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The Board of Arbitration continued by subsection 4(1) of the Canada Agricultural Products Act, pursuant to subsection 8(3) of that Act, hereby makes the annexed Rules of the Board of Arbitration (Agriculture and Agri-Food).notenotenoteOttawa, July 4, 2000Her Excellency the Governor General in Council, on the recommendation of the Minister of Agriculture and Agri-Food, pursuant to subsection 8(3) of the Canada Agricultural Products Act, hereby approves the making of the annexed Rules of the Board of Arbitration (Agriculture and Agri-Food) by the Board of Arbitration.
Interpretation
1Definitions#
(1)The definitions in this section apply in these Rules.
Act means the Canada Agricultural Products Act. (Loi)
complainant means a person who files a complaint under subsection 9(1) of the Act. (plaignant)
party means a complainant, a defendant or an intervenor. (partie)
(2)These Rules are to be liberally construed in order to permit the fairest, least expensive and most expeditious way of resolving complaints.
Rules of General Application
2Procedural matters not provided for#
If any question of procedure arises during a proceeding that is not covered, or not fully covered, in these Rules, the Board must decide the question in a manner that is consistent with these Rules.
3Unfairness#
If the application of any of these Rules would cause unfairness to a party during the complaint process, the Board may waive compliance with that rule.
5Calculating periods#
In calculating periods under these Rules, all days must be counted except that, if the time ends on a Saturday, Sunday or other statutory holiday, the time must be extended until the next business day.
6Extension of time limits#
The Board may extend the time limits fixed in these Rules either before or after the end of the time limits fixed.
7Public nature of filed documents#
(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.
8Documents to be in duplicate#
(1)Any documents sent to the Board must be sent in duplicate.
(2)All documents required to be submitted to the Board must be submitted by hand or by mail, registered mail, courier or facsimile.
(3)The original and a copy of any document sent by facsimile must be sent by mail without delay after the facsimile transmission.
9Filed information to be sent to parties#
The Board is responsible for ensuring that copies of all documents submitted to it by a party are sent to the other parties.
10Communications by the Board#
Written communications by the Board may be delivered by hand or sent by registered mail, courier or facsimile.
11Change of address or fax number#
A party must without delay notify the Board of a change of facsimile number or address.
12Teleconference#
The Board may meet by teleconference for all purposes except for conducting hearings.
13Representation of parties#
A party may be represented by counsel or by an agent authorized in writing.
14In camera hearings#
(1)A hearing before the Board may, on the request of any complainant or defendant, be held in camera if that party establishes to the satisfaction of the Board that the circumstances of the case so require.
(2)The Board may order a witness at a hearing to be excluded from the hearing until called to give evidence.
Complaint
18Filing complaint#
A complaint must be filed with the Secretary together with copies of all relevant documents and a statement as to whether or not the complainant requests that a hearing be held.
19Complaint to be signed#
The complaint must be signed by the complainant or the complainant’s counsel or agent. If an agent signs the complaint, a copy of the complainant’s written authorization of the agent must be filed with the complaint.
20Contents of complaint#
The complaint must contain the following information:
(c)the quantity, quality or grade of each kind of agricultural product shipped;
(d)the dates of shipment and arrival;
(e)the identification of any shipping vehicles;
(f)the shipping and destination points; and
(g)the nature of the order requested and the amount of compensation requested.
21Additional information#
(1)The Secretary, after reviewing the complaint and all supporting documentation, may require the complainant to file additional information within the period fixed by the Secretary.
(2)If the complainant does not provide the additional information requested by the Secretary within the period fixed by the Secretary and fails to provide a reasonable excuse for the non-compliance, the Board may proceed with the complaint based on the information already filed with it.
22Inappropriate complaints#
If the Board is of the opinion that the complaint on its face is frivolous or vexatious or does not disclose a valid basis, the Board must declare the complaint inappropriate for consideration by the Board and so advise the complainant.
Disputing the Complaint
24Filing a defence#
(2)The defence must be accompanied by copies of all relevant documents not already filed by the complainant and a statement as to whether or not the defendant requests that a hearing be held.
25Contents of defence#
The defence must contain
(a)a precise statement of the facts that constitute the grounds of the defence; and
(b)a statement indicating which facts in the complaint are admitted, denied, or of which the defendant has no knowledge.
