Agriculture and Agri-Food Administrative Monetary Penalties Act (S.C. 1995, c. 40)

Act current to 2019-06-20 and last amended on 2019-01-15. Previous Versions

Review Tribunal (continued)

Composition (continued)

Marginal note:Qualifications

 A person is not eligible to be appointed as a member unless the person is knowledgeable about or has experience related to agriculture or agri-food and the Chairperson and at least one other member must, in addition, be a lawyer of at least ten years’ standing at the bar of any province or a notary of at least ten years’ standing at the Chambre des notaires du Québec.

  • 1995, c. 40, s. 28
  • 2012, c. 24, s. 102

Marginal note:Membership

 The Chairperson is to be appointed as a full-time member and the other members are to be appointed as either full-time members or part-time members.

  • 1995, c. 40, s. 29
  • 2012, c. 24, s. 102

Marginal note:Tenure

  •  (1) Each member is to be appointed for a term of not more than five years and holds office during good behaviour, but may be removed by the Governor in Council for cause.

  • Marginal note:Re-appointment

    (2) Each member may be re-appointed as a member in the same or another capacity.

  • 1995, c. 40, s. 30
  • 2012, c. 24, s. 102

Marginal note:No other federal public administration

 A member must not hold any other office in the federal public administration.

  • 1995, c. 40, s. 31
  • 2012, c. 24, s. 102

Marginal note:Conflict of interest

 A member must not accept or hold any office or employment that is inconsistent with the member’s duties or take part in any matter before the Tribunal in which the member has an interest.

  • 1995, c. 40, s. 32
  • 2012, c. 24, s. 102

Chairperson

Marginal note:Duties of Chairperson

  •  (1) The Chairperson apportions work among the Tribunal’s members.

  • Marginal note:Absence or incapacity of Chairperson

    (2) If the Chairperson is absent or unable to act or the Chairperson’s position becomes vacant, the members must designate a member with the legal qualifications described in section 28 to act as Chairperson pending the appointment of a replacement, but no person may so act for a period exceeding 60 days without the approval of the Governor in Council.

  • 1995, c. 40, s. 33
  • 2012, c. 24, s. 102
  • 2014, c. 20, s. 480

Remuneration and Expenses

Marginal note:Remuneration

  •  (1) Each full-time member is to be paid the salary that is fixed by the Governor in Council and each part-time member is entitled to be paid the fees or other remuneration that is fixed by the Governor in Council.

  • Marginal note:Travel and living expenses

    (2) Members are entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred in the performance of their duties and functions while absent from their ordinary place of work, in the case of full-time members, or from their ordinary place of residence, in the case of part-time members.

  • 1995, c. 40, s. 34
  • 2012, c. 24, s. 102

 [Repealed, 2014, c. 20, s. 480]

 [Repealed, 2014, c. 20, s. 480]

Head Office

Marginal note:Head office

  •  (1) The head office of the Tribunal is to be in the National Capital Region as defined in section 2 of the National Capital Act.

  • Marginal note:Sittings

    (2) The Tribunal is to sit at the places in Canada that may be specified by the Governor in Council.

  • 1995, c. 40, s. 37
  • 2012, c. 24, s. 102

Jurisdiction

Marginal note:Tribunal

  •  (1) The Tribunal has sole and exclusive jurisdiction to hear and determine all questions of fact or law in relation to any matter over which it is given jurisdiction under this Act or any other Act of Parliament.

  • Marginal note:Review by Federal Court

    (2) An order of the Tribunal may only be reviewed under the Federal Courts Act.

  • 1995, c. 40, s. 38
  • 2012, c. 24, s. 102

Marginal note:Chairperson

  •  (1) The jurisdiction of the Tribunal in relation to the following matters is to be exercised by the Chairperson:

    • (a) requests under subsection 8(1) or 12(2) for a review in respect of a notice of violation that contains a warning; and

    • (b) requests under paragraph 9(2)(c) or 13(2)(b) for a review in respect of a notice of violation that sets out a penalty of less than $2,000.

  • Marginal note:Other legally qualified members

    (2) The jurisdiction of the Tribunal in relation to a matter referred to in subsection (1) may be exercised, if the Chairperson so directs, by any member of the Tribunal with the legal qualifications described in section 28.

  • 1995, c. 40, s. 39
  • 2012, c. 24, s. 102

Marginal note:Reviews

 Reviews by the Tribunal are to be heard by a single member.

  • 1995, c. 40, s. 40
  • 2012, c. 24, s. 102

Powers

Marginal note:Court of record

  •  (1) The Tribunal is a court of record with an official seal that must be judicially noticed.

  • Marginal note:Examination of witnesses, etc.

    (2) In addition to the powers conferred by subsection (1), the Tribunal has, with respect to the appearance, swearing and examination of witnesses, the production and inspection of documents and other things, the enforcement of its orders and other matters necessary or proper for the due exercise of its jurisdiction, all the powers, rights and privileges that are vested in a superior court of record and, without limiting the generality of the foregoing, it may

    • (a) issue a summons requiring a person

      • (i) to appear at the time and place stated in the summons to testify to all matters within the person’s knowledge relative to any subject matter before the Tribunal, and

      • (ii) to bring and produce any document, book or paper in the person’s possession or under the person’s control relative to that subject matter;

    • (b) administer oaths and examine any person on oath; and

    • (c) during a hearing, receive any evidence that it considers relevant and trustworthy.

  • 1995, c. 40, s. 41
  • 2012, c. 24, s. 102

Rules

Marginal note:Rules

 The Tribunal may, with the approval of the Governor in Council, make rules governing

  • (a) the practice and procedure in respect of hearings;

  • (b) the time and manner in which applications and notices must be made or given; and

  • (c) the work of the Tribunal under this or any other Act of Parliament.

  • 1995, c. 40, s. 42
  • 2012, c. 24, s. 102

General

Marginal note:Consultations

 The members of the Tribunal may consult with other members of the Tribunal in respect of any matter before it.

  • 1995, c. 40, s. 43
  • 2012, c. 24, s. 102

Marginal note:Rules of evidence

 The Tribunal is not bound by any legal or technical rules of evidence in conducting any matter that comes before it. It must deal with matters that come before it as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit.

  • 1995, c. 40, s. 44
  • 2012, c. 24, s. 102

Marginal note:Privileged evidence not receivable

 The Tribunal is not entitled to receive or accept as evidence anything that would be inadmissible in a court by reason of any privilege under the law of evidence.

  • 1995, c. 40, s. 45
  • 2012, c. 24, s. 102
 
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