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FARM PRODUCTS AGENCIES ACTNFPMC General Rules of ProcedureRules Of Procedure of the National Farm Products Marketing Council with Regard to the Conduct of Hearings under Section 8 of the ActWhereas in accordance with section 10 of the Farm Products Marketing Agencies Act* the Council desires to make rules of procedure to govern the conduct of hearings; andS.C. 1970-71-72, c. 65Whereas the Council desires, through its procedures to achieve the following objectives:to ensure that Council proceedings are of sufficient focus and depth to permit the highest possible quality of decision making;to assist signatories to a national marketing plan agreed upon in a Federal-Provincial Agreement to be made aware of and deal effectively with Council concerns in respect of specific proceedings and on an ongoing basis;to facilitate involvement of the public in the regulatory process through a system that allows for a sufficient measure of informality to ensure public access and contributions;to increase the capacity of interveners to participate at hearings in an informed way; andto minimize unnecessary delay in the regulatory process.Therefore, the National Farm Products Marketing Council, pursuant to section 10 of the Farm Products Marketing Agencies Act, hereby makes the annexed Rules of Procedure of the National Farm Products Marketing Council with regard to the conduct of hearings under section 8 of the Act.Dated at Ottawa, Ontario, this 25th day of June, 1982Short Title
These Rules may be cited as the NFPMC General Rules of Procedure.
Interpretation
In these Rules,Act means the Farm Products Agencies Act; (Loi)affidavit includes a written affirmation; (affidavit)applicant means a party who submits an application or is so designated by the Council as such; (requérant)application includes any application to the Council for the making of an order with respect to any matter relating to the objects of the Council as described in the Act and a Federal-Provincial Agreement or any matter relating to a complaint; (requête)chairman means any person designated by the Council to act as the chairman of a hearing; (président)complaint means a complaint received by the Council under paragraph 7(1)(f) of the Act; (plainte)Federal-Provincial Agreement means an agreement entered into pursuant to section 32 of the Act; (accord fédéral-provincial)hearing means a public hearing held pursuant to section 8 of the Act; (audience)interrogatory means any written request by a party for information or particulars made to another party that is answered in writing by that other party; (interrogatoire)intervener means a person or party who files a statement in accordance with section 16; (intervenant)intervention means a statement filed by an intervener in accordance with subsection 16(2); (intervention)party means any party whether an applicant, intervener, or any other interested person including a corporation that is so named or designated by the Council as a party in relation to a hearing; (partie)proceeding means any inquiry, hearing or other procedure commenced by an application or a complaint to the Council or initiated by the Council of its own motion by a notice in accordance with section 9 of the Act; (instance)Secretary meansa person designated by the Council to act on its behalf in organizing the conduct of a proceeding, andthe person who acts as secretary at a hearing. (Secrétaire)
Application of Rules
Subject to the Act and the regulations, these Rules apply to every proceeding before the Council held pursuant to section 8 of the Act.The Council may, in any proceeding, direct either orally or in writing that a specified Rule shall not apply to that proceeding and may, during the proceedings make other Rules for the purpose of ensuring the expeditious conduct of the business of the Council and that proceeding.
Holiday
Whenever a time limit or deadline for the doing of a thing under these Rules falls on a Saturday or holiday, the thing may be done on the day next following that is not a holiday.
Applications
Every applicant shall file with the Secretary an application in writing signed by himself or his agent.Every application filed pursuant to subsection (1) shallcontain a clear and concise statement of the facts, the grounds of the application on which the applicant relies and the nature of the order applied for or decision requested;be divided into consecutively numbered paragraphs each of which shall be confined as nearly as possible to a separate and distinct subject-matter and portion of the application;set out the name, address and telephone number of the applicant or the applicant’s agent;be signed by the applicant or his agent;where it is signed by an agent of the applicant, be accompanied by a copy of the document that authorizes the agent to act on behalf of the applicant;contain a list of any documents that explain or support the application;designate a place where the application may be made available for public inspection; andbe filed with the Council in triplicate together with a copy of the documents listed in paragraph (f).
