Advisory Committee

Meeting Held on January 27, 2026, at 1:00 p.m. EST via Zoom

Minutes for January 27, 2026 PDF (205KB)

Members in Attendance:

• Emily Crocco, Chairperson of CART
• Chris Araujo
• Gillian Burnett
• Jorge Correa
• Maria El-Hachem
• Thomas Enns
• Frédéric Lapointe
• Claudia Larocque
• Marie-Hélène Lavoie
• Geneviève Parent
• Russell Reitsema
• Philippe Tremblay
• Robert Scriven
• Skyler Veazey

Regrets

• Melanie Nobre
• Jan Holmes
• Sherri-Lynn Foran
• Vincent Lamontagne

1. Welcome

Emily welcomed everyone to the meeting.

2. New Items for Agenda

No new items for the agenda were proposed.

The draft minutes from the September 23, 2025, meeting, which were previously circulated to the AC members, were unanimously approved.

3. Updated Terms of Reference

Ms. Crocco presented the revised Terms of Reference for the AC. The changes mainly reflect updates to the Committee membership and the transfer of AC Chair responsibilities to CART’s Chair. The new approach is meant to better match how things currently work.

Members did not raise any concerns. The updated Terms of Reference were approved and will be finalized and posted on the Tribunal’s website.

4. Membership Update and Introductions

Ms. Crocco thanked outgoing members Pierre Lampron and Moya McAlister for their contributions, as their terms ended at the close of last year.

She then welcomed two new members: Thomas Enns, a lawyer with the Saskatchewan Provincial Government and Associate General Counsel with the Water Security Agency—who is also an agricultural producer on a grain and produce farm—and Vincent Lamontagne, a Québec-based agricultural law practitioner.

After that, members and stakeholder representatives introduced themselves and briefly described their roles.

5. Chairperson’s Updates

Operational Updates

Ms. Crocco shared that, based on feedback from the AC, CART has decided to continue using Case Management Conference Calls (CMCC).

Ms. Crocco also mentioned that the Request for Review Form has been updated with a few minor changes and that the full Guide to CART’s Process has been sent to ATSSC editors for a plain language review, and a revised version is expected in early February.

CART Rules Updates

Ms. Crocco explained that Department of Justice counsel are doing a full review of the proposed amendments to the Tribunal’s Rules. Instead of focusing only on the specific changes that were suggested, they’re taking a broader look at the Rules to improve clarity, organization, and alignment with current drafting practices.

She also told the AC that once this review is finished, the Tribunal will share the updated version with both the AC and the Rules Subcommittee for their feedback.

In addition, Ms. Crocco noted that work is continuing with Treasury Board on developing the Regulatory Impact Analysis Statement. Timelines for this work are still being finalized.

Onsite Training

Ms. Crocco shared an update on CART’s participation in an onsite training session with border services officials at the Ottawa Airport. This session provided useful insight into frontline enforcement work, including inspection procedures and the use of automated systems. A similar training session was held at the Montreal Airport in May 2025.

Caseload Update

Mr. Lapointe gave an overview of the Tribunal’s caseload and performance for the current fiscal year. He noted that the number of new files, decisions issued, and hearings held are currently tracking at or above last year’s levels, and year‑end totals are expected to surpass those of the previous fiscal year. Decision outcomes also remain consistent, with roughly two‑thirds of decisions upholding notices of violation or ministerial decisions.

Ms. Crocco highlighted the substantial increase in workload over the past five years, noting that the Tribunal’s annual intake of new files has nearly tripled during that time, while the number of appointed adjudicators has decreased. She stressed the importance of filling the current adjudicator vacancy and observed that additional capacity would be helpful if circumstances allow.

6. Roundtable

During the roundtable discussion, members talked about whether broader, system‑level changes outside the Tribunal could help reduce the number of matters that proceed to review.

Ms. Crocco reminded members that the Tribunal’s role is to serve as an independent and accessible appeal body, and that it has no opinion regarding whether more or less matters should be brought forward.

Members also discussed how CMCCs help with procedural efficiency. While these conferences are useful for clarifying issues and managing files, they haven’t led to a major reduction in overall caseload.

Artificial Intelligence (AI) Policy

Ms. Crocco shared that the Tribunal is developing a policy on the use of artificial intelligence. The policy will address how AI may be used by parties appearing before the Tribunal. It will also make clear that adjudicators will not use AI tools to draft their decisions, and it will outline potential risks associated with AI use by parties.

A draft of the policy will be sent to the AC for written feedback before the next meeting.

