Agriculture, Food and Rural Affairs Appeal Tribunal 1 Stone Road West

Tribunal d’appel de l’agriculture, de l’alimentation et des affaires rurales 1 Stone Road West

Guelph, Ontario, N1G 4Y2 Tel: (519) 826-3433, Fax: (519) 826-4232 Email: AFRAAT@ontario.ca

Guelph (Ontario) N1G 4Y2 Tél.: (519) 826-3433, Téléc.: (519) 826-4232 Courriel: AFRAAT@ontario.ca

AGRICULTURE, FOOD AND RURAL AFFAIRS APPEAL TRIBUNAL

APPEAL:

Sweda Farms Ltd. Vs Egg Farmers of Ontario [MOTION DECISION]

Sweda Farms vs EFO (002Sweda21) [MOTION DECISION] 2022ONAFRAAT01

STATUTE:

Ministry of Agriculture, Food and Rural Affairs Act

HEARING:

January 10, 2022

DATE OF DECISION:

January 12, 2022

002Sweda21

NEUTRAL CITATION:

2022ONAFRAAT01

FILE NO.: 002Sweda21

DATE: 2022/01/11

IN THE MATTER OF the Ministry of Agriculture, Food and Rural Affairs Act, R.S.O. 1990, CHAPTER M.16, AS AMENDED.

AND IN THE MATTER OF an appeal to the Agriculture, Food and Rural Affairs Appeal Tribunal (“Tribunal”) by Sweda Farms Ltd., regarding the Egg Farmers of Ontario’s Per Bird Levy (“PBL”) rate and the Eggs for Processing (“EFP”) allocation.

AND IN THE MATTER OF a Motion brought forward by the Ontario Farm Products Marketing Commission (“OFPMC”) for status as a Participant, pursuant to Rule 8 of the Tribunal’s Rules of Procedure.

BETWEEN:

Sweda Farms Ltd. Appellant

– and –

Egg Farmers of Ontario Respondent

Norman Bourdeau, Agent

Represented by Geoffrey P. Spurr

HEARD: January 10, 2022, by video conference

Before: Glenn C. Walker, Chair

Appearances:

Norman Boudreau, Agent for the Appellant

Geoffrey P. Spurr, Counsel for the Respondent

Kirk Andrews, Counsel for OFPMC (Moving Party)

MOTION DECISION

1OFPMC makes this motion for an order granting it participant status at the hearing of this appeal pursuant to Section 16(10) of the Ministry of Agriculture, Food and Rural Affairs Act, R.S.O. 1990. c. M.16 (MAFRAA) and Rule 8 of the Agriculture, Food and Rural Affairs Appeal Tribunal Rules of Procedure (Rules).

BACKGROUND

2Sweda Farms Ltd. (Sweda) has commenced an appeal pursuant to paragraph 2 of subsection 16(1) of MAFRAA, regarding the Egg Farmers of Ontario’s Per Bird Levy rate and the Eggs for Processing allocation.

3As part of the relief requested in the Notice of Appeal, Sweda seeks, in the alternative, an order that OFPMC investigate these issues pursuant to Section 3(1)(b) of the Farm Products Marketing Act, R.S.O. 1990, c.F.9.

4OFPMC requests to be added as a participant to this appeal and argues that the Tribunal’s jurisdiction to issue remedial orders to OFPMC, directing it to exercise its authority as part of this appeal, is a matter of interest to the OFPMC.

DISCUSSION AND ANALYSIS

5Section 2.1 of MAFRAA provides that a notice of appeal shall be sent to OFPMC. Subsection 17(7) of MAFRAA also provides that the Tribunal shall notify OFPMC where it has an interest in the subject-matter of the appeal. Subsection 16(10) of MAFRAA states that any person having a sufficient interest in the subject-matter of the appeal may be a party to the appeal.

6Rule 8 of the Rules provides for the naming of a party or the naming of a participant. A person who may otherwise qualify as a party may request participant status. OFPMC has opted to apply to be named a participant rather than a party to the proceeding.

7Rule 8.03 also provides that in considering whether to name a person as a party, it may consider whether the person’s interest may be directly and substantially affected by the hearing or its result and whether the person has a genuine interest, whether public or private, in the subject-matter of the proceeding.

8The role of a participant is more restricted than that of a party and is set out in Rule 8.07.

9Based on the request by Sweda for an order directed to OFPMC, the Tribunal finds that OFPMC has a sufficient interest in the subject matter of the appeal to be named a party and consequently qualifies to be named as a participant.

10For the above reasons, the motion is granted and OFPMC is granted participant status in this appeal.