26Filing a counterclaim#
(1)If the complainant is a dealer licensed under the Act, the defendant may also, within 30 days after the date on which the Secretary sends a copy of the complaint to the defendant, file a counterclaim against the complainant.
(2)The counterclaim must be accompanied by copies of all relevant documents not already filed by the complainant or filed by the defendant in support of the defence and a statement as to whether or not the defendant requests that a hearing be held.
27Contents of counterclaim#
A counterclaim must contain the same information that is required for a complaint.
29Notification of complainant#
The Secretary must send to the complainant a copy of the defence and of the counterclaim, if any, and copies of all documents submitted with them.
Intervention
31Request to intervene#
At any time after the Secretary sends the complaint to the defendant, and before a hearing is scheduled for the complaint, any person, other than the complainant or the defendant, who has a direct financial interest in the proceedings may request to intervene by sending the Secretary a request in writing.
32Content of request#
(1)A request to intervene must describe the person’s financial interest in the proceedings, contain a precise statement of the facts and grounds that form the basis of the intervention and be accompanied by copies of any relevant documents.
(2)The request must be signed by the person or the person’s counsel or agent. If an agent signs the request, a copy of the person’s written authorization of the agent must be filed with it.
Consideration of Complaint
35Notice of hearing#
If the complainant or defendant has requested a hearing, the Secretary must set a date, time and place for the hearing and must, in writing, notify the parties of that date, time and place.
37Request for summons#
(2)The request must indicate why the evidence or documents would be relative to the subject-matter before the Board.
38Refusal to issue summons#
The Board may refuse to issue a summons at the request of the party if the Board considers that the evidence or documents would not be relative to the subject-matter before the Board.
39Pre-hearing conference#
(1)If a hearing is to be held and the Board is of the opinion that a pre-hearing conference might expedite the proceedings, the Board may request the Secretary to arrange a pre-hearing conference, to take place either by telephone or by the parties appearing before the Secretary, in order to
(a)simplify the issues;
(b)clarify the facts that are admitted and denied, or consider any amendment to the pleadings;
(c)determine the procedure to be followed at the hearing;
(d)exchange any further documents proposed to be given in evidence at the hearing; and
(e)attend to any other matters that may aid in the simplification of the evidence and the expeditious disposition of the hearing.
(2)After any pre-hearing conference, the Secretary must summarize the matters that were agreed to by the parties and send a copy of the summary to them and to the Board.
(3)No communication may be made to the Board with respect to any statement made at the pre-hearing conference except as disclosed in the summary.
41Postponements and adjournments#
A hearing may be postponed or adjourned by the Board from time to time on any terms that the Board considers appropriate.
42Procedure if no agreement#
Sections 43 to 46 apply to govern the procedure at the hearing to the extent that the procedure for the hearing has not been determined in a pre-hearing conference or by agreement of the parties at the beginning of the hearing.
43Complainant’s presentation#
At the beginning of the hearing, the complainant may present their case by first summarizing it and then presenting their evidence and making their arguments.
44Defendant’s presentation#
After the complainant presents their case, the defendant may present their case by first summarizing it and then presenting their evidence and making their arguments.
45Intervenor’s presentation#
After the complainant and the defendant have presented their cases, any intervenor is entitled to give evidence.
47Examination, cross-examination and re-examination#
(1)The complainant and the defendant are each entitled to examine their own witnesses, to cross-examine a witness of another party and to re-examine their own witness for clarification.
(2)An intervenor may be cross-examined by the complainant or the defendant but is not entitled to cross-examine them or their witnesses.
48Examination of witnesses#
Witnesses at the hearing shall be examined orally on oath or affirmation.
The Decision of the Board
51Decision after a hearing#
(1)If a hearing is held, the Board may render its decision orally at the end of the hearing or it may render its decision at a later date.
(2)If a hearing is not held, the Board must render its decision after its deliberations based on the material submitted by the parties.
52Communication of the decision#
(a)a summary of the decision, if the Board rendered its decision orally; or
(b)a copy of the decision, if the Board rendered its decision in writing.
(2)The summary or decision and the reasons, if any, must be signed by one of the Board members who took part in rendering the decision.
Coming into Force
Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.