O. Reg. 783/20: GENERAL

Farm Registration and Farm Organizations Funding Act, 1993

ONTARIO REGULATION 783/20

GENERAL

Historical version for the period December 21, 2021 to December 31, 2021.

Last amendment: 871/21.

Legislative History: 783/20, 871/21.

This is the English version of a bilingual regulation.

CONTENTS

 

Interpretation

Interpretation

1. In this Regulation,

“Director” means the person appointed as Director under subsection 1.1 (3) of the Act; (“directeur”)

“minimum annual gross income” means the annual gross income set out in Ontario Regulation 782/20 (Determining Farm Income) made under the Act; (“revenu brut annuel minimum”)

“old registration number” means a registration number assigned under subsection 21 (4) of the Act as it read on December 31, 2020; (“ancien numéro d’inscription”)

“program year”, in relation to a farming business registration number, means the period beginning on March 1 in a year and ending on the last day of February in the following year. (“année de programme”)

Farming Business Registration Numbers — Applications

Application by new applicant

2. (1) This section applies with respect to applications for a farming business registration number submitted by,

(a) a person who carries on a farming business and who has never been assigned an old registration number or a farming business registration number; or

(b) a person who carries on a farming business and who, in the two program years before making an application for a farming business registration number, was not assigned an old registration number or a farming business registration number. O. Reg. 783/20, s. 2 (1).

(2) To obtain a farming business registration number for a program year, a person shall,

(a) at any time during the program year, submit an application in the form and manner approved by the Director;

(b) along with the application, provide a payment to the Director to be directed to an accredited farm organization in accordance with section 4; and

(c) provide information the Director may request to enable the Director to make the determination of the farming business’s annual gross income under section 4 of Ontario Regulation 782/20 (Determining Farm Income) made under the Act. O. Reg. 783/20, s. 2 (2).

(3) The application shall include the following information:

1. The business name, address and all contact information of the farming business.

2. The name, address and all contact information of at least one individual who is authorized to represent or make decisions on behalf of the farming business.

3. The primary farming location of the farming business.

4. Any identifying numbers that have previously been assigned to the farming business, by the Government of Ontario or the Government of Canada or their agents, such as an AgriCorp ID number, an AgriStability/AgriInvest PIN or a number from a program that is a successor to those programs, a Premise ID or a Canada Revenue Agency business number.

5. The approximate annual gross farm income of the farming business, within the ranges set out in the application form.

6. The sources of the gross farm income.

7. The approximate age of the farmer or farmers, within the ranges set out in the application form.

8. The following information about the farming business:

i. The total number of acres of the farming business’s land.

ii. The number of acres under cultivation.

iii. The number of acres that are owned by the farming business and the number of acres that are rented from another owner.

9. A description of the business structure of the farming business.

10. If the farming business operates as a partnership, the name of each partner.

11. If the farming business operates as a trust, the name of each trustee and each beneficiary.

12. If the farming business operates as a corporation, its incorporation number.

13. If the farming business operates as a corporation that does not offer its shares to the public, the name of each shareholder.

14. If the farming business operates as a corporation that offers its shares to the public, as a co-operative incorporated under the Co-operative Corporations Act or as a not-for-profit corporation incorporated under the Not-for-Profit Corporations Act, 2010 or a predecessor of that Act, the name of each of its directors and officers. O. Reg. 783/20, s. 2 (3), 24.

Application by existing registrant

3. (1) This section applies with respect to applications for a farming business registration number submitted by a person who carries on a farming business and who, in either or both of the two program years before making an application for a farming business registration number, was assigned an old registration number or a farming business registration number.

(2) To renew a farming business registration number for a program year, a person shall,

(a) submit an application in the form and manner approved by the Director in accordance with the timelines set out in Ontario Regulation 722/93 (Filing Dates) made under the Act, with necessary modifications;

(b) confirm that the farming business earned the minimum annual gross income in the taxation year before the program year in which the application is submitted;

(c) confirm that there has been no change in the information required under paragraphs 1 to 6 of subsection 2 (3) provided by the farming business in its most recent application; and

(d) along with the application, provide a payment to the Director to be directed to an accredited farm organization in accordance with section 4.

