Overview
The Marketing of Agricultural Products Act (MAPA) Appeal Tribunal functions under the MAPA and the Review and Appeal Regulation.
In making a decision, the Appeal Tribunal may do the following:
- confirm or rescind the order, direction or decision of the Marketing Board or Commission
- rescind the order, direction or decision of the Marketing Board or Commission and refer the matter back to the Marketing Board or Commission that conducted the review for a re-hearing with recommendations that the Appeal Tribunal considers appropriate, if any
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 should 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 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 and will be maintained for 5 years.
Compensation disclosure file
Download the Marketing of Agricultural Products Act Appeal Tribunal’s compensation disclosure.
Apply for an appeal
In accordance with Section 36 of the MAPA any person affected by a decision of a Marketing Board or Commission may apply to the decision-maker to review its decision within 60 days from the date the person is notified of the decision or served with the decision, whichever is sooner.
Subsequently, a review decision made by a Marketing Board or Commission may be appealed to the 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 made in writing and must:
- identify the review decision that is being appealed
- state why the review decision should be rescinded
- state the outcome requested
- state whether the applicant is requesting an oral appeal hearing, or if the applicant consents to complete the appeal hearing solely on the basis of written submissions
- provide the appellant's name, mailing address and telephone number and, if available, the appellant's email address
- if the appellant has an agent to act on the appellant's behalf in respect of the review, provide the agent's name, a telephone number at which the agent may be contacted during regular business hours and, if available, the agent's email address
- provide a mailing address and, if available, an email address for delivery of notices in respect of the appeal
- be signed by the appellant or the appellant's agent
Submit request
The application for an appeal should be emailed or submitted by registered mail to:
Email: [email protected]
Registered mail:
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 the 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.
Appeal granted
If the Appeal Tribunal has agreed to hear the appeal, and if an oral appeal hearing is required, the panel must conduct the appeal hearing within 120 days of the date when the application for appeal was received by the Appeal Tribunal.
If the parties have consented to complete the appeal solely on the basis of written submissions, the written submissions must be received by the panel within 30 days of the date when the panel received the application for appeal and consent.
The appeal hearing must be held within 90 days of the date when the written submissions were received by the Appeal Tribunal.
In either case, the panel must provide a written decision, with reasons, within 30 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 at his / her discretion
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 24(3) of the Review and Appeal Regulation, if requested.
For more information regarding the Appeal Tribunal or the appeal process, please 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]