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Rules of the Review Tribunal (Canada Agricultural Review Tribunal) (SOR/2015-103)

Regulations are current to 2024-10-30

PART 4Review of Minister’s Decisions (continued)

Marginal note:Acknowledgement of receipt

 Within seven days after the day on which documents or exhibits were filed in accordance with rule 49, the Tribunal must send an acknowledgement of receipt of the material to the parties.

Marginal note:Request for oral hearing and additional reasons

 Within 30 days after the day on which the documents or exhibits that are in the possession of the Minister are filed in accordance with rule 49, the applicant must

  • (a) indicate to the Tribunal whether they wish to proceed by way of oral hearing or by way of written submissions; and

  • (b) file any additional reasons in response to the documents and exhibits filed by the Minister or his or her delegated representative with the Tribunal.

Marginal note:No further reasons

 No further reasons can be filed after

  • (a) the expiry of the time limit for the filing of the Minister’s documents or exhibits by the Minister or his or her delegated representative in accordance with rule 49, if they have not been filed;

  • (b) the filing of the applicant’s additional reasons in accordance with rule 51; or

  • (c) the expiry of the time limit for the filing of the applicant’s additional reasons in accordance with rule 51, if none has been filed.

Marginal note:Decision or notice of hearing

 The Tribunal must, after the day on which no further reasons are to be filed in accordance with rule 52,

  • (a) if a review is proceeding by way of written submissions, render a decision based on the documents or exhibits received from the parties; or

  • (b) if a review is proceeding by way of oral hearing, send a notice of hearing to all parties at least 30 days before the hearing date.

Marginal note:Failure to appear

 If one of the parties does not appear at the hearing, and if the Tribunal is satisfied that a notice of the hearing was sent to the most recent address on file of that party, the Tribunal may grant or dismiss the request for review, or proceed with the hearing in the party’s absence and dispose of the review in any manner referred to in section 14 of the Agriculture and Agri-Food Administrative Monetary Penalties Act.

Marginal note:Postponements and adjournments

  •  (1) The Tribunal may postpone or adjourn a hearing on any terms that it considers appropriate.

  • Marginal note:Delay

    (2) Any request for a postponement or an adjournment must be made at least 8 days before the hearing date.

Marginal note:Decisions after hearing or later

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

Marginal note:Decision to be sent without delay

 The Tribunal must provide a decision in writing and send a copy of it to all parties without delay.

Repeal

 [Repeal]

Coming into Force

Marginal note:Registration

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

 

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