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

Farm Registration and Farm Organizations Funding Act, 1993

S.O. 1993, CHAPTER 21

Historical version for the period April 3, 2019 to May 28, 2019.

Last amendment: 2019, c. 4, Sched. 1, s. 4-11.

Legislative History: 1999, c. 12, Sched. A, s. 12; 2006, c. 19, Sched. A, s. 8; 2019, c. 4, Sched. 1, s. 4-11.

CONTENTS

Definitions

1 In this Act,

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

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “farming business” in section 1 of the Act is repealed and the following substituted: (See: 2019, c. 4, Sched. 1, s. 4 (2))

“farming business” means a business that carries on farming activities and reports income from those activities to the Canada Revenue Agency; (“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).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 1 of the Act is amended by adding the following definitions: (See: 2019, c. 4, Sched. 1, s. 4 (1, 3))

“administrative agreement” means an agreement described in section 31.2; (“accord d’application”)

“delegated legislation” means this Act or the regulations or the provisions of this Act or of the regulations that have been delegated to a Farm Registration Administrator under section 31.1; (“législation déléguée”)

“farming business registration number” means a unique identifying number issued under this Act; (“numéro d’inscription d’entreprise agricole”)

“Farm Registration Administrator” means a corporation that the Minister has designated as a Farm Registration Administrator under subsection 31.1 (1); (“administrateur des inscriptions d’entreprises agricoles”)

“regulation” means a regulation made under this Act; (“règlement”)

Section Amendments with date in force (d/m/y)

1999, c. 12, Sched. A, s. 12 (1) - 22/12/1999

2019, c. 4, Sched. 1, s. 4 (1-3) - not in force

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).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 2 of the Act is repealed and the following substituted: (See: 2019, c. 4, Sched. 1, s. 5)

Farming Business Registration

When farming business required to register

2 (1) A person who carries on a farming business shall register the farming business with the Ministry if the annual gross income from the farming business, as determined in accordance with the regulations, is equal to or greater than the prescribed amount. 2019, c. 4, Sched. 1, s. 5.

Application for registration

(2) A person who is required to register a farming business shall do so by submitting an application for a farming business registration number to the Ministry in accordance with the regulations. 2019, c. 4, Sched. 1, s. 5.

Assignment of farming business registration number

(3) The Ministry shall assign a farming business registration number to a person who has submitted an application under subsection (2) if the person remits to the Ministry the payment required under section 21. 2019, c. 4, Sched. 1, s. 5.

Validity of registration number

(4) A farming business registration number expires at such time as may be determined in accordance with the regulations. 2019, c. 4, Sched. 1, s. 5.

Renewal of registration number

(5) A person who holds a farming business registration number shall apply to renew it at such time as may be determined by regulation. 2019, c. 4, Sched. 1, s. 5.

Section Amendments with date in force (d/m/y)

2019, c. 4, Sched. 1, s. 5 - not in force

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.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 3 of the Act is repealed and the following substituted: (See: 2019, c. 4, Sched. 1, s. 5)

Use of information

3 The Ministry may use the information included in an application for a farming business registration number to develop policies and programs for the advancement of agriculture, food and rural affairs 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. 2019, c. 4, Sched. 1, s. 5.

Section Amendments with date in force (d/m/y)

2019, c. 4, Sched. 1, s. 5 - not in force

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).

Section Amendments with date in force (d/m/y)

2006, c. 19, Sched. A, s. 8 (1) - 22/06/2006

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).

Section Amendments with date in force (d/m/y)

2006, c. 19, Sched. A, s. 8 (2) - 22/06/2006

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).

Section Amendments with date in force (d/m/y)

2006, c. 19, Sched. A, s. 8 (3) - 22/06/2006

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).

Section Amendments with date in force (d/m/y)

2006, c. 19, Sched. A, s. 8 (1) - 22/06/2006

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).

Section Amendments with date in force (d/m/y)

2006, c. 19, Sched. A, s. 8 (1) - 22/06/2006

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).

