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Ministry of Agriculture, Food and Rural Affairs Act

R.S.O. 1990, CHAPTER M.16

Historical version for the period June 17, 2003 to June 21, 2006.

Amended by: 1994, c. 27, s. 31; 1999, c. 12, Sched. A, s. 20; 2002, c. 16, s. 19.

Definitions

1. In this Act,

“Minister” means the Minister of Agriculture, Food and Rural Affairs; (“ministre”)

Ministry” means the Ministry of Agriculture, Food and Rural Affairs; (“ministère”)

“person” includes an unincorporated association. (“personne”) R.S.O. 1990, c. M.16, s. 1; 1999, c. 12, Sched. A, s. 20 (2).

Ministry continued

2. (1) The ministry of the public service formerly known as the Ministry of Agriculture and Food is continued under the name of the Ministry of Agriculture, Food and Rural Affairs in English and ministère de l’Agriculture, de l’Alimentation et des Affaires rurales in French. 1999, c. 12, Sched. A, s. 20 (3).

Minister to have charge

(2) The Minister shall preside over and have charge of the Ministry. R.S.O. 1990, c. M.16, s. 2 (2).

Deputy Minister and employees

3. Subject to the Public Service Act there may be appointed a Deputy Minister of Agriculture and Food and such other employees as the Minister considers necessary for the proper conduct of the business of the Ministry. R.S.O. 1990, c. M.16, s. 3.

Powers of Minister

4. Subject to the Executive Council Act, the Minister has the direction and control of,

(a) the administration of the law relating to agriculture and food in all their branches; and

(b) the administration of appropriations under the Ministry,

and has such other powers and shall perform such other functions and duties as are assigned to him or her by the Lieutenant Governor in Council. R.S.O. 1990, c. M.16, s. 4.

Delegation of powers and duties

5. (1) Where, under this or any other Act or otherwise at law, a power or duty is granted to or vested in the Minister, the Minister may in writing delegate that power or duty to the Deputy Minister or to any other employee of the Ministry, subject to such limitations, restrictions, conditions and requirements as may be set out in the delegation. R.S.O. 1990, c. M.16, s. 5 (1).

Contracts and agreements

(2) Despite the Executive Council Act, a contract or an agreement made by a person empowered to do so under a delegation made under subsection (1) has the same effect as if made and signed by the Minister. R.S.O. 1990, c. M.16, s. 5 (2).

Protection from personal liability

6. (1) No action or other proceeding for damages shall be instituted against,

(a) the Deputy Minister or any other employee of the Ministry or anyone acting under the Deputy Minister’s authority; or

(b) a field-person appointed under the Milk Act or a member or an employee of the Agriculture, Food and Rural Affairs Appeal Tribunal or the Ontario Farm Products Marketing Commission,

for any act done in good faith in the execution or intended execution of the person’s duty or for any alleged neglect or default in the execution in good faith of the person’s duty. R.S.O. 1990, c. M.16, s. 6 (1); 1994, c. 27, s. 31 (1); 1999, c. 12, Sched. A, s. 20 (4).

Crown liability

(2) Subsection (1) does not, by reason of subsections 5 (2) and (4) of the Proceedings Against the Crown Act, relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be subject, and the Crown is liable under that Act for any such tort as if subsection (1) had not been enacted. R.S.O. 1990, c. M.16, s. 6 (2).

Establishment of programs

7. (1) Upon the recommendation of the Minister, the Lieutenant Governor in Council may establish programs for the encouragement of any branch of agriculture or food. R.S.O. 1990, c. M.16, s. 7 (1).

Conditions to services or grants

(2) A program may determine the conditions under which services are provided by the Ministry and expenses allowed or grants payable and the conditions under which grants are repayable. R.S.O. 1990, c. M.16, s. 7 (2).

Fees

(3) A program may require that fees be paid by persons engaged in the branch of agriculture or food to which the program applies and may fix the amounts thereof. R.S.O. 1990, c. M.16, s. 7 (3).

Grants not to be given as security

(4) A program may provide that a grant or payment shall not be assigned, charged, attached or given as security and that any transaction purporting to do so is void. R.S.O. 1990, c. M.16, s. 7 (4).

Program may be retroactive

(5) A program may provide that it is to come into force before the date on which it is established. R.S.O. 1990, c. M.16, s. 7 (5).

Guarantee of loans

8. (1) Upon the recommendation of the Minister, the Lieutenant Governor in Council may, upon such terms as he or she considers proper, agree to guarantee and may guarantee the payment of any loan or loans or any part thereof, together with interest thereon, made to farmers for the encouragement of any branch of agriculture or food and any such guarantee may, without limiting the generality of the foregoing,

(a) limit the amount of any individual loan to which the guarantee shall apply;

(b) define the class or classes of farmers to whom any such loan may be made; and

(c) define the purposes for which application may be made by farmers for any such loan. R.S.O. 1990, c. M.16, s. 8 (1).

Form of guarantee

(2) The form and manner of any such guarantee shall be such as the Lieutenant Governor in Council approves and the guarantee shall be signed by the Treasurer of Ontario and Minister of Economics who may sign as Treasurer of Ontario, or by such other officer or officers as are designated by the Lieutenant Governor in Council and, upon being so signed, the Province of Ontario is liable for the payment of the loan or part thereof and interest thereon guaranteed according to the terms of the guarantee. R.S.O. 1990, c. M.16, s. 8 (2).

Payment of interest

(3) Where a guarantee is given under subsection (1), the Lieutenant Governor in Council may, upon the recommendation of the Minister, authorize the payment by the Province of Ontario of the whole or any part of the interest on any such loan for the whole or any part of the term of the guarantee. R.S.O. 1990, c. M.16, s. 8 (3).

Payment of guarantee, interest

(4) The Lieutenant Governor in Council may make arrangements for supplying the money necessary to fulfil the requirements of any guarantee or to provide for payment of interest under subsection (3), and to advance the amount necessary for that purpose out of the public funds of the Province of Ontario. R.S.O. 1990, c. M.16, s. 8 (4).

Payment of loss sustained

(5) Where a guarantee is given under subsection (1), the Lieutenant Governor in Council may, subject to such terms and conditions as he or she may prescribe, authorize the payment by the Province of Ontario out of the money appropriated therefor by the Legislature, of the whole or any part of the loss sustained by a person to whom a guarantee is given in collecting or attempting to collect money payable under a loan that is made pursuant to a guarantee and that is in default. R.S.O. 1990, c. M.16, s. 8 (5).

Payment of loss limited

(6) Payment of loss under subsection (5) is limited to,

(a) fees, disbursements, allowances or charges owing by the person to whom the guarantee is given to the person’s solicitor respecting matters for which costs may be taxed under the rules of court; and

(b) expenses, other than those referred to in clause (a), that are reasonably and necessarily incurred in the course of collecting or attempting to collect money payable under a loan that is made pursuant to the guarantee and that is in default. R.S.O. 1990, c. M.16, s. 8 (6).

Grants to veterinary fund

9. Where a program has been established under section 7 to provide for veterinary services in one or more than one territorial district and a veterinary agricultural committee has been established, any municipality may make grants to a veterinary fund, administered by the veterinary agricultural committee, from which payments are made to provide for the veterinary services in the territorial district. R.S.O. 1990, c. M.16, s. 9.

10. Repealed: 1999, c. 12, Sched. A, s. 20 (5).

Annual report

11. The Minister shall in each year submit to the Lieutenant Governor in Council a report of the proceedings of the Ministry during the next preceding fiscal year, and such report shall be laid before the Assembly forthwith, but, if the Legislature is not at the time in session, then within thirty days after the commencement of the next session. R.S.O. 1990, c. M.16, s. 11.

Ontario Farm Products Marketing Commission

12. (1) The commission known as the Ontario Farm Products Marketing Commission is continued as a body corporate under the name Ontario Farm Products Marketing Commission in English and Commission de commercialisation des produits agricoles de l’Ontario in French and shall consist of not fewer than three persons appointed by the Lieutenant Governor in Council. R.S.O. 1990, c. M.16, s. 12 (1).

