AgriStability Appeal Process
What is an appeal request?
If you do not agree with how AgriStability program rules were applied to your application, you may submit an appeal request identifying the specific issue you wish to be reconsidered. An AgriStability 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.
Do I Request an Adjustment or an Appeal?
If you wish to change the information which was either originally submitted on your AgriStability forms or used in calculating your program benefits, you can request an adjustment within 18 months from the date of your original Calculation of Program Benefits. To request an adjustment use form T1275 - AgriStability and AgriInvest Programs Additional Information and Adjustment Request and fax or send it to:
AgriStability and AgriInvest Administration
P.O. Box 3200
Winnipeg, Manitoba R3C 5R7
Toll Free Facsimile Number: 1-877-949-4885
If your adjustment request is denied by the Administration, you can request an appeal within 90 days from the date of notification. 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.
What is the appeal process?
- Step 1: Submit your appeal in writing
Submit your appeal in writing using the AgriStability Program Appeal Submission Form.
If you are in Manitoba, New Brunswick, Nova Scotia, Newfoundland and Labrador or Yukon, send your completed form to:
AgriStability Program Appeals
P.O. Box 2759 Station Main
Or Fax Toll Free: 1-877-949-4885
If you are in British Columbia or Saskatchewan, appeals concerning 2009 AgriStability Enrolment Notices/fees and prior program year appeals (2007 and 2008) should be directed to AAFC using the Appeal Submission Form. If your appeal issue is related to the 2009 application deadline or processing, or to subsequent program years (i.e., 2010), please contact your provincial administration.
If you are in Alberta, Ontario, Quebec, or Prince Edward Island, contact your provincial AgriStability administration for information on the appeals process.
- Step 2: Receipt of appeal request acknowledged
The Administration will acknowledge receipt of your appeal in writing, usually within 5 business days from receipt.
- Step 3: Internal review of your application
Please note that appeal requests are addressed on a first-in, first-out basis. 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 4: Review of the Appeal Submission
If your appeal cannot be resolved through an adjustment, an appeals officer will prepare the Administration's Submission Form 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 Form and mailed to you for 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 Form, your Appeal Submission Form and any additional documents which you may have submitted to the Administration are forwarded to the Appeals Committee for adjudication. 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 5: Appeals Committee meeting
The Appeals Committee will meet to review your appeal. You will have the option of attending the appeal meeting in-person or via 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 present at the same time, whether in-person or via conference call. Attendance of other representation is not permitted. You must give the Administration 14 days notice of your intention to attend the meeting and you are responsible for any costs incurred to attend. You will have the 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. If you choose to not attend the meeting, the Appeals Committee will make a recommendation based on the facts of your case.
- Step 6: You will be notified of the result
After you leave the meeting (if attending in-person or via conference call) and 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 is the role of the Appeals Committee?
The Appeals Committee provides an opportunity for you to have your case reviewed by your peers. The Appeals Committee is comprised of producer representatives from your province or region (between 3 and 5 producers will be present). Also attending the meeting will be a non-voting provincial government representative, and a recorder from the Administration to provide secretariat services.
The role of the members of the Appeals Committee is to determine whether the Administration correctly applied the AgriStability 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.
For additional information contact us toll free at 1-866-367-8506.
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