Agriculture Appeal and Review Board Regulations
made under Section 12 of the
Agriculture Appeal and Review Board Act
S.N.S. 2025, c. 16, Schedule
O.I.C. 2026-71 (effective March 3, 2026), N.S. Reg. 65/2026
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.
Citation
Definitions
Term of appointments
Filing application
Incomplete application
Board may combine applications
When fees may be refunded by Board
Refusal to hear
Suspension of application
Continuation of application
Termination of application
Conduct of hearing
Rights, powers, privileges and immunities of Board and panel
Record of hearing
Failure to appear at hearing
Written decisions of Board
Decisions may be made public
Service of documents
Applications under the Animal Protection Act
Notice
Fee for notice
Hearing
Decision
Applications under the Crop and Livestock Insurance Act
Notice
Hearing
Decision
Applications under the Farm Practices Act
Notice
Fee for notice
Hearing
Decision
Applications under the Meat Inspection Act
Notice
Hearing
Decision
Citation
1 These regulations may be cited as the Agriculture Appeal and Review Board
Regulations.
Definitions
2 (1) In these regulations,
“Act” means the Agriculture Appeal and Review Board Act;
“applicant” means a person who submits an application to the Board for a decision;
“application” means an appeal, arbitration or complaint submitted to the Board
under any of the Acts that grant the Board authority to decide on a matter;
“business day” means a day, between the hours of 8:30 am and 4:30 pm, other than
a Saturday, a Sunday or a holiday as defined in the Interpretation Act;
“clerk” means the employee of the Government appointed as clerk of the Board
under subsection 7(1) of the Act;
“notice” means a notice of application in the form prescribed by the Board and
approved by the Minister.
(2) In the Act,
“consecutive” means 12 months or less have elapsed between the end of one term
and the beginning of the next.
Term of appointments
3 A member’s term of appointment must not exceed 5 years.
Filing application
4 An applicant may make an application by filing a notice for the Act under which the
application is made.
Incomplete application
5 (1) A notice that is not submitted in the form approved by the Minister or is submitted
without all required information or documentation or application fee, if required, is
considered incomplete and will not be referred for a hearing.
(2) An applicant who submits an incomplete application must be notified by the Board
and given 2 business days to correct the deficiency.
(3) If the applicant fails to correct the deficiency by the deadline, their application may
be dismissed.
Board may combine applications
6 The Board may consider 2 or more applications together if all of the following
conditions are met:
(a) the facts underlying the applications are determined by the Board to be the
same or similar;
(b) the underlying issue relates to the same individual, residence, property or
agricultural operation.
When fees may be refunded by Board
7 A fee that is required to accompany a notice may be refunded at the Board’s sole
discretion if
(a) the application is resolved or dismissed before the Board renders a decision
regarding the subject matter of the notice;
(b) the applicant submits a written notice of withdrawal of the application; or
(c) the application is successful.
Refusal to hear
8 (1) The Board may, at any time after receiving a notice, dismiss the application if, in
the Board’s opinion, any of the following apply:
(a) the application is not within the Board’s jurisdiction;
(b) the application cannot be substantiated;
(c) the application is trivial or not made in good faith;
(d) the application is frivolous or vexatious;
(e) the application constitutes an abuse of process;
(f) the facts alleged, even if proven, do not constitute grounds for a successful
application;
(g) the applicant does not have a sufficient interest in the subject matter of the
application;
(h) the substance of the application has already been heard and a decision
rendered by the Board;
(i) the notice has any of the following deficiencies and the applicant has not
remedied the deficiency as required by Section 5:
(i) it is not in the form approved by the Minister,
(ii) it is incomplete,
(iii) it does not include the required application fee.
(2) If the Board dismisses an application, the Board must provide written reasons for
dismissal to the applicant no more than 2 business days after the date it is
dismissed.
Suspension of application
9 (1) At any time after a notice has been filed, and upon the mutual consent of the
parties to the application, the Board may suspend the application proceedings.
(2) During a suspension, any required deadlines for the Board to notify the parties
about a hearing date, conduct a hearing or render a decision are held in abeyance.
Continuation of application
10 If 1 or more parties to an application that is suspended under subsection 9(1) request that
it be resumed, the suspension must be terminated and the application must proceed in
accordance with these regulations.
Termination of application
11 An applicant may elect to terminate an application at any time by submitting a written
notice of withdrawal to the Board, and the application is deemed concluded on the date
the notice is received by the Board.
Conduct of hearing
12 (1) An application that is not dismissed or withdrawn must be referred by the Board to
a panel for a hearing.
(2) The panel must determine the date, time and place of the hearing, which may be
held virtually, at the panel’s discretion, and notify the parties to the application.
