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Farm Registration and Farm Organizations Funding Act, 1993, S.O. 1993, c. 21

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Regulations under this Act

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Farm Registration and Farm Organizations Funding Act, 1993

S.O. 1993, CHAPTER 21

Consolidation Period: From June 22, 2006 to the e-Laws currency date.

Last amendment: 2006, c.19, Sched.A, s.8.

CONTENTS

1.

Definitions

Farming Business Registration Form

2.

Farming business registration form

3.

Use of information

Accredited Farm Organizations

4.

Application for accreditation

5.

Hearing on application

6.

Order on application

7.

Organizations deemed accredited

8.

Tribunal may review accreditation

9.

Hearing on review

10.

Order on review

11.

Relinquishing accreditation

Eligible Francophone Organization

12.

Francophone organization

13.

Organization deemed eligible

14.

Tribunal may review eligibility

15.

Hearing on review

16.

Order on review

17.

Application for renewal

18.

Hearing on application

19.

Order on application

20.

Organization is accredited

Registration

21.

Payment

22.

Religious objection, individual

23.

Current registration

Procedure on Appeal

26.

Gather information

27.

Submissions accepted

29.

Reconsider orders

30.

Decision of Tribunal final

31.

Notice of orders

General

32.

Protection from liability

33.

Regulations

Definitions

1. In this Act,

“farming business” means a farming business within the meaning of the Income Tax Act (Canada); (“entreprise agricole”)

“Minister” means the Minister of Agriculture, Food and Rural Affairs, and “Ministry” has a corresponding meaning; (“ministre”, “ministère”)

“prescribed” means prescribed by the regulations made under this Act; (“prescrit”)

“Tribunal” means Agriculture, Food and Rural Affairs Appeal Tribunal continued under the Ministry of Agriculture, Food and Rural Affairs Act. (“Tribunal”) 1993, c. 21, s. 1; 1999, c. 12, Sched. A, s. 12 (1).

Farming Business Registration Form

Farming business registration form

2. (1) A person shall file with the Minister a completed farming business registration form if,

(a) the person carries on a farming business; and

(b) the annual gross income of the farming business, as determined in accordance with the regulations, is equal to or greater than the prescribed amount. 1993, c. 21, s. 2 (1).

One registration

(2) If two or more persons carry on a farming business together, only one registration form need be filed for the farming business and each of the persons carrying on the business is responsible for ensuring that it is filed. 1993, c. 21, s. 2 (2).

Contents of registration form

(3) The farming business registration form must be in a form provided by the Minister and must contain the name and address of the farming business and the prescribed information concerning the farming business. 1993, c. 21, s. 2 (3).

Time for registration

(4) The farming business registration form shall be filed on the dates prescribed, or ascertained by a method or under criteria prescribed, by a regulation made under this section. 1993, c. 21, s. 2 (4).

Regulations

(5) The Minister may make regulations prescribing,

(a) dates or methods of ascertaining dates for filing farming business registration forms;

(b) criteria for selecting different filing dates;

(c) classes of registrants. 1993, c. 21, s. 2 (5).

Same

(6) A regulation made under subsection (5) may prescribe,

(a) different dates for different registrants or classes of registrants based on any criteria that are prescribed;

(b) different methods of determining dates for different registrants or classes of registrants. 1993, c. 21, s. 2 (6).

Use of information

3. The Minister may use the information received from farming business registration forms to develop agricultural policies and programs for the Ministry, to develop and implement methods of distributing information about the policies and programs, to develop mailing lists and for the prescribed purposes. 1993, c. 21, s. 3.

Accredited Farm Organizations

Application for accreditation

4. (1) Any organization representing farmers in the province may apply to the Tribunal to become an accredited farm organization for the purposes of this Act. 1993, c. 21, s. 4 (1); 2006, c. 19, Sched. A, s. 8 (1).

Renewal

(2) Any accredited farm organization may apply to the Tribunal for a renewal of its accreditation if it does so during the period prescribed. 1993, c. 21, s. 4 (2); 2006, c. 19, Sched. A, s. 8 (1).

Preserving status

(3) The accreditation of a farm organization that applies for a renewal of the accreditation during the prescribed period remains in effect until the Tribunal makes its order pursuant to the application. 1993, c. 21, s. 4 (3); 2006, c. 19, Sched. A, s. 8 (1).

Notice

(4) The Tribunal shall give written notice of all applications under this section to the Minister and to all of the accredited farm organizations. 1993, c. 21, s. 4 (4); 2006, c. 19, Sched. A, s. 8 (1).

Hearing on application

5. (1) The Tribunal shall hold a hearing before determining whether an organization is to be accredited or whether an organization’s accreditation is to be renewed. 1993, c. 21, s. 5 (1); 2006, c. 19, Sched. A, s. 8 (2).

Submissions

(2) Any person or organization entitled to notice of an application may make submissions in a hearing relating to the accreditation of a farm organization. 1993, c. 21, s. 5 (2).

Party

(3) The organization seeking accreditation or renewal of accreditation is a party to the hearing. 1993, c. 21, s. 5 (3).

Order on application

6. (1) If the Tribunal determines that the organization meets the prescribed criteria for accredited farm organizations, the Tribunal shall, by order, accredit the organization and, if the Tribunal determines that the organization does not meet those criteria, the Tribunal shall refuse the accreditation. 1993, c. 21, s. 6 (1); 2006, c. 19, Sched. A, s. 8 (3).

Term of accreditation

(2) The accreditation of a farm organization is in effect for three years starting at the prescribed time. 1993, c. 21, s. 6 (2).

Organizations deemed accredited

7. The following farm organizations shall be deemed to be accredited for three years starting at the prescribed time:

1. Christian Farmers Federation of Ontario.

2. Ontario Federation of Agriculture. 1993, c. 21, s. 7.

Tribunal may review accreditation

8. (1) If a panel of at least three members of the Tribunal believes that the organization no longer qualifies for the accreditation, the chair may start a review of the accreditation. 1993, c. 21, s. 8 (1); 2006, c. 19, Sched. A, s. 8 (1).

Notice

(2) The Tribunal shall give written notice of any review under this section to the accredited farm organization that is the subject of the review, to the Minister and to all of the other accredited farm organizations. 1993, c. 21, s. 8 (2); 2006, c. 19, Sched. A, s. 8 (1).

Where no review

(3) An organization named in section 7 cannot be reviewed during the three years of deemed accreditation. 1993, c. 21, s. 8 (3).

Hearing on review

9. (1) If a review is started, the Tribunal shall hold a hearing before determining whether an accredited farm organization continues to qualify for accreditation. 1993, c. 21, s. 9 (1); 2006, c. 19, Sched. A, s. 8 (1).

Party

(2) The accredited farm organization that is the subject of the review is a party to the review. 1993, c. 21, s. 9 (2).

Submissions

(3) Any person or organization entitled to notice of the review may make submissions in a hearing relating to the accreditation of a farm organization. 1993, c. 21, s. 9 (3).

Order on review

10. (1) If the Tribunal determines that the accredited farm organization no longer meets the prescribed criteria for an accredited farm organization, the Tribunal may, by order,

(a) remove the accreditation of the organization; or

(b) require the organization to meet specified conditions within a specified period of time in order to maintain its accreditation. 1993, c. 21, s. 10 (1); 2006, c. 19, Sched. A, s. 8 (4).

Suspension of accreditation

(2) If the Tribunal requires an organization to meet specified conditions, it may suspend the accreditation of the organization and subsection 21 (3) does not apply until those conditions are met. 1993, c. 21, s. 10 (2); 2006, c. 19, Sched. A, s. 8 (4).

Further hearing

(3) If an order is made under clause (1) (b) and the organization does not meet the specified conditions within the specified time, the Tribunal may, after holding a hearing under section 9, make a further order under subsection (1). 1993, c. 21, s. 10 (3); 2006, c. 19, Sched. A, s. 8 (1).

Removing accreditation

(4) An order to remove the accreditation of an organization takes effect on the date set out in the order. 1993, c. 21, s. 10 (4).

Relinquishing accreditation

11. (1) An accredited farm organization may apply to the Tribunal to have its accreditation removed. 1993, c. 21, s. 11 (1); 2006, c. 19, Sched. A, s. 8 (1).

Notice to Ministry

(2) The Tribunal shall give the Ministry notice of every application that it receives under this section. 1993, c. 21, s. 11 (2); 2006, c. 19, Sched. A, s. 8 (5).

Revocation by Tribunal

(3) The Tribunal, on receiving an application under subsection (1), shall, without a hearing, make an order removing the accreditation of the organization. 1993, c. 21, s. 11 (3); 2006, c. 19, Sched. A, s. 8 (1).

Service

(4) The Tribunal shall serve a copy of the order on the Ministry, the organization that made the application and the remaining accredited farm organizations. 1993, c. 21, s. 11 (4); 2006, c. 19, Sched. A, s. 8 (1).

Effective date

(5) An order to remove the accreditation takes effect on the date set out in the order. 1993, c. 21, s. 11 (5).

Return of payment

(6) The Ministry shall return, to the persons submitting them, any payments that are payable to an organization making an application under this section that the Ministry receives after it gets the notice of the application. 1993, c. 21, s. 11 (6).

Resubmitting payment

(7) A person whose payment is returned shall, within the prescribed time, resubmit the payment payable to one of the remaining accredited organizations. 1993, c. 21, s. 11 (7).

Registration number

(8) A registration number that has been assigned to a person to whom payment is returned remains current only until the prescribed time for resubmitting payment has expired unless the payment is resubmitted within the prescribed time. 1993, c. 21, s. 11 (8).

Eligible Francophone Organization

Francophone organization

12. One francophone organization representing farmers in the Province may be eligible for special funding under this Act if,

(a) it serves the socioeconomic and cultural interests of francophone farmers;

(b) it offers its services to farming businesses in the French language; and

(c) it meets the prescribed criteria for eligibility. 1993, c. 21, s. 12.

Organization deemed eligible

13. (1) The prescribed francophone organization is eligible for special funding for a period of three years starting at the prescribed time. 1993, c. 21, s. 13 (1).

Allocation

(2) The special funding shall be allocated to the eligible organization in the prescribed manner. 1993, c. 21, s. 13 (2).

Tribunal may review eligibility

14. (1) If, during the period of eligibility of an organization, a panel of at least three members of the Tribunal believes that the organization no longer qualifies for special funding under this Act, the chair may start a review of its eligibility. 1993, c. 21, s. 14 (1); 2006, c. 19, Sched. A, s. 8 (1).

Notice

(2) The Tribunal shall give written notice of any review under this section to the francophone organization that is the subject of the review, to the Minister and to all of the accredited farm organizations. 1993, c. 21, s. 14 (2); 2006, c. 19, Sched. A, s. 8 (1).

Where no review

(3) An organization prescribed in the regulations cannot be reviewed during the three years of deemed eligibility. 1993, c. 21, s. 14 (3).

Hearing on review

15. (1) If a review is started, the Tribunal shall hold a hearing before determining whether the francophone organization continues to qualify for special funding. 1993, c. 21, s. 15 (1); 2006, c. 19, Sched. A, s. 8 (1).

Party

(2) The francophone organization that is the subject of the review is a party to the review. 1993, c. 21, s. 15 (2).

Submissions

(3) Any person or organization entitled to notice of the review may make submissions in a hearing relating to the francophone organization’s eligibility for special funding. 1993, c. 21, s. 15 (3).

Order on review

16. (1) If the Tribunal determines that the eligible francophone organization does not meet the conditions for special funding, the Tribunal may, by order,

(a) remove the eligibility of the organization; or

(b) require the organization to meet specified conditions within a specified period of time in order to maintain its eligibility. 1993, c. 21, s. 16 (1); 2006, c. 19, Sched. A, s. 8 (6).

Suspension of eligibility

(2) If the Tribunal requires the organization to meet specified conditions, it may suspend the eligibility of the organization until those conditions are met. 1993, c. 21, s. 16 (2); 2006, c. 19, Sched. A, s. 8 (6).

Further order

(3) If an order is made under clause (1) (b) and the organization does not meet the specified conditions within the specified time, the Tribunal may, after holding a hearing under section 15, make a further order under subsection (1). 1993, c. 21, s. 16 (3); 2006, c. 19, Sched. A, s. 8 (1).

Removing eligibility

(4) An order to remove the eligibility of an organization takes effect on the date set out in the order. 1993, c. 21, s. 16 (4).

Application for renewal

17. (1) The eligible francophone organization may apply to the Tribunal for a renewal of its eligibility under this Act if it does so during the period prescribed. 1993, c. 21, s. 17 (1); 2006, c. 19, Sched. A, s. 8 (1).

Preserving status

(2) The eligibility of a francophone organization that applies for a renewal of the eligibility during the prescribed period remains in effect until the Tribunal makes its order pursuant to the application. 1993, c. 21, s. 17 (2); 2006, c. 19, Sched. A, s. 8 (1).

Application for eligibility

(3) If the Tribunal makes an order removing the eligibility of an organization for special funding or if an organization’s eligibility for special funding expires and is not renewed, any francophone organization representing farmers in the province may apply to the Tribunal to receive special funding for the purposes of this Act. 1993, c. 21, s. 17 (3); 2006, c. 19, Sched. A, s. 8 (1).

Notice

(4) The Tribunal shall give written notice of all applications under this section to the Minister and to all of the accredited farm organizations. 1993, c. 21, s. 17 (4); 2006, c. 19, Sched. A, s. 8 (1).

Hearing on application

18. (1) The Tribunal shall hold a hearing before determining whether an organization is to be eligible for special funding or whether an organization’s eligibility is to be renewed. 1993, c. 21, s. 18 (1); 2006, c. 19, Sched. A, s. 8 (1).

Submissions

(2) Any person entitled to notice of an application may make submissions in a hearing relating to the eligibility of a francophone organization. 1993, c. 21, s. 18 (2).

Party

(3) The applicant for funding is a party to the hearing. 1993, c. 21, s. 18 (3).

Order on application

19. (1) If one or more organizations apply for eligibility and the Tribunal determines that only one organization meets the conditions for special funding, the Tribunal shall, by order, declare it to be the organization that is eligible for special funding. 1993, c. 21, s. 19 (1); 2006, c. 19, Sched. A, s. 8 (1).

Several applicants

(2) If more than one organization applies for eligibility and the Tribunal determines that more than one organization meets the conditions for special funding, the Tribunal shall, by order, declare the organization that, in the Tribunal’s opinion, best meets the conditions to be the organization that is eligible for special funding. 1993, c. 21, s. 19 (2); 2006, c. 19, Sched. A, s. 8 (1).

Term of eligibility

(3) The eligibility of a francophone organization is in effect for three years starting at the prescribed time. 1993, c. 21, s. 19 (3).

Organization is accredited

20. (1) If the organization that is eligible for special funding is accredited under this Act, it is no longer eligible for special funding. 1993, c. 21, s. 20 (1).

One accreditation

(2) No other francophone organization is eligible for special funding while an organization referred to in subsection (1) is accredited. 1993, c. 21, s. 20 (2).

Registration

Payment

21. (1) Every person required to file an annual farming business registration form with the Ministry must, when filing the form, provide to the Ministry payment of the prescribed amount payable to an accredited farm organization. 1993, c. 21, s. 21 (1).

