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PESTICIDE RESIDUE COMPENSATION ACTAssessor’s Rules of ProcedureP.C.2003-1209  20038
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Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 18a of the Pesticide Residue Compensation Actb, hereby makes the annexed Assessor’s Rules of Procedure.S.C. 1990, c. 8, s. 62S.C. 2001, c. 4, s. 113Interpretation
DefinitionsThe following definitions apply in these Rules.Act means the Pesticide Residue Compensation Act. (Loi)appellant means a person who brings an appeal under section 15 of the Act. (appelant)Assessor means the Assessor, acting assessor or Deputy Assessor appointed under section 14 of the Act. (évaluateur)business day means a day other than a Saturday or a Sunday or other holiday. (jour ouvrable)Minister[Repealed, SOR/2007-104, s. 1]Registrar means a registrar of appeals appointed under section 19 of the Act. (greffier)InterpretationThese Rules are to be liberally construed in order to permit the fairest, least expensive and most expeditious proceedings.SOR/2007-104, s. 1
General
Procedural matters not provided forIf any question of procedure arises during a proceeding that is not covered, or not fully covered, in these Rules, the Assessor must decide the question in a manner that is consistent with these Rules and with the principles of procedural fairness and natural justice.
UnfairnessIf the application of any Rule would cause unfairness to a party, the Assessor may waive compliance with the Rule.
Technical defectsA defect in form or a technical irregularity may be overlooked by the Assessor.SOR/2007-104, s. 2(F)
Taking noticeThe Assessor may take judicial notice of any matter and receive and accept any evidence and other information that the Assessor determines will assist in the resolution of the issues.SOR/2007-104, s. 2(F)
Calculating time limitsSubject to subsection (2), in calculating time limits under these Rules, all days must be counted, except that if a time limit ends on a Saturday or a Sunday or other holiday, the time limit must be extended until the next business day.Five-day time limitsIf a time limit is five days, a Saturday or a Sunday or other holiday must not be included in the calculation of the time limit.
Extension of time limitsIf adhering to a time limit fixed by these Rules would cause unfairness to a party, the Assessor may extend the time limit either before or after the end of the time limit.
Production of documentsAny party to an appeal may give a notice in writing to any other party to the appealto provide to the party giving notice, or make available for inspection by the party giving notice, any document in the possession of the other party, or to which the other party has access, that is intended to be used in evidence by the other party at the hearing; andto permit the party giving notice to make photocopies of any documents referred to in paragraph (a).Time limits for noticeThe notice must be given at least 21 days before the date fixed for the hearing and the documents must be provided or made available for inspection within 10 days after the receipt of the notice.Copy for the RegistrarThe party giving the notice must at the same time send a copy of the notice to the Registrar.Varying time limitsThe periods of time referred to in subsection (2) may be varied by agreement between the parties or by order of the Assessor.Order to provide or make availableIf the party to whom the notice is given fails to comply with the notice, the party giving the notice may apply to the Assessor for an order directing the party to whom notice was given to provide the requested documents or make them available for inspection.SOR/2007-104, s. 3
Public nature of filed documentsA document filed with the Assessor by a party to an appeal is a public document unless the party requests that the document be treated as confidential.Request for confidential treatmentA request that a document be treated as confidential must provide reasons for the request, including details of the nature and extent of the harm that disclosure of the document would cause to the party making the request.Decision to grant requestThe Assessor must grant a party’s request for confidential treatment if the Assessor considers that disclosure of the document would cause harm to the party.
Documents to be in duplicateAny documents sent to the Registrar or the Assessor must be sent in duplicate.Submitting documents to the Registrar or AssessorDocuments may be submitted to the Registrar or the Assessor by hand or by registered mail, courier or facsimile.Facsimiles sent to the Registrar or AssessorThe original of any document sent by facsimile must be sent by mail without delay after the facsimile transmission.
Information to be sent to partiesThe Registrar must ensure that copies of all documents submitted to the Registrar by a party are sent to the other parties.
Correspondence sent by the Registrar or AssessorAll correspondence sent by the Registrar or Assessor may be sent by facsimile as long as the original is sent by mail without delay.SOR/2007-104, s. 4
Change of address or facsimile numberA party to an appeal must notify the Registrar without delay of a change of address or facsimile number.
Appeals
Request for appeal hearingA person who wishes to appeal to the Assessor must provide the Registrar with a notice of appeal. The notice must state the reasons for the appeal and must indicate the language in which the appellant wishes the appeal to be heard.Notice to be signedThe notice of appeal must be signed by the appellant or the appellant’s counsel or representative. If a representative signs the notice, a copy of the appellant’s written authorization of the representative must be filed with the notice.