7. Next Meeting Dates

• Tuesday, March 24, 2026
• Tuesday, May 26, 2026

Held on September 23, 2025, at 1:00 p.m. EDT via Zoom

Minutes for September 23, 2025 PDF (161KB)

Members in Attendance:

• Emily Crocco, Chairperson of CART
• Jorge Correa
• Myriam Bourdon (for Melanie Nobre)
• Gillian Burnett
• Marie Estabrooks (for Sherri-Lynn Foran)
• Maria El-Hachem
• Frédéric Lapointe
• Claudia Larocque
• Marie-Hélène Lavoie
• Geneviève Parent
• Russell Reitsema
• Robert Scriven
• Nicolas Paillat (for Skyler Veazey)

Regrets:

• Chris Araujo
• Jan Holmes
• Pierre Lampron
• Moya McAlister

1. Welcome

Ms. Crocco welcomed members to the meeting.

2. New Items for Agenda

No new items were added.

3. Review and approval of Draft Minutes from January 21, 2025, meeting

Minutes from the January 21, 2025, meeting were unanimously approved.

4. Chairperson’s Updates

Admissibility Pilot Project

Ms. Crocco reported that this pilot project has ended.

Satisfaction Survey

Ms. Crocco informed the Advisory Committee (AC) that CART has started distributing the Client Satisfaction Survey to parties upon the completion of the hearing process.

CART Rules Updates

Ms. Crocco reported that a Sub-Committee met twice during the summer to review proposed changes to CART’s rules. CART is currently reviewing the feedback it received from the Sub-Committee.

Ms. Crocco further noted that CART has started working with Treasury Board (TB) and the Department of Justice to finalize the rule revisions. TB has advised CART that a Regulatory Impact Analysis Statement will be required, which CART is currently drafting. This entire process is expected to take from six to twelve months.

Caseload Increase

Ms. Crocco shared some statistics and highlighted that CART’s caseload has increased significantly in the past year.

5. Annual Report

Ms. Crocco encouraged members to share historic Canadian agriculture photos for inclusion in next year’s report.

Mr. Scriven congratulated CART on the quality of the Annual Report, noting that it is easy to read and effectively conveys its intended message.

6. Case Management Conference Calls (CMCCs) and Navigator Project

Ms. Crocco indicated that CART is considering implementing a pilot “Navigator” project, under which the information shared during a CMCC would instead be shared with a designated Navigator.

Ms. Crocco asked the AC for its perspective on the usefulness of CMCCs and the introduction of a Navigator project.

Mr. Scriven stated that CMCCs are valuable as they assist in narrowing issues and allow for matters to be clarified through discussion rather than solely in writing. He also stated that he supports the idea of a Navigator project, particularly as a resource for unrepresented applicants.

Ms. Lavoie agreed, noting that CMCCs are useful as they help to promote consistency between parties and clarify expectations prior to a hearing. Ms. Lavoie noted previous instances where CMCCs identified applicants requiring interpretation services. Ms. Lavoie suggested that the Navigator project could be piloted to compare its effectiveness with current methods. Ms. Lavoie indicated that she would consult her team and provide feedback to CART following internal discussions.

7. Request for Review Form Update

Ms. Crocco requested feedback on proposed changes to CART’s Request for Review form.

Acknowledging the agency’s interest in being informed of the case in advance, Mr. Scriven expressed the view that the reasons for a request should not be required on the form. As an example, Mr. Scriven noted that if an applicant states that they are not the individual named on the Notice of Violation (NOV), the agency may withdraw the NOV and reissue it correctly, which would be prejudicial to the applicant. While recognizing that there is some benefit in allowing applicants to state their reasons, he emphasized that this is not a mandatory requirement given that the respondent has the burden of proof.

Ms. Lavoie stated that the option for the applicant to state the reasons for their request helps CBSA to identify if a witness will be needed. Ms. Lavoie stated that her team would like to look at the other proposed options and provide comments to CART.

Ms. Bourdon agreed with Ms. Lavoie and stated that it is beneficial for CFIA to know the direction taken by the applicant; given that CFIA files are more complex it allows for efficiency and enables CFIA to put resources where they are needed.

Ms. Bourdon stated that emphasizing the agency’s burden of proof might inadvertently disadvantage the applicant, as it may lead them to believe they have no obligation to provide evidence or submit documentation. She stressed the importance of maintaining an appropriate balance in this regard.

8. Roundtable

Mr. Correa asked whether it would be possible to determine if the number of review requests submitted to CART regarding animal welfare has increased.

Ms. Crocco responded that the Annual Report includes detailed figures and statistics for the past three fiscal years. She also noted that all CART decisions are publicly accessible and may be consulted for research purposes.