Additional Information
At any time after the filing of an application and before the disposition thereof by the Council, the Council may require any party to furnish the Council with such other information or documents as the Council requires to enable it to obtain a full and satisfactory understanding of the application, reply, intervention or submission.
Form of Documents
All applications, reply, interventions, submissions or other documents made or submitted by any party in connection with any proceeding shall, unless special circumstances otherwise require, be of the uniform size of 21.5 cm wide by 28 cm long and be typewritten on only one side of the page.Notwithstanding subsection (1), a complaint made pursuant to section 12 may be in any form.The style of cause for each proceeding shall consist of the name of the applicant followed by a short phrase summarizing the nature of the order or decision sought.Where an applicant referred to in subsection (3) carries on its undertaking in the name of a department, committee or division of the company, the name of the department, committee or division, as the case may be, may be substituted for that of the applicant for the purposes of any proceeding, except where a reference is intended to apply to the entire undertaking of the applicant.
Processing of Applications
Where an application does not meet the requirements of these Rules, the Secretary shall notify the applicant of the deficiencies in the application and the application shall not be considered until it is in a form satisfactory to the Council and otherwise meets the requirements of these Rules.Where an application is in a form satisfactory to the Council and otherwise meets the requirements of these Rules and the Council proposes to hold a hearing in respect of the application, the Secretary shallset the application down for hearing at such date and place as the Council directs; andpublish a notice of the application, in such form as may be prescribed by the Council,in the Canada Gazette not less than 30 days before the day fixed for the commencement of the hearing, andin one or more newspapers and farm journals in general circulation throughout Canada and in particular in those areas of Canada where, in the opinion of the Council, there are persons who are likely to be interested in the matters to be considered at the hearing.
Expedited Proceedings
On or after the filing of an application, the applicant or any party who has filed a submission intervening in the application may apply in writing to the Council for an expedited proceedings order.A copy of an application for an expedited proceedings order and such other documents and information as the Council may prescribe, together with an order of the Council setting out the persons to be served, shall be served on such persons within such time as is specified in the order.Notice of an application for an expedited proceedings order in a form prescribed by the Council shall be given to such persons and in such manner as the Council directs.A person who has been served with an order pursuant to subsection (2) and who intends to oppose or intervene in the application shall, within the time specified in the order of the Council, file with the Council and serve on the applicant his reply or submission.A person who has been notified pursuant to subsection (3) and who intends to oppose or intervene in the application shall, within such time as is fixed by the Council in the notice, file with the Council and serve upon the applicant his reply or submission.
Where an application is filed pursuant to subsection 9(1), the Council may make an expedited proceedings order.Where the Council makes an expedited proceedings order, in hearing and determining the application to which the order relates, oral evidence relating to the application or relating to a reply or submission respecting the application shall not be presented to the Council unless the Council otherwise directs.
Notice of Application
Except where the Council directs that an application may be heard and determined ex parte or makes an expedited proceedings order, the Council shall, as soon as possible after the filing of an application, set the application down for hearing.Where an application has been set down for hearing, the Secretary shall forthwith notify the applicant of the time and place fixed for the hearing and shall by such notice, indicate the persons to whom and the time within which notice of the application shall be given.The Secretary shall cause the notice referred to in subsection (2) to be published in accordance with subsection 8(2).
Complaints and Representations
A person who is directly affected by the operations of the agency may make a complaint or representation to the Council in relation to those operations.Where a complaint or representation made pursuant to subsection (1) is not directed to any application, the person making the complaint or representation may do so by delivering to the Secretary a brief written submission signed by him setting out the nature of his complaint or representation.
Where the Council determines that a complaint or representation made pursuant to section 12 constitutes an application, a submission or an intervention, it may require the person who made the complaint or representation to comply with the procedure relating to applications, submissions, or interventions, as the case may be.
Where, on the basis of a complaint or representation, the Council is satisfied that it is in the public interest to hold a hearing, the Secretary shall notify the person who made the complaint or representation to which the hearing relates and the person against whom it is made of the date and place of the hearing.
Where a complaint or representation is made on behalf of a group of persons, the person representing the group at a hearing shall file such evidence of his authority to speak for the group as the Council may require.
