Practice Note #2 –
Admissibility of Requests for Review
Practice Note #2 – Admissibility of Requests for Review PDF (169KB)
1. Purpose
The purpose of this Practice Note is to explain the procedure and conditions that apply for determining the admissibility of a request for review submitted to the Tribunal.
2. Background
In order for a request for review to be considered by the Tribunal, the applicant must meet the legislative requirements of the Agriculture and Agri‐Food Administrative Monetary Penalties Act (AAAMPA) and the Rules of the Review Tribunal (Canada Agricultural Review Tribunal) (Rules).
The Tribunal therefore acts according to its powers set out in this legislative framework, which provides that the Tribunal has 60 days from the initial acknowledgement of receipt of a request for review to determine its admissibility.
3. Statement
Before ruling on the admissibility of a request for review, the Tribunal will ask the parties to ensure that they have submitted all the information required by the Rules. The Tribunal may at any time communicate with the parties to obtain additional information.
Requests for review are generally declared inadmissible for the following reasons:
The Tribunal will provide the parties with an acknowledgement of receipt for all electronic submissions.
Please note that the Tribunal’s assistance and processing services are only available during business hours, which are Monday to Friday from 8:30 a.m. to 4:30 p.m. (Eastern Time). Electronic filings made outside business hours will be processed by the Tribunal on the following business day.
- The applicant files the request for review, but has already paid the administrative monetary penalty set out in the Notice of Violation;
- The applicant did not submit the request for review within the prescribed deadlines set out in the AAAMPA;
- The request for review was not submitted by a method of filing authorized by the Rules and the AAAMPA; or
- The request for review does not meet the requirements set out in Rules 31 or 47 of the Rules.
When the Tribunal finds that a request for review is inadmissible, it will render a decision explaining the reasons the request is inadmissible.
For any request determined to be inadmissible, the Tribunal does not hear the case. However, the Federal Court of Appeal may review the the Tribunal’s decision on the admissibility of the request by way of judicial review.
4. Approval
Practice Note #2 is approved by the Tribunal’s Chairperson on September 28th, 2020.
Luc Bélanger
Chairperson
Canada Agricultural Review Tribunal