What is the Appeal Tribunal?

Table of Contents

1. Introduction
2. Address and Phone Number for Appeal Tribunal
3. What Types of Appeals Can Be Heard
4. What Happens at an Appeal
5. Do I Have to Hire a Lawyer?
6. Where are the Hearings Held?
7. Office Support
8. Related Links

Introduction

The Appeal Tribunal is an independent, quasi-judicial appeal body set up to hear appeals concerning matters in the agriculture and food industry. The following Tribunals/Boards make up the Appeal Tribunal:

Board of Negotiation (under the Environmental Protection Act)
Crop Insurance Appeal Board
Farm Organizations Accreditation Tribunal
Farm Products Appeal Tribunal
Ontario Drainage Tribunal

Members of the Appeal Tribunals/Boards within the Ministry of Agriculture, Food & Rural Affairs are appointed by the Lieutenant Governor in Council. They represent varied geographical areas in Ontario and have backgrounds and expertise in areas relating to agriculture production, processing, marketing and consumer interests. The Tribunal usually sits in panels of three.

The Statutory Powers Procedure Act governs the practices and procedures of the Tribunal. The Tribunal also has written rules of procedure.

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Address and Phone No. for Appeal Tribunal

What Types of Appeals can be Heard?

1. Crop Insurance Appeals
   
   Under the Crop Insurance Act, R.S.O. 1990, the Appeal Board has exclusive jurisdiction to hear and determine all disputes between AGRICORP and an insured person arising out of an adjustment of a loss under a contract of insurance. Appeal proceedings are governed by Regulation 140/96 made under the Crop Insurance Act. The Appeal Board is independent of AGRICORP.
   
   A decision of the Appeal Tribunal under the Crop Insurance Act is final. There is no further right of appeal. However, parties can apply to the Divisional Court for judicial review under the Judicial Review Procedure Act R.S.O. 1990, Chap.J.1.
   
   To initiate an appeal, write a letter to the Appeal Tribunal stating what it is you are objecting to and what relief you want the Tribunal to grant.

2. Appeals from any order, direction, decision or policy of the marketing boards, the Director (appointed under the Farm Products Marketing Act or the Milk Act), or the Farm Products Marketing Commission.
   
   The Tribunal provides an impartial appeal body available to any person who feels aggrieved by decisions of marketing boards, the Farm Products Marketing Commission or a Director appointed under the Farm Products Marketing Act or the Milk Act. (For example, decisions and policies relating to: quota allocations; pricing or requests for exemption from marketing board policies; penalties imposed by a marketing board.)
   
   Regulations of the marketing boards may be appealed to the Tribunal but regulations of the Farm Products Marketing Commission cannot.
   
   The Tribunal has the power to order the local board, the Director and the Commission to take any action they are authorized to take under the Farm Products Marketing Act or the Milk Act and as the Tribunal considers proper. The Tribunal cannot make an award of damages or costs. Tribunal decisions may be reviewed by the Minister, however requests for review are uncommon.
   
   The Tribunal gets its authority from Section 14 of the Ministry of Agriculture and Food Act.
   
   An appeal should be filed within a year of the decision to which party is aggrieved. To initiate an appeal, write to the Appeal Tribunal requesting an appeal. In your letter, provide a copy of the decision you are appealing and state what it is you are objecting to and what relief you want the Tribunal to grant.
   
   

3. Appeals Concerning Issuance of Licences under the Milk Act and the Farm Products Marketing Act.
   
   The Tribunal serves as a licence review board under, the Milk Act, the Farm Products Marketing Act and various other Acts.
   
   Anyone aggrieved by a licensing decision of the Director, under the Act, can write to the Appeal Tribunal requesting an appeal. In your letter, provide a copy of the decision of the Director and state what it is you are objecting to and what relief you want the Tribunal to grant.
   
   
4. Applications relating to Conduct of Members of Commodity Boards
   
   The Tribunal hears applications relating to the conduct of members of commodity boards under the Commodity Board Members' Act.
   
   To initiate an appeal, write a letter to the Appeal Tribunal requesting a hearing and explain what it is about the conduct of a board member that gives you reason to suggest that member be removed from the commodity board.
   
   
5. Appeals concerning Drainage matters
   
   The Drainage Act provides three bodies to which a landowner may appeal when a drainage works is being proposed or improved. The appeal bodies are the Court of Revision, the Ontario Drainage Tribunal and the Drainage Referee.
   
   The Ontario Drainage Tribunal hears appeals on the technical aspects of the drainage works and appeals on the assessment decisions of the Court of Revision. Some of the primary responsibilities include:
   1. Authority to review an Engineering Report on grounds that:
      
      i) the cost of the project is larger than the expected benefits;
      
      ii) the proposed work should be modified (appellant to specify what should be changed)
      
      iii) the allowances provided for land used, or damages, are too large or too small;
      
      iv) the report says the work cannot be done under the Act.
      