Reply, Interventions or Submissions
Where a respondent or an intervener intends to oppose or intervene in a proceeding, or wishes to make submissions where there is no application, and a hearing is to be convened by Council under subsection 8(2) of the Act, the respondent or intervener shall file with the Secretary, within the time specified in the notice for filing a reply, intervention or submission, a written statement containing his reply or submission, together with any supporting information or documents.Every reply, intervention or submission referred to in subsection (1) shall be signed by the party making the reply, intervention or submission or by his agent, andshall contain a concise statement of the facts from which the nature of the respondent’s or intervener’s interest in the proceeding may be determined;may admit or deny any or all of the facts alleged by any other party in the proceeding;shall be divided into consecutively numbered paragraphs each of which shall be confined as nearly as possible to a distinct subject-matter;shall set out the name, address and telephone number of the respondent or intervener and his agent, if any;shall be signed by the respondent or intervener or his agent;shall, where it is signed by the agent of the respondent or intervener, be accompanied by a copy of the document that authorizes the agent to act on behalf of the respondent or intervener;shall contain a list of any documents that explain or support the reply, intervention or submission;shall state whether the intervener or respondent wishes to appear; andshall be filed in triplicate with the Secretary together with a copy of the documents listed in paragraph (g).A respondent or an intervener shall serve a copy of his intervention or submission on such persons as the Council may specify.
A reply, intervention or submission shall be filed with the Secretary and served on the parties at least 20 days before the day fixed for the commencement of a hearing as set out in the notice thereof published pursuant to subsection 8(2) unless such notice of the Council otherwise directs.
Where a person who intends to reply to an intervention or submission fails to file his reply with the Secretary within the time specified in section 17 or the notice thereof, as the case may be, the hearing may commence and be determined without further notice to that person.
Reply to Interventions
The Council may, at any time prior to the termination of a proceeding, serve a true copy of a reply, intervention or submission on the parties.
Within 10 days after a party is served with a copy of any reply, intervention or submission, that party may mail or deliver to the Secretary a reply thereto.Where a reply referred to in subsection (1) is not mailed or delivered within the time specified in that subsection, the Secretary may refuse to accept it.
A party in a reply referred to in section 20 may object to any application, reply, intervention or submission, stating the grounds of his objection and may admit or deny any or all the facts alleged in the document.A reply shall be signed by the party or his solicitor and, where it is signed by his agent, it shall be accompanied by a copy of the document that authorizes the agent to act on behalf of the party.
Service and Filing
Subject to subsection (2), service of any notice or other document shall be by personal service, in which case service shall be on the date of delivery, or by mail, in which case the date of service shall be the date the notice or other document is deposited in a post office.Proof of service by affidavit shall, at the request of the Council, be filed with the Secretary in respect of any document required to be served.Documents to be served on the Council may be personally served at its offices in the National Capital Region described in the schedule to the National Capital Act.
Verification by Affidavit, Proof of Notice
The Council may at any time require the whole or any part of any application, reply, intervention or submission filed with the Secretary to be supported by affidavit or require proof of the fact that notice of or a copy of any such application, reply, intervention or submission has been given or sent in the manner required by these Rules, by giving notice to that effect to the person by or on behalf of whom the application, reply, intervention or submission was filed.Where a person who has been notified in accordance with subsection (1) fails to comply with the terms of the notice, the Council may set aside the application, reply, intervention or submission or any part thereof that is not supported or proved in accordance with the notice.Where in any case an affidavit referred to in subsection (1) is made as to belief, the grounds on which the belief is based shall be stated in the affidavit.
Amendment
The Council may, at any time, allow the whole or any part of any application, reply, intervention or submission filed with the Secretary to be amended on such terms and conditions, including conditions as to notice, as the Council considers appropriate in the circumstances, and the Council may order to be amended or struck out any matter that, in its opinion, may prejudice, embarrass or delay a fair hearing of the case on its merits.The Council may order amendments to any application, reply, intervention or submission filed with the Secretary as may be necessary for the purpose of hearing and determining the question in issue between the parties.No proceeding shall be defeated by any objections based solely on defects in form.
