OMAFRA challenges tribunal's authority

Wednesday, October 26, 2011

by SUSAN MANN

The Ontario Agriculture, Food and Rural Affairs Appeals Tribunal will review a decision by one of its panels that ruled the Ontario agriculture ministry must return items seized from a retired veterinarian’s home after he quit the livestock medicines licensing system.

The tribunal handed down its decision on Oct. 20 to review the panel’s decision concerning Ken Allan of Perth. That decision was issued July 15.

The review will be done by way of a written hearing. Tribunal chair Kirk Walstedt says in an email that a written hearing involves exchanging written documents.

The Ontario Ministry of Agriculture, Food and Rural Affairs requested the review. The ministry argues the tribunal doesn’t have the statutory authority to order the return of what Allan estimates to be $15,000 worth of items seized from his home. It also contends that the tribunal can’t order compensation for medicines seized and since expired or destroyed. That’s because a justice of the peace from the Provincial Court of Justice issued a search warrant to seize the medicines, papers and his grandfather’s practicing bag.

“It’s the ministry’s position the tribunal has no authority to interfere with or make a decision relating to matters arising out of the issuance of a search warrant pursuant to the Provincial Offences Act,” the Oct. 20 decision says.

Allan retired from practicing veterinary medicine in 2009. In early 2010 he applied for and received his Class 1 license under the Livestock Medicines Act but his license was provisionally suspended in the spring because he wasn’t fully complying with the Act.  Allan voluntarily left the licensing system sometime before May 10, 2010. The ministry held a hearing in July 2010 to revoke his license. Allan didn’t attend.

The tribunal said it was troubled by procedural errors the ministry made in its handling of the matter. BF