Appeals

Appeals

As a client of Manitoba Agricultural Services Corporation (MASC), you have the right to appeal your claim.

Appeals Tribunal

  • All appeals are heard by an Appeal Tribunal, which is comprised of individuals with agricultural experience who are independent of MASC.
  • A hearing will be arranged, where you can present your concerns regarding the claim.
  • An independent Appeal Tribunal Adjustor may also assess your claim and present his/her findings at the hearing. MASC staff attend the hearing to explain MASC’s position.
  • Following the hearing, the Appeal Tribunal will deliberate in private and arrive at a ruling.
  • The Appeal Tribunal’s decision is final and binding for both parties.

As defined in the AgriInsurance and Hail Regulations, the following matters are NOT appealable:

  • Refusal to pay due to inadequate representative strips;
  • Determination of production related to carryover production, volunteer crop mixtures, grade guarantees, quality adjustments and inseparable seeds;
  • Decisions of destruction of plants and/or acreage; and
  • The grade, dockage, moisture content and test weights assigned by MASC. However, you may request to have these retested or resampled.

As defined in the Wildlife Damage Compensation Regulations, the following matters are NOT appealable:

  • Decisions relating to dollar amounts, grade guarantees and quality adjustments;
  • Leafcutter compensation on or before May 1 or on or after October 1; and
  • Honey bee compensation for losses on or before March 1 and on or after December 1.

As defined in the AgriInsurance Act, the following matters ARE appealable:

  • Determination of the cause of loss;
  • Determination of the number of acres, per cent of loss, or amount of production or livestock; and
  • Calculation of indemnity.

Appeal Process

There are two ways to initiate an appeal:

  1. If you do not agree with the adjustor’s findings, you may refuse to sign the claim. A second adjustor will be assigned to appraise the loss. If you do not agree with this appraisal and again refuse to sign the claim, you will be given a Notice of Appeal form to submit to the Appeal Tribunal.
  2. If you initially agree with an adjustor’s appraisal, but then reconsider, you may still appeal your claim. Contact your MASC insurance office and clearly state your desire to appeal within seven days of receiving your Calculation of Indemnity. You will be given a Notice of Appeal form to submit to the Appeal Tribunal.


Notice of Appeal

  • A letter and the Notice of Appeal form must be delivered personally or by a delivery service that provides guaranteed delivery and proof of receipt to the Appeal Tribunal within seven days of the Notice of Appeal being signed. The letter must explain the reason for the appeal.
  • A $50.00 cheque must accompany the Notice of Appeal, payable to the Minister of Finance.
  • A copy of the Notice of Appeal and submitted letter must also be delivered in the same manner within the same time period to MASC.

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