Gerry Ritz moved, — That Bill C-27 be amended by adding after line 19 on page 25 the following new clauses:“ADJUDICATION TRIBUNAL
55.1 (1) The Minister shall appoint a tribunal for the purpose of adjudicating claims referred to in subsection 55.2(1).
(2) No person is eligible to be appointed a member of the tribunal unless the person has knowledge and experience related to agriculture or agri-food.
(3) The tribunal shall include representatives from the private and public sectors, and at least one member must be a barrister or advocate of at least ten years’ standing at the bar of any province or a notary of at least ten years’ standing at the Chambre des notaires du Québec.
(4) The members of the tribunal shall hold office during good behaviour, but may be removed by the Minister for cause.
(5) Each member of the tribunal shall be appointed for a term not exceeding five years and is eligible for re-appointment.
(6) The tribunal may pass by-laws governing the conduct of its affairs.
(7) Each member of the tribunal shall be paid such remuneration as the Governor in Council may fix, and be reimbursed for reasonable travel and other expenses incurred while performing the member's duties outside the member's ordinary place of residence.
(8) The Minister may make regulations respecting the proceedings of the tribunal and all other matters relating to the tribunal and its members.
55.2 (1) Any person who has suffered a financial loss as a result of the frivolous, vexatious or otherwise improper action of a person acting on behalf of the Agency may file a claim with the Minister in accordance with this section.
(2) The Minister shall, upon receipt of a claim referred to in subsection (1), refer the matter for hearing to the tribunal appointed under section 55.1.
(3) The tribunal may, in relation to any claim before it,
(a) summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce such documents and things as the tribunal deems requisite to the full investigation and consideration of the claim;
(b) administer oaths and solemn affirmations; and
(c) receive and accept such evidence and information on oath, affidavit or otherwise as the tribunal sees fit, whether or not it would be admissible in a court of law.
(4) The tribunal shall
(a) hear the claim within 30 days after it is filed;
(b) determine the procedure to be followed, while giving full opportunity to the parties to present evidence and make submissions;
(c) consider all information relating to the claim;
(d) decide, on a balance of probabilities, whether the claim is valid; and
(e) within 30 days after hearing the claim, send a copy of the decision with the reasons for the decision to each party and to the Minister.
(5) Where the tribunal decides in accordance with paragraph (4)(d) that a person has a valid claim against the Agency, the tribunal shall, by order, require the Agency to make restitution to the person in an amount that the tribunal considers adequate to compensate the person for the financial loss suffered by the person.
(6) Any person who has been granted restitution by means of an order made under subsection (5) may file in the Federal Court a copy of the order, exclusive of the reasons for the order.
(7) An order of the tribunal that is filed in the Federal Court under subsection (6) shall be registered in the Court and, when registered, has the same force and effect, and all proceedings may be taken thereon, as if the order were a judgment obtained in that Court.”