Payments directed to accredited farm organization

4. (1) The payments required under sections 2 and 3 to be made to the Director and directed to an accredited farm organization are as follows:

1. For an application submitted for the program year ending on February 28, 2021, $240 plus HST.

2. For an application submitted for the program year beginning on March 1, 2021, $240 plus HST.

3. For an application submitted for a program year beginning on March 1, 2022 or later, $255 plus HST.

(2) Payment shall be made by cheque or by another means acceptable to the Director.

(3) Within 10 business days after receiving a payment under section 2 or 3, the Director shall forward the payment to the accredited farm organization to which the farming business directed payment, along with,

(a) the farming business’s name, address, contact information and farming business registration number; and

(b) any information collected under paragraphs 5 to 9 of subsection 2 (3), if the farming business has consented to the Director sharing that information with the accredited farm organization.

Change in business structure

5. (1) A farming business that undergoes a change in legal structure shall notify the Director of the change and shall provide the following updated information:

1. The information required for an application by a new applicant under subsection 2 (3).

2. Information the Director may request showing that the farming business earned the minimum annual gross income during the program year.

3. The farming business’s most recent old registration number or farming business registration number.

(2) On receiving the notification, the Director shall cancel the farming business’s old registration number or farming business registration number and assign a new farming business registration number to the farming business.

Effective period

6. (1) A farming business registration number for a program year obtained before the start of the program year is effective for the program year.

(2) A farming business registration number for a program year obtained after March 1 in the program year is effective beginning on the day on which the number is assigned and ending on the last day of February following the day on which the number is assigned.

Accreditation of Farm Organizations

Criteria

7. For the purpose of section 6 of the Act, the prescribed criteria for accredited farm organizations are the criteria set out in section 5 of Ontario Regulation 723/93 (General) made under the Act, as it read on December 31, 2020, with necessary modifications and the following specific modifications:

1. Paragraph 4 of subsection 5 (2) of Ontario Regulation 723/93 shall be read without the words “and prescribed under subsection 3 (2)” at the end.

2. The words “section 12 or 13 of the Act” at the end of paragraph 10 of subsection 5 (2) of Ontario Regulation 723/93 shall be read as “section 12 or 16 of the Act”.

Note: On January 1, 2022, section 7 of the Regulation is revoked and the following substituted: (See: O. Reg. 871/21, s. 1)

Criteria

7. (1) In this section,

“supporter”, with respect to a farm organization, means,

(a) any person that has made a payment under subsection 21 (1) of the Act to the farm organization and has not applied for a refund of the payment under subsection 21 (7) of the Act, whether or not the person is a member of the farm organization, and

(b) any member of the farm organization that is not a farming business required to obtain a farming business registration number under section 2 of the Act. O. Reg. 871/21, s. 1.

(2) For the purposes of sections 6, 7.2, 7.3 and 10 of the Act, the following are the criteria for a farm organization to be accredited or to have its accreditation renewed:

1. The farm organization is incorporated under a general or special Act of the Legislature.

2. Its purpose is to represent persons carrying on all types of farming businesses and it is willing to represent a farming business no matter what types of crops, livestock, poultry or other agricultural products the farming business may produce.

3. It provides education or training in agricultural matters.

4. It provides advice and analysis to governments, administrative tribunals or advisory bodies concerning agricultural issues and the development of programs or policies that are of interest to persons carrying on farming businesses.

5. At least 250 persons that have a farming business registration number are supporters of the farm organization or, in the case of a farm organization that is not accredited, have paid to the farm organization, in the year in which the farm organization is applying to be accredited, an amount equal to the amount required to be paid under paragraph 3 of subsection 4 (1).

6. The majority of its supporters are persons described in clause (a) of the definition of “supporter” in subsection (1).

7. The fee required for membership in the farm organization, or for a class of membership in the farm organization, consists of the payment to the farm organization of the amount that is payable under subsection 21 (1) of the Act.

8. It has an established process that allows supporters that have a farming business registration number to make submissions to it on any relevant issue and that requires it to consider the submissions and respond.

9. Subject to subsection (3), it has entered into a written agreement with the Minister and with all other accredited farm organizations to provide special funding to the francophone organization that is eligible to receive special funding under the Act.

