Farm Practices Act Regulations, (P.E.I. Reg. EC505/99)

PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this regulation, current to February 1, 2004. It is intended for information and reference purposes only. This document is not the official version of these regulations. The regulations and the amendments printed in the Royal Gazette should be consulted to determine the authoritative text of these regulations. For more information concerning the history of these regulations, please see the Table of Regulations. If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4291 Email: legislation@gov.pe.ca http://www.gov.pe.ca/law/index.php3 http://www.gov.pe.ca/royalgazette/index.php3 http://www.gov.pe.ca/photos/original/leg table regs.pdf mailto:legislation@gov.pe.ca CHAPTER F-4.1 FARM PRACTICES ACT REGULATIONS Pursuant to section 17 of the Farm Practices Act R.S.P.E.I. 1988, Cap. F-4.1, Council made the following regulations: FARM PRACTICES REVIEW BOARD 1. In these regulations, “public” includes the media. (EC505/99) Definition, public 2. Every member of the Farm Practices Review Board shall, prior to taking on the responsibilities of a member of the board, take an oath or affirmation of office in the following form: Oath “I (A.B.) Do solemnly swear (or affirm) that I will faithfully, truly and impartially to the best of my judgement, skill, and ability, execute and perform the office of member of the Farm Practices Review Board and will not, except in the discharge of my duties, disclose to any person any of the evidence, information or other matters which are brought before the board.” (EC505/99) 3. (1) The chairperson of the board shall ensure that a letter requesting recommendations for replacement of a board member, where the board member was appointed upon the recommendation of farm organizations pursuant to clause 3(1)(b) of the Act, is sent to all farm organizations listed in the Farm Organizations Regulations thirty days prior to expiration of the board member’s term. Recommendations of board members (2) Where a board member’s position becomes vacant prior to the expiry of the board member’s term, the chairperson of the board shall ensure that a letter requesting a recommendation for the replacement of the board member is sent to the farm organization listed in the Farm Organizations Regulations which originally recommended the board member, within thirty days of notice of the vacancy. (EC505/99) Vacancies 4. The board shall meet at least once in every calendar year Meetings of the board (a) to deal with the general business of the board; (b) to consider matters of procedure and practice before the board; and (c) to deliberate or act upon any other matters the board may deem necessary. (EC505/99) 1 2 Cap. F-4.1 Farm Practices Act Updated 2002 Regulations 5. Where a member’s failure to attend board meetings hinders the proper and timely discharge of the board’s responsibilities, failure to attend shall constitute improper conduct and shall be reported to the Lieutenant Governor in Council. (EC505/99) Attendance at board meetings RULES OF PRACTICE AND PROCEDURE 6. (1) Where the board makes rules of practice and procedure pursuant to subsection 3(6) of the Act, the rules shall be in writing. Written rules (2) In determining its rules of practice and procedure, the board shall ensure full opportunity is provided to all interested persons to present any evidence or information that is, in the opinion of the board, relevant. Opportunity to be heard (3) All parties and all persons representing parties shall, upon request, have access to the written rules of practice and procedure. (EC505/99) Access to rules of practice and procedure 7. A record of board decisions made pursuant to subsections 7(1), 9(4), 11(2), and 13(3) of the Act, together with written reasons for each decision, shall be maintained at the offices of the board and shall be made available to the public on request to the chairperson. (EC505/99) Records of board decisions COMPLAINTS 8. The board shall provide a copy of the application to the farmer named in the application and any other person added as a party by the board within 30 days of receipt of the application. (EC505/99) Notice to farmer or other person MEDIATION 9. (1) The board shall create and maintain a list of mediators, approved by the board, to perform mediation of complaints pursuant to section 9 of the Act. Mediator’s list (2) The board shall review the credentials, training and experience of each mediator prior to approving the mediator. Review of qualifications (3) Where, in the opinion of the board, a mediator possesses an acceptable level of training and experience in mediation, the mediator shall be approved and the mediator’s name shall be placed upon the approved list. Approval (4) Where all parties to a complaint made pursuant to the Act wish to use the services of a mediator whose name is not on the list created pursuant to subsection (1), the parties may apply to the board for Request for appointment (a) approval of the mediator; and 2 Updated 2002 Farm Practices Act Cap. F-4.1 3 Regulations (b) placement of the mediator’s name on the list created pursuant to subsection (1) by making a written request to the board, signed by all parties to the complaint, for approval of the mediator. (EC505/99) 10. Unless the board determines otherwise in