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.
