Interpretation

Marginal note:Definitions

• 1 (1) The definitions in this subsection apply in these Rules.

  appellant

  appelant

  appellant means a person who applies under the Canada Agricultural Products Act for a review by the Tribunal of a decision of the Board made under that Act. (appelant)

  applicant

  requérant

  applicant means a person who requests a review by the Tribunal under the Agriculture and Agri-Food Administrative Monetary Penalties Act. (requérant)

  respondent

  intimé

  respondent means a person against whom an application is made under the Canada Agricultural Products Act for a review by the Tribunal of a decision of the Board made under that Act. (intimé)

• Marginal note:Interpretation

  (2) These Rules are to be liberally construed in order to permit the fairest, least expensive and most expeditious procedures.

PART 1Rules of General Application

Marginal note:Procedural matters not provided for

2 If any question of procedure arises during a proceeding that is not covered, or not fully covered, in these Rules, the Tribunal must decide the question in a manner that is consistent with these Rules.

Marginal note:Unfairness

3 If the application of any rule would cause unfairness to a party, the Tribunal may avoid compliance with the rule.

Marginal note:Technical defects

4 A defect in form or a technical irregularity may be overlooked by the Tribunal.

Marginal note:Calculating time limits

• 5 (1) Subject 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, Sunday or other statutory holiday, the time limit must be extended until the next business day.

• Marginal note:Two-day time limits

  (2) If a time limit is two days, a Saturday, Sunday or other statutory holiday must not be included in the calculation of the time limit.

Marginal note:Extension of time limits

6 The Tribunal may extend the time limits fixed in these Rules either before or after the end of the time limits fixed.

Marginal note:Public nature of filed documents

• 7 (1) A document filed with the Tribunal by a party to a review must be treated as a public document unless the party requests that the document be treated as confidential.

• Marginal note:Request for confidential treatment

  (2) Reasons must be given for the request that a document be given confidential treatment and, if it is alleged that disclosure would cause harm to the party, the reasons must include details of the nature and extent of the harm.

Marginal note:Documents to be in duplicate

• 8 (1) Any documents sent to the Tribunal must be sent in duplicate.

• Marginal note:Submitting documents to the Tribunal

  (2) Except as otherwise provided in subsection 14(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Regulations, all documents required to be submitted to the Tribunal must be submitted by hand or by registered mail, courier or facsimile.

• Marginal note:Faxes sent to the Tribunal

  (3) Except as otherwise provided in subsection 14(3) of the Agriculture and Agri-Food Administrative Monetary Penalties Regulations, the original and a copy of any faxed document must be sent by mail without delay after the facsimile transmission.

Marginal note:Correspondence sent by the Tribunal

9 Subject to paragraph 28(b), section 32, paragraph 40(b) and section 44, all correspondence sent by the Tribunal may be sent by facsimile as long as the original is sent by mail.

Marginal note:Change of address or fax number

10 A party must notify the Tribunal without delay of a change of address or fax number.

Marginal note:Representation of parties

11 A party may be represented by counsel or by an agent authorized in writing.

Marginal note:In camera hearings

• 12 (1) A hearing before the Tribunal may, on the request of any party to the hearing, be held in camera if that party establishes that the circumstances of the case so require.

• Marginal note:Exclusion of witnesses

  (2) The Tribunal may order a witness at a hearing to be excluded from the hearing until called to give evidence.

Marginal note:Recording of hearings

13 All hearings before the Tribunal must be recorded.

Marginal note:Order of proceeding

14 Unless the order of proceeding has been agreed to by all parties in advance, the Tribunal must establish the order of proceeding at the start of the hearing.

Marginal note:Examination of witnesses

• 15 (1) Witnesses at a hearing may be examined orally on oath or affirmation.

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

  (2) Either 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 for clarification.

Marginal note:Taking notice

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

Marginal note:Affidavit evidence

17 Affidavit evidence is not admissible without the consent of the party against whom the affidavit evidence is tendered.

Marginal note:Impartiality of Tribunal member

• 18 (1) If a party is of the opinion that a member of the Tribunal is not in a position to act impartially, that party must without delay notify the Tribunal in writing, stating the reason for the opinion.

• Marginal note:Exclusion of Tribunal member

  (2) The Tribunal must exclude the member if it is of the opinion that the reason given by that party is valid.

Marginal note:Conflict of interest

19 If the Tribunal decides that, due to a conflict of interest, it cannot review a matter, the review must be adjourned until a differently constituted Tribunal can deal with it.

PART 2Review of Board Decisions

Marginal note:Application of Part

20 This Part applies to all proceedings before the Tribunal under the Canada Agricultural Products Act.

Marginal note:Meetings by teleconference

21 The Tribunal may meet by teleconference for all purposes except for conducting hearings.

Marginal note:Request for review

22 An application to the Tribunal for a review of a decision of the Board must be filed with the Registrar of the Tribunal and must set out the reasons for the application.

Marginal note:Notification of Board and respondent

23 Within two days after receiving an application for a review by the Tribunal of a decision of the Board, the Registrar of the Tribunal must

• (a) forward a copy of the application to the Board; and

• (b) notify the respondent that the application has been filed by sending a copy of it, by registered mail, to the respondent.

Marginal note:Report by Secretary of the Board

24 Within 15 days after receiving the copy of the application for a review, the Secretary of the Board must prepare a report, containing all documentation presented to the Board and accepted by it, as well as the Board’s decision, and send a copy of the report to each party and two copies of it to the Tribunal.

