|
Policy Statement
The Agricultural Crown Lands Appeal Board is an open, accessible and
accountable entity, desirous of ensuring fair and equitable management and administration
of Crown lands within the Province of Manitoba.
Independent of the Crown Lands Branch, the Appeal Board must be
impartial and not biased by either the business of Crown Lands Branch administration or by
personal interests.
Jurisdiction
The Appeal Board consists of five members appointed by the Lieutenant
Governor in Council.
The focus of the Appeal Board is to hear appeals submitted by any
person who is aggrieved by a decision of the Director to:
Notice of Appeal
Persons wishing to file a Notice of Appeal must do so
within 30 days
after the date the Branch sent notice of the decision or within such further time as the
Appeal Board may permit.
All Notices of Appeal shall be made in written form and
filed with the Secretary to the Appeal Board.
There shall be no right of appeal in cases where a lease, use permit,
or work permit is cancelled because of the failure to pay an amount owing under the lease,
use permit or work permit.
A Notice of Appeal must contain:
*Applicants should include relevant supporting documentation with
the request for an appeal hearing.
Where the Notice of Appeal does not contain the information listed
above, the appeal may be disallowed by the Appeal Board.
Public Hearing
Upon receiving a written Notice of Appeal, the Appeal Board:
The Appeal Board shall give at least 14 days notice of the date of the
hearing of a valid appeal to the appellant and any other person whose interests, in the
opinion of the Appeal Board, may be affected by its decision.
On the date of the public hearing, the Appeal Board shall hear all
evidence pertaining to the appeal in question.
The Appeal Board shall reserve the right, (before or during a hearing),
to carry out any investigation or inspection, or refer any question for an expert opinion
that it considers necessary or advisable.
Appellants or designates who do not appear at the hearing, shall be
deemed to have abandoned or withdrawn their appeal. In exceptional circumstances and
when the Appeal Board's Secretary has been notified of an appellant's inability to attend,
the Appeal Board may consider a telephone interview.
What to Expect at the Hearing
At the appointed day, time and place, the appellant(s) and the
successful applicant will have the opportunity to appear before the Appeal Board.
Presentations should include accurate information, supported by relevant documentation,
and will be given under oath in the following order:
- Manager of Program Delivery & Field Services, Manitoba
Agriculture, Food and Rural Initiatives, Crown Lands - summary of applicable policies;
- Land Representative, Manitoba Agriculture, Food and Rural
Initiatives, Crown Lands - overview of properties involved;
- Appellant;
- Interested Applicant(s) - will be heard in order from lowest to
highest score;
Successful Applicant.
Thirty minutes, including time for questions, will be allowed for each
presentation. Presenters may be requested to remain at the hearing until the appeal
is adjourned.
Decision of the Appeal Board
On considering an appeal, the Appeal Board may:
Decisions of the Appeal Board shall be completed in written form,
clearly stating the reasons for either confirming, setting aside, varying the decision of
the Director or referring the matter back to the Director for further consideration.
Barring unforeseen circumstances, all decisions of the Appeal Board
shall be delivered to the parties within 14 days following the appeal hearing.
*The decision of the Appeal Board is final
and binding on the parties and is not subject to appeal.
Agricultural Crown Lands Appeal Board
PO Box 1286
36 Armitage Avenue
Minnedosa, MB R0J 1E0
Phone: (204) 867-6550
Fax: (204) 867-6578 |