9. Next Meeting dates:

• Tuesday, January 27^th, 2026
• Tuesday, March 24^th, 2026
• Tuesday, May 26^th, 2026

Meeting Held on September 24, 2024, at 11:00 a.m. EDT via Teams

Minutes for September 24, 2024 PDF (230KB)

Members in Attendance:

• Emily Crocco, Chairperson of CART
• Pierre Lampron, Chair of the Advisory Committee
• Chris Araujo
• Jorge Correa
• Maria El-Hachem
• Sherri-Lynn Foran
• Jan Holmes
• Mijin Kim
• Frédéric Lapointe
• Claudia Larocque
• Marie-Hélène Lavoie
• Melanie Nobre
• Geneviève Parent
• Robert Scriven
• Skyler Veazey

Regrets:

• Moya McAlister
• Russell Reitsema

1. Welcome

Mr. Lampron welcomed everyone to the Advisory Committee (AC).

2. New Items for Agenda

No new items were added to the agenda.

3. Review and approval of Draft Minutes from April 23, 2024, meeting

The AC unanimously approved the draft minutes from the April 23, 2024, meeting.

4. New Committee members

Ms. Holmes introduced herself and reported that she is acting for Ryan Wilkes from Agriculture and Agri-Food Canada.

Ms. Foran reported that she was joined by Marie-Anne Lavoie from Canada Border Services Agency. Ms. Foran stated that she will be taking on a new role and asked that Ms. Lavoie join the AC for continuity as she is unsure if she will be able to stay on the AC.

Ms. Crocco introduced two new AC members: Mr. Scriven, a lawyer who regularly represents applicants in front of CART; and Mr. Araujo, who is a lawyer for the Canadian Inspection Food Agency. Ms. Crocco reported that because both Mr. Scriven and Mr. Araujo have extensive knowledge of the Tribunal, their perspectives will be very helpful to the AC.

5. Proposed revisions of Committee’s Terms of Reference

Ms. Crocco proposed two changes to the AC’s Terms of Reference:

1. The language would allow for the inclusion of both respondent and applicant lawyers to join the committee.
2. There will no longer be a distinction between industry representatives as “members” of the AC and government representatives as “observers”. All committee attendees will be classified as members.

The AC unanimously agreed to the proposed changes.

Ms. Crocco reported that the new Terms of Reference will be updated on the CART website along with the addition of the new members.

6. Chairperson’s Updates

2023-2024 Annual Report highlights

Ms. Crocco informed the Committee that the Tribunal’s 2023-2024 Annual Report will be shared with the AC within the next couple of weeks.

Ms. Crocco reported that the Tribunal has worked hard during the past year to become more efficient. Timeframes (i.e. admissibility determinations, Case Management Conference Calls, issuing decisions, etc.) have become shorter. This success was made possible by the Tribunal’s adjudicators, lawyers and registry staff.

The 2023-2024 Annual Report summarizes some of the bigger and more notable cases; please stay tuned for its release and do not hesitate to contact us if you have any questions or comments.

Access to Justice Work

Ms. Crocco informed the AC that the ATSSC has found the funds to support the Tribunal’s Access to Justice project.

The ATSSC will be hiring the National Self-Represented Litigants Project to do the project. Ms. Crocco hopes that the results of this study will help CART strengthen its accessibility and be helpful for other tribunals within the ATSSC. This project should be completed before the end of the fiscal year.

CART Members’ Code of Conduct and Complaints Procedure

Draft Members’ Code of Conduct and Complaints Procedure documents were shared with the AC prior to the meeting.

Ms. Nobre will share these documents with her colleagues and send any feedback she has to Mr. Lapointe within the next couple of weeks.

Ms. Crocco encouraged others to read over the documents and share their feedback.

Next Project: Updating Chairperson’s Rules

Ms. Crocco is happy to report that the Tribunal will begin work on updating the Chairperson’s Rules. Ms. Crocco stated that her priorities for the Chairperson’s Rules are protecting procedural fairness, access to justice, and efficiency.

Ms. Crocco invited the AC to send feedback on the Chairperson’s Rules to Mr. Lapointe. The topic will also be discussed at the next AC meeting in January.

On-Site Training

Ms. Crocco reported that CART’s adjudicators would like to do some on-site training to further their knowledge and experience.

Ms. Crocco said that the Terms of Reference for this training are currently being drafted to ensure that CART maintains impartiality throughout this process. An important factor to note is that, to avoid bias, there would be a representative from both the industry and the agency present during these on-site training days. Once drafted, the Terms of Reference will be shared with the Committee.

Mr. Scriven, Mr. Correa, and Mr. Lampron offered to help arrange site visits.

Ms. Foran mentioned that there may also be some value in CART visiting an airport to get a better idea of what goes on behind the scenes.

Ms. Crocco added that locations in Montreal and Ottawa would be the most convenient for on-site training locations. This conversation will be continued but, in the meantime, Ms. Crocco encouraged the AC members to send any ideas to the Tribunal’s registry e-mail address.

Ms. Nobre stated that she can then coordinate with her colleagues to ensure that a representative from the CFIA is present during the training.

Ms. Crocco thanked everyone for their advice and participation in this conversation.

7. Disclosure upon issuance of a Notice of Violation

Mr. Scriven asked if it would be possible for the CFIA to give applicants some disclosure so that they are better able to decide whether to bring a request to the Tribunal.

Mr. Araujo said that providing disclosure upon the issuance of a Notice of Violation (NOV) would be too big of an administrative burden for the CFIA.

Ms. Nobre said that a person who has been issued the NOV can always contact the CFIA inspector in charge of their case for further information.

Mr. Scriven thanked Mr. Araujo and Ms. Nobre for their insights and said that moving forward, he will advise his clients to call the CFIA.

Mr. Correa added that the time lapse between the time of the incident and the issuance of the NOV has been an issue for a long time and that it should be improved.

Ms. Crocco asked if it was possible to issue a notice of a potential NOV closer to the time of the incident in order to assist the alleged violator to preserve their evidence.

In reply, Ms. Nobre said that in some areas, the CFIA issues a Notice of Potential Enforcement Action (NPEA) to inform the party that they may be hearing from the CFIA in the future. Ms. Nobre believes it to be best practice and will take this issue back to her colleagues for further discussion about broader implementation.

Mr. Correa added that if CFIA uses NPEA, he can help spread information about the revised practice, as he has regional meetings with CFIA locals in every province.

Ms. Crocco reported that this item will be added to the agenda for the next AC meeting for further discussion.

8. Settlement Options

Mr. Scriven asked the group what their thoughts were on being more flexible when it comes to discussing settlement options.

Mr. Araujo said that having conversations between representatives is very important and allows to form working relationships. Across most provincial law societies, there is an obligation to bring up any reasonable offer of settlement to a client.

Mr. Scriven proposed that this could be added as an agenda item at the Case Management Conference Call during CART proceedings.

Ms. Crocco, Mr. Araujo, and Ms. Nobre agreed that having a settlement discussion at the CMCC is a good idea (not that the Tribunal would participate in these, but that the parties would be welcome to negotiate on their own if they want to).

Settlement option discussions will be added to the CMCC agenda as part of CART proceedings; it will also be added as an item to the AC agenda for our next meeting.

9. Roundtable

Ms. Veazey reported that the members of the Canadian Poultry and Egg Processors (CPEP) have asked for a review of the NOV process. Ms. Nobre will be presenting to CPEP later this week; this will give the CPEP the opportunity to ask more questions regarding things that were discussed during the AC meeting.

Ms. Crocco encouraged the AC to reach out to CART with any ideas and/or information from its meetings.

Mr. Lampron thanked everyone for their time and participation.

10. Next Meeting dates:

• January 21st, 2025
• April 22^nd, 2025

11. Agenda Items for Next Meeting

1. Draft updates to the Chairperson’s Rules
2. Proposed on-site Training Locations
3. Draft On-site Training Terms of Reference
4. Notice of Potential Notices of Violation
5. Settlement Options

Meeting Held on April 23, 2024, at 11:00 a.m. EDT via Teams

Minutes for April 23, 2024 PDF (244KB)

Members in Attendance:

• Emily Crocco, Chairperson of CART
• Pierre Lampron, Chair of the Advisory Committee
• Maria El-Hachem
• Sherri-Lynn Foran
• Frédéric Lapointe
• Claudia Larocque
• Melanie Nobre
• Geneviève Parent

Observer

• Ryan Wilkes

Regrets:

• Jorge Correa
• Robin Horel
• Moya McAlister
• Russell Reitsema
• Skyler Veazey

1. Welcome

Mr. Lampron welcomed all attendees.

2. New Items for Agenda

No new items were added to the agenda.

3. Review and approval of draft Minutes from January 23, 2024, meeting

The AC unanimously approved the draft minutes from the January 23, 2024, meeting.

4. Feedback on Draft Accommodations, Mental Health Supports, and Getting Help Documents

No feedback from committee members.

5. Chairperson’s updates

Ms. Crocco reported that it has now been over a year since the AC has been created. She extended her thanks to members for their expertise and continued participation.

Access to Justice Project (A2J)

Ms. Crocco reported that CART hired Paul Aterman, previous President of the Social Security Tribunal, to help on the A2J Project. Ms. Crocco invited Mr. Aterman to review CART’s results from the Department of Justice’s “Access to Justice Index for Administrative Bodies” and to suggest how these findings should be prioritized.

