Pesticide Residue Compensation Act (R.S.C., 1985, c. P-10)

PART IICompensation Appeals

Assessor

Marginal note:Assessor and Deputy Assessors

• 14 (1) The Governor in Council may, from among the judges of the Federal Court and the judges of the superior, district or county courts of the provinces, appoint an Assessor and the number of Deputy Assessors that the Governor in Council considers necessary to hear and determine appeals from compensation awards made under this Act or under any other Act to which this Part is made applicable and, subject to this Act, may prescribe their jurisdiction.

• Marginal note:Acting assessor

  (2) The Governor in Council may appoint from among the judges referred to in subsection (1) an acting assessor, who shall act in the place of the Assessor in the event of his absence or incapacity.

• Marginal note:Deputy Assessor

  (3) The Assessor may designate a Deputy Assessor to hear and determine any appeal under this Part.

• Marginal note:Idem

  (4) In sections 16 and 17, the term “Assessor” includes a Deputy Assessor.

Marginal note:Appeals

• 15 (1) An appeal may be brought to the Assessor by a farmer referred to in subsection 3(1) where the compensation awarded to the farmer is less than the maximum compensation prescribed under this Act or where no compensation is awarded to the farmer, on the ground that the amount of compensation awarded or the failure to award compensation was unreasonable.

• Marginal note:Time limit for bringing appeals

  (2) An appeal to the Assessor shall be brought within three months from the date the farmer receives notification of the decision or the compensation that is the subject of the appeal or within such longer period as the Assessor may in any case for special reasons allow.

Marginal note:Powers of Assessor

• 16 (1) On the hearing of an appeal brought pursuant to this Part, the Assessor may

  • (a) confirm the decision of the Minister;

  • (b) subject to any maximum amount of compensation prescribed pursuant to this Act and applicable to the loss in respect of which the appeal is brought, vary the decision of the Minister; or

  • (c) refer the matter back to the Minister for such further action as the Assessor may direct.

• Marginal note:Costs

  (2) In any proceedings under this Part costs may be awarded to or against the Minister.

• Marginal note:Decisions final

  (3) The decision of the Assessor on any appeal brought pursuant to this Part is final and conclusive and not subject to appeal to or review by any court.

Marginal note:Sittings and hearings

• 17 (1) The Assessor may sit and hear appeals at any place or places, and shall arrange for sittings and hearings as may be required.

• Marginal note:Expenses

  (2) The Assessor is entitled to be paid travel allowances in accordance with section 34 of the Judges Act.

Marginal note:Procedure

18 The Governor in Council may make such rules respecting the conduct of appeals and the procedure for the bringing of appeals as the Governor in Council deems necessary to enable the Assessor to discharge the Assessor’s duties under this Act.

Marginal note:Registrar

19 The Governor in Council may appoint a registrar of appeals and such other persons as the Governor in Council considers necessary to carry out the purposes of this Part.