) contain a list of any documents that explain or support the application;

    • (g) designate a place where the application may be made available for public inspection; and

    • (h) be filed with the Council in triplicate together with a copy of the documents listed in paragraph (f).

Additional Information

 At any time after the filing of an application and before the disposition thereof by the Council, the Council may require any party to furnish the Council with such other information or documents as the Council requires to enable it to obtain a full and satisfactory understanding of the application, reply, intervention or submission.

Form of Documents

  •  (1) All applications, reply, interventions, submissions or other documents made or submitted by any party in connection with any proceeding shall, unless special circumstances otherwise require, be of the uniform size of 21.5 cm wide by 28 cm long and be typewritten on only one side of the page.

  • (2) Notwithstanding subsection (1), a complaint made pursuant to section 12 may be in any form.

  • (3) The style of cause for each proceeding shall consist of the name of the applicant followed by a short phrase summarizing the nature of the order or decision sought.

  • (4) Where an applicant referred to in subsection (3) carries on its undertaking in the name of a department, committee or division of the company, the name of the department, committee or division, as the case may be, may be substituted for that of the applicant for the purposes of any proceeding, except where a reference is intended to apply to the entire undertaking of the applicant.

Processing of Applications

  •  (1) Where an application does not meet the requirements of these Rules, the Secretary shall notify the applicant of the deficiencies in the application and the application shall not be considered until it is in a form satisfactory to the Council and otherwise meets the requirements of these Rules.

  • (2) Where an application is in a form satisfactory to the Council and otherwise meets the requirements of these Rules and the Council proposes to hold a hearing in respect of the application, the Secretary shall

    • (a) set the application down for hearing at such date and place as the Council directs; and

    • (b) publish a notice of the application, in such form as may be prescribed by the Council,

      • (i) in the Canada Gazette not less than 30 days before the day fixed for the commencement of the hearing, and

      • (ii) in one or more newspapers and farm journals in general circulation throughout Canada and in particular in those areas of Canada where, in the opinion of the Council, there are persons who are likely to be interested in the matters to be considered at the hearing.

Expedited Proceedings

  •  (1) On or after the filing of an application, the applicant or any party who has filed a submission intervening in the application may apply in writing to the Council for an expedited proceedings order.

  • (2) A copy of an application for an expedited proceedings order and such other documents and information as the Council may prescribe, together with an order of the Council setting out the persons to be served, shall be served on such persons within such time as is specified in the order.

  • (3) Notice of an application for an expedited proceedings order in a form prescribed by the Council shall be given to such persons and in such manner as the Council directs.

  • (4) A person who has been served with an order pursuant to subsection (2) and who intends to oppose or intervene in the application shall, within the time specified in the order of the Council, file with the Council and serve on the applicant his reply or submission.

  • (5) A person who has been notified pursuant to subsection (3) and who intends to oppose or intervene in the application shall, within such time as is fixed by the Council in the notice, file with the Council and serve upon the applicant his reply or submission.

  •  (1) Where an application is filed pursuant to subsection 9(1), the Council may make an expedited proceedings order.

  • (2) Where the Council makes an expedited proceedings order, in hearing and determining the application to which the order relates, oral evidence relating to the application or relating to a reply or submission respecting the application shall not be presented to the Council unless the Council otherwise directs.

 
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