Mr. Aterman provided the Tribunal some reasonable recommendations. These included training on active adjudication and on unconscious bias for the CART team. We are currently pursuing the training on active adjudication.

CART employees will take unconscious bias training that is offered for free by the Canada School of Public Service.

Ms. Crocco continued that Mr. Aterman suggested the Tribunal remove Rule 8 (4) of the Rules of the Review Tribunal which states “a party who requires interpretation services from language other than English or French must pay for the costs of these services.” This rule was identified as being against accessibility measures. CART hopes to change the rule of the Tribunal within the next coming year, but in the meantime, the Tribunal will no longer enforce this rule. CART usually sees about 1-2 applicants per year that ask for the interpretation of a language other than English or French, therefore CART will assume these costs. CART’s guide for self-represented people has already been amended to reflect the change in this rule. Members and Registry staff will ensure that this information is appropriately passed on to applicants.

Potential Regulatory Changes

Ms. Crocco stated that she met with Minister MacAulay to inform him that she might have proposals for regulatory changes. Ms. Crocco informed the Minister that she wasn’t in a position to make recommendations having not yet reached out to stakeholders.

Ms. Foran asked if CART had any plans in looking into regulatory amendments for the bifurcated process with the review of Minister’s decisions.

Ms. Crocco responded that this was not something CART was going to look into, although it could be added as an agenda item if committee members would like to expand the discussion on this topic.

Ms. Foran replied that CBSA is looking at the bifurcated process from an efficiency perspective as well as an accessibility perspective. Applicants potentially have a second opportunity to go through the Minister first rather than choosing between the Tribunal or the Minister. Ms. Foran also highlighted that CBSA advisors are not lawyers.

Ms. Nobre asked for some clarification on the nature of CART’s review following a Ministerial review.

Ms. Crocco replied that questions on substantive areas of law should be asked during hearings.

Ms. Crocco informed the committee that she is hoping to add one or two lawyers to the Advisory Committee. These lawyers would ideally be people who have represented applicants at our Tribunal.

E-Filing Portal

Mr. Lapointe was pleased to report that CART launched its e-filing portal on March 28^th, 2024. CART has spent the last year developing the web portal with their IT group; this portal allows for the electronic filing and retrieval of documents. Mr. Lapointe added that the portal is at a soft launch (testing) phase allowing for only specific documents to be filed at this point. This will help to identify and resolve any technical issues that may arise. Following the completion of the soft launch phase, the portal will be expanded to the filing of all documents. Mr. Lapointe noted that there will always be the opportunity to file documents through e-mail. Mr. Lapointe reported that feedback has been positive, and things have been going well so far.

As a closing remark, Mr. Lapointe mentioned that the e-filing portal link is available on the CART website, along with detailed information about the portal.

Ms. Foran thanked CART for their impressive work on the portal and mentioned that there has also been positive feedback from CBSA.

6. Next Meeting dates

• Tuesday, September 24^th, 2024
• Tuesday, March 25^th, 2025

Registry to send out the invitations for the next AC meetings.

Meeting Held on January 23, 2024, at 11:00 a.m. ET via Zoom

Minutes for January 23, 2024 PDF (195KB)

Members in Attendance:

• Emily Crocco, Chairperson of CART
• Pierre Lampron, Chair of the Advisory Committee
• Jorge Correa
• Maria El-Hachem
• Sherri-Lynn Foran
• Robin Horel
• Frédéric Lapointe
• Claudia Larocque
• Moya McAlister
• Melanie Nobre
• Geneviève Parent
• Russell Reitsema
• Skyler Veazey

Observer

• Ryan Wilkes

1. Welcome

Mr. Lampron thanked and welcomed participants to the meeting.

Mr. Lampron welcomed Skyler Veazey to the AC.

Ms. Veazey is the new technical and regulatory Director of the Canadian Poultry and Egg Processors Council (CPEP); she will be replacing Robin Horel moving forward. Mr. Lampron thanked Mr. Horel for his contributions to the AC.

2. Review and approval of draft minutes from September 19, 2023, meeting

The AC unanimously approved the draft minutes from the September 19, 2023, meeting.

3. Chairperson’s update:

Ms. Crocco thanked the AC for the comments that were provided during the last meeting.

Website Updates

Since then, CART has added some new content to its website:

• CART’s mandate and mission have been updated;
• CART website design follows Treasury Board’s policy regarding the management of communications;
• CART hearings are open to the public; and
• CART’s Service Standards have been published.

E-Filing Portal

Ms. Crocco stated that the e-filing portal for CART is at its final stages. There are a few technical things left to figure out, but the portal should be up and running by the end of this fiscal year. This e-filing portal will enable applicants to file their requests for review electronically, along with the parties being able to submit documents via the portal.