Chair

(2) The Lieutenant Governor in Council shall appoint one of the members as chair and one or more of the members as vice-chair. R.S.O. 1990, c. M.16, s. 12 (2).

Quorum

(3) Three members of the Commission, of whom one shall be the chair or a vice-chair, constitute a quorum and are sufficient for the exercise of all jurisdiction and powers of the Commission. R.S.O. 1990, c. M.16, s. 12 (3).

Division of the Commission

(4) The chair, or in the case of the absence or inability of the chair to act, a vice-chair, may assign members of the Commission to divisions thereof and may change the assignment at any time. R.S.O. 1990, c. M.16, s. 12 (4).

Quorum necessary in division

(5) The Commission may sit in two or more divisions simultaneously so long as a quorum of the Commission is present in each division. R.S.O. 1990, c. M.16, s. 12 (5).

Remuneration

(6) Members of the Commission who are not employed in the public service of Ontario shall receive such remuneration and expenses as the Lieutenant Governor in Council determines. R.S.O. 1990, c. M.16, s. 12 (6).

Non-application

(7) The Corporations Act and the Corporations Information Act do not apply to the Commission. R.S.O. 1990, c. M.16, s. 12 (7).

Appointment of officers and employees

(8) A secretary to the Commission and such other employees as may be required may be appointed or transferred under the Public Service Act. R.S.O. 1990, c. M.16, s. 12 (8).

Where secretary absent

(9) Where the secretary is absent or the position is vacant, the Commission may appoint any person to act in that capacity. R.S.O. 1990, c. M.16, s. 12 (9).

Appointment of specialists, etc.

(10) The Commission may appoint conciliators or arbitrators or persons having technical or special knowledge to assist the Commission in any capacity. R.S.O. 1990, c. M.16, s. 12 (10).

13. REPEALED: 1994, c. 27, s. 31 (2).

Tribunal continued

14. (1) The Farm Products Appeal Tribunal is continued under the name of the Agriculture, Food and Rural Affairs Appeal Tribunal in English and Tribunal d’appel de l’agriculture, de l’alimentation et des affaires rurales in French. 1999, c. 12, Sched. A, s. 20 (6).

Members

(1.1) The Tribunal shall consist of not fewer than 10 persons appointed by the Lieutenant Governor in Council upon the recommendation of the Minister, of whom at least one shall be a barrister and solicitor entitled to practise in Ontario. 1999, c. 12, Sched. A, s. 20 (6).

Same

(1.2) The appointment of at least two of the persons appointed under subsection (1.1) shall specifically state that the person is entitled to hear matters under the Agricultural Employees Protection Act, 2002. 2002, c. 16, s. 19 (1).

Same

(1.3) The purpose of subsection (1.2) is to recognize that the Tribunal’s jurisdiction under the Agricultural Employees Protection Act, 2002 differs in nature from the rest of the Tribunal’s jurisdiction, such that a special roster for the purposes of proceedings under that Act is appropriate. 2002, c. 16, s. 19 (1).

Same

(1.4) A person whose appointment specifically states that he or she is entitled to hear matters under the Agricultural Employees Protection Act, 2002 may also act as a member of the Tribunal in relation to other matters within the Tribunal’s jurisdiction. 2002, c. 16, s. 19 (1).

Non-application of certain subsections

(1.5) Subsections (3), (6), (6.1), (8) and (9) do not apply to proceedings under the Agricultural Employees Protection Act, 2002. 2002, c. 16, s. 19 (1).

Chair and vice-chair

(2) The Lieutenant Governor in Council may appoint one of the members of the Tribunal as chair and one or more of the remaining members as vice-chair. R.S.O. 1990, c. M.16, s. 14 (2).

Same

(2.1) Any function, power or duty of the chair of the Tribunal under this or any other Act, including the Statutory Powers Procedure Act, may, if the chair is absent or unable to act, be exercised by a vice chair. 2002, c. 16, s. 19 (2).

