16 (1) Subject to subsections (4) and (5), a person who is aggrieved by any of the following orders, directions, decisions, policies or regulation made under the Farm Products Marketing Act and the Milk Act may appeal the matter to the Tribunal: 1. Any order, direction, decision or policy made by a Director. 2. Any order, direction, decision, policy or regulation made by a local board or marketing board. 3. An order, direction or decision made by the Commission that applies specifically to the aggrieved person, to a group of persons of which the aggrieved person is a member or with respect to a particular dispute or incident involving the aggrieved person.  2010, c. 16, Sched. 1, s. 6 (3). Commission matters not subject to appeal (2) For greater certainty, a regulation or policy made by the Commission under the Farm Products Marketing Act or the Milk Act or an order, direction or decision of the Commission under either of those two Acts that is of general application shall not be the subject of an appeal before the Tribunal but may be subject to reconsideration by the Commission under section 17.  2010, c. 16, Sched. 1, s. 6 (3). Notice (2.1) A person shall commence an appeal to the Tribunal by filing a written notice of appeal with the Tribunal and sending a copy of the notice to the Director, the Commission, the local board or marketing board, as the case may be.  2010, c. 16, Sched. 1, s. 6 (3). Contents of notice (3) Every notice under subsection (2.1) shall contain a statement of the matter being appealed and the name and address of the person making the appeal.  R.S.O. 1990, c. M.16, s. 16 (3); 2010, c. 16, Sched. 1, s. 6 (4). Tribunal may refuse to hear appeal (4) The Tribunal may refuse to hear the appeal or, after a hearing has commenced, refuse to continue the hearing or make a decision if it relates to any order, direction, policy, decision or regulation of which the appellant has had knowledge for more than one year before the notice is filed under subsection (2.1) or, if in its opinion, (a) the subject-matter of the appeal is trivial; (b) the appeal is frivolous or vexatious or is not made in good faith; or (c) the appellant has not a sufficient interest in the subject-matter of the appeal.  R.S.O. 1990, c. M.16, s. 16 (4); 2006, c. 19, Sched. A, s. 16 (3); 2010, c. 16, Sched. 1, s. 6 (5). Conditions for appeal (5) No appeal may be taken from an order, direction, policy, decision or regulation of a local board or a marketing board unless, (a) the appellant has first applied to the local board or marketing board for a hearing and the local board or marketing board has refused to grant, in whole or in part, the relief requested by the appellant or has not decided the matter within sixty days of the application for a hearing; or (b) the appellant and the local board or marketing board have waived their respective rights under clause (a) in writing.  R.S.O. 1990, c. M.16, s. 16 (5). Effect of appeal (6) Where, by virtue of subsection 25 (1) of the
Statutory Powers Procedure Act, an appeal under subsection (1) operates as a stay in the matter, the Tribunal may limit or define the scope of the stay.  R.S.O. 1990, c. M.16, s. 16 (6); 2006, c. 19, Sched. A, s. 16 (3); 2010, c. 16, Sched. 1, s. 6 (6). Persons entitled to notice (7) Upon receipt of a notice under subsection (2.1), the Tribunal shall forthwith notify the Commission, the local board, the marketing board or the Director where any such body or the Director has an interest in the subject-matter of the appeal and such body or the Director, as the case may be, shall thereupon forthwith provide the Tribunal with all relevant by-laws, documents or other materials, of any kind whatsoever, in its or his or her possession.  R.S.O. 1990, c. M.16, s. 16 (7); 2006, c. 19, Sched. A, s. 16 (3); 2010, c. 16, Sched. 1, s. 6 (7). Notice of hearing (8) In an appeal under subsection (1), the Tribunal shall, within 10 days after the notice referred to in subsection (2.1) is received, send notice to the person making the appeal and to any body entitled to receive notice under subsection (7) or the Director, as the case may be, of the date, time and place at which the appeal will be heard.  2010, c. 16, Sched. 1, s. 6 (8). Hearing of appeal (9) The Tribunal shall complete the hearing within forty-five days after the date set for the hearing, but the Tribunal may, at the request of any party to the proceedings, adjourn the hearing for such periods of time as the Tribunal considers just.  R.S.O. 1990, c. M.16, s. 16 (9); 2006, c. 19, Sched. A, s. 16 (3). Parties (10) At any hearing under this section, any person entitled to receive notice under subsection (8) and any person having a sufficient interest in the subject-matter of the appeal may be a party to the appeal and the Statutory Powers Procedure Act
applies.  R.S.O. 1990, c. M.16, s. 16 (10). Powers of Tribunal on appeal (11) Upon an appeal to the Tribunal under subsection (1), the Tribunal may by order direct the Commission, the local board, the marketing board or the Director, as the case may be, to take such action as it or he or she is authorized to take under the Farm Products Marketing Act or the Milk Act and as the Tribunal considers proper, and for this purpose the Tribunal may substitute its opinion for that of the Commission, the local board, the marketing board or the Director.  R.S.O. 1990, c. M.16, s. 16 (11); 2006, c. 19, Sched. A, s. 16 (3); 2010, c. 16, Sched. 1, s. 6 (9). Notice of decision (12) The Tribunal shall, within twenty days after the hearing is completed, send notice of its decision and reasons, if any, to all parties to the appeal and to the Minister.  R.S.O. 1990, c. M.16, s. 16 (12); 2006, c. 19, Sched. A, s. 16 (3). Objection to proceeding (13) A proceeding that is in substantial compliance with this section is not open to objection on the ground that it is not in strict compliance therewith.  R.S.O. 1990, c. M.16, s. 16 (13). Notice by mail (14) Notice under this section may be given by mail to the usual business address of the person or, in the case of the person making an appeal, to the address shown in the notice of appeal.  R.S.O. 1990, c. M.16, s. 16 (14). Tribunal may reopen hearing (15) After the Tribunal has decided an appeal under this section, the Tribunal may, on its own motion or upon the request of any person who is aggrieved by the decision, reopen the hearing and make a new decision, and the procedure for an appeal under this section applies to the hearing.  R.S.O. 1990, c. M.16, s. 16 (15); 2006, c. 19, Sched. A, s. 16 (3). Transition (16) If an appeal is filed with the Tribunal on or before the day subsection 6 (3) of Schedule 1 to the Open for Business Act, 2010 comes into force and the appeal relates to a matter that the Tribunal has no jurisdiction to deal with on or after that day, the Tribunal may continue to deal with the appeal as though the section was not in force.  2010, c. 16, Sched. 1, s. 6 (10). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. A, s. 16 (3) - 22/06/2006 2010, c. 16, Sched. 1, s. 6 (3-10) - 25/10/2010