Ms. Nobre mentioned that the e-filing portal is an excellent initiative, and she is looking forward to seeing the finished product.

Ms. Nobre asked how the respondent parties (i.e. CBSA and CFIA) will be notified of the new requests using the e-filing portal. Mr. Lapointe, CART’s Registrar, replied that it will be the same process as it is right now, but instead of receiving the request via e-mail it will be done through the portal.

Ms. Foran asked what CART’s experience has been with the creation of the e-filing portal and if there are any forecasted solutions to possible technical difficulties. Mr. Lapointe said that there are built-in solutions provided by ATSSC. The system is being tested and everything seems to run smoothly.

Mr. Horel inquired if there would be a communication plan to advise stakeholders of this change when it comes into force. Ms. Crocco stated that one will be developed before the launch of the portal.

Access to Justice (A2J) Project

Ms. Crocco said that CART has been speaking with Moya McAlister from the National Self-Represented Litigants Project (NSRLP), and with Paul Aterman, a plain-language specialist, about making CART’s procedures and documents more accessible.

The challenge will be that the Administrative Tribunals Support Service of Canada (ATSSC) has informed CART that it has very limited funds to contribute to the A2J project. That said, Ms. Crocco remained optimistic that CART will find ways to move the A2J project forward.

4. Feedback on Draft Accommodations, Mental Health Supports, and Getting Help Documents

Mr. Lampron noted that the documents are simple and straight-forward. There were no comments from the AC on the draft documents.

5. Round table

Ms. Parent thanked the team and mentioned that the documents are very accessible and comprehensible.

Ms. McAlister said that everything looks good and mentioned that she is happy to see there are many new processes being created. She also hopes that NSLRP will be able to assist CART in some way with the A2J project.

Mr. Horel thanked the committee members for the meeting and said that his replacement, Skyler Veazey, has an extensive experience in regulatory and technical issues.

Ms. Veazey said that the documents that were sent to the AC were clear, succinct, and straightforward.

Ms. Foran congratulated the team on the progress made to date and reported being eager to see the launch of the e-filing portal. She thanked everyone for the continued collaboration of the AC.

Mr. Wilkes mentioned that it is great to be a part of the committee to stay updated on CART’s operations and to see that CART is making its processes simpler and more streamlined for Canadians.

Mr. Reitsema, from a young farmer’s point of view, stated that he appreciates the commitment to the mental health supports, as well as keeping things as digital and accessible as possible.

Mr. Lampron thanked everyone for their participation.

6. Next Meeting Date

The next meeting date will be April 23rd, 2024, at 11:00 am EST.

Moving forward the calendar invitations will have the Microsoft Teams link embedded in the original invitation, along with it also being included in the agenda.

Meeting Held on September 19, 2023, at 11:00 a.m. ET via Zoom

Minutes for September 19, 2023 PDF (195KB)

Members in Attendance:

• Emily Crocco, Chairperson of CART
• Pierre Lampron, Chair of the Advisory Committee
• Jorge Correa
• Maria Hachem
• Robin Horel
• Frédéric Lapointe
• Claudia Larocque
• Marie-Hélène Lavoie (for Sherri-Lynn Foran)
• Moya McAlister
• Melanie Nobre
• Geneviève Parent
• Russell Reitsema

Observer

• Ryan Wilkes

1. Welcome

Mr. Lampron thanked and welcomed participants to the Advisory Committee (AC) meeting.

Mr. Lampron welcomed Ryan Wilkes, the Deputy Director of Portfolio Coordination in the Deputy Minister’s Office at Agriculture and Agri-Food Canada, who will be an observer on the AC.

Ms. Crocco welcomed the newest AC member, Robin Horel, who is an advisor for the Canadian Poultry and Egg Processors Council.

2. Federal Identity Program

Ms. Crocco explained that the Federal Identity Program (FIP) is a Government of Canada (GOC) policy of requiring its departments to have a “common look and feel” in their communications (i.e., on government websites). It may be a requirement for some Federal tribunals to adhere to the FIP, and this has caused some debate about whether this would undermine the appearance that these tribunals are arms’ length from the GOC. Ms. Crocco sought the AC’s thoughts on this potential development.

Mr. Horel said that the big value of CART is that it is seen to be independent, therefore his preference would be that CART not adopt the GOC’s common look and feel requirement.

Ms. Parent said that as an adjudicator, she can understand that the stakeholders might have concerns seeing “Government of Canada” posted on CART’s website.

Ms. McAlister said that when dealing with self-represented persons, there is a lack of trust when it comes to a government that is involved in their legal matters. They might feel uncomfortable going to a website and having those images at the forefront. Ms. McAlister suggested that CART could add an explanation to its website explaining the requirement to follow GOC communications guidelines, while also underlining its independence from the GOC in its decision-making.

