Practice note #7 –
Obligations, Duties and Roles of Authorized Representatives
Practice note #7 – Obligations, Duties and Roles of Authorized Representatives PDF (169KB)
The purpose of this Practice Note is to set out the obligations, duties and roles of persons appointed as authorized representatives before the Tribunal. Applicants may choose to present their cases themselves or be represented by an authorized representative.
The Tribunal fully supports the participation of authorized representatives during its proceedings pursuant to Rule 18 of the Rules of the Review Tribunal (Canada Agricultural Review Tribunal). However, respectful, civil and ethical behaviour is always expected by all who appear before the Tribunal.
Obligations towards represented parties
All duly authorized representatives are expected to:
- act in the interest of the represented party throughout the various stages of the review process;
- make decisions regarding the represented party’s case or assist the represented party in making those decisions;
- inform the represented party about the various stages and procedures involved in their case;
- protect the interests of the represented party and put forward the best possible case to the tribunal; and
- inform and consult the represented party to the extent possible when making decisions about their case.
Duties towards the Tribunal
Duly authorized representatives are also expected to:
- treat the presiding Member and staff of the Tribunal and all other participants with respect and courtesy;
- obtain clear instructions from the represented party and, when appropriate, transmit those instructions to the Tribunal;
- play an active role in the proceedings;
- remain available for the hearings, conference calls and other events scheduled by the presiding Member;
- comply with all time limits, directives or orders issued by the Tribunal;
- comply with the Tribunal’s Rules of Procedure; and
- refrain from any activity that would undermine the administration of justice, such as knowingly presenting false or misleading evidence or dissuading a witness from giving truthful testimony.
Failure to comply with obligations and duties
The Tribunal may take the measures it deems appropriate against any failure to abide by the obligations and duties listed above.
Note: The obligations and duties set out in this Practice Note also apply, with the necessary adjustments, to self-represented parties.
Practice Note #7 is approved by the Tribunal’s Chairperson on September 28th, 2020.
Canada Agricultural Review Tribunal