Assessor’s Rules of Procedure

Contents

Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 18 of the Pesticide Residue Compensation Act, hereby makes the annexed Assessor’s Rules of Procedure.^note^note

Interpretation

1Definitions#

(1)The following definitions apply in these Rules.

Act means the Pesticide Residue Compensation Act. (Loi)

appellant means a person who brings an appeal under section 15 of the Act. (appelant)

Assessor means the Assessor, acting assessor or Deputy Assessor appointed under section 14 of the Act. (évaluateur)

business day means a day other than a Saturday or a Sunday or other holiday. (jour ouvrable)

Minister [Repealed, SOR/2007-104, s. 1]

Registrar means a registrar of appeals appointed under section 19 of the Act. (greffier)

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

General

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 Assessor must decide the question in a manner that is consistent with these Rules and with the principles of procedural fairness and natural justice.

3Unfairness#

If the application of any Rule would cause unfairness to a party, the Assessor may waive compliance with the Rule.

4Technical defects#

A defect in form or a technical irregularity may be overlooked by the Assessor.^note

5Taking notice#

The Assessor may take judicial notice of any matter and receive and accept any evidence and other information that the Assessor determines will assist in the resolution of the issues.^note

6Calculating time limits#

(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 or a Sunday or other holiday, the time limit must be extended until the next business day.

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

7Extension of time limits#

If adhering to a time limit fixed by these Rules would cause unfairness to a party, the Assessor may extend the time limit either before or after the end of the time limit.

8Production of documents#

(1)Any party to an appeal may give a notice in writing to any other party to the appeal

(a)to provide to the party giving notice, or make available for inspection by the party giving notice, any document in the possession of the other party, or to which the other party has access, that is intended to be used in evidence by the other party at the hearing; and

(b)to permit the party giving notice to make photocopies of any documents referred to in paragraph (a).

(2)The notice must be given at least 21 days before the date fixed for the hearing and the documents must be provided or made available for inspection within 10 days after the receipt of the notice.

(3)The party giving the notice must at the same time send a copy of the notice to the Registrar.

(4)The periods of time referred to in subsection (2) may be varied by agreement between the parties or by order of the Assessor.

(5)If the party to whom the notice is given fails to comply with the notice, the party giving the notice may apply to the Assessor for an order directing the party to whom notice was given to provide the requested documents or make them available for inspection.

^note

9Public nature of filed documents#

(1)A document filed with the Assessor by a party to an appeal is a public document unless the party requests that the document be treated as confidential.

(2)A request that a document be treated as confidential must provide reasons for the request, including details of the nature and extent of the harm that disclosure of the document would cause to the party making the request.

(3)The Assessor must grant a party’s request for confidential treatment if the Assessor considers that disclosure of the document would cause harm to the party.

10Documents to be in duplicate#

(1)Any documents sent to the Registrar or the Assessor must be sent in duplicate.

(2)Documents may be submitted to the Registrar or the Assessor by hand or by registered mail, courier or facsimile.

(3)The original of any document sent by facsimile must be sent by mail without delay after the facsimile transmission.

11Information to be sent to parties#

The Registrar must ensure that copies of all documents submitted to the Registrar by a party are sent to the other parties.

12Correspondence sent by the Registrar or Assessor#

All correspondence sent by the Registrar or Assessor may be sent by facsimile as long as the original is sent by mail without delay.^note

13Change of address or facsimile number#

A party to an appeal must notify the Registrar without delay of a change of address or facsimile number.

Appeals

14Request for appeal hearing#

(1)A person who wishes to appeal to the Assessor must provide the Registrar with a notice of appeal. The notice must state the reasons for the appeal and must indicate the language in which the appellant wishes the appeal to be heard.

(2)The notice of appeal must be signed by the appellant or the appellant’s counsel or representative. If a representative signs the notice, a copy of the appellant’s written authorization of the representative must be filed with the notice.

15Copy to be sent to Minister#

The Registrar must send a copy of the notice of appeal to the Minister within five days after receiving it.

16Minister to send information#

Within 30 days after the day on which the Minister receives a copy of the notice of appeal, the Minister must send to the Registrar the following documents:

(a)the decision or award of compensation being appealed;

(b)the evidence on which the Minister relied to reach the decision or award of compensation being appealed; and

(c)the Minister’s reply to the notice of appeal, admitting or denying any facts alleged in the notice of appeal and containing a statement of any facts on which he or she intends to rely.

17Minister’s documents to be sent to other parties#

(1)On receipt of the documents required by section 16, the Registrar must, without delay,

(a)forward a copy of each of them to the appellant; and

(b)give notice in writing to the parties other than the Minister that they have 30 days after the date of the notice to submit any additional information or representations.

(2)On receipt of any additional information or representations from the other parties, the Registrar must forward a copy of the information or representations to the Minister without delay.

^note

18Consolidation#

If there is a common question of fact in two or more appeals for which Notices of Appeal have been filed in accordance with these Rules, the Assessor may, on his or her own motion or on application by a party, order

(a)that the appeals be consolidated on such terms as the Assessor may direct;

(b)that the appeals be heard at the same time;

(c)that the appeals be heard consecutively; or

(d)that any of the appeals be stayed until the determination of any of the other appeals.

19Withdrawal of appeal#

(1)An appellant may withdraw a notice of appeal at any time by notifying the Registrar in writing to that effect.

(2)On receipt of the notice of withdrawal, the Registrar must without delay notify all other parties to the appeal.

20Time and place for hearing#

(1)The Assessor must fix the time and place for the hearing of the appeal, which must not be earlier than 30 days, and not later than 60 days, after the period referred to in subsection 17(1).

(2)The Registrar must notify the parties to the appeal of the time and place for the hearing of the appeal at least 25 days before the date of the hearing.

Conduct of an Appeal

21Representation of parties#

A party to an appeal may be represented by counsel or by another representative authorized in writing.

22In camera hearings#

(1)A hearing of an appeal before the Assessor may, on the request of any party, be held in camera if the Assessor is satisfied that the party has established that the circumstances so require.

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

23Recording of hearings#

The hearing of an appeal must be recorded.

24Order of proceeding#

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

25Subpoena#

(1)On receipt of a written request by a party, the Registrar may, on behalf of the Assessor, issue a subpoena for the attendance of a witness or the production of a document or other material at a hearing.

(2)A subpoena must be in the form set out in the schedule. It may be issued in blank and completed by a party or a party’s counsel or representative.

(3)Witnesses at a hearing may be examined orally on oath or solemn affirmation.

(4)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.

26Affidavit evidence#

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

27Failure to appear#

If a party to an appeal does not appear at a hearing and the Assessor is satisfied that notice of the hearing was sent to the party in accordance with section 20, the Assessor may proceed in the party’s absence.

28Postponements and adjournments#

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

29Decision#

(1)The Assessor may render a decision orally at the end of the hearing or may render the decision at a later date.

(2)The Assessor’s decision and the reasons for the decision must be in writing. The Registrar must send a copy of the decision and reasons to all parties without delay.

Repeal

30Repeal#

[Repeal]

Coming into Force

31Coming into force#

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

Subpoena Under the Pesticide Residue Compensation Act (Subsection 25(2))

TO:1 2 3 4 You are hereby required under the provisions of the Assessor’s Rules of Procedure to appear personally beforethe ASSESSORat on the day of , 20 at o’clock, to testify the truth according to your knowledge in an appeal pending to the Assessor, in which is the Appellant and the Minister of Health is the Respondent, on the part of You are required to bring with you and to produce at the hearing before the Assessor the following documents or other things: (Delete this paragraph if it is not required.)

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.