10. It has at least 12 local branches located in Ontario, each of which must represent at least 10 farming businesses.

11. It contributes to its local branches at least 10 per cent of the gross revenue for any given year that is received from payments made under section 21 of the Act for that year, excluding any refunds that have been provided in that year under subsection 21 (8) of the Act.

12. It has an arrangement or agreement with its local branches located in Ontario that includes the following:

i. Provisions setting out the respective roles and responsibilities of the farm organization and the local branches.

ii. Provisions setting out a dispute resolution process respecting disputes between the farm organization and a local branch.

iii. A requirement that the farm organization allow each local branch to send a current member to any meeting of the farm organization to which local branches are invited to send representatives.

iv. A right on the part of the farm organization to send a representative to attend each local branch’s annual general meeting.

v. A right on the part of the farm organization to request information from each local branch with respect to the local branch’s governance, activities and financial viability.

13. It prepares audited financial statements for each fiscal year in accordance with subsection (4) and makes them available to the public within 60 days after its annual general meeting in the relevant fiscal year.

14. In the case of an accredited farm organization applying to have its accreditation renewed, the farm organization has provided a copy of its most recent audited financial statement to the Tribunal.

15. In the case of an accredited farm organization applying to have its accreditation renewed, the farm organization has developed a written service standard setting out the rules applicable to applications for, and the timing and processing of, refunds under subsection 21 (8) of the Act, and the service standard is available to the public on request. O. Reg. 871/21, s. 1.

(3) The requirement to enter into an agreement described in paragraph 9 of subsection (2) does not apply to a farm organization that is applying to be accredited for the first time if the farm organization agrees, in writing, to enter into an agreement described in that paragraph as soon as possible after being accredited. O. Reg. 871/21, s. 1.

(4) An audited financial statement for a fiscal year shall include,

(a) financial statements and an auditor’s report prepared by an auditor in accordance with generally accepted auditing standards;

(b) the total number of supporters the farm organization had in the fiscal year;

(c) the total amount the farm organization received from payments remitted under subsection 21 (3) of the Act in the fiscal year;

(d) the number of refunds the farm organization provided under subsection 21 (8) of the Act in the fiscal year and the total amount of those refunds;

(e) the amount, if any, the farm organization paid in the fiscal year to the francophone organization eligible to receive special funding under the Act; and

(f) the amount the farm organization allocated to its local branches in the fiscal year. O. Reg. 871/21, s. 1.

Special rule: renewal of accreditation if emergency declared

7.1 (1) For the purposes of sections 7.2, 8 and 10 of the Act, this section applies with respect to the Tribunal’s determination as to whether to renew an accredited farm organization’s accreditation if, at any point during the period since the farm organization was most recently accredited, an emergency has been declared throughout Ontario under section 7.0.1 of the Emergency Management and Civil Protection Act. O. Reg. 871/21, s. 1.

(2) In the circumstances described in subsection (1), the Tribunal shall not determine that an accredited farm organization no longer meets the prescribed criteria for an accredited farm organization if,

(a) that determination is based solely on the fact that, during the declared emergency, the accredited farm organization did not meet the criteria in paragraph 3, 5, 6, 10, 11 or 13 of subsection 7 (2); and

(b) the accredited farm organization met those criteria again as soon as possible after the emergency was terminated. O. Reg. 871/21, s. 1.

Notice of application for accreditation, etc.

8. (1) The persons listed in subsection (2) are prescribed as persons to whom the Tribunal shall give written notice of the following:

1. An application under subsection 4 (4) of the Act for initial accreditation as an accredited farm organization.

2. An application under subsection 7 (3) of the Act for the renewal of an accreditation as an accredited farm organization.

3. A review by the Tribunal under section 8 of the Act as to whether an accredited farm organization continues to qualify for accreditation.

(2) The persons mentioned in subsection (1) are the following:

1. The Minister.

2. The Director.

3. Each accredited farm organization.

4. The francophone organization that is receiving special funding under the Act.

Service of copy of order, decision re accreditation

9. (1) The persons listed in subsection (2) are prescribed as persons to whom the Tribunal shall serve a copy of the following:

1. An order to accredit a farm organization under subsection 6 (1) of the Act.

2. A decision to refuse to accredit a farm organization under subsection 6 (1) of the Act.

3. An order to renew the accreditation of a farm organization under subsection 7.2 (1) of the Act or to renew the accreditation provisionally under clause 7.3 (1) (b) of the Act.