Section Amendments with date in force (d/m/y)

2006, c. 19, Sched. A, s. 8 (1, 4) - 22/06/2006

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).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 11 (6) of the Act is amended by striking out “organization” and substituting “accredited farm organization”. (See: 2019, c. 4, Sched. 1, s. 6 (1))

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).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 11 (7) of the Act is amended by striking out “accredited organizations” at the end and substituting “accredited farm organizations”. (See: 2019, c. 4, Sched. 1, s. 6 (2))

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).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 11 (8) of the Act is repealed and the following substituted: (See: 2019, c. 4, Sched. 1, s. 6 (3))

Farming business registration number

(8) If a person fails to resubmit a payment that is payable within the time prescribed under subsection (7), the person’s farming business registration number shall expire at the end of that prescribed period despite subsection 2 (4). 2019, c. 4, Sched. 1, s. 6 (3).

Section Amendments with date in force (d/m/y)

2006, c. 19, Sched. A, s. 8 (1, 5) - 22/06/2006

2019, c. 4, Sched. 1, s. 6 (1-3) - not in force

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).

Section Amendments with date in force (d/m/y)

2006, c. 19, Sched. A, s. 8 (1) - 22/06/2006

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).

Section Amendments with date in force (d/m/y)

2006, c. 19, Sched. A, s. 8 (1) - 22/06/2006

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).

Section Amendments with date in force (d/m/y)

2006, c. 19, Sched. A, s. 8 (1, 6) - 22/06/2006

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).

Section Amendments with date in force (d/m/y)

2006, c. 19, Sched. A, s. 8 (1) - 22/06/2006

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).

Section Amendments with date in force (d/m/y)

2006, c. 19, Sched. A, s. 8 (1) - 22/06/2006

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).

Section Amendments with date in force (d/m/y)

2006, c. 19, Sched. A, s. 8 (1) - 22/06/2006

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).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 21 of the Act is repealed and the following substituted: (See: 2019, c. 4, Sched. 1, s. 7)

Payments to Accredited Farm Organizations

Payment

21 (1) Every person who is required to register a farming business with the Ministry under section 2 shall make a payment in the prescribed amount to an accredited farm organization. 2019, c. 4, Sched. 1, s. 7.

Payment remitted to Ministry

(2) A payment required under subsection (1) shall be remitted to the Ministry together with the application for a farming business registration number. 2019, c. 4, Sched. 1, s. 7.

Forwarding payments to organizations

(3) The Ministry shall promptly forward all payments received under subsection (2) to the appropriate accredited farm organization along with the farming business registration numbers assigned to the persons who made the payments and such other information as may be prescribed. 2019, c. 4, Sched. 1, s. 7.

Method of payment

(4) The payment to an accredited farm organization shall be remitted to the Ministry under subsection (1) in such form or manner as may be prescribed. 2019, c. 4, Sched. 1, s. 7.

Administration fee

(5) The Ministry may charge a fee to accredited farm organizations for collecting payments on their behalf and forwarding the payments to the organizations and the fee shall be paid by the organizations in the amount and manner prescribed. 2019, c. 4, Sched. 1, s. 7.

Revoking farming business registration number

(6) The Ministry may revoke a farming business registration number that was assigned to a person under subsection 2 (3) if the payment that was remitted to the Ministry under subsection (2),

(a) was remitted in the form of a cheque that was subsequently returned with an indication that there were not sufficient funds to cover the cheque; or

(b) was remitted in a form other than a cheque and ultimately all or part of the payment was not collected and was not paid to the accredited farm organization. 2019, c. 4, Sched. 1, s. 7.

Reassignment of registration number

(7) If a person’s farming business registration number is revoked under subsection (6), the Ministry may assign another farming business registration number to the person if the person makes the payment that was required under subsection (1) and that payment is received in full by the accredited farm organization. 2019, c. 4, Sched. 1, s. 7.

Refund

(8) Despite subsection (1), any person who makes a payment to an accredited farm organization under this section may apply, within the prescribed time, to the organization for a refund of the payment. 2019, c. 4, Sched. 1, s. 7.

Same

(9) Subject to subsection (10), an accredited farm organization shall promptly refund the amount of the payment made under subsection (1) to any person who applies for the refund within the prescribed time. 2019, c. 4, Sched. 1, s. 7.

Same

(10) A refund shall not be paid to a person who does not have a valid farming business registration number. 2019, c. 4, Sched. 1, s. 7.

No membership

(11) Payment to an accredited farm organization under this section does not confer membership in the organization. 2019, c. 4, Sched. 1, s. 7.

