Agriculture, Food and Rural Affairs Appeal Tribunal (Tribunal)

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Rule 1- Interpretation

Citation

1.01 These rules may be cited as the "Rules of Procedure for the Agriculture, Food and Rural Affairs Appeal Tribunal" (the Tribunal).

Reference

1.02 These rules of procedure may also be used by the Board of Negotiation.

General

1.03 The Tribunal may exercise any of its powers under these rules on its own initiative or at the request of a party to an appeal.

1.04 The Tribunal may issue general or specific procedural directions at any time.

1.05 If a party to an appeal seeks a remedy or order that the Tribunal cannot grant without submissions from the other parties, the party seeking the remedy or order should first seek the consent of the other parties and advise the Tribunal if such consent was granted or denied.

Definitions

1.06 In these rules, unless the context requires otherwise,"SPPA" means the Statutory Powers Procedure Act, RSO 1990, c. S.22, as amended;

"appeal" means a proceeding whereby the Tribunal is requested to determine any matter but does not include a preliminary motion;

"appellant" means a person who files an appeal with the Tribunal;

"business day" means any Monday, Tuesday, Wednesday, Thursday and Friday that is not a statutory holiday

"clerk of the Tribunal" means the clerk of the initiating municipality in an appeal under the Drainage Act.

"document" includes information recorded or stored by means of a sound recording, video recording, photograph, motion picture, microfiche, chart, graph, map, plan, survey, model, book of account or other means;

"electronic hearing" means a hearing held by conference telephone or some other form of electronic technology allowing persons to hear one another;

"hearing" includes a hearing of a motion, a pre-hearing conference and an informal hearing;

"initiating municipality" means a local municipality undertaking the construction, improvement, repair or maintenance of a drainage works to which the Drainage Act applies;

"insurer" means AgriCorp or its successor.

"motion" means an application for relief in an appeal;

"moving party" means a person who makes a motion;

"oral hearing" means a hearing at which the parties and/or their counsel or agents attend before the Tribunal in person;

"person" includes a corporation and the heirs, executors, administrators or other legal representatives of a person to whom the context can apply according to law but does not include an unincorporated association of persons except as provided in subsection 1(2) of the SPPA;

"proceeding" means an appeal;

"responding party" means a person who is served with a notice of motion;

"service" means the effective delivery of a notice of hearing or other document in a proceeding to any person or to that person's legal counsel or agent.

"statutory holiday" means New Year's Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and any special holiday proclaimed by the Governor General or the Lieutenant Governor, and where New Year's Day, Canada Day or Remembrance Day falls on a Saturday or a Sunday, the following Monday is a holiday, and where Christmas Day falls on a Saturday or a Sunday, the following Monday and Tuesday are holidays, and where Christmas Day falls on a Friday, the following Monday is a holiday;

"Tribunal" means the Agriculture, Food and Rural Affairs Appeal Tribunal or the Board of Negotiation taken in the context of the rule or sub-rule;

"written communication" includes a notice of hearing and a notice of motion;

"written hearing" means a hearing held by means of an exchange of documents whether in written form or by electronic means.

Liberal interpretation of rules

1.07 These rules shall be liberally interpreted in order to obtain the most just, most expeditious and most cost effective determination of every appeal before the Tribunal.Conflict

1.08 If there is a conflict between these rules and the Statutory Powers Procedure Act, the SPPA will prevail.

Matters not provided for by these rules

1.09 Where any matter of procedure is not provided for by these rules, the Rules of Civil Procedure may be followed where the Tribunal determines they are appropriate.


For more information:
Toll Free: 1-888-466-2372 ext. 519-826-3433
Local: 519-826-3433
E-mail: AFRAAT@ontario.ca
Author: OMAFRA Staff
Creation Date: 22 November 2010
Last Reviewed: 22 November 2010