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Manitoba Agriculture, Food and Rural Initiatives

Agricultural Crown Lands Appeal Board

Sharon Whitaker, Chair
John Rudyk, Vice-Chair
Norval Lee, Board Member
Sherry Lytwyn, Board Member
Gudjon Sigurdson, Board Member

Policy Statement

The Agricultural Crown Lands Appeal Board is an open, accessible and accountable entity, desirous of ensuring fair and equitable management and administration of agricultural Crown lands within the Province of Manitoba.

Independent of Manitoba Agriculture, Food and Rural Initiatives (MAFRI), Agricultural Crown Lands, the Board must be impartial and not biased by either the management activities of MAFRI; the adminsitrative activities of the Crown Lands and Property Agency as administrative agent of MAFRI or by personal intersts.

Jurisdiction

The Board consists of five members appointed by the Lieutenant Governor in Council.

The focus of the Appeal Board is to hear appeals submitted by any person who is aggrieved by a decision of the Director to:

  • refuse to grant a lease or issue a use permit;
  • refuse to approve the transfer of a lease or a use permit;
  • refuse to grant a work permit; or
  • cancel a lease, use permit or work permit for non-compliance with a condition of the lease, use permit or work permit.

Notice of Appeal

Persons wishing to file a Notice of Appeal must do so within 30 days following the date indicated on the Notice of Decision received from the Crown Lands and Property Agency, as administrative agent of MAFRI, or within such further time as the Appeal Board may permit.

All Notices of Appeal shall be made in written form and filed with the Secretary to the Board.

There shall be no right of appeal in cases where a lease, use permit, or work permit is cancelled because of the failure to pay an amount owing under the lease, use permit or work permit.

A Notice of Appeal must contain:

  • the name and address of the person appealing;
  • a copy of the Notice of Decision; and
  • concisely stated reasons or grounds for the appeal.

*Applicants should include relevant supporting documentation with the request for an appeal hearing.

Where the Notice of Appeal does not contain the information listed above, the appeal may be disallowed by the Chair.

Public Hearing

Upon receiving a written Notice of Appeal, the Board:

  • may dismiss an appeal; or
  • shall fix a day, time and place at which it will hear the appeal.

The Board shall give at least 14 days notice of the date of the hearing of a valid appeal to the appellant and any other person whose interests, in the opinion of the Board, may be affected by its decision.

On the date of the public hearing, the Board shall hear all evidence pertaining to the appeal in question.

The Appeal Board shall reserve the right, (before or during a hearing), to carry out any investigation or inspection, or refer any question for an expert opinion that it considers necessary or advisable.

Appellants or designates who do not appear at the hearing, shall be deemed to have abandoned or withdrawn their appeal.  In exceptional circumstances and when the Board's Secretary has been notified of an appellant's inability to attend, the Appeal Board may consider a telephone interview.

What to Expect at the Hearing

At the appointed day, time and place, the appellant(s) and the successful applicant will have the opportunity to appear before the Board. Presentations should include accurate information, supported by relevant documentation, and will be given under oath in the following order:

  • Manager, MAFRI, Agricultural Crown Lands - summary of applicable policies;
  • Field Delivery Personnel, MAFRI - overview of properties involved and any other pertinent factors;
  • Appellant;
  • Interested Applicant(s) - will be heard in order from lowest to highest score;
  • Successful Applicant.
     

Each presenter will be limited to approximately twenty minutes, thus allowing time for questions. Presenters may be requested to remain at the hearing until the appeal is adjourned.

Decision of the Appeal Board

On considering an appeal, the Board may:

  • confirm, set aside or vary the decision of the Director; or
  • refer the matter back to the Director for further consideration in accordance with the Appeal Board's instructions.

Decisions of the Board shall be completed in written form, clearly stating the reasons for either confirming, setting aside, varying the decision of the Director or referring the matter back to the Director for further consideration.

Barring unforeseen circumstances, all decisions of the Board shall be delivered to the parties within approximately 14 days following the appeal hearing.

*The decision of the Board is final and binding on the parties and is not subject to appeal.

Agricultural Crown Lands Appeal Board
PO Box 1286
36 Armitage Avenue
Minnedosa, MB  R0J 1E0
Phone: (204) 867-6550
Fax: (204) 867-6578