Appeal Process

Overview

The Agri-Food Appeal Committee is an independent body responsible to the Minister of Agriculture and Food. The Committee is comprised of three members who are responsible for hearing appeals against agencies regulated by The Agri-Food Act, 2004. The Committee may make a decision that does any or all of the following:

confirms, varies, disallows or stays any decision of the agency;

refers the matter back to the agency for its consideration;

substitutes its own decision for that of the agency;

makes any other direction that it considers appropriate.

The Committee's decisions are binding on the parties and must be incorporated into the actions of the agency. The parties do have the ability to appeal the decision to Saskatchewan's Court of Queen's Bench on a question of law or jurisdiction, within 45 days after the date of the decision. This is the last avenue for appeal. Any decisions at this level are final.

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Who Can Appeal?

According to The Agri-Food Act, 2004, any person aggrieved by an act or omission of an agency, within 90 days after the act or omission, may bring an appeal to the Appeal Committee.

Process

Any person aggrieved by an act or omission of an Agri-Food Act agency may file an appeal. The written notice of appeal, which is to be served upon the Appeal Committee, shall set out concisely and completely the reason for the appeal, including:

The specific act or omission of the agency;
The date of the act or omission of the agency;
The grounds for the appeal, including the provision of the Act, the regulations made pursuant to the Act or order that the appellant believes that the agency has contravened; and
The grounds that the appellant has for believing that he or she has a sufficient personal interest in the subject-matter of the appeal.

The written notice of appeal is to be accompanied by an appeal application fee of $100, payable to the Minister of Finance. This fee will be refunded to the appellant in the event the Appeal Committee rules in favour of the appellant.

Upon receipt of the written request for appeal, the Secretary will contact both the appellant and the relevant agency and advise them of the next steps. If the appellant wishes to carry on, the Secretary will notify the Chair of the Committee.

If the Appeal Committee is satisfied that the notice of appeal meets the prescribed requirements of the Act and regulations, it may:

Hold an appeal hearing;
Decide not to hear the appeal if the Appeal Committee considers that:

The subject matter of the appeal is trivial;
The appeal is not made in good faith or is frivolous or vexatious; or
The appellant does not have a sufficient personal interest in the subject-matter of the appeal.

Refer the appeal to mediation if the Appeal Committee believes that mediation may resolve the appeal and:

Appoint any person to mediate between the agency and the appellant; and
Set the terms and conditions pursuant to which the mediation is to be conducted.

The Appeal Committee has the authority to stay any action or decision of an agency that is under appeal, pending the outcome of the appeal.

The Chair of the Committee will determine the date and time of the appeal hearing if no other means (such as mediation) are deemed appropriate for dealing with the issue. The appellant and relevant agency are advised in writing of the particulars of the appeal hearing. Both sides will receive a copy of the Appeal CommitteeТs Rules of Procedure for the appeal hearing and are responsible for abiding by any requirements set out in these Rules. The relevant agency is provided a copy of the appellant's grievance at this time. Both sides are also requested to send in any written arguments to the Committee in advance of the hearing.

The appeal hearing is conducted on the appointed date. Both sides are advised of their right to legal representation and their right to bring witnesses on their behalf.

The Appeal Committee has the powers of a commissioner pursuant to The Public Inquiries Act. It may receive and accept any evidence and information under oath or declaration, by affidavit or by any other means considered necessary. Any member of the Appeal Committee may administer oaths for the purpose of taking evidence. The Appeal Committee may engage the services of experts it considers necessary and advisable to assist it in conducting the appeal hearing.

During an appeal hearing, the Appeal Committee will allow the parties adequate opportunity to make representations and present evidence. The Appeal Committee may take down in writing or record electronically oral evidence received, and receive all documentary evidence, to form the record of the proceeding.

At the conclusion of the hearing, both sides are advised of when to expect a decision. Parties are further advised that any decision of the Committee may be further appealed to the courts on a question of law or jurisdiction.

The Appeal Committee may make a decision that does all or any of the following:

Confirms, varies, disallows or stays and decision of the agency;
Refers the matter back to the agency for its consideration;
Substitutes its own decision for that of the agency;
Makes any other direction that it considers appropriate.

The Appeal Committee shall not make any award of monetary compensation or costs.

Within 15 days after the date of the decision, the Appeal Committee shall serve the appellant and the agency with a written copy of its decision and the reasons for that decision.

The decision may be made public in any manner the Appeal Committee or the Minister of Agriculture and Food considers appropriate.

To file an appeal, or if you have any questions, please contact:

Agri-Food Appeal Committee
ATTN: Mr. Ryan Boughen
302 - 3085 Albert Street
REGINA SASKATCHEWAN S4S 0B1
Phone: (306) 787-0611
Fax: (306) 787-5134
e-mail: rboughen@agr.gov.sk.ca

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Appeal Committee Members

Rules and Procedures of an Appeal Hearing

Recent Appeals and Decisions