Panels

(3) The chair may,

(a) subject to subsection (6.1), appoint panels composed of two or more members of the Tribunal to hear proceedings; and

(b) designate one member of the Tribunal to hear a motion or to conduct a pre-hearing conference or an informal hearing in a proceeding in accordance with the procedural rules of the Tribunal. 1999, c. 12, Sched. A, s. 20 (7); 2002, c. 16, s. 19 (3).

Panels, Agricultural Employees Protection Act, 2002

(3.1) The chair may, in accordance with subsections (3.2) and (3.3), appoint panels to hear proceedings under the Agricultural Employees Protection Act, 2002. 2002, c. 16, s. 19 (4).

Same

(3.2) A proceeding under the Agricultural Employees Protection Act, 2002 shall be heard by a panel composed of one or more members of the Tribunal, all of whose appointments by the Lieutenant Governor in Council under subsection (1.1) specifically state that they are entitled to hear matters under the Agricultural Employees Protection Act, 2002. 2002, c. 16, s. 19 (4).

Same

(3.3) A panel appointed under subsection (3.1) shall not be composed of an even number of members. 2002, c. 16, s. 19 (4).

Decision of panel

(3.4) The decision of a majority of the members of a panel appointed under subsection (3.1) is the Tribunal’s decision. 2002, c. 16, s. 19 (4).

Presiding member

(4) The chair or vice-chair who appoints a panel shall designate one of the members of the panel to preside over the proceeding that the panel is assigned to hear. 1999, c. 12, Sched. A, s. 20 (7).

Member may complete duties, etc.

(5) Where a member of the Tribunal resigns or his or her term of office has expired, he or she may carry out and complete any duties or responsibilities and exercise any powers that he or she would have had if he or she had not ceased to be a member, in connection with any matters in respect of which there was any proceeding in which he or she participated as a member of the Tribunal. R.S.O. 1990, c. M.16, s. 14 (5).

Quorum

(6) Subject to subsection (6.1), two members of a panel appointed in accordance with clause (3) (a) constitute a quorum and are sufficient for the exercise of all jurisdiction and powers of the Tribunal. 1999, c. 12, Sched. A, s. 20 (8).

Barrister and solicitor required

(6.1) Where a panel of the Tribunal hears proceedings under the Crop Insurance Act (Ontario), 1996 or the Drainage Act, one of the members of the panel and one of the members constituting a quorum of the panel shall be a barrister and solicitor entitled to practise in Ontario. 1999, c. 12, Sched. A, s. 20 (8).

Simultaneous panels

(7) The Tribunal may sit in two or more panels simultaneously so long as a quorum is present in each panel. 1999, c. 12, Sched. A, s. 20 (8).

Decisions

(8) The decision of the majority of the members of the Tribunal present and constituting a quorum is the decision of the Tribunal, but, if there is no majority, the decision of the member presiding governs. 1999, c. 12, Sched. A, s. 20 (8).

Practice and procedure

(9) The Tribunal may, subject to this Act and the Statutory Powers Procedure Act, determine its own practice and procedure. R.S.O. 1990, c. M.16, s. 14 (9).

Remuneration

(10) Members of the Tribunal who are not employed in the public service of Ontario shall receive such remuneration and expenses as the Lieutenant Governor in Council from time to time determines. R.S.O. 1990, c. M.16, s. 14 (10).

Documents

(11) Except as otherwise provided under subsection (12), documents of the Tribunal may be signed by the chair or any person designated in writing by the chair. R.S.O. 1990, c. M.16, s. 14 (11); 2002, c. 16, s. 19 (5).

Same, Agricultural Employees Protection Act, 2002

(12) For purposes related to proceedings under the Agricultural Employees Protection Act, 2002, a majority of the members of the Tribunal whose appointments by the Lieutenant Governor in Council under subsection (1.1) specifically state that they are entitled to hear matters under the Agricultural Employees Protection Act, 2002 may make rules providing for the signing of documents mentioned in subsection (11) in a manner different from that provided for in subsection (11). 2002, c. 16, s. 19 (6).

