Agriculture, Food and Rural Affairs Appeal Tribunal (Tribunal)
Rule 29 - Review of a Decision
29.01 The Tribunal may at any time correct a typographical error, grammatical error, error of calculation, misstatement, ambiguity, technical error or other similar error which appears in a decision or order of the Tribunal without recourse to this Rule and without prior notice to the parties to an appeal.
29.02 This rule applies to reviews conducted under subsection 21.2(1) of the SPPA.
29.03 Before a final decision or order is issued, any application to review an interim order or procedural ruling of the Tribunal shall be made by motion to the panel of the Tribunal hearing the appeal and not under this Rule.
29.04 The Tribunal may review a final decision or order at the request of a party to an appeal or on its own initiative.
29.05 Any person, other than a party to an appeal, may request the Tribunal to review a final decision or order with leave of the Tribunal.
29.06 A request under Sub-rule 29.05 shall comply with Sub-rule 29.07.
Contents of a request for review
29.07 A request for review of a final decision or order of the Tribunal shall,
- be in writing;
- state the interest of the requester in the subject matter of the appeal;
- state the reasons for requesting the review;
- state the desired outcome of the review;
- attach any documents which support the request;
- state the full name, mailing address, telephone number and facsimile number (if any) of the requester;
- if the requester has counsel or an agent, state the full name, mailing address, telephone number and facsimile number (if any) of the counsel or agent; and
- be signed by the requester.
Action by Tribunal
29.08 Upon receipt of a request for review which complies with Sub-rule 29.07 the Tribunal shall send a copy of the request to each party to the appeal.
Evaluation of a request for review
29.09 In deciding whether it is advisable to conduct a review of all or any part of a final decision or order, the Tribunal may consider any relevant circumstances including,
- whether there is significant new evidence which was not available at the time of the original appeal;
- whether the Tribunal made a material error of law or fact such that the Tribunal would likely have reached a different decision;
- the extent to which any party to the appeal or any other person has relied upon the final decision or order;
- the extent to which any party to the appeal or any other person will be affected by the review process; and
- whether the public interest in finality of decisions is outweighed by the alleged prejudice to the requester.
29.10 A request for review shall be filed within thirty calendar days of the date of the final decision or order.
29.11 A request for review received after the expiry of the thirty calendar day period may be considered if the Tribunal is satisfied that there is a good reason for the delay.
Multiple requests for review
29.12 Except with leave of the Chair, the Tribunal will consider only one request for review of a final decision or order by any person.
Consideration of requests for review
29.13 The Chair of the Tribunal, or a Vice-Chair designated by the Chair, shall consider each request for review of a final decision or order and decide whether a review should be conducted.
29.14 The Chair, or the Vice-Chair who considers the request, may consult with the member or members of the Tribunal who participated in the hearing of the appeal or motion which resulted in the final decision or order which is the subject of the request for review.
29.15 The Chair may request the member or members of the Tribunal who participated in the hearing of the appeal or motion which resulted in the final decision or order which is the subject of the request for review to consider the request and make the decision to review or not to review it.
29.16 The Chair, Vice-Chair or other member or members of the Tribunal who considers a request for review may have regard to the record of the hearing of the appeal or motion in addition to any material filed by the requester and any other party to the appeal.
29.17 The Tribunal may refuse a request to review a final decision or order without seeking submissions from any other party to the appeal.
29.18 If the Tribunal decides to receive and consider submissions from the other parties to the final decision or order which is the subject of a request for review it shall notify the other parties of the request for review and allow them seven business days to respond.
29.19 The Tribunal shall send a copy of any response it receives from another party to the appeal to the requester and the requester shall be allowed three business days to reply.
29.20 A copy of the requester's reply shall be sent by the requestor to each of the other parties and to the Tribunal.
29.21 The Tribunal shall not accept any further submissions without its permission.
29.22 A request for review may be granted in whole or in part.
29.23 If the Tribunal decides to review one of its final decisions or orders it may attach conditions, add other parties or make procedural directions to govern the review process.
Procedure for a review
29.24 Unless otherwise ordered, a review of a final decision or order of the Tribunal shall be conducted orally.
29.25 A review shall be conducted by a panel of the Tribunal designated by the Chair.
29.26 On a review the Tribunal may confirm, vary, suspend or cancel the final decision or order under review.
For more information:
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