4. Admissibility of the request

On this page

• 4.1 Is the request admissible?
• 4.2 What if CART decides an applicant’s request is not admissible?

When CART receives a request for review, it must first determine if the request is admissible. CART can only review a request that meets certain requirements of the AAAMP Act, the Regulations and the Rules.

4.1 Is the request admissible?

To decide if a request is admissible, CART considers the following:

1. Does CART have the power to consider the request?
   • The AAAMP Act says that CART can only review administrative monetary penalties relating to agriculture and agri-food.
2. Was the penalty paid?
   • If the applicant has paid the penalty, their request is not admissible.³
3. Was the request made in time?
   • If an applicant does not submit a review request within 30 days after the notice or minister’s decision is served, a request to review is not admissible.⁴
4. Was the request sent in the right way?
   • Requests must be submitted by hand, registered mail, fax, email, or by courier (not ordinary mail).⁵

4.2 What if CART decides an applicant’s request is not admissible?

If CART determines that a request is inadmissible, this will end the process at CART.

If the applicant disagrees with the decision, they can ask the Federal Court of Appeal to review it.⁶

Footnotes

• ³ Subsections 9(1), 11(2) and 13(2)(a) of the AAAMP Act.
• ⁴ Sections 11, 12 and 13 of the Regulations.
• ⁵ Subsection 14(1) of the Regulations.
• ⁶ Subsection 28(1) of the Federal Courts Act.