CONSOLIDATION

Rules of the Board of Arbitration (Agriculture and Agri-Food)

SOR/2000-306

Current to June 20, 2022



OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence

31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations

(3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency.

LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only.

NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”.

Current to June 20, 2022

TABLE OF PROVISIONS Rules of the Board of Arbitration (Agriculture and Agri-Food)

Interpretation 1

Definitions

Rules of General Application 2

Procedural matters not provided for

Unfairness

Technical defects

Calculating periods

Extension of time limits

Public nature of filed documents

Documents to be in duplicate

Filed information to be sent to parties

Communications by the Board

Change of address or fax number

Teleconference

Representation of parties

In camera hearings

Taking notice

Impartiality of Board member

Conflict of interest

Complaint 18

Filing complaint

Complaint to be signed

Contents of complaint

Additional information

Inappropriate complaints

Notification of defendant

Disputing the Complaint 24

Filing a defence

Contents of defence

Filing a counterclaim

Current to June 20, 2022

ii

Rules of the Board of Arbitration (Agriculture and Agri-Food) TABLE OF PROVISIONS

Contents of counterclaim

Defence and counterclaim to be signed

Notification of complainant

Additional information

Intervention 31

Request to intervene

Content of request

Request accepted

Request denied

Consideration of Complaint 35

Notice of hearing

Confirmation of presence

Request for summons

Refusal to issue summons

Pre-hearing conference

Failure to appear

Postponements and adjournments

Procedure if no agreement

Complainant’s presentation

Defendant’s presentation

Intervenor’s presentation

Summations

Examination, cross-examination and re-examination

Examination of witnesses

Board in control of hearing

Affidavit evidence

The Decision of the Board 51

Decision after a hearing

Communication of the decision

Coming into Force 53

Coming into force

Current to June 20, 2022

iv

Registration SOR/2000-306

July 27, 2000

CANADA AGRICULTURAL PRODUCTS ACT Rules of the Board of Arbitration (Agriculture and Agri-Food) P.C. 2000-1125

July 27, 2000

The Board of Arbitration continued by subsection 4(1)a of the Canada Agricultural Products Actb, pursuant to subsection 8(3)c of that Act, hereby makes the annexed Rules of the Board of Arbitration (Agriculture and Agri-Food). Ottawa, July 4, 2000 Her Excellency the Governor General in Council, on the recommendation of the Minister of Agriculture and Agri-Food, pursuant to subsection 8(3)c of the Canada Agricultural Products Actb, hereby approves the making of the annexed Rules of the Board of Arbitration (Agriculture and Agri-Food) by the Board of Arbitration.

a

S.C. 1995, c. 40, s. 28

b

R.S., c. 20 (4th Supp.)

c

S.C. 1995, c. 40, s. 32(1)

Current to June 20, 2022

Rules of the Board of Arbitration (Agriculture and Agri-Food)

Interpretation Definitions 1 (1) The definitions in this section apply in these Rules.

Act means the Canada Agricultural Products Act. (Loi) complainant means a person who files a complaint under subsection 9(1) of the Act. (plaignant) defendant means a person against whom a complaint is filed under subsection 9(1) of the Act. (défendeur) party means a complainant, a defendant or an intervenor. (partie) Secretary means the Secretary of the Board. (secrétaire) Interpretation (2) These Rules are to be liberally construed in order to

permit the fairest, least expensive and most expeditious way of resolving complaints.

Rules of General Application Procedural matters not provided for 2 If any question of procedure arises during a proceeding that is not covered, or not fully covered, in these Rules, the Board must decide the question in a manner that is consistent with these Rules.

Unfairness 3 If the application of any of these Rules would cause

unfairness to a party during the complaint process, the Board may waive compliance with that rule. Technical defects 4 A defect in form or a technical irregularity may be

overlooked by the Board. Calculating periods 5 In calculating periods under these Rules, all days must

be counted except that, if the time ends on a Saturday,

Current to June 20, 2022

Rules of the Board of Arbitration (Agriculture and Agri-Food) Rules of General Application Sections 5-12

Sunday or other statutory holiday, the time must be extended until the next business day. Extension of time limits 6 The Board may extend the time limits fixed in these

Rules either before or after the end of the time limits fixed. Public nature of filed documents 7 (1) A document filed with the Board by a party must be treated as a public document unless the party requests that the document be treated as confidential.

Request for confidential treatment (2) Reasons must be given for the request that a document be given confidential treatment and, if it is alleged that disclosure would cause harm to the party, the reasons must include details of the nature and extent of the harm.

Documents to be in duplicate 8 (1) Any documents sent to the Board must be sent in duplicate.

Submitting documents to the Board (2) All documents required to be submitted to the Board

must be submitted by hand or by mail, registered mail, courier or facsimile.

Faxes sent to the Board (3) The original and a copy of any document sent by facsimile must be sent by mail without delay after the facsimile transmission. Filed information to be sent to parties 9 The Board is responsible for ensuring that copies of all

documents submitted to it by a party are sent to the other parties. Communications by the Board 10 Written communications by the Board may be delivered by hand or sent by registered mail, courier or facsimile. Change of address or fax number 11 A party must without delay notify the Board of a

change of facsimile number or address. Teleconference 12 The Board may meet by teleconference for all purposes except for conducting hearings.

Current to June 20, 2022

Rules of the Board of Arbitration (Agriculture and Agri-Food) Rules of General Application Sections 13-20

Representation of parties 13 A party may be represented by counsel or by an agent authorized in writing.

In camera hearings 14 (1) A hearing before the Board may, on the request of any complainant or defendant, be held in camera if that party establishes to the satisfaction of the Board that the circumstances of the case so require. Exclusion of witnesses (2) The Board may order a witness at a hearing to be excluded from the hearing until called to give evidence.

Taking notice 15 The Board may take notice of any matter in order to expedite any proceeding.

Impartiality of Board member 16 (1) If a party is of the opinion that a member of the Board is not in a position to act impartially, that party must without delay notify the Board in writing, stating the reason for that opinion.

Exclusion of Board member (2) If the Board is of the opinion that the reason given by

that party is valid, the Board must exclude the member from consideration of the complaint. Conflict of interest 17 If the Board is of the opinion that a member of the Board is in a conflict of interest in relation to a complaint, the Board must exclude the member from consideration of the complaint.

Complaint Filing complaint 18 A complaint must be filed with the Secretary together

with copies of all relevant documents and a statement as to whether or not the complainant requests that a hearing be held. Complaint to be signed 19 The complaint must be signed by the complainant or the complainant’s counsel or agent. If an agent signs the complaint, a copy of the complainant’s written authorization of the agent must be filed with the complaint.

Contents of complaint 20 The complaint must contain the following information:

Current to June 20, 2022

Rules of the Board of Arbitration (Agriculture and Agri-Food) Complaint Sections 20-24

(a) a precise statement of the facts and the grounds on

which the complaint is based and, if possible, stating the provision of the regulations made under the Act that the defendant allegedly failed to comply with; (b) the name, address, telephone and facsimile numbers of the defendant and of any agent representing the defendant in the transaction; (c) the quantity, quality or grade of each kind of agricultural product shipped; (d) the dates of shipment and arrival; (e) the identification of any shipping vehicles; (f) the shipping and destination points; and (g) the nature of the order requested and the amount

of compensation requested. Additional information 21 (1) The Secretary, after reviewing the complaint and all supporting documentation, may require the complainant to file additional information within the period fixed by the Secretary.

Consequence of not providing information (2) If the complainant does not provide the additional

information requested by the Secretary within the period fixed by the Secretary and fails to provide a reasonable excuse for the non-compliance, the Board may proceed with the complaint based on the information already filed with it. Inappropriate complaints 22 If the Board is of the opinion that the complaint on

its face is frivolous or vexatious or does not disclose a valid basis, the Board must declare the complaint inappropriate for consideration by the Board and so advise the complainant. Notification of defendant 23 Unless the complaint is declared inappropriate for

consideration by the Board, the Secretary must send to the defendant a copy of the complaint and copies of all documents submitted with it.

