Agriculture and Agri-Food Administrative Monetary Penalties Act (S.C. 1995, c. 40)

Head Office

Marginal note:Head office

• 37 (1) The head office of the Tribunal is to be in the National Capital Region as defined in section 2 of the National Capital Act.

• Marginal note:Sittings

  (2) The Tribunal is to sit at the places in Canada that may be specified by the Governor in Council.

Jurisdiction

Marginal note:Tribunal

• 38 (1) The Tribunal has sole and exclusive jurisdiction to hear and determine all questions of fact or law in relation to any matter over which it is given jurisdiction under this Act or any other Act of Parliament.

• Marginal note:Review by Federal Court

  (2) An order of the Tribunal may only be reviewed under the Federal Courts Act.

Marginal note:Chairperson

• 39 (1) The jurisdiction of the Tribunal in relation to the following matters is to be exercised by the Chairperson:

  • (a) requests under subsection 8(1) or 12(2) for a review in respect of a notice of violation that contains a warning; and

  • (b) requests under paragraph 9(2)(c) or 13(2)(b) for a review in respect of a notice of violation that sets out a penalty of less than $2,000.

• Marginal note:Other legally qualified members

  (2) The jurisdiction of the Tribunal in relation to a matter referred to in subsection (1) may be exercised, if the Chairperson so directs, by any member of the Tribunal with the legal qualifications described in section 28.

Marginal note:Reviews

40 Reviews by the Tribunal are to be heard by a single member.

Powers

Marginal note:Court of record

• 41 (1) The Tribunal is a court of record with an official seal that must be judicially noticed.

• Marginal note:Examination of witnesses, etc.

  (2) In addition to the powers conferred by subsection (1), the Tribunal has, with respect to the appearance, swearing and examination of witnesses, the production and inspection of documents and other things, the enforcement of its orders and other matters necessary or proper for the due exercise of its jurisdiction, all the powers, rights and privileges that are vested in a superior court of record and, without limiting the generality of the foregoing, it may

  • (a) issue a summons requiring a person

    • (i) to appear at the time and place stated in the summons to testify to all matters within the person’s knowledge relative to any subject matter before the Tribunal, and

    • (ii) to bring and produce any document, book or paper in the person’s possession or under the person’s control relative to that subject matter;

  • (b) administer oaths and examine any person on oath; and

  • (c) during a hearing, receive any evidence that it considers relevant and trustworthy.

Rules

Marginal note:Rules

42 The Tribunal may, with the approval of the Governor in Council, make rules governing

• (a) the practice and procedure in respect of hearings;

• (b) the time and manner in which applications and notices must be made or given; and

• (c) the work of the Tribunal under this or any other Act of Parliament.

General

Marginal note:Consultations

43 The members of the Tribunal may consult with other members of the Tribunal in respect of any matter before it.

Marginal note:Rules of evidence

44 The Tribunal is not bound by any legal or technical rules of evidence in conducting any matter that comes before it. It must deal with matters that come before it as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit.

Marginal note:Privileged evidence not receivable

45 The Tribunal is not entitled to receive or accept as evidence anything that would be inadmissible in a court by reason of any privilege under the law of evidence.

46 to 89 [Repealed, 2012, c. 24, s. 102]

90 [Repealed, 2012, c. 24, s. 102]