4. A decision to refuse to renew the accreditation of a farm organization under clause 7.3 (1) (a) of the Act.

5. An order to remove the accreditation of a farm organization under clause 10 (1) (a) of the Act or to require an organization to meet specified conditions under clause 10 (1) (b) of the Act.

(2) The persons mentioned in subsection (1) are the following:

1. The Minister.

2. The Director.

3. Each accredited farm organization.

4. The francophone organization that is receiving special funding under the Act.

(3) The following are prescribed as persons on whom the Tribunal shall serve an order under subsection 11 (3) of the Act removing the accreditation of an accredited farm organization:

1. The Minister.

2. Each accredited farm organization.

3. The francophone organization that is receiving special funding under the Act.

Effective period, accreditation

10. The effective period of an accreditation of an accredited farm organization under subsection 6 (2) of the Act begins on the day on which the Tribunal issues the order accrediting the farm organization and ends on September 1 in the fifth year after the year in which the order is issued.

Same, transition

11. The effective period of an accreditation of a farm organization that was accredited by order of the Tribunal before January 1, 2021 ends on September 1 in the fifth year after the year in which the Tribunal order accrediting the farm organization was issued.

Note: On January 1, 2026, section 11 of the Regulation is revoked. (See: O. Reg. 783/20, s. 25)

Renewal of accreditation

12. (1) An accredited farm organization may apply to the Tribunal for renewal of its accreditation no earlier than nine months before its accreditation expires and no later than six months before its accreditation expires.

(2) The effective period of a renewal of the accreditation of an accredited farm organization under subsection 7.2 (2) of the Act begins on the day on which the Tribunal issues the order renewing the accreditation of the farm organization and ends on September 1 in the fifth year after the year in which the order is issued.

Director’s administration fee

13. For the purposes of subsection 21 (4) of the Act, the prescribed fee to be charged to accredited farm organizations for the activities of the Director is $15.45, plus HST, for each application for a farming business registration number the Director processes.

Note: On January 1, 2022, section 13 of the Regulation is amended by striking out “$15.45” and substituting “$19.70”. (See: O. Reg. 871/21, s. 2)

Refunds, s. 21 (7) of the Act

14. (1) An application for a refund from an accredited farm organization under subsection 21 (7) of the Act shall be made to the accredited farm organization to which the payment was directed no later than May 31 in the program year in which the applicant made the relevant payment to the Director.

(2) The application shall include the applicant’s business name and farming business registration number.

Francophone Organizations — Eligibility for Special Funding

Criteria

15. For the purpose of clause 12 (1) (c) of the Act, the prescribed criteria for an organization to be eligible for special funding are the criteria set out in section 8 of Ontario Regulation 723/93 (General) made under the Act, as it read on December 31, 2020, with necessary modifications.

Note: On January 1, 2022, the Regulation is amended by adding the following section: (See: O. Reg. 871/21, s. 3)

Special rule: continued eligibility if emergency declared

15.1 (1) For the purposes of sections 17.1, 18, 19 and 20.1 of the Act, this section applies with respect to the Tribunal’s determination as to whether a francophone organization continues to be eligible to receive special funding if, at any point during the period since the francophone organization was most recently found to be eligible, an emergency has been declared throughout Ontario under section 7.0.1 of the Emergency Management and Civil Protection Act. O. Reg. 871/21, s. 3.

(2) In the circumstances described in subsection (1), the Tribunal shall not determine that a francophone organization no longer meets the prescribed criteria for a francophone organization to be eligible to receive special funding if,

(a) that determination is based solely on the fact that, during the declared emergency, the francophone organization did not meet the criteria in paragraph 3, 4, 6, 7, 10 or 11 of subsection 8 (1) of Ontario Regulation 723/93 (General) made under the Act, as it read on December 31, 2020, with necessary modifications; and

(b) the francophone organization met those criteria again as soon as possible after the emergency was terminated. O. Reg. 871/21, s. 3.

Notice of application for special funding, etc.