Section Amendments with date in force (d/m/y)

2019, c. 4, Sched. 1, s. 7 - not in force

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).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 22 (1) of the Act is repealed and the following substituted: (See: 2019, c. 4, Sched. 1, s. 8 (1))

Religious objection, individual

(1) If an individual carries on a farming business and objects to registering the farming business or to making payment to an accredited farm organization because of his or her religious conviction or belief, the individual may apply to the Tribunal for an order that the requirement to register the farming business or to make the payment be waived. 2019, c. 4, Sched. 1, 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).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 22 (2) of the Act is repealed and the following substituted: (See: 2019, c. 4, Sched. 1, 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 registering the farming business or making payment to an accredited farm organization because of his or her religious conviction or belief, the corporation may apply to the Tribunal for an order that the requirement to register the farming business or to make the payment be waived. 2019, c. 4, Sched. 1, 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).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 22 (3) of the Act is repealed and the following substituted: (See: 2019, c. 4, Sched. 1, 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 registering the farming business or making payment to an accredited farm organization because of his or her religious conviction or belief, the entity may apply to the Tribunal for an order that the requirement to register the farming business or to make the payment be waived. 2019, c. 4, Sched. 1, 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).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 22 (6) of the Act is repealed and the following substituted: (See: 2019, c. 4, Sched. 1, s. 8 (2))

Order of Tribunal

(6) If the Tribunal is satisfied that an individual referred to in subsection (1), (2) or (3) objects to registering a farming business or making payment to an accredited farm organization because of his or her sincerely held religious conviction or belief, it shall order that the requirement to register the farming business or to make the payment be waived. 2019, c. 4, Sched. 1, s. 8 (2).

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).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 22 (7) of the Act is repealed. (See: 2019, c. 4, Sched. 1, s. 8 (2))

Section Amendments with date in force (d/m/y)

2006, c. 19, Sched. A, s. 8 (1, 7) - 22/06/2006

2019, c. 4, Sched. 1, s. 8 (1, 2) - not in force

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).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 23 of the Act is repealed. (See: 2019, c. 4, Sched. 1, s. 9)

Section Amendments with date in force (d/m/y)

2019, c. 4, Sched. 1, s. 9 - not in force

Procedure on Appeal

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

Section Amendments with date in force (d/m/y)

1999, c. 12, Sched. A, s. 12 (2, 3) - 22/12/1999

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

Section Amendments with date in force (d/m/y)

1999, c. 12, Sched. A, s. 12 (3) - 22/12/1999

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).

Section Amendments with date in force (d/m/y)

2006, c. 19, Sched. A, s. 8 (8) - 22/06/2006

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).

Section Amendments with date in force (d/m/y)

2006, c. 19, Sched. A, s. 8 (8) - 22/06/2006

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

Section Amendments with date in force (d/m/y)

1999, c. 12, Sched. A, s. 12 (3) - 22/12/1999

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).

Section Amendments with date in force (d/m/y)

2006, c. 19, Sched. A, s. 8 (9) - 22/06/2006

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).

Section Amendments with date in force (d/m/y)

2006, c. 19, Sched. A, s. 8 (1) - 22/06/2006

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).

Section Amendments with date in force (d/m/y)

2006, c. 19, Sched. A, s. 8 (10) - 22/06/2006

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following sections: (See: 2019, c. 4, Sched. 1, s. 10)

Delegation of Administrative Authority

Delegation

31.1 (1) The Minister may, by regulation,

(a) designate a corporation as a Farm Registration Administrator for the purposes of this Act; and

(b) delegate responsibility for the administration of specified provisions of this Act or of a regulation made under subsection 33 (2), or both, to the Farm Registration Administrator. 2019, c. 4, Sched. 1, s. 10.

Farm Registration Administrator

(2) A corporation may be designated as a Farm Registration Administrator only if it meets the following conditions:

1. It is a not-for-profit corporation without share capital.

2. It is incorporated under the laws of Ontario or Canada.

3. It carries on business in Ontario.

4. Any prescribed conditions. 2019, c. 4, Sched. 1, s. 10.

Previous administration

(3) Nothing in a delegation of legislation under subsection (1) invalidates anything that was done by the Minister, the Ministry or AgriCorp to administer this Act or the regulations before the delegation. 2019, c. 4, Sched. 1, s. 10.

Person bound

(4) Delegated legislation binds all persons whom it would bind if it had not been delegated. 2019, c. 4, Sched. 1, s. 10.

