Acts and Regulations

2011, c.203 - Pesticides Control Act

Full text
Appeals
27(1)A person affected by an order made by an inspector under section 25 may appeal to the Board by delivering or mailing by prepaid mail to the Board, within 30 days after the day on which the order was served, a notice of appeal together with the grounds on which the appeal is based.
27(2)On receiving a notice of appeal, the Chair of the Board shall arrange for a hearing to be held into the matter within five days after receipt of the notice of appeal, and the Board shall provide the person against whom the order was made, the inspector and any other person the Board considers to be an interested person the opportunity to appear before the Board either in person with counsel or by counsel.
27(3)The Board shall review all evidence presented at the hearing and all representations made and, within 48 hours after the hearing, shall submit a recommendation to the Minister that the order stand, be revoked or be varied.
27(4)After considering the recommendation of the Board, the Minister may declare that the order stand, may revoke the order, or may vary the order in any way the Minister considers appropriate.
27(5)When an appeal is taken against an order made under section 25, the order is effective until revoked or varied under subsection (4) unless the Minister in writing stays the application of the order pending appeal.
R.S.1973, c.P-8, s.29; 1982, c.48, s.17; 1994, c.92, s.15; 2002, c.28, s.5
Appeals
27(1)A person affected by an order made by an inspector under section 25 may appeal to the Board by delivering or mailing by prepaid mail to the Board, within 30 days after the day on which the order was served, a notice of appeal together with the grounds on which the appeal is based.
27(2)On receiving a notice of appeal, the Chair of the Board shall arrange for a hearing to be held into the matter within five days after receipt of the notice of appeal, and the Board shall provide the person against whom the order was made, the inspector and any other person the Board considers to be an interested person the opportunity to appear before the Board either in person with counsel or by counsel.
27(3)The Board shall review all evidence presented at the hearing and all representations made and, within 48 hours after the hearing, shall submit a recommendation to the Minister that the order stand, be revoked or be varied.
27(4)After considering the recommendation of the Board, the Minister may declare that the order stand, may revoke the order, or may vary the order in any way the Minister considers appropriate.
27(5)When an appeal is taken against an order made under section 25, the order is effective until revoked or varied under subsection (4) unless the Minister in writing stays the application of the order pending appeal.
R.S.1973, c.P-8, s.29; 1982, c.48, s.17; 1994, c.92, s.15; 2002, c.28, s.5