Disputing the Complaint Filing a defence 24 (1) Within 30 days after the date on which the Secretary sends a copy of the complaint to the defendant, the defendant may file a defence with the Secretary.

Current to June 20, 2022

Rules of the Board of Arbitration (Agriculture and Agri-Food) Disputing the Complaint Sections 24-30

Documents to be filed (2) The defence must be accompanied by copies of all relevant documents not already filed by the complainant and a statement as to whether or not the defendant requests that a hearing be held.

Contents of defence 25 The defence must contain (a) a precise statement of the facts that constitute the grounds of the defence; and (b) a statement indicating which facts in the complaint are admitted, denied, or of which the defendant has no knowledge. Filing a counterclaim 26 (1) If the complainant is a dealer licensed under the

Act, the defendant may also, within 30 days after the date on which the Secretary sends a copy of the complaint to the defendant, file a counterclaim against the complainant. Documents to be filed (2) The counterclaim must be accompanied by copies of

all relevant documents not already filed by the complainant or filed by the defendant in support of the defence and a statement as to whether or not the defendant requests that a hearing be held.

Contents of counterclaim 27 A counterclaim must contain the same information

that is required for a complaint. Defence and counterclaim to be signed 28 The defence and any counterclaim must be signed by the defendant or the defendant’s counsel or agent. If an agent signs the defence or counterclaim, a copy of the defendant’s written authorization of the agent must be filed with it.

Notification of complainant 29 The Secretary must send to the complainant a copy of

the defence and of the counterclaim, if any, and copies of all documents submitted with them.

Additional information 30 (1) The Secretary, after examining the defence, the counterclaim, if any, and any supporting documents,

Current to June 20, 2022

Rules of the Board of Arbitration (Agriculture and Agri-Food) Disputing the Complaint Sections 30-34

may require the defendant to file additional information within the period fixed by the Secretary. Consequence of not providing information (2) If the defendant does not provide the additional information requested by the Secretary within the period fixed by the Secretary and fails to provide a reasonable excuse for the non-compliance, the Board may proceed with the complaint based on the information already filed with it.

Intervention Request to intervene 31 At any time after the Secretary sends the complaint

to the defendant, and before a hearing is scheduled for the complaint, any person, other than the complainant or the defendant, who has a direct financial interest in the proceedings may request to intervene by sending the Secretary a request in writing. Content of request 32 (1) A request to intervene must describe the person’s financial interest in the proceedings, contain a precise statement of the facts and grounds that form the basis of the intervention and be accompanied by copies of any relevant documents.

Request to be signed (2) The request must be signed by the person or the person’s counsel or agent. If an agent signs the request, a copy of the person’s written authorization of the agent must be filed with it.

Request accepted 33 If the Board is satisfied that the person has a direct

financial interest in the proceedings and that the intervention would be useful to the proceedings, the Secretary must authorize the intervention and send to the other parties copies of the material submitted by the person.

Request denied 34 If the Board does not authorize the intervention of a

person, the Secretary must return the material to that person.

Current to June 20, 2022

Rules of the Board of Arbitration (Agriculture and Agri-Food) Consideration of Complaint Sections 35-39

Consideration of Complaint Notice of hearing 35 If the complainant or defendant has requested a

hearing, the Secretary must set a date, time and place for the hearing and must, in writing, notify the parties of that date, time and place. Confirmation of presence 36 (1) Within 30 days after a party receives the notice of

hearing, the party must notify the Board in writing as to whether they intend to attend the hearing or whether they intend to present evidence and make arguments in writing. Statement of evidence (2) A party that indicates that they will attend the hearing, must also, within 30 days after receiving the notice of hearing, provide the Board with a written statement of the names of the party’s witnesses and the general nature of their evidence.

Statements to be given to parties (3) The Secretary must send a copy of the statement provided by a party under subsection (2) to the other parties.