Regulation

(5) A regulation under this section may,

(a) prescribe any conditions or limitations that apply to the designation of a Farm Registration Administrator and to the delegation of responsibility for the administration of specified provisions of this Act and the regulations;

(b) limit the provisions of this Act and of the regulations made under subsection 33 (2) that may be the subject of a delegation;

(c) prescribe conditions for the purposes of paragraph 4 of subsection (2). 2019, c. 4, Sched. 1, s. 10.

Exceptions, regulations

(6) A regulation delegating responsibility for the administration of specified provisions of this Act under subsection (1) shall not delegate the power to make regulations under this Act. 2019, c. 4, Sched. 1, s. 10.

Section Amendments with date in force (d/m/y)

2019, c. 4, Sched. 1, s. 10 - not in force

Administrative agreement required

31.2 (1) A regulation shall not be made under subsection 31.1 (1) designating a Farm Registration Administrator unless the Minister has entered into an administrative agreement with the prospective designate with respect to the delegated legislation. 2019, c. 4, Sched. 1, s. 10.

Content of agreement

(2) The administrative agreement shall include all matters that the Minister considers necessary to the efficient and effective delegation of the administration of the delegated legislation to the Farm Registration Administrator, including,

(a) the financial terms of the designation;

(b) any requirements relating to the governance of the Farm Registration Administrator;

(c) the right, if any, of the Farm Registration Administrator to purchase, use or otherwise have access to government assets, including information, records or intellectual property;

(d) a description of any liability the Farm Registration Administrator may incur as a result of exercising its responsibilities administering the delegated legislation; and

(e) a requirement that the Farm Registration Administrator maintain adequate insurance against liability arising out of carrying out the administration of the delegated legislation. 2019, c. 4, Sched. 1, s. 10.

Minister’s terms

(3) On giving the notice to the Farm Registration Administrator that the Minister considers reasonable in the circumstances, the Minister may amend or insert a term in the administrative agreement or delete a term from it if,

(a) the term relates to the administration or enforcement of the delegated legislation; and

(b) the Minister considers it advisable to do so. 2019, c. 4, Sched. 1, s. 10.

Section Amendments with date in force (d/m/y)

2019, c. 4, Sched. 1, s. 10 - not in force

Review

31.3 (1) The Minister may require that reviews of a Farm Registration Administrator, of its operations, or of both, including, without limitation, performance, governance, accountability and financial reviews, be carried out,

(a) by or on behalf of the Farm Registration Administrator; or

(b) by a person or entity specified by the Minister. 2019, c. 4, Sched. 1, s. 10.

Access to records

(2) If a review is carried out by a person or entity specified by the Minister, the Farm Registration Administrator shall give the person or entity specified by the Minister and the employees of the person or entity access to all records and other information required to conduct the review. 2019, c. 4, Sched. 1, s. 10.

Section Amendments with date in force (d/m/y)

2019, c. 4, Sched. 1, s. 10 - not in force

Revocation of designation

31.4 (1) Subject to subsection (2), the Minister may, by regulation, revoke the designation of a corporation as a Farm Registration Administrator if,

(a) the Farm Registration Administrator has failed to comply with this Act, the delegated legislation or the administrative agreement and has not remedied the failure within the time period described in subsection (3); or

(b) the Minister considers it advisable to do so. 2019, c. 4, Sched. 1, s. 10.

Notice

(2) The Minister shall give a Farm Registration Administrator such notice as he or she considers reasonable of his or her intention to revoke the Farm Registration Administrator’s designation. 2019, c. 4, Sched. 1, s. 10.

Opportunity to remedy

(3) If a Farm Registration Administrator fails to comply with this Act, the delegated legislation or the administrative agreement, the Minister shall allow the Farm Registration Administrator the opportunity of remedying its failure within the time period that the Minister considers reasonable in the circumstances. 2019, c. 4, Sched. 1, s. 10.

Voluntary revocation

(4) A Farm Registration Administrator may request that the Minister revoke its designation and in that case the Minister shall, by regulation, revoke the designation on the terms that the Minister considers advisable. 2019, c. 4, Sched. 1, s. 10.

Non-application of Act

(5) The Statutory Powers Procedure Act does not apply to the exercise by the Minister of a right under this section to revoke the designation of a corporation as a Farm Registration Administrator or to revoke the delegation of specified legislative provisions. 2019, c. 4, Sched. 1, s. 10.

