Alastair McNish

The appellant, a tobacco farmer with a 40-year unblemished record, appealed a decision by the Ontario Flue-Cured Tobacco Growers' Marketing Board that denied his 2014 licence to produce tobacco.

The Board had found that the appellant contravened the General Regulations by failing to immediately affix stickers to bales of tobacco, resulting in the seizure and sale of the unlabelled bales.

The Tribunal upheld the finding that the appellant violated the regulations and found the seizure of the tobacco to be an appropriate penalty.

However, considering mitigating factors such as the appellant's unblemished record and cooperation, the Tribunal found the refusal to issue a 2014 licence to be too severe and ordered that the licence be granted.

The appellant appealed the decision of The Ontario Flue-Cured Tobacco Growers' Marketing Board denying her 2012 application for licence eligibility to produce tobacco.

The Board denied the application on the basis that the appellant's son, who had a history of regulatory contraventions, was the de facto producer standing behind the application.

The Tribunal upheld the Board's decision, finding that the Board was entitled to treat the appellant and her son as one unit for the purpose of assessing the application, and that the appellant failed to provide a satisfactory plan to ensure her son would not be involved in the tobacco production.

The appellant appealed the decision of The Ontario Flue-Cured Tobacco Growers’ Marketing Board denying her 2012 application for licence eligibility to produce tobacco.

The appellant sought an expedited decision so she could plant tobacco in time for the 2012 crop year.

The Agriculture, Food and Rural Affairs Appeal Tribunal dismissed the appeal, issuing its decision without reasons to accommodate the planting schedule, with full written reasons to follow.