Summons, Subpoenas and Audits
The Council may, at any time, add a party to the proceedings before it.The Council may summon or subpoena a person to testify under oath or to produce any document or thing relevant to the proceedings.A summons and subpoena shall be in the forms set out in Schedules I and II respectively, and shall be signed by the chairman of the Council or the Secretary.A summons or subpoena may be served and shall have effect anywhere in Canada.
The Council may appoint a person to take evidence and report to the Council.
Stay of Proceedings
Where in a proceeding before the Council any order has been made under these Rules or under any other rule or any direction, order or regulation of the Council or under the Act requiring a person to furnish information or documents, the Council may order a stay of proceedings therein until such time as the information or documents so required have been filed with the Secretary.Where the Council directs an inquiry to be made into any matter relating to an application or complaint, the Secretary shall give such notice thereof to the parties in the proceeding as Council may designate and the Council may order a stay of proceedings therein for such time as the Council deems appropriate in the circumstances.
Settlement of Issues and Preliminary Questions of Law
Where it appears to the Council that any statement or information contained in any application, reply, intervention or submission does not sufficiently disclose the issues of fact in dispute, or to be defined, between the parties in the proceeding, the Council may direct the parties to prepare an issue, and such issue shall, if the parties do not agree to the issues of fact in dispute, or to be defined, between them, be settled by the Council either before the hearing to be held in respect of that application or during the course of the hearing.
Where it appears to the Council in any proceeding that there is a question of law, jurisdiction, practice or procedure that it would be convenient to have decided before proceeding further with the proceeding, the Council may make a decision on the question.The Council may, while making a decision on a question referred to in subsection (1), order the whole or any portion of the proceeding before it to be stayed.
Conference
The Council may, in any proceeding, direct orally or in writing the parties or their agents to appear before a member of the Council or the Secretary at a specified time and place for a conference or, in lieu of appearing personally, to make submissions in writing for the purpose of formulating issues and consideringthe simplification of issues;the necessity or desirability of amending the application, reply, intervention or submission for the purpose of clarification, amplification or limitation;the admission of certain facts or the proof of them by affidavit or the use by any party of documents of a public nature;the procedure to be followed at the hearing;the mutual exchange between the parties of documents and exhibits proposed to be submitted at the hearing; andsuch other matters as may aid in the simplification of the evidence and the disposition of the proceeding.
Production of Documents
Any party to a proceeding may, at any time before the hearing commences, give notice in writing to any other party, in whose application, reply, intervention, submission or response to an interrogatory, reference has been made to a document to produce that document for inspection by the party giving the notice or his agent and to permit him or his agent to make copies thereof.Any party to a proceeding who fails to comply with a notice given to him pursuant to subsection (1) within 10 days from the receipt thereof shall not thereafter be permitted to put the document referred to in the notice in evidence on his behalf in the proceeding unless the Council directs otherwise or he satisfies the Council that he had sufficient cause for not complying with the notice.
Unless otherwise specified in these Rules or by Council, the production and inspection of documents and the attendance of witnesses in proceedings before the Council shall be enforced in the same manner as in the Federal Court of Canada.
Interrogatories
Where in any proceeding the Council permits interrogatories to be directed to a party, such interrogatories shall beaddressed to that party;numbered consecutively;identified with a designation in the form of the following example:“CCMA (CAC) 15 Jan. 82-103”where,the first four letters are an abbreviation or a name, as the case may be, for the party from whom the response is sought,the letters in parentheses are an abbreviation for the party seeking the response,the date is the date on which the interrogatory was sent, andthe final number is the number of the particular interrogatory; andserved within the time limit directed by the Council.
Responses to Interrogatories
Subject to subsection (2), where in any proceeding the Council permits interrogatories to be directed to a party and interrogatories have been served on the party within the time limit directed by the Council, the party shall,within the time limit directed by the Council, provide a full and adequate response to each interrogatory on a separate page or pages headed with the designation described in section 33 for each interrogatory; andfile a copy of the response with the Secretary.A party who is unable or unwilling to provide a full and adequate response to an interrogatory shall,where the party contends that the interrogatory is not relevant, provide a response that sets out reasons in support of that contention,where the party contends that the information necessary to provide a response is not available, provide a response that sets out the reasons for the unavailability of such information and provide alternative available information that the party considers would be of assistance to the person directing the interrogatory, orwhere the party contends that the information sought is of a confidential nature, provide a response that sets out the reasons therefor as required by subsection 35(2),and file with the Secretary a copy of the response provided.