Section Amendments with date in force (d/m/y)

2019, c. 4, Sched. 1, s. 10 - not in force

Duties of Farm Registration Administrator

31.5 (1) A Farm Registration Administrator shall carry out the administration of all delegated legislation and shall do so in accordance with the law, this Act and the administrative agreement, having regard to the intent and purpose of this Act. 2019, c. 4, Sched. 1, s. 10.

Services in French

(2) The French Language Services Act applies to a Farm Registration Administrator as though it were a government agency under that Act. 2019, c. 4, Sched. 1, s. 10.

Services to persons with disabilities

(3) The Accessibility for Ontarians with Disabilities Act, 2005 applies to a Farm Registration Administrator as though it were an organization providing services for the purposes of that Act. 2019, c. 4, Sched. 1, s. 10.

Reports

(4) Within one year of the effective date of its designation as Farm Registration Administrator and annually thereafter, a Farm Registration Administrator shall report to the Minister on its activities, financial affairs in respect of the administration of this Act and any other matters the Minister may request. 2019, c. 4, Sched. 1, s. 10.

Same

(5) The reports required under subsection (4) shall be in a form acceptable to the Minister. 2019, c. 4, Sched. 1, s. 10.

Section Amendments with date in force (d/m/y)

2019, c. 4, Sched. 1, s. 10 - not in force

Employees

31.6 (1) Subject to the administrative agreement, a Farm Registration Administrator may employ or retain the services of any qualified person to carry out any power or duty relating to the administration of the delegated legislation. 2019, c. 4, Sched. 1, s. 10.

No Crown employment

(2) Persons who are employed or whose services are retained under subsection (1) are not employees of the Crown and shall not hold themselves out as such. 2019, c. 4, Sched. 1, s. 10.

Section Amendments with date in force (d/m/y)

2019, c. 4, Sched. 1, s. 10 - not in force

No Crown agent

31.7 (1) A Farm Registration Administrator is not a Crown agency for the purposes of the Crown Agency Act and shall not hold itself out as such. 2019, c. 4, Sched. 1, s. 10.

Same, officers, etc.

(2) The members, officers, directors, employees and agents of a Farm Registration Administrator, together with the persons whose services the Farm Registration Administrator retains, are not agents of the Crown and shall not hold themselves out as such. 2019, c. 4, Sched. 1, s. 10.

Section Amendments with date in force (d/m/y)

2019, c. 4, Sched. 1, s. 10 - not in force

No personal liability, Crown employee

31.8 (1) No action or other proceeding shall be instituted against an employee of the Crown for an act done in good faith in the execution or intended execution of a duty or service under delegated legislation, or for an alleged neglect or default in the execution in good faith of the duty or service. 2019, c. 4, Sched. 1, s. 10.

Tort by Crown employee

(2) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of liability in respect of a tort committed by an employee of the Crown to which it would otherwise be subject. 2019, c. 4, Sched. 1, s. 10.

Section Amendments with date in force (d/m/y)

2019, c. 4, Sched. 1, s. 10 - not in force

No Crown liability

31.9 No action or other proceeding for damages shall be instituted against the Crown for damages that a person suffers as a result of any act or omission taken or made in the administration of delegated legislation by a person who is not an employee or agent of the Crown. 2019, c. 4, Sched. 1, s. 10.

Section Amendments with date in force (d/m/y)

2019, c. 4, Sched. 1, s. 10 - not in force

Indemnification

31.10 A Farm Registration Administrator shall indemnify the Crown, in accordance with the administrative agreement, in respect of damages and costs incurred by the Crown for any act or omission of the Farm Registration Administrator or its members, officers, directors, employees or agents,

(a) in carrying out the administration of its delegated legislation; or

(b) in the execution or intended execution of its powers and duties under this Act, the delegated legislation and the administrative agreement. 2019, c. 4, Sched. 1, s. 10.

Section Amendments with date in force (d/m/y)

2019, c. 4, Sched. 1, s. 10 - not in force

No personal liability, board members and others

31.11 (1) No action or other proceeding shall be instituted against a person mentioned in subsection (2) for an act done in good faith in the execution or intended execution of a power or duty under delegated legislation, or for an alleged neglect or default in the execution in good faith of that power or duty. 2019, c. 4, Sched. 1, s. 10.

