You have been called to a hearing…

You have been called to a hearing...

A short guide to procedures for hearings before the Director

In the exercise of your work as a licensee, producer or other person involved in Ontario's agri-food industry, special circumstances may make it necessary for you to appear at a hearing before the Director appointed under one of the following Acts:

• Beef Cattle Marketing Act
• Dead Animal Disposal Act
• Livestock and Livestock Products Act
• Livestock Community Sales Act
• Food Safety and Quality Act, 2001
• Milk Act

If that is the case, a number of questions may come to your mind regarding the hearing process. The following information will help you prepare for the hearing, become familiar with the process and know what to expect.

What is a hearing?

A hearing is a legal proceeding that is conducted by the Director before making certain kinds of decisions under the Acts listed above. For example, a hearing may be held to determine the licensing of an operation or disposition of detained product. The hearing gives the Director the opportunity to hear both sides of the case - that of the affected party, as well as that of the ministry - before making a decision.

Hearings are conducted in accordance with the Statutory Powers Procedure Act. The procedure is similar to certain court proceedings and provides for a fair and orderly process. It is explained in more detail under the "What happens during a hearing" section.

How will I be notified about the hearing?

If you are the party that is the subject of a hearing, you will receive a notice to appear before the Director, advising you of the time and location of the hearing, the Act and regulation under which the hearing is held, and the reasons that the hearing is being called.

As a party to the hearing, if you are properly served with the notice of hearing and do not attend at the time and location indicated, the Director may proceed in your absence. In such a case, you will not be entitled to any further notice in the proceeding. If compliance is achieved prior to the hearing date, the hearing may be cancelled by the Director.

Who attends a hearing?

The Director or Deputy Director conducts the hearing, establishes the procedure to be followed and determines all other matters related to the conduct of the hearing.

The Hearing Co-ordinator provides administrative assistance to the Director during the hearing.

The ministry is normally represented at hearings by the ministry's Enforcement Advisor/Liaison Officer, who may bring witnesses to present the ministry's evidence in the case.

As the party that is the subject of the hearing, you may attend, and bring witnesses to present evidence in support of your side of the case.

Where are the hearings held?

If the party that is the subject of the hearing is located within a two-hour drive from Guelph, the general practice is to hold the hearing in the hearing boardroom, located at the ministry's Guelph office complex. However, every effort is made to hold the hearing in a location convenient to all parties.

When you arrive in the boardroom, you will notice that its set up is similar to a court. The Director occupies a central position, with the Hearing Co-ordinator and the Ministry representative to the left. As the party that is the subject of the hearing, you will sit to the right. When a witness is called to testify, he or she is asked to occupy a chair between the ministry and the other parties, facing the Director. Any observers sit behind the witness chair.

Should I hire a lawyer?

The decision to hire a lawyer is entirely up to you. You may present your case personally or be represented by a lawyer or another person of your choice. Most cases that come before the Director do not involve lawyers.

Can anyone attend the hearing?

All hearings are public and usually, anyone can attend to observe. However, the Director may decide to exclude the public from certain parts of a hearing if confidential information is being presented.

How can I prepare for the hearing?

There are a number of things you can do to prepare for the hearing:

• Make a note of all the circumstances and evidence that you want to present, and verify the accuracy    of your information.
• Be prepared to prove your case and present everything that is relevant to your position. Do not assume that the Director is acquainted with the details of your case, or the arguments in favour of your  position.
• Ensure that you bring with you and present any documents or other pieces of evidence (photographs, or other records or things) that explain or support your position.
• Ask witnesses who have relevant information to attend the hearing and present their evidence on your behalf. While the Director can accept hearsay (second-hand evidence), witnesses with the most direct (first-hand) knowledge of a matter are usually the most persuasive. If important facts are in dispute, it can be very important to bring any witnesses who have direct knowledge of the matters that are in dispute.

Prior to the day of the hearing, you will receive a copy of all documents and written evidence that will be disclosed at the hearing, including ministry witness statements, if there are any. If that is not possible, these documents will be given to you on the day of the hearing, and you may request an adjournment or time to review the documents.

What happens during the hearing?

At the beginning of the hearing, the Director will explain the process and ask the parties involved (the Ministry representative and you, as the party that is the subject of the hearing) for opening statements.

The order of presentation at a hearing is normally as follows:

• The parties present their opening statements. This may include a brief outline of the evidence, a list of witnesses and the desired outcome of the hearing.
• The ministry then presents its evidence through ministry witnesses.

After each ministry witness is questioned by the ministry representative, you will have an opportunity to question the witness.

The ministry representative will then have an opportunity to ask the witness any further questions that arise out the witness' answers to you.

The Director may then question the ministry witness.

This procedure will be followed with each ministry witness, in turn.

• At the conclusion of the ministry's evidence, you will present your evidence. As the party that is the subject of the hearing, you may want to testify yourself, and/or call other witnesses.
• After each of your witnesses presents his or her evidence, the ministry representative will have an opportunity to question the witness.
• You will then have a chance to ask the witness any further questions that arise directly out of the witness' answers to the ministry representative's questions.
• The Director may then question the witness.

This procedure will be followed with each of your witnesses, in turn.

Please note that it is a general practice at hearings to require witnesses to either swear an oath on the Bible or make a solemn affirmation to tell the truth.

• At the end of the evidence portion of the hearing, each party may make a summation, which is a brief summary of the evidence presented and the party's arguments in support of its desired outcome.
• Once all of the evidence and summations have been heard, the hearing is concluded.

When will I be informed of the decision?

Decisions are available in written form, usually within 21 days of the conclusion of the hearing. Most decisions are public documents and are posted on OMAFRA's website.

What can I do if I disagree with the decision?

If you are a party to a licensing decision under the above Acts, or any decision by the Director under the Milk Act, you may appeal the decision to the Agriculture, Food and Rural Affairs Appeal Tribunal.

Language of the hearing

Hearings may be held in English or French. You may give your evidence in French or make submissions in French if you request it. The request must be made at least 10 days prior to the hearing to allow for interpretation and translation arrangements.

If an interpreter in a language other than English or French is required, you must notify the Director and provide the interpreter at your own expense.

For more information…
Please contact:
The Hearing Coordinator
Ministry of Agriculture, Food and Rural Affairs
1 Stone Road West, 5NW
Guelph, Ontario N1G 4Y2
Tel: (519) 826-4537
Fax: (519) 826-3940

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