Rule 34 - Appeals Under The Farm Registration and Farm Organizations Funding Act

Method of commencement

34.01 Unless otherwise provided in these rules or in a statute an application shall be commenced by notice addressed to the secretary of the Tribunal at 1 Stone Road West, Guelph, Ontario, N1G 4Y2.

34.02 An application for exemption shall contain the name, mailing address, including postal code, and telephone number, property roll number, exemption requested as well as a detailed statement of grounds upon which the applicant seeks exemption.

34.03 An application for accreditation shall contain the name, mailing address, including postal code, and telephone number of the organization seeking accreditation, the name and title of the contact person for the organization and documentation indicating how the organization meets the requirements for accreditation set out in the Act.

Action by the Secretary

34.04 Upon receipt of an application the secretary shall send a copy of the application to the accredited farm organizations and to the Chair and two members of the Tribunal asking whether they require the Tribunal to conduct a hearing on the application prior to making a decision. If no one objects to the application the Tribunal may make a decision based on the written application. If a hearing is required, the secretary to the Tribunal shall, in consultation with the parties, set a date for the hearing and issue a notice of hearing.

Action by the Secretary

34.05 Upon receipt of an application for accreditation the secretary shall, in consultation with the parties, set a date for the hearing and issue a notice of hearing.

Stay

34.06 Unless otherwise provided in these rules or in a statute, an appeal to the Tribunal operates as a stay in the matter under appeal subject to the right of the Tribunal to limit or define the scope of the stay.

Parties

34.07 The applicant and any other person who, in the opinion of the Tribunal, has significant interest in the subject matter of the appeal are the parties to an appeal.

Completion of hearing

34.08 The Tribunal shall complete the hearing within forty-five calendar days after the date set for the hearing.

Decision

34.09 The Tribunal shall send notice of its decision and reasons, if any, to all parties to the appeal and to the Minister within twenty days after the hearing is completed.

Effect of Decision

34.10 A decision of the Tribunal in an appeal is final.

Rule 35 - Appeals Under the Assessment Act

Method of commencement

35.01 An appeal concerning the placement of a property in the farmlands property class under the Assessment Act shall be commenced by completing a complaint form and filing it with the Assessment Review Board at the address specified on the assessment notice. A non refundable filing fee payable to the Minister of Finance must be filed along with each complaint form by the deadline.

35.02 The Assessment Review Board will forward the complaint to the secretary of the Tribunal.

Action by the Secretary

35.03 On receipt of a complaint the secretary to the Tribunal will establish a hearing date and issue a notice of hearing.

Stay

35.04 Unless otherwise provided in these rules or in a statute, an appeal to the Tribunal operates as a stay in the matter under appeal subject to the right of the Tribunal to limit or define the scope of the stay.

Parties

35.05 The complainant and any other person who, in the opinion of the Tribunal, has significant interest in the subject matter of the appeal are the parties to an appeal.

Completion of hearing

35.06 The Tribunal shall complete the hearing within forty-five calendar days after the date set for the hearing.

Decision

35.07 The Tribunal shall send notice of its decision and reasons, if any, to all parties to the appeal and to the Assessment Review Board within twenty days after the hearing is completed.

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