Same

(2) Subsection (1) applies to,

(a) members of the board of directors of a Farm Registration Administrator; and

(b) persons who perform functions under delegated legislation as members, employees, agents or officers of the Farm Registration Administrator or as persons whose services it retains. 2019, c. 4, Sched. 1, s. 10.

Liability of Farm Registration Administrator

(3) Subsection (1) does not relieve a Farm Registration Administrator of liability to which it would otherwise be subject in respect of a tort committed by one of its members, employees, agents or officers. 2019, c. 4, Sched. 1, s. 10.

Section Amendments with date in force (d/m/y)

2019, c. 4, Sched. 1, s. 10 - not in force

Audit

31.12 (1) The Auditor General appointed under the Auditor General Act may conduct an audit of a Farm Registration Administrator, other than an audit required under the Corporations Act. 2019, c. 4, Sched. 1, s. 10.

Access to records and information

(2) When the Auditor General conducts an audit under subsection (1), the Farm Registration Administrator shall give the Auditor General and employees of the Auditor General access to all records and other information required to conduct the audit. 2019, c. 4, Sched. 1, s. 10.

Section Amendments with date in force (d/m/y)

2019, c. 4, Sched. 1, s. 10 - not in force

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).

Section Amendments with date in force (d/m/y)

2006, c. 19, Sched. A, s. 8 (1) - 22/06/2006

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).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 33 of the Act is repealed and the following substituted: (See: 2019, c. 4, Sched. 1, s. 11)

Regulations, Lieutenant Governor in Council

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

(a) prescribing the amount of annual gross income for the purposes of section 2 and respecting the manner of determining the annual gross income and the period for which it is to apply;

(b) 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;

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

(d) respecting the criteria to be used for accrediting farm organizations;

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

(f) prescribing the francophone organization eligible for special funding under section 13 and the time at which that eligibility starts;

(g) respecting criteria for eligibility for special funding;

(h) defining any word or expression used in this Act that has not already been expressly defined in this Act;

(i) respecting allocation of money to the francophone organization eligible for special funding;

(j) respecting any matter advisable to carry out effectively the intent and purpose of the regulations made under this subsection. 2019, c. 4, Sched. 1, s. 11.

Regulations, Minister

(2) The Minister may make regulations,

(a) governing applications for farming business registration numbers, including the form and manner of such applications and the time at which they must be made;

(b) prescribing circumstances in which applications may be made at different times and prescribing those times;

(c) requiring persons to pay a penalty for failing to submit an application for a farming business registration number at the required time;

(d) exempting persons from the requirement of having to register a farming business under section 2 for a specified period of time, specifying the period of time and prescribing the reasons for the exemption;

(e) governing the validity of farming business registration numbers, including their expiry and renewal;

(f) prescribing purposes for which the Ministry may use information included in applications for farming business registration numbers;

(g) respecting payments made to an accredited farm organization under section 21, including the refund of such payments and prescribing the amount of the payments and the manner in which the payments must be made;

(h) governing fees that may be charged to accredited farm organizations under subsection 21 (5), including the amount of fees and the manner in which they must be paid and the time at which they must be paid;

(i) respecting anything that this Act requires or authorizes to be prescribed, or to be done in accordance with the regulations, specified in the regulations or determined by the regulations, unless the matter is referred to in subsection (1);

(j) respecting any matter advisable to carry out effectively the intent and purpose of the regulations made under this subsection. 2019, c. 4, Sched. 1, s. 11.

Same

(3) A regulation made under clause (1) (a) may provide that the manner of determining annual gross income be based on the calculations required to be made under the Income Tax Act (Canada). 2019, c. 4, Sched. 1, s. 11.

Same

(4) A regulation made under clause (2) (a) may require different classes of persons to apply for a farming business registration number at different times. 2019, c. 4, Sched. 1, s. 11.

Application

(5) A regulation may be general or particular in its application. 2019, c. 4, Sched. 1, s. 11.

Section Amendments with date in force (d/m/y)

1999, c. 12, Sched. A, s. 12 (4) - 22/12/1999

2019, c. 4, Sched. 1, s. 11 - not in force

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

Section Amendments with date in force (d/m/y)

1999, c. 12, Sched. A, s. 12 (5) - 22/12/1999

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.

______________