Rules of the Review Tribunal (Canada Agricultural Review Tribunal)
P.C. 2015-565 2015-05-07
Pursuant to subsection 8(3)Footnote a of the Canada Agricultural Products ActFootnote b, the Review Tribunal, continued by subsection 4.1(1)Footnote c of that Act, makes the annexed Rules of the Review Tribunal (Canada Agricultural Review Tribunal).
Return to footnote aS.C. 1995, c. 40, s. 32(1)
Return to footnote bR.S., c. 20 (4th Supp.)
Return to footnote cS.C. 1995, c. 40, s. 29
Ottawa, March 27, 2015
His Excellency the Governor General in Council, on the recommendation of the Minister of Agriculture and Agri-Food, pursuant to subsection 8(3)Footnote a of the Canada Agricultural Products ActFootnote b, approves the making of the annexed Rules of the Review Tribunal (Canada Agricultural Review Tribunal) by the Review Tribunal.
PART 1Application and Interpretation
Marginal note:Inconsistency with Acts or regulations
1 In the event of any inconsistency between these Rules and an Act of Parliament or any regulation made under such an Act, that Act or regulation prevails to the extent of the inconsistency.
Definition of holiday
Marginal note:General principle
3 These Rules are to be interpreted and applied in order to permit the just, most expeditious and least expensive conduct of proceedings.
Marginal note:Procedural matters not provided for
4 The Tribunal is to determine any procedural matter not provided for in these Rules in a manner that is consistent with these Rules.
Computation and Extension of Time
Marginal note:Calculation of time limits
5 Any time limit provided by these Rules or fixed by an order of the Tribunal that ends on a holiday is extended to the next day that is not a holiday.
Marginal note:Extension of time limits
6 The Tribunal may extend any time limit fixed in these Rules before or after the end of the time limit.
PART 2Rules Applicable to All Proceedings
Marginal note:Official languages — Tribunal proceedings
7 All Tribunal proceedings are conducted in English or French, depending on the language chosen by the applicant.
Marginal note:Communications with Tribunal
8 (1) A party may use English or French in any oral or written communication with the Tribunal. However, once the applicant has selected a language, all oral and written communications, including in documents and exhibits, must be made in that language, unless the parties consent to do otherwise.
Marginal note:Default language selection
(2) If the applicant does not indicate their choice of official language in their request, all oral and written communications, including in documents and exhibits, must be made in the language in which the request to the Tribunal is made. That language is deemed to be the language for the proceeding.
Marginal note:Oral interpretation
(3) If a party requires interpretation services in order to participate in or have a witness testify at a hearing in the official language in which the proceeding is conducted, the party must, at least seven days before the hearing,
(a) notify the Tribunal of the requirement in writing; and
(b) indicate whether the party requires interpretation services from a language other than English or French.
(4) A party who requires interpretation services from a language other than English or French must pay for the costs of those services.
Dispensing with Compliance
Marginal note:Dispensing with compliance
9 If the application of any rule would cause unfairness to a party, the Tribunal may release the party from the obligation of complying with the rule.
Marginal note:Gap in evidence or non-compliance
10 (1) The Tribunal may draw the attention of a party to any gap in the evidence of its case or any non-compliance with these Rules.
(2) On request, the Tribunal may permit the party to remedy any gap in its evidence or non-compliance on any conditions that the Tribunal considers just, before the end of the proceedings.
Marginal note:Confidential material
11 (1) On request, the Tribunal may order that documents and exhibits that are to be filed be treated as confidential.
Marginal note:Contents of request
(2) The request must set out
(a) the reasons for the confidential treatment of the documents and exhibits; and
(b) the nature and extent of potential harm that could result from the disclosure of the documents and exhibits.
Marginal note:Making of confidential documents and exhibits
(3) Before making an order under subrule (1), the Tribunal must be satisfied that the documents and exhibits are to be treated as confidential, given the public interest in open and accessible proceedings.