Statutory Powers Procedure Act, ss. 4.2, 4.3, 4.8

(13) Sections 4.2, 4.3 and 4.8 of the Statutory Powers Procedure Act do not apply in relation to proceedings of the Tribunal. 2002, c. 16, s. 19 (6).

Agricultural Employees Protection Act, 2002 and Statutory Powers Procedure Act

14.1 (1) In this section and in section 14.2,

“Tribunal” means the Agriculture, Food and Rural Affairs Appeal Tribunal. 2002, c. 16, s. 19 (7).

Statutory Powers Procedure Act, subs. 5.3 (2)

(2) In designating a person to preside at a pre-hearing conference under subsection 5.3 (2) of the Statutory Powers Procedure Act in connection with a proceeding under the Agricultural Employees Protection Act, 2002, the chair of the Tribunal may only designate a person who is a member of the Tribunal and whose appointment under subsection 14 (1.1) of this Act specifically states that he or she is entitled to hear matters under the Agricultural Employees Protection Act, 2002. 2002, c. 16, s. 19 (7).

Statutory Powers Procedure Act, subs. 12 (2)

(3) For the purposes of the application of subsection 12 (2) of the Statutory Powers Procedure Act to a proceeding under the Agricultural Employees Protection Act, 2002, the summons shall be signed by a member of the Tribunal whose appointment under subsection 14 (1.1) of this Act specifically states that he or she is entitled to hear matters under the Agricultural Employees Protection Act, 2002 or by a person authorized to do so under subsection 14 (12). 2002, c. 16, s. 19 (7).

Statutory Powers Procedure Act, subs. 12 (6)

(4) For the purposes of the application of subsection 12 (6) of the Statutory Powers Procedure Act to a proceeding under the Agricultural Employees Protection Act, 2002, the certification shall be made by a member of the panel, and not by the chair of the Tribunal. 2002, c. 16, s. 19 (7).

Statutory Powers Procedure Act, rules and guidelines

(5) Rules and guidelines made or established by the Tribunal under section 16.2 or 25.1 of the Statutory Powers Procedure Act do not, unless they are made in accordance with subsection (6), apply with respect to proceedings under the Agricultural Employees Protection Act, 2002. 2002, c. 16, s. 19 (7).

Same

(6) The majority of the members of the Tribunal whose appointments by the Lieutenant Governor in Council under subsection 14 (1.1) of this Act specifically state that they are entitled to hear matters under the Agricultural Employees Protection Act, 2002 may exercise the powers of the Tribunal to make rules and establish guidelines under sections 16.2 and 25.1 of the Statutory Powers Procedure Act with respect to proceedings under the Agricultural Employees Protection Act, 2002. 2002, c. 16, s. 19 (7).

Same

(7) With respect to proceedings under the Agricultural Employees Protection Act, 2002, a reference to rules or guidelines under any provision of the Statutory Powers Procedure Act means the rules or guidelines made under subsection (6). 2002, c. 16, s. 19 (7).

Agricultural Employees Protection Act, 2002, general

14.2 A panel appointed under subsection 14 (3.1) for the purposes of a proceeding under the Agricultural Employees Protection Act, 2002 has the powers, duties and functions of the Tribunal under the Agricultural Employees Protection Act, 2002 and under the Statutory Powers Procedure Act with respect to the proceeding for which the panel was appointed. 2002, c. 16, s. 19 (7).

Definitions

15. In sections 16, 17 and 18,

“Commission” means the Ontario Farm Products Marketing Commission; (“Commission”)

“Director” means the Director appointed under the Milk Act or the Farm Products Marketing Act; (“directeur”)

“local board” means a local board constituted under the Farm Products Marketing Act; (“commission locale”)

“marketing board” means a marketing board constituted under the Milk Act; (“commission de commercialisation”)

“Tribunal” means the Farm Products Appeal Tribunal. (“Commission d’appel”) R.S.O. 1990, c. M.16, s. 15.