(3) At a hearing, unless the Board decides otherwise, all parties are entitled to hear the
evidence, call and cross-examine witnesses, present arguments and be represented.
(4) Despite subsection (3), the Board may choose to have a written hearing only and
the parties will be given an opportunity to provide written submissions and submit
evidence for consideration.
Rights, powers, privileges and immunities of Board and panel
13 The Board, a panel and each member of a panel have all the rights, powers, privileges
and immunities of a commissioner appointed under the Public Inquiries Act.
Record of hearing
14 A record of a hearing must be made and maintained as required by the Board and must
include all of the following:
(a) a written record of oral evidence;
(b) copies of all materials presented as evidence.
Failure to appear at hearing
15 If an applicant does not appear at the date, time and place set for the hearing, the Board
may dismiss the application.
Written decisions of Board
16 (1) After a hearing concludes, the Board must render a written decision with reasons.
(2) The clerk must send a copy of the Board’s written decision to each party.
Decisions may be made public
17 (1) The Board may make a decision or summary of a decision available to the public.
(2) If the Board makes a decision or summary of a decision available to the public, the
Board may omit any information that
(a) would disclose financial, personal or similar matters;
(b) is confidential, personal or sensitive in nature;
(c) would disclose the identity of the applicant or a witness; or
(d) could reasonably be expected to threaten a person’s safety or mental or
physical health, if made public.
Service of documents
18 (1) An order, notice or other document to be served on a person under the Act or these
regulations is sufficiently served if
(a) it is personally served;
(b) it is mailed, by prepaid registered mail, to
(i) the last known or usual address of the person, or
(ii) the last address of the person reported to the clerk under the Act or
these regulations; or
(c) it is sent electronically to an e-mail address provided by the person for this
purpose.
(2) Service by prepaid registered mail is deemed to be made 5 days after the date of
mailing.
(3) Service by e-mail address is deemed to be made on the day on which it was sent if
the document is sent by 4:00 pm, or the next day that is a business day if the
document is sent after 4:00 pm or on a day that is not a business day.
Applications under the Animal Protection Act
Notice
19 (1) To commence an application under the Animal Protection Act, a notice must be
filed no more than 5 business days after the date the seizure of animal notice made
under the Animal Protection Act is issued.
(2) A notice must be accompanied by a copy of the seizure of animal notice that is
being appealed.
Fee for notice
20 The fee required to accompany a notice is $100.00 and is not subject to taxes.
Hearing
21 (1) The Board must notify the parties of the date, time and place for the hearing no
more than 5 business days after the date the notice is received by the Board.
(2) A hearing must occur no more than 10 business days after the date the notice is
received by the Board.
Decision
22 (1) The Board must provide an oral decision no more than 2 business days after the
date the hearing concludes.
(2) The Board must provide a written decision no more than 10 business days after the
date the hearing concludes.
Applications under the Crop and Livestock Insurance Act
Notice
23 (1) To commence an application under the Crop and Livestock Insurance Act, a notice
must be filed no more than 60 business days after the end of the crop year in which
the loss occurred.
(2) A notice must be accompanied by a proof of loss form provided by the Nova
Scotia Crop and Livestock Insurance Commission.
Hearing
24 (1) The Board must notify the parties of the date, time and place for the hearing no
more than 15 business days after the date the notice is received by the Board.
(2) A hearing must occur no more than 30 business days after the date the notice is
received by the Board.
Decision
25 The Board must provide a written decision no more than 30 business days after the date
the hearing concludes.
Applications under the Farm Practices Act
Notice
26 To commence an application under the Farm Practices Act, a notice must be filed no
more than 20 business days after the date the farm practice subject to the application
occurred.
Fee for notice
27 The fee required to accompany a notice is $100.00 and is not subject to taxes.
Hearing
28 (1) The Board must notify the parties of the date, time and place for the hearing no
more than 15 business days after the date the notice is received by the Board.
(2) A hearing must occur no more than 30 business days after the date the notice is
received by the Board.
Decision
29 The Board must provide a written decision no more than 30 business days after the date
the hearing concludes.
Applications under the Meat Inspection Act
Notice
30 To commence an application under the Meat Inspection Act, a notice must be filed no
more than 10 business days after the date the licensing decision was made.
Hearing
31 (1) The Board must notify the parties of the date, time and place for the hearing no
more than 15 business days after the date the notice is received by the Board.
(2) A hearing must occur no more than 30 business days after the date the notice is
received by the Board.
Decision
32 The Board must provide a written decision no more than 30 business days after the date
the hearing concludes.
The following regulations are not
yet in force and are not included in the current consolidation: