The Ontario Ministry of Agriculture, Food and Rural Affairs Appeal Tribunal wrote that the information McIlroy sought is not needed for the tribunal to reach a decision on Skotidakis appeal against DFO fines and penalties amounting to about $13 million.
The DFO fines are based on audits of Skotidakis milk processing business, including records of milk imports to make dairy products subsequently exported.
The so-called IRAP program is a legal method to avoid import tariffs which are normally prohibitively high so the Canadian supply-management system is protected from competition from cheaper imports.
However, details of the new trade agreement among Canada, the United States and Mexico reveal that the DFO will no longer be able to conduct audits related to the IRAP program.
Lacking audits, it’s difficult to understand how the DFO will be able to stop unlimited imports made under the IRAP program.
Pricing by milk class is another detail the DFO refused to supply to the tribunal on the grounds that it’s confidential and sensitive for international trade reasons.
However, the new North American trade deal also has a detail mandating pricing transparency to the United States.
The tribunal decision, posted Tuesday on the tribunal’s website, says it was written Jan. 3, however, the tribunal’s public hearing was held on Nov. 20 and Jan. 10.
That raises a question whether the decision was reached and written more than a week before the conclusion of the public hearing.
With the issue of the motion now out of the way, the nub of the Skotidakis appeal may resume.
