Rules of Procedure for the
Farm Products Appeal Tribunal
Ontario Drainage Tribunal Farm Organizations Accreditation Tribunal
Crop Insurance Appeal Board
Rule 20 - Disclosure of Documents
List of documents or things
20.01 The Tribunal may require that each party to an appeal
disclose to all other parties the existence of every document or thing
that it will refer to or give in evidence at the hearing at least eight
business days before the day of the hearing or as otherwise ordered
by the Tribunal.
Disclosure of documents
20.02 The Tribunal may require each party to an appeal
to deliver to all other parties, and to the secretary of the Tribunal,
copies of all documents that the party will produce or enter as evidence
at the hearing at least seven days before the day of the hearing or
as otherwise ordered by the Tribunal. In the case of an electronic hearing
all documents to be introduced at the hearing must be filed with the
Tribunal and the parties at least five business days before the day
of the hearing. If a document is not filed prior to the hearing the
Tribunal will only allow filing with the consent of all parties.
Order for disclosure of documents
20.03 The Tribunal may at any stage of a proceeding order
a party to disclose to any other party the existence of all documents
and things that the party will refer to or enter as evidence at the
hearing.
Inspection of things
20.04 A party to an appeal shall make available for inspection
by any other party all things, other than documents, that the party
intends to produce or enter as evidence at the hearing at least five
business days before the day of the hearing.
Order for inspection or testing
20.05 The Tribunal may, at any stage in a proceeding,
order a party to make available for inspection or testing any thing,
other than a document, that the party will produce or enter in evidence
at the hearing subject to such terms and conditions and within such
period of time as the Tribunal deems advisable.
Failure to disclose
20.06 If a party fails to comply with any of the requirements
of Rule 19 the party may not refer to a document or thing which it has
failed to disclose or introduce it into evidence at the hearing without
the consent of the Tribunal which may be granted on such terms and conditions
as the Tribunal considers just.
Rule 21 - Witness Statements
Witness statements may be required
21.01 The Tribunal may require a party to an appeal to
provide to each other party to the proceeding, and to the Tribunal,
a signed witness statement for each witness the party intends to call
at the hearing or, if a witness statement is not available for a witness,
a written summary of the evidence to be given by the witness at the
hearing at least five business days prior to the commencement of the
hearing, or such other time as the Tribunal may direct.
Order for witness statements
21.02 If a party fails to comply with a direction from
the Tribunal pursuant to Rule 21.01 in a timely way the Tribunal may,
at the request of any other party to the appeal, order the party in
default to deliver witness statements to the other parties and to the
Tribunal within such period of time as the Tribunal considers just.
Content of witness statements
21.03 A witness statement or statement of evidence that
a witness will give at the hearing shall contain,
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the substance of the evidence of the witness;
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a list of the documents and things, if any, that
the witness will refer to in his or her evidence; and
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the witness's name and address or, if the witness's
address is not provided, the name and address of a person through
whom the witness can be contacted.
Failure to provide a witness statement
21.04 If a party to an appeal fails to provide a witness
statement or a statement of the evidence a witness will give at the
hearing in a timely way or in response to an order of the Tribunal,
the party in default may not call the person as a witness without the
consent of the Tribunal which consent may be subject to such terms and
conditions as the Tribunal considers just.
Incomplete witness statements
21.05 A party may not call a witness to testify to matters
not disclosed in the person's witness statement without the consent
of the Tribunal.
Rule 22 - Expert Witnesses
Delivery of expert's report
22.01 A party who intends to call an expert witness at
a hearing shall provide each other party and the Tribunal with a copy
of a written report signed by the expert and containing the name and
address of the expert, a statement of his or her qualifications and
experience and the substance of the evidence which he or she will give
at the hearing including a list of all the documents and things to which
he or she will refer at least five business days prior to the commencement
of the hearing.
Failure to provide expert's report
22.02 If a party fails to comply with Sub-rule 22.01,
the party will not be permitted to call the expert witness to give evidence
at the hearing without the consent of the Tribunal which consent may
be subject to such terms and conditions as the Tribunal considers just.
Rule 23 - Requests for Restricted
Access
Request by a party
23.01 A party to an appeal may, prior to or upon the filing
of a document, request that all or part of the document,
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not be accessible to the public; or
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not be accessible to another party except in accordance
with an order made under Sub-rule 23.16 (a)(iii).
Denial of public access
23.02 a request that a document not be accessible to the
public shall,
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state,
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the reasons for the request, including the details
of the nature and extent of the specific harm that would result
if the document was accessible to the public; and
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any objection to filing an abridged version of
the document, and the reasons for such objection; and
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be filed with the Tribunal and served on the parties.
Tribunal Must Decide
23.03 Where a party has made a request under Sub-rule
23.02, the document shall not be made accessible to the public until
the Tribunal decides otherwise.
