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ontario regulation 871/21

made under the

Farm Registration and Farm Organizations Funding Act, 1993

Made: December 17, 2021
Filed: December 21, 2021
Published on e-Laws: December 21, 2021
Printed in The Ontario Gazette: January 8, 2022

Amending O. Reg. 783/20

(GENERAL)

1. Section 7 of Ontario Regulation 783/20 is revoked and the following substituted:

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.

(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.

(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.

(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.

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.

(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.

2. Section 13 of the Regulation is amended by striking out “$15.45” and substituting “$19.70”.

3. The Regulation is amended by adding the following sections:

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.

(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.

. . . . .

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.

Commencement

4. This Regulation comes into force on the later of January 1, 2022 and the day it is filed.

Made by:
Pris par :

La ministre de l'Agriculture, de l'Alimentation et des Affaires rurales,

Lisa Thompson

Minister of Agriculture, Food and Rural Affairs

Date made: December 17, 2021
Pris le : 17 décembre 2021

 

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