16. (1) The persons listed in subsection (2) are prescribed as persons to whom the Tribunal shall give written notice of the following:

1. An application by a francophone organization under subsection 12 (2) of the Act to receive special funding.

2. An application under subsection 16 (3) of the Act to continue to receive special funding.

3. A review by the Tribunal under section 19 of the Act as to whether a francophone organization continues to be eligible to receive special funding.

(2) The persons mentioned in subsection (1) are the following:

1. The Minister.

2. The Director.

3. Each accredited farm organization.

4. Any other francophone organization that has applied to receive special funding and whose application has not yet been determined.

(3) The following are prescribed as persons to whom the Tribunal shall give written notice of an application by a francophone organization under subsection 20.2 (1) of the Act to no longer receive special funding:

1. The Minister.

2. The Director.

3. Each accredited farm organization.

Service of copy of order, notice re eligibility

17. (1) The persons listed in subsection (2) are prescribed as persons to whom the Tribunal shall serve a copy of the following:

1. An order declaring a francophone organization to be eligible to receive special funding under subsection 14 (1) or (2) of the Act.

2. An order continuing the eligibility of a francophone organization to receive special funding under subsection 17.1 (1) of the Act.

3. An order declaring a francophone organization ineligible to receive special funding under clause 18 (1) (a) of the Act.

4. An order under clause 18 (1) (b) of the Act providing that a francophone organization is eligible to continue to receive special funding if it meets specified conditions within a specified period of time.

5. An order under subsection 20.2 (3) of the Act that a francophone organization no longer receive special funding.

(2) The persons mentioned in subsection (1) are the following:

1. The Minister.

2. The Director.

3. Each accredited farm organization.

Effective period, eligibility

18. The effective period of a francophone organization’s eligibility to receive special funding under subsection 14 (4) of the Act begins on the day on which the Tribunal issues the order determining the organization is eligible and ends on September 1 in the fifth year after the year in which the order is issued.

Same, transition

19. The period of eligibility for the francophone organization that was determined to be eligible for special funding by order of the Tribunal before January 1, 2021 ends on September 1 in the fifth year after the year in which the Tribunal order was issued.

Note: On January 1, 2026, section 19 of the Regulation is revoked. (See: O. Reg. 783/20, s. 25)

Continued special funding

20. (1) An eligible francophone organization may apply to the Tribunal to continue to receive special funding no earlier than nine months before its period of eligibility ends and no later than six months before its period of eligibility ends.

(2) The effective period of a francophone organization’s eligibility to continue to receive special funding begins on the day on which the Tribunal determines the organization continues to be eligible and ends on September 1 in the fifth year after the year in which the order is issued.

Note: On January 1, 2022, the Regulation is amended by adding the following section: (See: O. Reg. 871/21, s. 3)

Allocation of funding to eligible francophone organization

20.1 Each accredited farm organization shall allocate to the eligible francophone organization 1.5 per cent of the gross revenue for any given year that is received from payments made under section 21 of the Act for that year, excluding any refunds that have been provided in that year under subsection 21 (8) of the Act. O. Reg. 871/21, s. 3.

Miscellaneous

Use of information, s. 3 of the Act

21. The following are prescribed as purposes for which the Ministry may use the information obtained under the Act:

1. To determine eligibility for programs that require a person to have a farming business registration number.

2. To respond to requests for information from Statistics Canada.

3. To respond to requests for information from Agriculture and Agri-Food Canada.

4. To provide to an accredited farm organization the business name, business contact information and farming business registration number of each farm business which directed payment to the accredited farm organization.

5. To plan for or respond to emergencies.

6. To undertake research for the improvement of agriculture, food or rural affairs, or to cause such research to be undertaken.

7. To support economic development, public health and safety or environmental objectives in Ontario.

Resubmitting returned payment

22. A person who receives a returned payment under paragraph 2 of subsection 7.3 (6) of the Act or under subsection 11 (6) of the Act shall resubmit the payment to the Director within 60 days.

Designation of Crown agency, s. 31.13 of the Act

23. For the purpose of subsection 31.13 (1) of the Act, a Crown agency must have at least five years of experience in delivering programs related to agriculture on behalf of a provincial or territorial government.

24, 25. Omitted (provides for amendments to this Regulation).

26. Omitted (provides for coming into force of provisions of this Regulation).