Agricultural Crown Lands Appeal Tribunal
This unbiased and independent tribunal provides fair and open review of decisions related to agricultural Crown lands in Manitoba. Members are appointed by the Lieutenant Governor in Council.
The right of appeal
The Tribunal considers appeals by anyone who feels aggrieved by a decision of Agricultural Crown Lands management. Appeals may deal with:
- Refusal to grant a lease or issue a use permit
- Refusal to approve the transfer of a lease or a use permit
- Refusal to grant a work permit
- Cancellation of a lease, use permit or work permit for non-compliance with a condition.
There is 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.
How to request a hearing
The first step is to file a Notice of Appeal. The notice must:
- Be submitted within 30 days of the date indicated on the Notice of Decision received from the Crown Lands and Property Agency, or within the further time permitted by the Appeal Tribunal.
- Be made in written form and filed with the Secretary to the Tribunal
- Contain the name and address of the person appealing and a copy of the Notice of Decision
- Concisely state the reasons or grounds for the appeal
- Contain relevant supporting documentation
The Tribunal will either dismiss the appeal, or fix a time and place for a public hearing. The appellant will be notified at least 14 days before the hearing. The Tribunal will also notify any other person whose interests, in the opinion of the Tribunal, may be affected by its decision.
At the hearing
The Tribunal will hear all evidence pertaining to the appeal. Before or during a hearing, the Tribunal may also carry out investigations or inspections, or refer questions for an expert opinion.
Each presenter will be limited to 20 minutes to allow time for questions. Presenters may be asked to remain at the hearing until adjournment.
Presentations should include accurate information supported by relevant documentation. Presenters will speak under oath in the following order:
- Manager, Agricultural Crown Lands, Manitoba Agriculture – Summary of applicable policies
- Field delivery personnel, Manitoba Agriculture – Overview of properties involved and any other pertinent factors
- Appellant
- Interested applicant(s), in order from lowest to highest score
- Successful applicant
If appellants or designates do not appear at the hearing, the Tribunal assumes they have abandoned or withdrawn their appeal. The Tribunal may consider a telephone interview in exceptional circumstances and when the Tribunal's Secretary has been notified that an appellant is unable to attend.
Decisions
The Tribunal may confirm, set aside or vary the decision of Agricultural Crown Lands management, or may refer the matter back for further consideration.
The Tribunal provides decisions in written form, clearly stating its reasoning. Barring unforeseen circumstances, all decisions are delivered to the parties within 14 days of the hearing.
Decisions of the Tribunal are final and binding on the parties and not subject to appeal.
Complete list of current Tribunal Members from Agencies, Boards and Commissions.
Agricultural Crown Lands Appeal Tribunal
PO Box 207
Cartwright, Manitoba R0K 0L0
Phone: 204-529-2347
Fax: 204-529-2371