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Overview
The Marketing of Agricultural Products Act Appeal Tribunal is an administrative body whose function is to hear – in a fair and impartial fashion – appeals of orders, directions or decisions made by the 19 marketing boards or commissions.
The Appeal Tribunal functions under the following legislation:
In making decisions, the Appeal Tribunal may do the following:
- confirm the review decision made by the marketing board or commission
- rescind the review decisions and refer the matter being appealed back to the marketing board or commission with or without recommendations
The Appeal Tribunal is neither a court of law nor an arbitrator. The Appeal Tribunal does not substitute its own decision for that of a marketing board or commission.
Governance
Search the list of public agencies to find the MAPA Appeal Tribunal's:
- mandate and roles
- code of conduct
- agency classification
Membership
The Minister of Agriculture and Irrigation must establish an Appeal Tribunal, which must consist of at least 5 members. Members are appointed by the minister for a term of 3 years.
A person who has been appointed to the Appeal Tribunal for 2 consecutive terms is not eligible to be appointed to the Appeal Tribunal until one year has passed since the previous term expired.
Members are chosen for their knowledge of Alberta's agricultural industry.
In particular, members should be knowledgeable of the role and legislative responsibilities of marketing boards and commissions.
Members should have strong communication and analytical skills, and have the ability to chair meetings.
Compensation disclosure
Public sector bodies are required to post online the names and compensation paid to:
- all Appeal Tribunal members
- employees who earn over a threshold amount (see Public sector body compensation disclosure)
This is a requirement under the Public Sector Compensation Transparency Act. The postings are required by June 30 each year for the previous calendar year, and will be maintained for 5 years.
Compensation disclosure file
Download the MAPA Appeal Tribunal’s compensation disclosure (disclosures for 2019 to 2024).
Apply for an appeal
In accordance with section 36(2) of MAPA, a decision made by a marketing board or commission pursuant to a review under subsection 36(1) may be appealed to an Appeal Tribunal within 60 days from the day the party requesting the review was served with the review decision.
An application for an appeal must:
- be in writing
- include a copy of the review decision being appealed
- state why the review decision should be rescinded
- state the outcome requested
- state whether the applicant requests that the appeal be conducted by oral hearing or consents to conduct the appeal solely based on written submissions
- provide the applicant’s contact information
- provide the contact information of the agent acting on the applicant’s behalf in respect of the appeal, if the applicant has such an agent
- provide a mailing address and (if available) an email address for service of notices and other documents in respect of the appeal
- be signed by the applicant or the applicant’s agent
Submit request
The application for appeal may be sent to the Appeal Tribunal by courier, registered mail, email or other delivery.
Email: [email protected]
Mailing address:
Alberta Agricultural Products Marketing Council
Attention: Appeal Tribunal
J.G. O'Donoghue Building,
Suite 107, 7000 113 Street NW
Edmonton, Alberta T6H 5T6
Appeal process
When an application for an appeal is received, the Appeal Tribunal must determine if the request is valid, having met the conditions outlined in section 36 of MAPA and the Review and Appeal Regulation.
Under section 14 of the Review and Appeal Regulation, the Appeal Tribunal may refuse to hear an appeal if it considers the appeal to be trivial or not made in good faith.
In this case, the Appeal Tribunal shall provide written notice to the applicant of the refusal within 30 days of receiving the application for the appeal.
Conducting the appeal
If the appeal is conducted by oral hearing, the panel must hold the appeal hearing within 120 days from the day the Appeal Tribunal received the application for appeal.
If the appeal is completed based solely on written submissions, the applicant has 30 days from the date the panel served notice (under section 12(3) of the Review and Appeal Regulation) to provide its written submissions to the panel and the marketing board or commission whose decision is being appealed.
Upon the date the applicant provided its written submissions, the marketing board or commission has 30 days to provide its written submissions to the panel and the applicant. The appeal hearing must be held within 60 days of the date when the marketing board or commission written submissions were received by the Appeal Tribunal.
In either case (for oral hearings or hearings by written submissions), the panel must provide a written decision, with reasons, within 60 days of the completion of the appeal hearing to both parties, to the marketing council, and to the minister. The minister may publish the appeal decision.
For further details on the appeal process, reference:
Appeal costs
The cost for the first day of the hearing will be shared as follows:
- 30% by the marketing council
- 35% by the marketing board or commission
- 35% by the applicant
Full costs of a hearing for every day past the first day are split evenly between the marketing board or commission and the applicant.
The minister may waive payment, in whole or in part, of the costs recovered in accordance with section 26(4) of the Review and Appeal Regulation, if requested.
For more information regarding the Appeal Tribunal or the appeal process, see the Review and Appeal Regulation or contact the Appeal Tribunal below.
Contact
Connect with the Appeal Tribunal:
Hours: 8:15 am to 4:30 pm (open Monday to Friday, closed statutory holidays)
Phone: 780-427-2164
Toll free: 310-0000 before the phone number (in Alberta)
Email: [email protected]