Copy to be sent to MinisterThe Registrar must send a copy of the notice of appeal to the Minister within five days after receiving it.
Minister to send informationWithin 30 days after the day on which the Minister receives a copy of the notice of appeal, the Minister must send to the Registrar the following documents:the decision or award of compensation being appealed;the evidence on which the Minister relied to reach the decision or award of compensation being appealed; andthe Minister’s reply to the notice of appeal, admitting or denying any facts alleged in the notice of appeal and containing a statement of any facts on which he or she intends to rely.
Minister’s documents to be sent to other partiesOn receipt of the documents required by section 16, the Registrar must, without delay,forward a copy of each of them to the appellant; andgive notice in writing to the parties other than the Minister that they have 30 days after the date of the notice to submit any additional information or representations.Information or representations received from other parties to be sent to MinisterOn receipt of any additional information or representations from the other parties, the Registrar must forward a copy of the information or representations to the Minister without delay.SOR/2007-104, s. 5
ConsolidationIf there is a common question of fact in two or more appeals for which Notices of Appeal have been filed in accordance with these Rules, the Assessor may, on his or her own motion or on application by a party, orderthat the appeals be consolidated on such terms as the Assessor may direct;that the appeals be heard at the same time;that the appeals be heard consecutively; orthat any of the appeals be stayed until the determination of any of the other appeals.
Withdrawal of appealAn appellant may withdraw a notice of appeal at any time by notifying the Registrar in writing to that effect.Notification of partiesOn receipt of the notice of withdrawal, the Registrar must without delay notify all other parties to the appeal.
Time and place for hearingThe Assessor must fix the time and place for the hearing of the appeal, which must not be earlier than 30 days, and not later than 60 days, after the period referred to in subsection 17(1).Notification of partiesThe Registrar must notify the parties to the appeal of the time and place for the hearing of the appeal at least 25 days before the date of the hearing.
Conduct of an Appeal
Representation of partiesA party to an appeal may be represented by counsel or by another representative authorized in writing.
In camera hearingsA hearing of an appeal before the Assessor may, on the request of any party, be held in camera if the Assessor is satisfied that the party has established that the circumstances so require.Exclusion of witnessesThe Assessor may order a witness at a hearing to be excluded from the hearing until called to give evidence.
Recording of hearingsThe hearing of an appeal must be recorded.
Order of proceedingUnless the order of proceeding has been agreed to by all parties to an appeal in advance, the Assessor must establish the order of proceeding at the start of the hearing.
SubpoenaOn receipt of a written request by a party, the Registrar may, on behalf of the Assessor, issue a subpoena for the attendance of a witness or the production of a document or other material at a hearing.Form of subpoenaA subpoena must be in the form set out in the schedule. It may be issued in blank and completed by a party or a party’s counsel or representative.Examination of witnessesWitnesses at a hearing may be examined orally on oath or solemn affirmation.Examination, cross-examination and re-examinationEither party at a hearing is entitled to examine their own witnesses, to cross-examine any witnesses of the other party, and to re-examine their own witnesses.
Affidavit evidenceAffidavit evidence is not admissible without the consent of the party against whom the affidavit evidence is tendered.
Failure to appearIf a party to an appeal does not appear at a hearing and the Assessor is satisfied that notice of the hearing was sent to the party in accordance with section 20, the Assessor may proceed in the party’s absence.
Postponements and adjournmentsA hearing may be postponed or adjourned by the Assessor from time to time on any terms that the Assessor considers appropriate.
DecisionThe Assessor may render a decision orally at the end of the hearing or may render the decision at a later date.Decision in writingThe Assessor’s decision and the reasons for the decision must be in writing. The Registrar must send a copy of the decision and reasons to all parties without delay.
Repeal
Repeal[Repeal]
Coming into Force
Coming into forceThese Rules come into force on the day on which they are registered.
(Subsection 25(2))Subpoena Under the Pesticide Residue Compensation ActTO:You are hereby required under the provisions of the Assessor’s Rules of Procedure to appear personally beforethe ASSESSORat on the day of , 20 at o’clock, to testify the truth according to your knowledge in an appeal pending to the Assessor, in which is the Appellant and the Minister of Health is the Respondent, on the part of You are required to bring with you and to produce at the hearing before the Assessor the following documents or other things: (Delete this paragraph if it is not required.)Registrar of Appeals