Confidentiality
Where a document is filed with the Council by a party in relation to any proceeding, the Council may place the document on the public record unless the party filing the document asserts a claim of confidentiality at the time of such filing.Any claim for confidentiality made in connection with a document filed with the Council or requested by the Council or any party shall be accompanied by the reasons therefor, and, where it is asserted that specific direct harm would be caused to the party claiming confidentiality, sufficient details shall be provided as to the nature and extent of such harm.A party claiming confidentiality in connection with a document shall indicate whether he objects to an abridged version of the document on the public record and, if so, shall state his reasons for the objection.The Council may place a claim for confidentiality referred to in subsection (2) on the public record and copies of such claim may be provided to such parties to the proceeding as the Council may specify.Where a claim for confidentiality is made in connection with a document that has not been filed by a party, the Council may require the party to file the document and, after the document has been filed, the Council shallreview the document in confidence; anddeal with the document in accordance with subsection (10) or (11), whichever is applicable.Any party wishing public disclosure of a document filed with the Council in relation to which there has been a publicized claim for confidentiality may file with the Councila request for such disclosure setting out the reasons therefor, including the public interest in the disclosure of all information relevant to the Council’s supervisory responsibilities; andany material in support of the reasons for public disclosure.A copy of a request for public disclosure referred to in subsection (6) shall be served on the party claiming confidentiality and that party may, unless the Council otherwise determines, file a reply with the Council and serve a copy thereof on the party requesting public disclosure.Where the Council requests of a party that a document, for which confidentiality has been claimed, be placed on the public record, the party claiming confidentiality shall have 10 days to file a reply, unless the Council otherwise determines.The Council may dispose of a claim for confidentiality on the basis of the documentation filed or may, if it considers such procedure to be just and proper,refer the matter to a conference under section 30;require depositions to be taken before a person appointed to conduct an examination under subsection 39(2); orrefer the matter to an oral hearing.Where the Council is, in respect of the disclosure of a document, of the opinion that, based on all the material before it, no specific direct harm would be likely to result from disclosure, or where any such specific direct harm is shown but is not sufficient to outweigh the public interest in disclosing the document, the document may be placed on the public record.Where the Council is of the opinion that, based on all the material before it, the specific direct harm likely to result from public disclosure of a document justifies a claim for confidentiality, the Council, may,order that the document not be placed on the public record;order disclosure of an abridged version of part of the document; ororder that the document be disclosed to parties designated by Council at a hearing to be conducted in camera.
Hearing
A hearing shall ordinarily be held in the city of Ottawa, but may be held in such other places in Canada as the Council deems necessary or desirable for the proper conduct of its business.
A hearing shall proceed from day to day but may be adjourned from time to time by order or with the authority of the Council.
The Council may direct that, at any hearing, submissions of any party to the hearing may be made in either a partial or complete public forum or in camera.Unless otherwise prescribed by these Rules or by Council, in its absolute discretion either before or during a hearing, the attendance and examination of witnesses in proceedings before the Council shall be enforced in the same manner as in the Federal Court of Canada.
The witnesses at a hearing shall be examined orally on oath unless otherwise provided by these Rules or ordered by the Council.The Council may, at any time, order that,any particular facts be proved by affidavit;the affidavit of any witness be read at a hearing on such terms and conditions as the Council considers reasonable; anda witness whose attendance ought for good and sufficient cause to be dispensed with be examined beforean officer of the Council, orany other person appointed by the Council for that purpose and authorized to administer oaths,in the presence of the parties or their agents.Where memoranda of evidence have been furnished prior to the commencement of a hearing, the Council may permit the introduction of those memoranda as evidence in chief by a witness whotestifies as to his qualifications; andconfirms that the memoranda were prepared under his direction or control and are accurate to the best of his knowledge and belief.