Mr. Lampron said that while there may be concerns about the program, CART is an organization that is part of the GOC.

3. Next Steps on Access to Justice (A2J) Index Report

Mr. Lampron suggested that it might be a good idea to strike a sub-committee to address the accessibility issues raised in the Access to Justice (A2J) Index Report. Ms. Crocco said she thought that was a good idea.

Ms. Crocco asked the committee members which suggestions from the A2J Index Report (as summarized in the Annual Report and in the backgrounder document provided before this meeting) they think are most important.

Mr. Correa stated that accelerating the processing times for parties through an e-filing system is a great idea. The Canadian Meat Council has undergone that process, and while it had its challenges, the results were mainly positive.

Ms. McAlister reported that the National Self-Represented Litigants Project (NSRLP) had a study done last year about accommodations processes throughout the legal systems for persons with disabilities. From this experience, she recommended having people with disabilities as part of the review process. Ms. McAlister added that people with cognitive disabilities have a harder time informing judges and lawyers of their disability.

Ms. Parent agreed with Ms. McAlister and added that it would also be a good idea to have an audit open to the Canadian public (including persons with disabilities) in order to receive advice and feedback on the accessibility of the information on the CART website.

Ms. Nobre added that CART has already started to make strides on the organization of the information on their website, the topics are well organized and easier to search (for example, its references to Federal Court of Appeal caselaw). Continuing to move toward simplifying its information would be great.

To Ms. Nobre’s comment, Ms. Crocco acknowledged the great work done on the website from Ms. Hachem and her legal team.

Mr. Reitsema mentioned that when you are dealing with farmers, they want the process to be as simple as possible. Farmers often give up at the sight of too much paperwork, therefore streamlining the process would be an excellent way to keep moving forward. Mr. Reitsema suggested that adding quick how-to videos and plain language can help make farmers more comfortable.

Ms. Crocco said that she will talk to her team about the next steps and will come back to the committee. She said that if there is anyone on the committee that is interested in the subject, to please reach out to her.

4. Requirement that Electronically Submitted Applications Also Be Sent by Registered Mail or Courier

Ms. Crocco explained that the CART regulations require that electronically submitted applications also be sent by registered mail or courier. She said that this can create stress for applicants, and that this requirement can create barriers for applicants due to the additional expenses.

Ms. McAlister agreed with Ms. Crocco’s concerns, and noted that in 2023, there are many other ways to obtain signatures (i.e., e-signatures). Removing the requirement for couriered copies will remove unnecessary frustrations for applicants.

Ms. Lavoie said that from a Canada Border Services Agency (CBSA) perspective, they will have similar changes coming soon. It would be helpful if applicants could submit an electronic request only and not have to follow up by registered mail. She recommended leaving an option of sending an application by registered mail or courier, so that people have choices.

The committee members were unanimous that the two-step process should be eliminated from electronically submitted requests for review.

Ms. Crocco thanked the committee members and said that this recommendation will be shared with the AAFC.

5. Next Meeting Dates

Ms. Crocco reminded the committee members that the next meeting dates are January 23^rd and April 23^rd, 2024. Members will continue to meet every few months.

Ms. Crocco said that going forward, the meetings will be held by Microsoft Teams. This will help the CBSA (and possible CFIA) members in participating since they have some security barriers to accessing meetings on Zoom.

Ms. Crocco extended her thanks and encouraged the committee members to reach out to her or Mr. Lampron should they have any ideas or suggestions.

Ms. Nobre suggested to have a round table at the end of each meeting to share ideas. As there was time left in the meeting, Mr. Lampron invited participants to participate in a roundtable.

6. Roundtable

Mr. Horel stated that he will most likely only be part of the committee for the next three months as he is currently helping out the Canadian Poultry and Egg Processors Council while they look for a new CEO.

Mr. Reitsema said that he is excited to be working with everyone on the committee and that it already seems very informative.

Ms. Nobre mentioned that in the interest of the CFIA when speaking to moving everything electronically following the COVID-19 pandemic, one of the aspects that has been found to be more difficult is the ability to cross-train and attend hearings, as was done pre-pandemic.

In response to this, Ms. Crocco said that all CART hearings are open to the public and that anyone is welcome to call in and observe the hearings. There might be a way for this to be signaled on the CART website, so that the public knows that CART’s hearings remain publicly accessible.

Mr. Correa stated that he is in favour of trying to reduce how much time the respondents have to issue notices of violation. He suggested that there should be ways to problem-solve and be more efficient in this manner.

Ms. Lavoie stated that the CBSA posts its current estimated processing time (relating to Enforcement and Trusted Traveler Appeals) on its website. She suggested that this kind of information might be useful to be added to CART’s website.