      
   2. Authority to review the decisions of the Municipal Council with respect to a drain under the Drainage Act with power to compel it to appoint an engineer, adopt an Engineering Report, etc.
      
      
   3. Authority to review an environmental appraisal of the Drainage Works.
      
      
   4. Authority to review the quality of construction after completion of the Works.
      
      
   5. Authority to hear appeals on the assessment of the cost of the work after the Court of Revision has made its decision on assessments.

      To appeal to the Tribunal, a landowner must serve written notice, stating the grounds for the appeal, upon the Clerk of the initiating municipality. Notice of Appeal forms are available from the municipal clerk. The Clerk records the appeal and sends a copy to the Appeal Tribunal. Your appeal should clearly indicate what part of the project you object to and what you want the Tribunal to do for you.
      
      The Appeal Tribunal has the power to fix costs of the hearing and award them against a party to the hearing but does so in few cases. The costs are usually sufficient to pay for any professional or other witnesses who have come to give evidence at the hearing.
      
      Three members of the Tribunal panel, one of whom is a barrister entitled to practise in Ontario, constitute a quorum. Most decisions of the Tribunal are final.
      

6. Applications for accreditation status for farm organizations and eligibility for special funding for a francophone farm organization.
   
   The Appeal Tribunal accredits farm organizations for eligibility for funding.
   
   Regulation 722/93 (amended to O. Reg. 445/97), under the Farm Business Registration and Farm Organizations Funding Act sets out the criteria to be met in order to receive accreditation and special funding status.
   
   

7. Application for waiver of filing or payment under the Farm Business Registration and Farm Organization Funding Act because of religious convictions or belief.
   
   The Appeal Tribunal reviews applications and holds hearings concerning applications from individuals who request exemption from filing or payment under the Act because of their religious convictions. Applications can be obtained by contacting the Appeal Tribunal office at 1-888-466-2372, Ext. 63433.
   
   

8. Appeals concerning farmlands eligible for 25% rate.
   
   The Appeal Tribunal acts as the Assessment Review Board for appeals concerning land classed as eligible farmland. Under the Assessment Act farmlands are placed in a separate category and are assessed at a rate of 25% of the rate for residential properties.

   The Tribunal gets its authority under Section 24 of the Farm Registration and Farm Organizations Funding Act, 1993).
   
   Under this Act, decisions of the Tribunal are final.
   

9. Appeals concerning the Agricultural Employees Protection Act (AEPA)

   The purpose of the AEPA is to protect the rights of agricultural employees while having regard to the unique characteristics of agriculture.

   The Tribunal may hear complaints where it is alleged that there has been a contravention of the AEPA. A specially appointed roster of Tribunal members hears these complaints. The special roster has adopted the Tribunal's Rules of Procedures for hearings under the AEPA.

   To initiate an appeal, write a letter of complaint to the Appeal Tribunal describing the relevant details of the contravention of the Act.
   

10. Board of Negotiation
    
    Under the Environmental Protection Act, where a person complains that a contaminant is causing or has caused injury or damage to livestock or to crops, trees or other vegetation which may result in economic loss, the person may, within 30 days after notice of the claim is given to the Minister of the Environment, serve notice stating that he or she requires a settlement of the claim to be negotiated by the board of negotiation. A board will be convened to negotiate with the parties. If no settlement is reached, the parties can proceed to the courts for a solution to their problem.

    To view Ontario Statutes and Regulations, refer to Related Links.

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What Happens at an Appeal?

The procedure at an appeal hearing is court-like but less formal.

Both parties are given the opportunity to present their case to the Appeal Tribunal. Witnesses may be called to give sworn testimony. Each party also has the opportunity to cross-examine the other party's witnesses.

Documents may also be introduced into evidence at the hearing. Parties who are intending to introduce documents into evidence are required to provide copies to the other party prior to the hearing. Copies of these documents must also be filed with the Appeal Tribunal in advance of the hearing.

The decision of the Appeal Tribunal is given in writing, together with reasons for the decision, usually within four weeks of the hearing date.

Procedure at a hearing is governed by the Statutory Powers and Procedure Act.

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Do I Have to Hire a Lawyer?

No.

A party may present its case personally or be represented by a lawyer. The decision to hire a lawyer is entirely up to the individual. Most cases that come before the Appeal Tribunal do not have lawyers involved.

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Where are the Hearings Held?

Hearings on drainage issues are held in the municipality, usually the Municipal Office, where the appeal has been filed.

Hearings on other matters are held throughout the province. The practice of the Appeal Tribunal is that if you are within two hours drive of the Appeal Tribunal office in Guelph, the hearing is held there. Every effort is made to have the hearing in a location convenient to all parties.

Office Support

The Appeal Tribunal is supported by staff of the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA). The Tribunal operates independently of the Ministry.

Related Links

• Ontario Statutes and Regulations

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