Appeal to Tribunal

16. (1) Subject to subsection (4), if a person is aggrieved by an order, direction, policy or decision of the Commission or Director, made under the Farm Products Marketing Act or the Milk Act, that person may appeal to the Tribunal by filing with the Tribunal and sending to the Commission or Director written notice of the appeal. R.S.O. 1990, c. M.16, s. 16 (1).

Idem

(2) Subject to subsections (4) and (5), if a person is aggrieved by an order, direction, policy, decision or regulation made under the Farm Products Marketing Act by a local board or under the Milk Act by a marketing board, that person may appeal to the Tribunal by filing with the Tribunal and sending to the local board or marketing board written notice of the appeal. R.S.O. 1990, c. M.16, s. 16 (2).

Contents of notice

(3) Every notice under subsection (1) or (2) shall contain a statement of the matter being appealed and the name and address of the person making the appeal. R.S.O. 1990, c. M.16, s. 16 (3).

Tribunal may refuse to hear appeal

(4) The Tribunal may refuse to hear the appeal or, after a hearing has commenced, refuse to continue the hearing or make a decision if it relates to any order, direction, policy, decision or regulation of which the appellant has had knowledge for more than one year before the notice is filed under subsection (1) or (2) or, if in its opinion,

(a) the subject-matter of the appeal is trivial;

(b) the appeal is frivolous or vexatious or is not made in good faith; or

(c) the appellant has not a sufficient interest in the subject-matter of the appeal. R.S.O. 1990, c. M.16, s. 16 (4).

Conditions for appeal

(5) No appeal may be taken from an order, direction, policy, decision or regulation of a local board or a marketing board unless,

(a) the appellant has first applied to the local board or marketing board for a hearing and the local board or marketing board has refused to grant, in whole or in part, the relief requested by the appellant or has not decided the matter within sixty days of the application for a hearing; or

(b) the appellant and the local board or marketing board have waived their respective rights under clause (a) in writing. R.S.O. 1990, c. M.16, s. 16 (5).

Effect of appeal

(6) Where, by virtue of subsection 25 (1) of the Statutory Powers Procedure Act, an appeal under subsection (1) or (2) operates as a stay in the matter, the Tribunal may limit or define the scope of the stay. R.S.O. 1990, c. M.16, s. 16 (6).

Persons entitled to notice

(7) Upon receipt of a notice under subsection (1) or (2), the Tribunal shall forthwith notify the Commission, the local board, the marketing board or the Director where any such body or the Director has an interest in the subject-matter of the appeal and such body or the Director, as the case may be, shall thereupon forthwith provide the Tribunal with all relevant by-laws, documents or other materials, of any kind whatsoever, in its or his or her possession. R.S.O. 1990, c. M.16, s. 16 (7).

Notice of hearing

(8) In an appeal under subsection (1) or (2), the Tribunal shall, within ten days after the notice referred to in subsection (1) or (2) is received, send notice to the person making the appeal and upon any body entitled to receive notice under subsection (7) or the Director, as the case may be, of the date, time and place at which the appeal will be heard. R.S.O. 1990, c. M.16, s. 16 (8).

Hearing of appeal

(9) The Tribunal shall complete the hearing within forty-five days after the date set for the hearing, but the Tribunal may, at the request of any party to the proceedings, adjourn the hearing for such periods of time as the Tribunal considers just. R.S.O. 1990, c. M.16, s. 16 (9).

Parties

(10) At any hearing under this section, any person entitled to receive notice under subsection (8) and any person having a sufficient interest in the subject-matter of the appeal may be a party to the appeal and the Statutory Powers Procedure Act applies. R.S.O. 1990, c. M.16, s. 16 (10).

Powers of Tribunal on appeal

(11) Upon an appeal to the Tribunal under subsection (1) or (2), the Tribunal may by order direct the Commission, the local board, the marketing board or the Director, as the case may be, to take such action as it or he or she is authorized to take under the Farm Products Marketing Act or the Milk Act and as the Tribunal considers proper, and for this purpose the Tribunal may substitute its opinion for that of the Commission, the local board, the marketing board or the Director. R.S.O. 1990, c. M.16, s. 16 (11).