Ms. Parent added that these kinds of timelines could be considered internally to give CART a sense of where the delays arise.

Ms. McAlister mentioned that the NSRLP received funding for a study about self-litigants and their experience with virtual hearings. There has been a large amount of data collected for this; stay tuned for the results of the study which will most likely be published by the end of February. If anyone has feedback on the topic, do not hesitate to reach out to Ms. McAlister.

Mr. Lampron concluded the meeting and thanked everyone for their participation.

April 17, 2023, at 11:00 a.m. ET via Zoom

Minutes for April 17, 2023 PDF (228KB)

Attendance:

• Emily Crocco, Chairperson of CART
• Pierre Lampron, Chair of the Advisory Committee and Second-Vice-Chairperson of the Canadian Federation of Agriculture
• Claudia Larocque, Business Administration Officer, CART
• Erica Charlton, Technical Director, Canadian Poultry and Egg Processing Council
• Frédéric Lapointe, Registrar, CART
• Geneviève Parent, Member of CART
• Jorge Correa, Vice-President of Market Access and Technical Affairs, Canadian Meat Council
• Maria El-Hachem, Senior Counsel, CART
• Melanie Nobre, Manager of National Enforcement and Investigations Office at CFIA
• Sherri-Lynn Foran, Director of Enforcement Appeals and Litigation Division at CBSA

Regrets:

• Moya McAlister, Communications Manager, National Self-Represented Litigants Project

1. Welcome and Gratitude

Ms. Crocco thanked participants for helping with the Advisory Committee (AC); she indicated that their time and effort are appreciated.

Ms. Crocco said that she envisions making multiple changes to the current CART policies and this is why the Committee was created and why the members’ participation on the AC will be critical.

2. Roundtable Introductions

Members introduced themselves.

3. Vision for Advisory Committee

Ms. Crocco said that her vision is to have the AC discuss the changes to CART’s procedures that it is contemplating, and to discuss changes that CART hasn’t yet contemplated but should. The focus will be to ensure that CART’s process is fair, timely, and accessible to all Canadians.

Information about the AC’s mandate will be published on CART’s website.

For transparency reasons, CART intends to publish the identity of the people who are members of the AC. When asked, no AC members raised any concerns about the intention.

The AC will not speak about the merits of any case, given that two of its members are adjudicators who need to remain impartial about matters that are, or may come, before CART.

Action - CART will share draft changes to its policies and guidelines with AC members in the coming months.

4. Discussion of Draft Terms of Reference

There were no suggested changes to the AC’s draft Terms of Reference.

Ms. Crocco added that when documents are circulated for comment within the AC, members should feel free to be as detailed or general with their feedback as they like. She also said that the feedback could be sent directly to CART via email or shared at a subsequent AC meeting.

5. Election of Chair of Advisory Committee

Ms. Crocco said that CART is seeking someone to be the Chair of the AC. Pursuant to the Terms of Reference, the Chair will help the AC develop its focus. The Chair will also liaise with CART for the organization and management of the AC’s meetings.

Ms. Parent nominated Mr. Lampron because he represents the producers, entrepreneurs, and farmers that appear before CART. Mr. Lampron agreed to the nomination. Mr. Lampron was unanimously elected the Chair of the AC.

6. Virtual-First Oral Hearings Policy

Ms. Crocco shared that CART recently changed its policies to make it a “virtual-first” tribunal. This means that its oral hearings will be held virtually unless there are exceptional reasons to hold an oral hearing in person. Ms. Crocco sought the AC’s thoughts on this change.

Ms. Charlton indicated that reliable internet connections are less of an issue for farmers across the country. She said that in very few remote locations there may still be some issues, but nothing major.

Mr. Lampron said that sometimes virtual meetings can be difficult where interpreters are used.

Ms. Foran and Ms. Nobre indicated that their agencies fully support virtual-first hearings. However, Ms. Foran shared that the CBSA employees cannot access Zoom using the CBSA network, and therefore would prefer Teams in general.

7. Next Meeting Dates

Ms. Crocco indicated that for the next 2 years, the AC will meet 3 times a year: in September, January and late April or early May. She said that meeting regularly will permit the AC to consult on draft changes to policies.

The meetings will typically be one hour in duration.

If members are unable to attend a meeting, they are welcome to send a delegate.

Members may also be asked for ad hoc feedback on items in between the scheduled meetings.

8. Additional Member

Ms. Crocco indicated that she is looking for one more member of the AC who would bring a perspective of a young, racialized farmer. Members were asked to advise Ms. Crocco if they have ideas of anyone who might fit this description who would be interested in joining the AC.

In the next week, invitations will be sent out to AC members for the next three meeting dates.