Same

(2) The payment to an accredited farm organization must be in the form of a cheque or in another form acceptable to the Ministry. 1993, c. 21, s. 21 (2).

Forwarding payments

(3) The Ministry shall promptly forward the payments to the appropriate organization along with the names, addresses, telephone numbers and registration numbers of those who provided the payments. 1993, c. 21, s. 21 (3).

Registration number

(4) The Ministry, on receiving the annual registration form and the payment, shall assign a registration number, for the year of registration, to the person filing. 1993, c. 21, s. 21 (4).

Revoking registration

(5) If the organization is unable to collect the payment and notifies the Ministry that the payment has not been honoured, the Ministry may revoke the registration number of the person who provided the payment. 1993, c. 21, s. 21 (5).

Restoring registration

(6) After a registration is revoked, if payment is remade that is collected by the organization, the Ministry shall restore the registration number. 1993, c. 21, s. 21 (6).

Refund

(7) A person may apply, within the prescribed time, to the appropriate organization for a refund of the amount paid. 1993, c. 21, s. 21 (7).

Same

(8) Subject to subsection (9), an organization shall promptly refund, to any person applying for the refund, the amount of the payment collected by the organization from the person. 1993, c. 21, s. 21 (8).

Same

(9) A refund shall not be paid to a person who does not have a current registration number. 1993, c. 21, s. 21 (9).

No membership

(10) Payment under this section does not confer membership in the farm organization. 1993, c. 21, s. 21 (10).

Religious objection, individual

22. (1) If an individual carries on a farming business and objects to making payment to a farm organization or filing a farming business registration form because of his or her religious conviction or belief, the individual may apply to the Tribunal for an order that payment or filing be waived. 1993, c. 21, s. 22 (1); 2006, c. 19, Sched. A, s. 8 (1).

Religious objection, corporation

(2) If a corporation carries on a farming business and an individual who is a shareholder or member of the corporation objects to the corporation making payment to a farm organization or filing a farming business registration form because of his or her religious conviction or belief, the corporation may apply to the Tribunal for an order that payment or filing be waived. 1993, c. 21, s. 22 (2); 2006, c. 19, Sched. A, s. 8 (1).

Religious objection, other entity

(3) If an entity other than a corporation carries on a farming business and an individual who is a member of the entity objects to the entity making payment to a farm organization or filing a farming business registration form because of his or her religious conviction or belief, the entity may apply to the Tribunal for an order that payment or filing be waived. 1993, c. 21, s. 22 (3); 2006, c. 19, Sched. A, s. 8 (1).

Parties

(4) The applicant and any accredited farm organization that the Tribunal determines has an interest in the hearing are parties to the hearing. 1993, c. 21, s. 22 (4); 2006, c. 19, Sched. A, s. 8 (1).

Hearing required

(5) The Tribunal shall hold a hearing before making an order in an application under this section if,

(a) a party opposes the application; or

(b) the Tribunal is not satisfied without holding a hearing that the applicant is entitled to the order applied for. 1993, c. 21, s. 22 (5); 2006, c. 19, Sched. A, s. 8 (1).

Order of Tribunal

(6) If the Tribunal is satisfied that an individual referred to in subsection (1), (2) or (3) objects to making payment to a farm organization or filing a farming business registration form because of his or her genuinely held religious conviction or belief, it shall order that payment or filing be waived. 1993, c. 21, s. 22 (6); 2006, c. 19, Sched. A, s. 8 (7).

Non-application of subs. 23 (2)

(7) Subsection 23 (2) does not apply to an individual, corporation or entity for which filing is waived by an order under this section. 1993, c. 21, s. 22 (7).

Current registration

23. (1) A registration number is current until the next annual registration form is required to be filed. 1993, c. 21, s. 23 (1).

