Alberta Regulation 242/2025, enacted under the Marketing of Agricultural Products Act, establishes a framework for the review and appeal of decisions made by boards, commissions, or the Council in relation to agricultural marketing matters. The regulation provides detailed procedures for applicants seeking a review of a decision and, if dissatisfied, pursuing an appeal. It defines key terms, including “appeal,” “appeal tribunal,” “applicant,” “decision maker,” and “hearing,” to ensure clarity in the application and interpretation of the regulation. An applicant may seek a review within 60 days of receiving a decision, submitting a written application specifying the decision in question, the reasons for contesting it, the desired outcome, whether the review should be oral or written, and relevant contact information.

The regulation mandates that decision makers conduct reviews unless the application is considered trivial or not made in good faith. Reviews may be conducted through written submissions if consented to, or through an oral hearing, with the decision maker determining the time and place and providing notice. Oral hearings must occur within 60 days of service of the application, while written submissions must be exchanged within 30-day timelines, with the review completed within 30 days of receipt of the final submissions. The regulation grants the decision maker discretion over adjournments, which pause statutory timelines. During oral hearings, applicants have the right to present evidence, make representations, and cross-examine witnesses, while the rules of judicial evidence do not apply. If an applicant fails to appear within an hour of the scheduled hearing, the decision maker may dismiss, adjourn, or proceed in the applicant’s absence.

If an applicant remains dissatisfied, they may appeal a review decision within 60 days to an appeal tribunal. The appeal process mirrors the review structure, requiring written applications, submissions of review decisions, statements of reasons, and specification of whether the appeal should be oral or written. The appeal tribunal must provide copies of applications to the relevant board or commission and to the Minister, and these bodies must indicate their preference for oral or written proceedings within 15 days. Panels, composed of three tribunal members, conduct appeals under timelines ranging from 60 to 120 days, depending on the mode of hearing. The chair of the appeal tribunal may refuse appeals considered trivial, lacking good faith, or failing to meet formal requirements, providing written reasons within 30 days. Panels may receive relevant evidence, summon witnesses, and conduct hearings even if parties fail to appear, while rules of judicial evidence largely do not apply.

The regulation establishes the appeal tribunal, comprising at least five members appointed by the Minister, with designated chair and vice-chair, and terms generally of three years. Panels for individual appeals are appointed by the chair or vice-chair, with one member designated as panel chair. The regulation also addresses remuneration, cost recovery, and administrative support.

Alberta (242/2025) November 12, 2025
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