Are You Preparing for a Normal Farm Practices Protection Board Hearing?

Table of Contents

  2. What Should You Consider Before a NFPPB Hearing?
  3. What is a Board File?
  4. Where will the Hearing be Held?
  5. Please Note

What to Expect at a NFPPB Hearing?

Did you know that a Normal Farm Practices Protection Board (NFPPB) Hearing is less formal than a judicial court setting? This is because each party has the option to represent themselves, however the NFPPB Hearing also has a number of traditional court-like processes:

  • A court reporter may be present
  • Opening statements and closing arguments will be made
  • Witnesses will testify and will be cross examined
  • Exhibits could be submitted as evidence
  • Motions could be brought forward by any of the parties. (A motion is a request made in writing, by a party, seeking a temporary decision from the board.)

What Should You Consider Before a NFPPB Hearing?

Consider the following when preparing for a NFPPB Hearing:

  1. Review the Hearing application and correspondence that is included in the Board File (for more information on the Board File see the insert below).
  2. Focus on the farm practice that is referenced in the Hearing application and provide information regarding that farm practice.
  3. Every NFPPB Hearing is case specific and therefore do not place emphasis on past NFPPB decisions

Before the day of the hearing you will want to prepare the following:

  • Your opening statement
  • The evidence you want to submit
  • The witness(es) you want to call
  • A list of questions you intend to ask your witness(es)
  • A list of questions you intend to ask the other party's witness(es)
  • A list of questions you intend to ask the Board's witness(es)
  • Your closing argument

For more detailed information on these topics you are strongly encouraged to read the Citizen's Guide to the Normal Farm Practices Protection Board produced by Ontario Ministry of Agriculture Food and Rural Affairs.

What is a Board File?

You will receive a Board File related to this case before the NFPPB Hearing. All related parties and Board members will also be receiving a Board File. This is a legal requirement. The Board File contains the original application and any correspondence that has occurred between the parties and the Board prior to a hearing. This ensures that all parties have the same information.

You need to understand that the Board File is not used during the hearing by the Board to make decisions. The NFPP Board can only base its decision on information that is submitted as evidence during the NFPPB Hearing. Evidence can be submitted in different forms: witness testimony, letters, photographs, maps etc.

Where will the Hearing be Held?

The Board tries to hold hearings in areas where the complaints originate. Often the Board holds a hearing in the municipal chambers of the local municipality and the tables are typically set up as shown below. Sometimes the Board does a site visit to get a better appreciation of the issues.

NFPPB hearing table set up.

Text Equivalent

Please Note

This pamphlet is not a substitute for legal advice and representation. The Ontario Ministry of Agriculture, Food and Rural Affairs accepts no responsibility or liability for the outcome of any Hearing in which any party relies on this pamphlet.

This is the second in a series of pamphlets that include:

It is also strongly recommended that you pick up the Citizen's Guide to the Normal Farm Practices Protection Board.

 


For more information:
Toll Free: 1-877-424-1300
Local: (519) 826-4047
E-mail: ag.info.omafra@ontario.ca
Author: OMAFRA Staff
Creation Date: 02 February 2010
Last Reviewed: 02 February 2010