Request for summons 37 (1) Within 30 days after a party receives the notice of hearing, the party may request that the Board issue a summons requiring any person to appear at the hearing to give evidence, or to produce any documents, relative to the subject-matter before the Board.

Content of the request (2) The request must indicate why the evidence or documents would be relative to the subject-matter before the Board. Refusal to issue summons 38 The Board may refuse to issue a summons at the request of the party if the Board considers that the evidence or documents would not be relative to the subjectmatter before the Board.

Pre-hearing conference 39 (1) If a hearing is to be held and the Board is of the opinion that a pre-hearing conference might expedite the proceedings, the Board may request the Secretary to arrange a pre-hearing conference, to take place either by telephone or by the parties appearing before the Secretary, in order to (a) simplify the issues;

Current to June 20, 2022

Rules of the Board of Arbitration (Agriculture and Agri-Food) Consideration of Complaint Sections 39-44

(b) clarify the facts that are admitted and denied, or

consider any amendment to the pleadings; (c) determine the procedure to be followed at the hearing; (d) exchange any further documents proposed to be given in evidence at the hearing; and (e) attend to any other matters that may aid in the

simplification of the evidence and the expeditious disposition of the hearing.

Summary to be prepared (2) After any pre-hearing conference, the Secretary must summarize the matters that were agreed to by the parties and send a copy of the summary to them and to the Board.

Restriction on communication (3) No communication may be made to the Board with

respect to any statement made at the pre-hearing conference except as disclosed in the summary. Failure to appear 40 If a party does not appear at a hearing and the Board is satisfied that notice of the hearing was sent to the party in accordance with section 35, the Board may proceed in the party’s absence.

Postponements and adjournments 41 A hearing may be postponed or adjourned by the

Board from time to time on any terms that the Board considers appropriate. Procedure if no agreement 42 Sections 43 to 46 apply to govern the procedure at the

hearing to the extent that the procedure for the hearing has not been determined in a pre-hearing conference or by agreement of the parties at the beginning of the hearing. Complainant’s presentation 43 At the beginning of the hearing, the complainant may present their case by first summarizing it and then presenting their evidence and making their arguments.

Defendant’s presentation 44 After the complainant presents their case, the defendant may present their case by first summarizing it and then presenting their evidence and making their arguments.

Current to June 20, 2022

Rules of the Board of Arbitration (Agriculture and Agri-Food) Consideration of Complaint Sections 45-52

Intervenor’s presentation 45 After the complainant and the defendant have presented their cases, any intervenor is entitled to give evidence. Summations 46 After all the evidence is presented, the parties may make summations.

Examination, cross-examination and re-examination 47 (1) The complainant and the defendant are each entitled to examine their own witnesses, to cross-examine a witness of another party and to re-examine their own witness for clarification.

Intervenor (2) An intervenor may be cross-examined by the complainant or the defendant but is not entitled to cross-examine them or their witnesses. Examination of witnesses 48 Witnesses at the hearing shall be examined orally on oath or affirmation.

Board in control of hearing 49 Any member of the Board may intervene at any time

and the Board may make any orders that it considers necessary for the proper conduct of the hearing.

Affidavit evidence 50 Affidavit evidence is not admissible without the consent of the party against whom the affidavit evidence is tendered.

The Decision of the Board Decision after a hearing 51 (1) If a hearing is held, the Board may render its decision orally at the end of the hearing or it may render its decision at a later date.

Decision without a hearing (2) If a hearing is not held, the Board must render its decision after its deliberations based on the material submitted by the parties. Communication of the decision 52 (1) After the Board renders its decision, the Secretary must send to each party

Current to June 20, 2022

Rules of the Board of Arbitration (Agriculture and Agri-Food) The Decision of the Board Sections 52-53

(a) a summary of the decision, if the Board rendered

its decision orally; or (b) a copy of the decision, if the Board rendered its

decision in writing. Signature required (2) The summary or decision and the reasons, if any, must be signed by one of the Board members who took part in rendering the decision.

Coming into Force Coming into force 53 These Rules come into force on the day on which they

are registered.

Current to June 20, 2022

