Rules of the Board of Arbitration (Agriculture and Agri-Food) (SOR/2000-306)

Marginal note: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.

Marginal note:Request denied

34 If the Board does not authorize the intervention of a person, the Secretary must return the material to that person.

Consideration of Complaint

Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note:Content of the request

  (2) The request must indicate why the evidence or documents would be relative to the subject-matter before the Board.

Marginal note: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 subject-matter before the Board.

Marginal note: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;

  • (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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note:Intervenor’s presentation

45 After the complainant and the defendant have presented their cases, any intervenor is entitled to give evidence.

Marginal note:Summations

46 After all the evidence is presented, the parties may make summations.

Marginal note: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.

• Marginal note: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.

Marginal note:Examination of witnesses

48 Witnesses at the hearing shall be examined orally on oath or affirmation.

Marginal note: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.

Marginal note: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

Marginal note: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.

• Marginal note: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.

Marginal note:Communication of the decision

• 52 (1) After the Board renders its decision, the Secretary must send to each party

  • (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.

• Marginal note: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

Marginal note:Coming into force

53 These Rules come into force on the day on which they are registered.