Procedures for Section 38 Hearings under the Alberta Farm Implement Act


Amended June, 2006
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Any person who has purchased a new or used farm implement, as defined in the Alberta Farm Implement Act (FIA) and Regulation (FIR), may make an Application for Compensation subject to Section 37.

The Board is bound by the duty of procedural fairness under section 35 of the FIA. The Board is also required under section 38(2) to provide the affected parties with the opportunity to make submissions. In order to facilitate a fair hearing, with full opportunity to make submissions to the Board, the following process applies to hearings before the Board:

1.The Chairman will call the hearing to order, make introductions of the Board members, government staff, and all involved parties.
2.The Chairman will ask if there are any preliminary jurisdictional or procedural matters. These will be heard and determined by the Board.
3.The claimant will present the claimant's case first.
4. The respondents will be given an opportunity to ask questions of the claimant or any witnesses called by the claimant.
5. The respondents will then have an opportunity to present their case.
6. The claimant will be given an opportunity to ask questions of the respondent or any witnesses called by the respondent.
7. The chairman and board members will ask questions for clarification, and may require more information if necessary.
8. Both claimant and respondents will be given reasonable opportunity for rebuttal, discussion, and to make submissions to the Board.
9. After all parties have completed their cases, the chairman will adjourn the hearing.
10. A written decision will be provided to all parties within 15 days of the conclusion of the hearing.