Notice of the time and place fixed for the taking of evidence before a person appointed by the Council and authorized to administer oaths shall contain a summary of the particulars of the order given in the manner prescribed by the Council under section 39.Evidence taken before a person referred to in subsection (1) shall be confined to the subject-matter in question and any objections to the admission of evidence shall be noted by that person and dealt with by the Council at the hearing.A copy of all evidence taken in accordance with subsection (2) shall be certified under the hand of the person by whom the evidence was taken and shall forthwith be returned to the Secretary.A copy of any evidence purporting to be certified under the hand of a person referred to in subsection (1) may be received in evidence without proof of the signature of such person or of the fact that the evidence was taken at the time and place and in the manner stated in the certificate.
Evidence from other Hearings
During a proceeding, evidence takenat any previous hearing before the Council,at a hearing before any board, commission or other competent tribunal authorized to participate in the administration of a marketing plan by a province, orin a court of civil or criminal jurisdiction in Canada,or any report, finding or order made in respect thereof may, by leave of the Council obtained before or after the commencement of the hearing, be received in evidence at the hearing.
Argument
The Council may, wherever it deems it advisable to do so, require a written brief to be submitted by the parties in a proceeding in addition to or in lieu of oral argument.
Unless the Council directs otherwise, the order of appearance at a public hearing shall be as follows:the applicant;the respondent;the interveners;other interested persons; andthe applicant in reply.
Orders and Decisions
The Council may approve, dismiss or vary the whole or any part of an application or generally with respect to the issues and conclusions associated with the subject-matter of the hearing, regardless of whether an application is or is not involved, and may grant such further or other relief, in addition to or in substitution for that requested or applied for, as to the Council deems just and proper.
The Council may give orally or in writing the reasons for its orders or decisions.
A decision of the Council shall be effective the day on which it is made or on such later day as may be stated in the decision.
Review
Where, in any proceeding before the Council, any person to whom any notice is required by these Rules to be given or sent or who is otherwise entitled to receive any notice has not been or has been insufficiently so notified, he may, at any time within 10 days after becoming aware of any order or decision made by the Council in the proceeding, or within such further time as the Council may direct, apply to the Council to review, rescind, change, alter or vary the order or decision made by it, or to rehear the original subject-matter or application, as the case may be, and the Council shall, as soon as possible after the making of any such application and on such notice as the Council deems appropriate in the circumstances, review, rescind, change, alter or vary the order or decision made by it, order a rehearing or dismiss the application.Except as provided in subsection (1), no application to the Council to review, rescind, change, alter or vary an order or decision made by it or to rehear any original subject-matter or application shall be received more than 30 days after the decision or order is communicated at the discretion of Council to the applicant, interveners or other parties or after the conclusion of the original hearing as the case may be.
(s. 25)National Farm Products Marketing CouncilSummonsM(name)(no., street)(city, province) (postal code)You are hereby summoned to attend at a hearing conducted by the above-mentioned National Farm Products Marketing Council to give evidence concerning the matters relevant to the mandate of the Council and to bring with you and produce the following documents and thingsPlease be present at the time and place indicated below and thereafter until the hearing is concluded or the Council otherwise orders. 19(date) (time)(place)(no., street)(city, province)Signed at(city)on 19(date)on behalf of the Council.Chairman(s. 25)National Farm Products Marketing CouncilSubpoenaM(name)(no., street)(city, province) (postal code)You are hereby summoned and required to attend at a hearing conducted by the above-mentioned National Farm Products Marketing Council to give evidence concerning the matters relevant to the mandate of the Council and to bring with you and produce the following documents and thingsPlease be present at the time and place indicated below and thereafter until the hearing is concluded or the Council otherwise orders. 19(date) (time)(place)(no., street)(city, province)If you fail to attend and give evidence at the hearing or inquiry or to produce the documents or things specified at the time and place indicated, without lawful excuse, you may be prosecuted and punished by fine or imprisonment.Signed at(city)on 19(date)on behalf of the Council.Chairman