Notice of decision

(12) The Tribunal shall, within twenty days after the hearing is completed, send notice of its decision and reasons, if any, to all parties to the appeal and to the Minister. R.S.O. 1990, c. M.16, s. 16 (12).

Objection to proceeding

(13) A proceeding that is in substantial compliance with this section is not open to objection on the ground that it is not in strict compliance therewith. R.S.O. 1990, c. M.16, s. 16 (13).

Notice by mail

(14) Notice under this section may be given by mail to the usual business address of the person or, in the case of the person making an appeal, to the address shown in the notice of appeal. R.S.O. 1990, c. M.16, s. 16 (14).

Tribunal may reopen hearing

(15) After the Tribunal has decided an appeal under this section, the Tribunal may, on its own motion or upon the request of any person who is aggrieved by the decision, reopen the hearing and make a new decision, and the procedure for an appeal under this section applies to the hearing. R.S.O. 1990, c. M.16, s. 16 (15).

Request for reconsideration

17. (1) Where a person is aggrieved by an order, direction, policy or decision of the Commission, a local board, a marketing board or the Director, that person may, by written application therefor, request a reconsideration of the order, direction, policy or decision. R.S.O. 1990, c. M.16, s. 17 (1).

Decision not to be varied without hearing

(2) On any application under subsection (1), the body considering the application or the Director, as the case may be, shall not vary or rescind its or his or her decision adversely to the interests of any person without holding a hearing to which such person is a party and may make such decision after such hearing as it or he or she considers proper under any law applicable thereto. R.S.O. 1990, c. M.16, s. 17 (2).

Request for reconsideration of regulation

(3) Where any person is affected by any regulation made by a local board or a marketing board, he or she may request the local board or marketing board, as the case may be, to reconsider the regulation by serving upon the local board or the marketing board written notice of the request. R.S.O. 1990, c. M.16, s. 17 (3).

Idem

(4) Where a person is affected by any regulation made by the Commission, that person may request the Commission to reconsider the regulation by serving upon the Commission written notice of the request. R.S.O. 1990, c. M.16, s. 17 (4).

Hearing

(5) On receipt of a notice under subsection (3) or (4), the body considering the request shall hold, or shall afford to the person making the request an opportunity for, a hearing. R.S.O. 1990, c. M.16, s. 17 (5).

Procedure

(6) The Statutory Powers Procedure Act applies to a hearing under this section. R.S.O. 1990, c. M.16, s. 17 (6).

Powers of Minister

18. (1) Within thirty days after receipt by the Minister of a decision of the Tribunal under this Act and the reasons therefor, if any, or within such longer period as may be determined by the Minister within such thirty-day period, the Minister may,

(a) confirm, vary or rescind the whole or any part of the decision;

(b) substitute for the decision of the Tribunal such decision as the Minister considers appropriate; or

(c) by notice to the Tribunal require the Tribunal to hold a new hearing of the whole or any part of the matter appealed to the Tribunal and reconsider its decision. R.S.O. 1990, c. M.16, s. 18 (1).

Decision is final

(2) Subject to subsection (3), a decision of the Tribunal is final after the expiration of the period or periods mentioned in subsection (1) unless, under subsection (1), the decision is varied or rescinded or a decision is substituted for the decision of the Tribunal or a new hearing is required. R.S.O. 1990, c. M.16, s. 18 (2).

Idem

(3) A decision of the Tribunal that has been confirmed, varied or rescinded under clause (1)(a) or that has been substituted for the decision of the Tribunal under clause (1) (b) is final. R.S.O. 1990, c. M.16, s. 18 (3).

Notice to be given by Minister

(4) The Minister shall give notice, together with written reasons therefor, of any variation, rescission, substitution or requirement of a new hearing under subsection (1) to all parties to the appeal and to the Tribunal. R.S.O. 1990, c. M.16, s. 18 (4).

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