Filing and Service
Definition of document
12 For the purposes of rules 15 to 17, document does not include a request for review.
Marginal note:Request for review
13 Any request for review made under section 8, 9 or 11 or subsection 12(2) or 13(2) of the Agriculture and Agri-Food Administrative Monetary Penalties Act that was transmitted by fax or by electronic means must also be sent by registered mail to the Tribunal within 15 days after the day on which they are transmitted.
Marginal note:Requirement to provide current contact information
14 A party must notify the Tribunal of their full name, civic address, mailing address if different from their civic address and at least one of their telephone number, fax number and email address, and of any change in their contact information, without delay.
Marginal note:Manners of filing with Tribunal
15 (1) A document may be filed with the Tribunal in any of the following manners:
(a) by hand delivery to the Tribunal’s head office;
(b) by registered mail to the Tribunal’s mailing address;
(c) by courier to the Tribunal’s mailing address;
(d) by fax or other electronic means to the Tribunal; or
(e) by ordinary mail to the Tribunal’s mailing address.
Marginal note:Receipt after 5:00 p.m.
(2) A document that is filed with the Tribunal after 5:00 p.m., local time of the place where the sender is located, is considered to have been received on the next day that is not a holiday.
Marginal note:Service on any party
16 (1) A document may be served on a party in any of the following manners:
(a) by hand delivery to the person that is the party;
(b) by registered mail to the party’s mailing address;
(c) by courier to the party’s mailing address;
(d) by fax or other electronic means to the party; or
(e) by ordinary mail to the party’s mailing address.
Marginal note:Service to legal counsel or representative
(2) A document may be served on a party who is represented by legal counsel or another duly authorized representative by serving it on that party’s legal counsel or duly authorized representative.
Marginal note:Receipt of service after 5:00 p.m.
(3) A document that is served on a party after 5:00 p.m., local time of the place where the sender is located, is deemed to have been received on the next day that is not a holiday.
Marginal note:Registered mail or courier
17 (1) The filing or service of a document by registered mail or courier is effective on the day indicated on the receipt issued by the post office or courier service, as the case may be.
Marginal note:Fax or other electronic means
(2) The filing or service of a document by fax or other electronic means is effective on the day on which it is sent.
Marginal note:Ordinary mail
(3) The filing or service of a document by ordinary mail is effective on the day indicated on the postmark stamped on the envelope or, if no postmark is legible, on the day of the receipt.
Representation of Parties
18 (1) An individual may act in person or be represented by legal counsel or by another duly authorized representative.
Marginal note:Corporations, partnerships or associations
(2) A corporation, partnership or unincorporated association must be represented by legal counsel or by an officer, partner or member.
Marginal note:Coordinates of counsel or representative
(3) A party who is represented by legal counsel or another duly authorized representative must notify the Tribunal of the legal counsel or representative’s contact information and of any changes to such information within seven days after the day on which the change is made.
Marginal note:Change of counsel or representative
(4) A party may change its legal counsel or representative by notifying the Tribunal of the change and the contact information of the new legal counsel or representative within seven days after the day on which that change is made.
Marginal note:Proceedings public
19 (1) Proceedings of the Tribunal are public.
Marginal note:In camera proceedings
(2) The Tribunal may order that a proceeding be held in camera at the request of any party if the party satisfies the Tribunal that the circumstances of the case warrant the request.
Marginal note:Remote conference
20 The Tribunal may order that a hearing, or any other step in a proceeding, be conducted in whole or in part by teleconference, videoconference or any other form of electronic communication.
Marginal note:Affidavit evidence
21 (1) A party may present evidence by affidavit by serving the affidavit on the other party and filing it with the Tribunal,
(a) in the case of a proceeding by written submissions, within 30 days after the expiry of the time limits set out in rules 36 or 52; or
(b) in the case of a proceeding by oral hearing, at least 15 days before the hearing date.
Marginal note:Availability of deponents
(2) A party who intends to present evidence by affidavit must ensure that the deponent of the affidavit is available for cross-examination. The timing of the cross-examination is to be decided on the parties’ mutual consent or, if the parties do not consent, by the Tribunal.
Marginal note:Transcript of cross-examination
(3) A party who cross-examines the deponent of an affidavit must file the transcript of the cross-examination with the Tribunal within seven days after the day on which the cross-examination takes place.
