The Hearing Procedure

Table of Contents

  1. Overview
  2. How to Prepare for an NFPPB Hearing
  3. Hearing Procedure
  4. What is a Board file?
  5. Where Will the Hearing Be Held?
  6. Please Note

Overview

If you live in the country, some aspects of farming may affect you and/or your property. The Ontario government has a conflict resolution process to help farmers and their neighbours solve conflicts and disagreements.

You can request a hearing in front of the Normal Farm Practices Protection Board (NFPPB) if you are not satisfied with the conflict resolution process. Hearings are less formal than a provincial court trial; each party (the farmer, their neighbour and any third-parties involved) can represent themselves instead of hiring a lawyer if they wish.

  • An NFPPB hearing has a number of court-like processes:
  • A court reporter may be present
  • Opening statements and closing arguments are made
  • Witnesses give information (“testify”) and are cross-examined
  • You can submit materials (“exhibits”) as evidence
  • Any party can bring forward a motion (a written request asking for an interim decision from the board)

How to Prepare for an NFPPB Hearing

Review the hearing application and other information included in the board file (see below for more information on board files).

Think about the farm practice(s) that will be discussed during the hearing and prepare information for your case.

Prepare the following before the hearing:

  • Your opening statement
  • The evidence you want to submit
  • The witness(es) you want to call
  • A list of questions you want to ask your witness(es)
  • A list of questions you want to ask the other party’s witness(es)
  • A list of questions you want to ask the board’s witness(es), if any
  • Your closing argument

The Hearing Procedure

1.Introduction

The chair of the hearing panel explains the hearing process and asks the parties to identify themselves. During the introduction, the chair may announce if there will be a site visit. (The board sometimes visits the site of the complaint to get a better understanding of the issues. The parties, or their representatives, may join the board for the site visit.)

2.Opening Statements

The applicant makes an opening statement to briefly outline their case. The respondent then makes an opening statement to present their side of the issue.

3.Presentation of Applicant’s Case

  • If you are the applicant, you start by calling your first witness. If you want to present the case yourself, you must be sworn in as a witness.
  • Each witness goes through the following procedure
  • Swearing-in: The witness must take an oath or affirmation.
  • Examination-in-chief: The applicant asks the witness questions to present the evidence for their case. Evidence can include exhibits, such as documents, photographs or maps, but all evidence must be submitted through witnesses. The applicant presents the case if they are the only witness.
  • Cross-examination: The respondent asks the witness questions to challenge the evidence presented.
  • Redirect: The applicant asks the witness questions about issues raised in the cross-examination. New issues cannot be raised at this point.
  • Board questions: The board members ask the witness questions to clarify what the witness said.
  • Response questions: The applicant can ask the witness questions about issues raised by the board.
  • Response questions: The respondent can ask the witness questions about issues raised by the board.
  • Then the applicant calls their next witness.

4.Presentation of Respondent’s Case

If you are the respondent, you call your witness(es) when the applicant is finished with their witness(es). Respondent witnesses go through the same process as applicant witnesses.

5. Board Witnesses

  • In some cases, the board may decide to call its own expert witness to ensure all necessary information is presented.
  • Each board witness goes through the following procedure:
  • Swearing-in
  • Board questions: The board panel members ask the witness questions to clarify issues raised with applicant and respondent evidence.
  • Response questions: The applicant, and then the respondent, can ask the witness questions about issues raised by the board’s questions.

6.Arguments

The argument phase begins after all the evidence has been presented. The applicant uses the evidence presented to make their case. Then the respondent does the same. The applicant is allowed a brief statement to reply to the points made by the respondent. In the argument, each party should make suggestions to the board about how it should rule.

7.Adjournment

The chair then adjourns the hearing. Decisions are normally given within 60 working days, in writing, with the reasons for the decision.

 

What is a Board File?

In some cases, before a hearing, the parties and the board members may receive a board file related to the case. The board file contains the original application and any correspondence (emails, letters, etc.) between the parties and the board leading up to the hearing. It also includes a list of witnesses that will be called by both parties at the hearing. This ensures that all parties have the same information. Board files are often not necessary if both parties are represented by lawyers.

The board file is not used by the board to make a hearing decision. The board can only base its decision on information that is submitted as evidence during the hearing. Evidence can include exhibits, such as documents, photographs or maps, but all evidence must be submitted through witnesses.

 

Where Will the Hearing Be Held?

The board tries to hold the hearing in the area where the complaint arose. Often, the board holds a hearing in the municipal chambers of the local municipality.

 

Please Note

This page is not a substitute for legal advice or representation. The Ontario Ministry of Agriculture, Food and Rural Affairs accepts no responsibility or liability for the outcome of any hearing in which any party relies on this pamphlet.