Denial of access to the public and other parties
23.04 A request that a document not be disclosed to the
public and to the other parties to the appeal shall,
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state,
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the reasons for the request, including the details
of the nature and extent of the specific harm that would result
if the document was disclosed to the public and to the other parties;
and
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any objection to filing an abridged version of
the document and the reasons for such objection; and
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be filed with the Tribunal and served on the other
parties.
23.05 Where a party has made a request under Sub-rule
23.04, the document shall not be accessible to the public or any other
party until the Tribunal decides otherwise.
Objections
23.06 Any person may object to a request for restricted
accessibility by filing with the Tribunal and serving on the parties
a notice of objection to the request within three business days of becoming
aware of the request. Before the hearing of the matter, the Tribunal
shall consider the document and determine if any other person should
be made a party to the hearing of the request.
Contents of Notice
23.07 A notice of objection shall state the reasons for
the objection and why access would be in the public interest.
Time for Reply
23.08 The party seeking restricted access shall have three
business days following receipt of the notice of objection to file and
serve a reply to it.
Criteria for granting restricted access
23.09 In considering a request for restricted access,
the Tribunal shall consider whether the document may disclose,
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information related to public security; or
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intimate financial or personal information or other
information of such a nature, having regard to all the circumstances,
that the desirability of denying disclosure thereof in the interests
of any person affected or in the public interest, outweighs the desirability
of adhering to the principle that information related to an appeal
be made available to the public or another party to the appeal.
Application of criteria
23.10 If the criteria set out in Sub-rule 23.09 are not
met, the Tribunal shall order that the document or documents for which
a request for restricted access was made be accessible to the public
within five business days unless the party who requested restricted
access chooses to withdraw the document.
Freedom of Information and Protection of Privacy Act
23.11 The Tribunal shall also consider the provisions
of the Freedom of Information and Protection of Privacy Act.
Withdrawal of Document
23.12 Where the party chooses to withdraw the document
or documents it or they shall be returned to the party by the Tribunal
and the other parties and their counsel or agents to whom the document
or documents may have been provided.
Third parties
23.13 The Tribunal will not make information marked "CONFIDENTIAL"
about non-parties accessible to the public, without notice to the third
party. The onus is on the party seeking release of confidential documents
to give proof of notice to the affected non-party and the Tribunal.
Contents of order
23.14 If the criteria set out in Sub-rule 23.09 are met,
the Tribunal may order,
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that the document or documents not be accessible
to the public;
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that the document or documents not be accessible
to the public or to the other parties to the appeal;
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that an abridged version of the document or documents
be made available to the public or to the other parties to the appeal;
or
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that the document or documents be made accessible
to the public or the other parties to the appeal subject to such conditions
as the Tribunal considers appropriate.
Limited access to confidential documents
23.15 Where the Tribunal orders that a document or documents
not be made accessible to the other parties to the appeal the document
or documents shall be disclosed to the other parties' counsel or agents
subject to such conditions as the Tribunal considers appropriate.
Conditions of a restricted access order
23.16 Where the Tribunal directs that access to a document
or documents be restricted,
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The document or documents shall be,
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marked "CONFIDENTIAL";
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kept separate from the public record of the appeal;
and
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accessible only by order of the Tribunal or as
authorized by law.
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the document or documents may be made available to,
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staff of the Tribunal;
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the parties to the appeal unless an order has
been made under Sub-Rule
23.14 (b);
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the counsel or agent for a party to the appeal;
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a consultant employed by a party to assist counsel
or an agent, at the discretion of the Tribunal;
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such other person or persons as the Tribunal
considers appropriate; and
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The Tribunal may impose such conditions upon access
to a document or documents as it considers appropriate.
Declarations and undertakings
23.17 All persons who are permitted to receive a document
or documents that are not accessible to the public, except members of
the staff of the Tribunal, shall complete, execute and file with the
Tribunal a Declaration and Undertaking in Form 2. Form 2 is appended
to these rules of procedure.
Idem
23.18 All persons who are permitted to receive a document
or documents that are not accessible to the public or to the other parties
to the appeal, except members of the staff of the Tribunal, shall complete,
execute and file with the Tribunal a Declaration and Undertaking in
Form 2. Form 2 is appended to these rules of procedure.
Others not allowed to disclose
23.19 All persons who are permitted to receive a document
or documents that are not accessible to the public are required to ensure
that the document(s) are kept confidential and to ensure that no other
individual shall copy or disclose the document(s).
Submissions containing references to restricted documents
23.20 If submissions contain references to the information
contained in a restricted document or documents the portion of the submission
describing the content of the restricted document or documents shall
be submitted separately, marked "CONFIDENTIAL", kept separate
from the public record of the appeal and access to such material shall
only be granted by order of the Tribunal or as required by law.
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