the terms and conditions of a mediation, any party to a mediation may obtain the services or assistance of persons with technical, scientific, legal or other forms of expertise in the mediation, at the party’s own expense. (EC505/99) Assistance of expert PROCEEDINGS BEFORE THE BOARD 11. The board may receive any evidence by way of oath, affirmation, declaration or affidavit, where in the opinion of the board the evidence appears relevant to the matter being heard, without regard to whether or not the evidence would be admissible as evidence in a court of law. (EC505/99) Evidence 12. All hearings before the board shall be recorded by a person retained by the board for that purpose. (EC505/99) Recording 13. Except as provided in section 12, no person shall be permitted to record proceedings before the board using any form of audio or video recording equipment or technology. (EC505/99) Prohibition against cameras, recording equipment 14. Records of all hearings shall be maintained by the board for at least three years from the date of completion of the hearing. (EC505/99) Maintenance of records 15. The board may impose a limit that is, in the opinion of the board, reasonable upon the length and number of submissions by any party or person at a hearing. (EC505/99) Reasonable limit 16. Every order issued to a farmer by the board shall indicate a specific date for compliance with the order. (EC505/99) Order PANEL HEARINGS 17. The chairperson or vice-chairperson of the board shall act as chairperson for the panel, unless the chairperson or vice-chairperson has designated another panel member to act as the panel chair. (EC505/99) Panel chair 18. The panel shall provide written notice of the hearing to all parties which shall indicate the date, time and location of the hearing, and identify the matter to be heard. (EC505/99) Notice of hearing 19. (1) Subject to section 13, hearings shall be open to the public, unless the panel determines otherwise pursuant to subsection (2). Hearings open to public 3 4 Cap. F-4.1 Farm Practices Act Updated 2002 Regulations (2) Notwithstanding subsection (1), a panel may exclude the public from a hearing where the panel is of the opinion that the possibility of serious harm or injustice to any person outweighs the public interest in disclosure and justifies a departure from the general principle that hearings are to be open to the public. (EC505/99) Exception 20. Every member of a panel selected to hear an application shall be present at all times throughout the hearing. (EC505/99) Panel to hear all evidence 21. The panel may request additional evidence or submissions from any party prior to disposing of an application, including Request by panel (a) a written summary or brief of any oral submissions which were made to the panel by a party; and (b) any additional evidence, information or written submissions on any matter which the panel deems relevant to the application. (EC505/99) 22. (1) Where a panel requests additional evidence or submissions from a party after the completion of a hearing, the panel shall provide written notice of the request to all parties to the application. Notice of request (2) A party shall comply with any request by the panel made pursuant to subsection (1) within 30 days from the date of receipt of the request, unless the panel directs otherwise. Time for compliance (3) Where a party does not comply with the request of the panel within the applicable time frame, the panel shall render a decision based on all the evidence then before the panel. (EC505/99) Non-compliance 23. Any party seeking an award of costs in relation to an application shall make a request to the panel for an award of costs. (EC505/99) Costs PROCEDURE FOR DETERMINATION OF NORMAL FARM PRACTICE 24. (1) An application for the designation of a normal farm practice pursuant to section 13 of the Act shall be in writing and shall clearly identify the farm practice to which the application relates. Written application (2) Every application made under subsection (1) shall clearly indicate the applicant or applicants, and Identification (a) where the applicant is a group of farmers or other persons, all persons who are members of the group of farmers or other persons shall be identified in the application, unless the board determines otherwise; 4 Updated 2002 Farm Practices Act Cap. F-4.1 5 Regulations (b) where the applicant, or member of a group of applicants, is a corporation, the officers and directors of the corporation shall be identified in the application. (EC505/99) 25. (1) Every hearing for the designation of a normal farm practice shall be identified as a “designation hearing”. Designation hearing (2) Every designation hearing shall be open to the public. Public hearings (3) The board shall provide public notice of a designation hearing by an advertisement placed in at least one Island newspaper in circulation in each county in the province at least 21 days before the hearing. Notice of hearing (4) The notice of a designation hearing provided pursuant to subsection (3) shall indicate the subject matter of the application and the date, time and location of the hearing. Contents of notice (5) Any member of the public may request the permission of the board to make presentations or submissions to the board at a designation hearing. (EC505/99) Presentation by public 5