[2012] 3 F.C.R. D-11
AGRICULTURE
Reference by Canadian Agricultural Review Tribunal seeking Court’s opinion on interpretation of Agriculture and Agri-Food Administrative Monetary Penalties Regulations, SOR/2000-187, s. 14(1)—Reference arising in context of notice of violation issued by Canadian Food Inspection Agency to Transport Giannone-Garceau Inc. (TGG)—TGG submitting request to review notice of violation, sending that request to Tribunal via regular mail—Request received by Tribunal 3 days past 30-day period established in Regulations, s. 11(2)—Tribunal refusing request as a result—TGG requesting reconsideration on account of post mark indicating request mailed within prescribed timeframe—Tribunal agreeing to reconsider initial decision on basis of ambiguities in Regulations, s. 14, reference questions drafted to clarify methods for submitting requests to Tribunal—Whether possible to construe Regulations, s. 14 as including regular mail as authorized mode of transmission—Regulations, s. 14 prescribing procedure, manner for filing notice of violation—While Regulations, s. 14 permissive with respect to electronic means of communication, not possible to construe s. 14 as authorizing regular mail as means of communicating request to Tribunal—Regulations, s. 9(2) providing person may request review “in prescribed time and manner”—Regulations, s. 14 not prescribing regular mail as manner of requesting review to Tribunal—Reading regular mail into s. 14 would allow for no independent means of establishing whether, when mailed request sent.
Reference re Agriculture and Agri-Food Administrative Monetary Penalties Regulations (A-485-11, 2012 FCA 130, Noël J.A., judgment dated April 26, 2012, 11 pp.)