Appeals

The following information is designed to explain the appeal process, and to provide you with information you may need or may want to use in preparing your appeal. Appeal requests must be submitted using the AgriInvest Appeal Submission Form. Please ensure all sections are complete in order to allow the Administration to process your appeal request.

Important note:

If you wish to change the information which was either originally submitted on your AgriInvest forms or used in calculating your maximum matchable deposit, you can request an adjustment within 18 months from notification of your original Deposit Notice. To request an adjustment, please use the AgriStability and AgriInvest Programs Additional Information and Adjustment Request T1275.

An appeal may only be requested within 90 days from the date you are notified that your adjustment request is denied. For issues unrelated to adjustments, you will have 90 days from the date you are notified by the Administration of the decision which is subject to appeal. For example, if you submit an application after the deadline, you have 90 days from the date the Administration notifies you that your application will not be accepted to request an appeal.

What is an appeal request?

If you do not agree with how AgriInvest program rules were applied to your application, you may submit an appeal request identifying the specific issue you wish to be reconsidered. An AgriInvest appeals officer will review your case, independent from the staff involved in the original processing of your application. If the appeals officer is unable to resolve your appeal issue, your case may be referred to the Appeals Committee for consideration.

The Appeals Committee will review your case and make a recommendation to the Administration whether to accept or deny your appeal. If the issues which you wish to be reconsidered would create an exception from the rules outlined in the program authorities (that is, if you disagree with program rules, and not their application) your appeal request will be denied by the Administration and will not be forwarded to the Appeals Committee for review.

What are possible reasons for appealing?

You may submit an appeal request if you feel that the AgriInvest program rules were not correctly applied by the Administration in processing your application. You may also submit an appeal request if you are asking for an exception to a deadline where circumstances beyond your control prevented you from meeting the deadline.

Disagreeing with program policy is not a valid ground for appeal. Please consult the program authorities applicable for each issue in the links below before filing your appeal:

Growing Forward - 2008 to 2012

The links below are for issues related to deadlines:

Note: The Administration may excuse a missed deadline where a participant can demonstrate exceptional circumstances, see the Can I Submit an Appeal fact sheet for more information.

If your appeal issue is not listed above, please consult the full Growing Forward - AgriInvest Program Guidelines, the Growing Forward - AgriInvest Program Handbook, or the Farming Income and the AgriStability and AgriInvest Programs Harmonized Guide.

Growing Forward 2 - 2013 to 2018

The links below are for issues related to deadlines:

Note: The Administration may excuse a missed deadline where a participant can demonstrate exceptional circumstances, see the Can I Submit an Appeal fact sheet for more information.

If your appeal issue is not listed above, please consult the full Growing Forward 2 - AgriInvest Program Guidelines, the Growing Forward 2 - AgriInvest Program Handbook, or the Farming Income and the AgriStability and AgriInvest Programs Harmonized Guide.

How do I file an appeal?

If the Administration did not accept your adjustment request and after consulting the program guidelines relevant to your appeal issue, you believe the policies were not applied correctly in processing your file, you may submit an appeal. These are the general steps you should follow in researching and filing your appeal:

Step 1 - Review your Deposit Notice carefully. Note: the only type of appeals you may file prior to receiving a Deposit Notice or letter stating that you are ineligible for the program are those involving missed program deadlines.

Step 2 - Identify any omissions or areas you do not agree with and submit an adjustment request. Please note that this must be submitted within 18 months from the date of your original Deposit Notice.

Step 3 - If your adjustment request is rejected by the Administration, research the program guidelines regarding your issue. Please consult the Reasons for Appealing section of this website. Disagreement with program rules is not a valid ground for appeal, and the Administration will not refer this type of appeal to an Appeals Committee.

Step 4 - If you believe the program guidelines were not correctly applied in your case, you may submit an appeal in writing using the AgriInvest Appeal Submission Form within 90 days of notification your adjustment request was rejected. Please ensure that all required sections are completed and that you clearly identify your reasons for appeal and provide any documents that support your request.

Send your completed form to:

AgriInvest Program Appeals
P.O. Box 2759 Station Main
Winnipeg, Manitoba R3C 4B4

Or Fax Toll Free: 1-877-949-4885

AgriInvest is delivered by the federal government in all provinces except Quebec. If you are in Quebec, contact La Financière agricole for information on the appeal process.

What is the appeal process?

The following steps detail what you can expect from the Administration following your appeal submission. Please note that appeal requests are addressed on a first-in, first-out basis.

Step 1 - The Administration will acknowledge receipt of your appeal request in writing, usually within 5 business days from receipt.

Step 2 - An appeals officer will review your appeal request, independent from the original processing of your application. If your appeal request is in contravention of program policy, your appeal request will be denied by the Administration and will not proceed to committee. Adjustments will be made to your application if program rules were applied incorrectly by the Administration.

Step 3 - If your appeal request cannot be resolved through an adjustment, the appeals officer will prepare the Administration's Submission which will include the Administration's position and authorities relevant to your appeal request. Your Appeal Submission Form will be attached to the Administration's Submission and mailed for your review. You will have 3 weeks to respond to the Administration in writing with any additional comments and/or documentation that you may wish to add to your original Appeal Submission Form. The Administration's Submission, your Appeal Submission Form and any additional documents which you may have submitted to the Administration are forwarded to the Appeals Committee. Please note that you cannot bring forward any new issues which were not already included in your original Appeal Submission Form at this stage in the appeal process.

Step 4 - The Appeals Committee will meet to review your appeal request. The Administration will contact you when a meeting is scheduled. You will have the opportunity to participate in the meeting through conference call and your form preparer may also participate. You must give the Administration 14 days notice of your intention to participate at the meeting and you are responsible for any costs incurred to participate.

Step 5 - After all of the facts relevant to your case have been reviewed, the Appeals Committee will make a recommendation to the Administration. The Administration will issue a written notification on the outcome of your appeal within 10 business days from the date of the meeting. Once a final decision is made on your appeal, there is no further recourse under the program and the appeal is closed.

What can I expect to happen at my appeal meeting?

If your appeal is forwarded to the Appeals Committee for review, you will have the opportunity to participate in the meeting through conference call. The Administration will contact you when a meeting is scheduled. Your form preparer may also participate in the meeting, however you must both be on the conference call at the same time. Participation of other representation is not permitted.

The Appeals Committee is comprised of producer representatives from across the nine provinces where AgriInvest is delivered by the federal government (between 3 and 5 producers will be present on each appeal conference call). A recorder from the Administration will also be present to provide secretariat services.

The Appeals Committee members are provided with a copy of both your Appeal Submission Form and the Administration's Submission prior to the meeting. You will have an opportunity to state your position to the Appeals Committee, and they may ask you questions to clarify the specifics of your case. No new issues may be raised during the meeting. Following the meeting, the Appeals Committee will make a recommendation to the Administration. The Administration will issue a written notification on the outcome of your appeal within 10 business days from the date of the meeting.

What is the role of the Appeal Committee?

The Appeals Committee provides an opportunity for you to have your case reviewed by your peers. The role of the members of the Appeals Committee is to determine whether the Administration correctly applied the AgriInvest program rules. The Appeals Committee cannot create exceptions to the eligibility criteria or any other provisions included in the guidelines. The Appeals Committee reviews cases to determine whether program rules have been applied correctly to your individual circumstances.

AgriInvest is delivered by the federal government in all provinces except Quebec.

In Quebec, AgriInvest is delivered provincially by La Financière agricole.

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