Marginal note:Taking notice
22 The Tribunal may take notice of any matter in order to expedite any proceeding.
Marginal note:Order of proceeding
23 The Tribunal establishes the order of proceeding at the start of the oral hearing.
Marginal note:Exclusion of witnesses
24 (1) The Tribunal may order witnesses to be excluded from the hearing while the other witnesses are called to give evidence.
Marginal note:Recording of hearings
(2) Hearings before the Tribunal may be recorded.
Marginal note:Oath or solemn affirmation
25 (1) A person to be examined on an oral examination must take an oath or make a solemn affirmation before being examined.
Marginal note:Examination, cross-examination and re-examination
(2) A party at a hearing is entitled to examine their own witnesses, cross-examine any witnesses of the other party and re-examine their own witnesses on matters raised in cross-examination.
Impartiality and Conflict of Interest
Marginal note:Parties raising bias or conflict of interest
26 (1) A party that believes that a member of the Tribunal is not in a position to act impartially in a matter or is in a conflict of interest must immediately give written notice to the Tribunal, stating the reason for the opinion.
Marginal note:Decision within seven days of notice
(2) The Chairperson of the Tribunal must issue a decision within seven days after the day on which he or she receives a notice under subrule (1).
Marginal note:Contents of decision
(3) If the Chairperson determines that the member that was the subject of the notice is not in a position to act, the Chairperson must
(a) exclude the member from the matter; and
(b) give any directions that he or she considers necessary for the matter to be reconvened with a differently constituted Tribunal or order a new hearing.
Marginal note:Tribunal member raising bias or conflict of interest
27 If a member of the Tribunal feels that he or she is not in a position to act impartially or cannot review a matter due to a conflict of interest, the Chairperson must direct that the matter be reconvened with a differently constituted Tribunal or order a new hearing.
PART 3Review of Notices of Violation
28 This Part applies to all proceedings before the Tribunal initiated as a result of a request made in accordance with the Agriculture and Agri-Food Administrative Monetary Penalties Regulations or the Agriculture and Agri-Food Administrative Monetary Penalties Regulations Respecting the Pest Control Products Act and Regulations under subsection 8(1), paragraph 9(2)(c) or paragraph 11(1)(b) of the Agriculture and Agri-Food Administrative Penalties Act.
Marginal note:Acknowledgement of receipt
29 Within seven days after the day on which the Tribunal receives a request referred to in rule 28, the Tribunal must send
(a) an acknowledgement of receipt of the request for review to the applicant; and
(b) an acknowledgement of receipt of the request for review, along with a copy of the request for review, to the competent minister in relation to the violation or his or her delegated representative.
Marginal note:Tribunal file
30 Within 15 days after the day on which the acknowledgement of receipt is sent, the Minister or his or her delegated representative must file with the Tribunal
(a) proof of service of the notice of violation that is the subject of the review; and
(b) a statement that there is no monetary penalty set out by the notice of violation or, if there is one, that it has not already been paid by the applicant.
31 Within 15 days after the day on which a request referred in rule 28 is made, unless the following information is already contained in the applicant’s request for review, the applicant must file with the Tribunal an addendum containing the following information:
(a) the applicant’s full name, civic address, mailing address if different from their civic address and at least one of their telephone number, fax number and email address;
(b) if the applicant is represented by a representative, written authority from the applicant for the representative to so act, as well as the representative’s full name, civic address, mailing address if different from their civic address and at least one of their telephone number, fax number and email address;
(c) if the applicant is represented by legal counsel, their full name, civic address, mailing address if different from their civic address and at least one of their telephone number, fax number and email address;
(d) the applicant’s reasons for the request, other than defences that are not allowed under subsection 18(1) of the Agriculture and Agri-Food Administrative Penalties Act, along with any supporting documents;
(e) the applicant’s choice of official language for the proceeding; and
(f) a complete copy of the notice of violation issued by the Canadian Food Inspection Agency, Health Canada or the Canada Border Services Agency that is being challenged.
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