Registration required for entitlement

(2) Only a person with a current registration number is entitled to benefit from designated programs of or subsidies from the Ministry. 1993, c. 21, s. 23 (2).

Procedure on Appeal

24., 25. Repealed: 1999, c. 12, Sched. A, s. 12 (3).

Gather information

26. The Tribunal or an employee of the Tribunal at the Tribunal’s request may gather information or inspect documents that it considers necessary and question any person in relation to a matter before it. 1993, c. 21, s. 26; 2006, c. 19, Sched. A, s. 8 (8).

Submissions accepted

27. (1) In any hearing before it, the Tribunal may accept submissions from any person who is not otherwise entitled to make submissions under this Act if it gives the parties an opportunity to respond to those submissions. 1993, c. 21, s. 27 (1); 2006, c. 19, Sched. A, s. 8 (8).

Additional evidence

(2) In any hearing before it, the Tribunal may consider any relevant information obtained by the Tribunal in addition to the evidence given at a hearing if it first informs the parties of the additional information and gives them an opportunity to respond to it. 1993, c. 21, s. 27 (2); 2006, c. 19, Sched. A, s. 8 (8).

28. Repealed: 1999, c. 12, Sched. A, s. 12 (3).

Reconsider orders

29. The Tribunal may reconsider any order it has made and may affirm or replace the order. 1993, c. 21, s. 29; 2006, c. 19, Sched. A, s. 8 (9).

Decision of Tribunal final

30. A decision of the Tribunal is final. 1993, c. 21, s. 30; 2006, c. 19, Sched. A, s. 8 (1).

Notice of orders

31. The Tribunal shall give written notice of any order it makes relating to a farm organization to that organization, to the Minister and to every person who made submissions in the proceeding and asked for notice. 1993, c. 21, s. 31; 2006, c. 19, Sched. A, s. 8 (10).

General

Protection from liability

32. Members and employees of the Tribunal are not liable for any act done or decision or omission made in good faith by them in the performance of their duties or exercise of their powers under this Act. 1993, c. 21, s. 32; 2006, c. 19, Sched. A, s. 8 (1).

Regulations

33. (1) The Lieutenant Governor in Council may make regulations,

1. respecting the manner of determining the annual gross income of a farming business and the period for which it is to apply;

2. prescribing the amount of annual gross income for the purposes of section 2;

3. prescribing the information to be included in a farming business registration form;

4. prescribing anything that the Act requires or authorizes to be prescribed, or refers to as prescribed;

5. prescribing the annual registration period;

6. prescribing purposes for which the Minister may use information under section 3;

7. respecting the question of whether a farm organization offers its services to farming businesses in the French language and serves the socioeconomic and cultural interests of francophone farmers;

8. prescribing the period during which an application must be filed for the purposes of subsections 4 (2) and 17 (1);

9. respecting the criteria to be used for accrediting farm organizations;

10. respecting the time at which accreditation of farm organizations starts for the purposes of subsection 6 (2);

11. prescribing the francophone organization eligible for special funding under section 13 and the time at which that eligibility starts;

12. respecting criteria for eligibility for special funding;

13. prescribing the amount of payment to an accredited farm organization;

14. Repealed: 1999, c. 12, Sched. A, s. 12 (4).

15. defining any word or expression used in this Act that has not already been expressly defined in this Act;

16. prescribing forms and providing for their use;

17. respecting allocation of money to the francophone organization eligible for special funding. 1993, c. 21, s. 33 (1); 1999, c. 12, Sched. A, s. 12 (4).

Same

(2) A regulation under paragraph 1 of subsection (1) may provide that the manner of determining income be based on the calculations required to be made under the Income Tax Act (Canada). 1993, c. 21, s. 33 (2).

34. Repealed: 1999, c. 12, Sched. A, s. 12 (5).

35. Omitted (provides for coming into force of provisions of this Act). 1993, c. 21, s. 35.

36. Omitted (enacts short title of this Act). 1993, c. 21, s. 36.

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