Marginal note:Tribunal to contact parties

25 Within two days after receiving the report, the Tribunal must send an acknowledgement letter to each party indicating that the report has been received and that the parties have 30 days after the date of the letter to

• (a) submit any additional information or representations, including any transcript of the Board hearing and any new evidence that was not available at the time of the Board’s hearing; and

• (b) request a hearing.

Marginal note:Filed information available to parties

26 The Tribunal is responsible for ensuring that all information and representations submitted to it are available to all parties.

Marginal note:Pre-hearing conference

• 27 (1) The Tribunal may request its Registrar to arrange a pre-hearing conference if a hearing is to be held and the Tribunal is of the opinion that the pre-hearing conference might expedite the proceedings.

• Marginal note:Summary of matters agreed to

  (2) After any pre-hearing conference, the Registrar must summarize the matters that were agreed to by the parties and must send a copy of the summary to the parties and the Tribunal.

• Marginal note:Restriction on communication

  (3) No communication may be made to the Tribunal with respect to any statement made at the pre-hearing conference except as disclosed in the summary.

Marginal note:Decision or notice of hearing

28 After the end of the 30-day period referred to in section 25, the Tribunal must

• (a) if a hearing is not requested by either party, render a decision based on the material received from the Secretary of the Board and the parties; and

• (b) if a hearing is requested by either party, send a notice of hearing to all parties, by registered mail, 30 days before the scheduled date of the hearing.

Marginal note:Failure to appear

29 If a party does not appear at a hearing and the Tribunal is satisfied that notice of the hearing was sent to the party in accordance with paragraph 28(b), the Tribunal may proceed in the party’s absence.

Marginal note:Postponements and adjournments

30 A hearing may be postponed or adjourned by the Tribunal from time to time on any terms that the Tribunal considers appropriate.

Marginal note:Decision after hearing or later

31 The Tribunal may render a decision orally at the end of a hearing or it may render its decision at a later date.

Marginal note:Decision to be mailed

32 The Tribunal must put its decision referred to in paragraph 28(a) or section 31 in writing and send a copy of it by mail to all parties without delay.

PART 3Review Relating to Administrative Monetary Penalties

Marginal note:Application of Part

33 This Part applies to all proceedings before the Tribunal under the Agriculture and Agri-Food Administrative Penalties Act.

Marginal note:Request for review

34 An applicant who requests a review by the Tribunal must indicate the reasons for the request, the language of preference and, if the notice of violation sets out a penalty, whether or not a hearing is requested.

Marginal note:Copy to be sent to Minister

35 The Tribunal must send a copy of the request for review to the Minister within two days after receiving it.

Marginal note:Minister to prepare report

• 36 (1) Within 15 days from the day on which the Minister receives the copy of the request for a review, the Minister must prepare a report that includes

  • (a) any information relating to the violation; and

  • (b) if the request is made under subsection 11(1) or 13(2) of the Agriculture and Agri-Food Administrative Monetary Penalties Act, any information relating to the violation and the decision of the Minister referred to in that subsection.

• Marginal note:Distribution of report

  (2) Within the period referred to in subsection (1), the Minister must send one copy of the report to the applicant and two copies to the Tribunal.

Marginal note:Tribunal to contact parties

37 Within two days after receiving the report, the Tribunal must send an acknowledgement letter to each party indicating that the report has been received and that the parties have 30 days after the date of the letter to submit any additional information or representations including any documents or other evidence.

Marginal note:Filed information available to parties

38 The Tribunal is responsible for ensuring that all information and representations submitted to it are available to all parties.

Marginal note:Pre-hearing conference

• 39 (1) The Tribunal may request its Registrar to arrange a pre-hearing conference if a hearing is requested and the Tribunal is of the opinion that the pre-hearing conference might expedite the proceedings regarding

  • (a) the admission or proof of certain facts;

  • (b) any procedural matter;

  • (c) the exchange between the parties of documents and exhibits proposed to be submitted during the hearing;

  • (d) the need to call particular witnesses; and

  • (e) any other matter that may aid in the simplification of the evidence or that may facilitate the conduct of the hearing.

• Marginal note:Summary of matters agreed to

  (2) After any pre-hearing conference, the Registrar must summarize the matters that were agreed to by the parties and must send a copy of the summary to the parties and the Tribunal.

• Marginal note:Restriction on communication

  (3) No communication may be made to the Tribunal with respect to any statement made at the pre-hearing conference except as disclosed in the summary.

Marginal note:Decision or notice of hearing

40 After the end of the 30-day period referred to in section 37, the Tribunal must

• (a) if a hearing is not requested by the applicant, render a decision based on the material received from the parties; and

• (b) if a hearing is requested by the applicant, send a notice of hearing to all parties, by registered mail, 30 days before the scheduled date of the hearing.

Marginal note:Failure to appear

41 If a party does not appear at a hearing and the Tribunal is satisfied that notice of the hearing was sent to the party in accordance with paragraph 40(b), the Tribunal may proceed in the party’s absence.

Marginal note:Postponements and adjournments

42 A hearing may be postponed or adjourned by the Tribunal from time to time on any terms that the Tribunal considers appropriate.

Marginal note:Decision after hearing or later

43 The Tribunal may render a decision orally at the end of a hearing or it may render its decision at a later date.

Marginal note:Decision to be mailed

44 The Tribunal must put its decision referred to in paragraph 40(a) or section 43 in writing and send a copy of it by mail to all parties without delay.

Coming into Force

Marginal note:Coming into force

45 These Rules come into force on the day on which they are registered.