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Practice Note #13 –
Presenting New Evidence for a Review of a Minister’s Decision

Adobe icon Practice Note #13 – Presenting New Evidence for a Review of a Minister’s Decision PDF (130KB)

1. Purpose

The purpose of this Practice Note is to explain the conditions for new evidence to be allowed, whether it is documentary evidence or testimony submitted during a review of a Minister’s decision by the Tribunal.

2. Background

The review of a Minister’s decision does not require the parties to present new evidence before the Tribunal. Therefore, the Tribunal must review all the evidence presented before the Minister to assess its relevance in determining whether the Minister’s decision should be confirmed, varied, or set aside.

3. Statement

If a party wishes to present new evidence in a request for the review of a Minister’s decision, it must present a written request to this effect. The request must explain why the presentation of new evidence is relevant and essential to the request for review before the Tribunal.

In certain circumstances, the Tribunal may receive evidence tentatively and await the parties’ arguments about whether the evidence meets the applicable standard of eligibility.

The Tribunal then decides via an order whether the evidence can be allowed. This decision is made on a case-by-case basis and may be made at various stages of the case.

4. Approval

Practice Note #13 is approved by the Tribunal’s Chairperson on September 28th, 2020.

Luc Belanger signature

Luc Bélanger
Canada Agricultural Review Tribunal