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

• Jurisdiction: Ontario

Farm Registration and Farm Organizations Funding Act, 1993

S.O. 1993, CHAPTER 21

Consolidation Period: From December 4, 2023 to the e-Laws currency date.

Last amendment: 2020, c. 18, Sched. 7.

CONTENTS

Definitions, Appointment of Director

Definitions

1 In this Act,

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

“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”)

“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”)

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

“Tribunal” means the 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); 2019, c. 4, Sched. 1, s. 4.

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) - 01/01/2021

Appointment of Director

1.1 (1) The Minister shall appoint a Director for the purposes of this Act unless,

(a) the administration of the provisions of this Act and the regulations that refer to the Director have been delegated to a Farm Registration Administrator; or

(b) the Minister has designated a Crown agency under section 31.13. 2019, c. 14, Sched. 3, s. 22.

Same

(2) If the administration of any provisions of this Act and the regulations are delegated to a Farm Registration Administrator, the Farm Registration Administrator shall appoint a Director from among its employees to perform any duty or exercise any power under those provisions. 2019, c. 14, Sched. 3, s. 22.

Same

(3) If the Minister designates a Crown agency under section 31.13, the Crown agency shall appoint a Director from among its employees for the purposes of this Act. 2019, c. 14, Sched. 3, s. 22.

Same

(4) An appointment made under this section may be subject to such conditions as the person making the appointment considers necessary. 2019, c. 14, Sched. 3, s. 22.

References to Director

(5) For the purposes of this Act, a reference to the Director in a provision is a reference to the Director appointed by the Minister, by a Farm Registration Administrator or by the Crown agency designated under section 31.13, as determined in accordance with the following rules:

1. If a Farm Registration Administrator has been delegated responsibility for the administration of the provision, the reference is to the Director appointed by the Farm Registration Administrator for the purposes of that provision.

2. Absent any delegation of the administration of the provision to the Farm Registration Administrator, the reference is to,

i. the Director appointed by the Crown agency designated under section 31.13, or

ii. if no Crown agency has been designated under that section, the Director appointed by the Minister. 2019, c. 14, Sched. 3, s. 22.

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

2019, c. 14, Sched. 3, s. 22 - 01/01/2021

Farming Business Registration Numbers

Requirement to obtain farming business registration number

2 (1) A person who carries on a farming business shall obtain a farming business registration number from the Director in accordance with the regulations 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. 14, Sched. 3, s. 23.

Obtaining a farming business registration number

(2) A person who is required to obtain a farming business registration number shall do so in accordance with the regulations. 2019, c. 14, Sched. 3, s. 23.

Assignment of registration number

(3) The Director shall assign farming business registration numbers in accordance with the regulations. 2019, c. 14, Sched. 3, s. 23.

Validity of registration number

(4) A farming business registration number expires at such time as set out in or determined in accordance with the regulations. 2019, c. 14, Sched. 3, s. 23.

Renewal of registration number

(5) A person who holds a farming business registration number shall renew it in accordance with the regulations at such time as may be determined by regulations. 2019, c. 14, Sched. 3, s. 23.

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

2019, c. 4, Sched. 1, s. 5 - no effect - see 2023, c. 20, Sched. 7, s. 1 - 04/12/2023; 2019, c. 14, Sched. 3, s. 23 - 01/01/2021

Appeal to Tribunal

2.1 (1) A person who has been denied a farming business registration number may appeal to the Tribunal by providing written notice to the Tribunal and the Director within 30 days after receiving notice of the Director’s decision respecting the denial. 2020, c. 18, Sched. 7, s. 1.

Extension of time

(2) The Tribunal may extend the time for providing the notice of appeal, either before or after the expiry of that time, if it is satisfied that there are apparent grounds for appeal and that there are reasonable grounds for applying for the extension. 2020, c. 18, Sched. 7, s. 1.

Record

(3) As soon as reasonably possible in the circumstances after receiving notice of the appeal, the Director shall provide the Tribunal with a copy of,

(a) all materials the appellant provided when making the request for a farming business registration number; and

(b) the Director’s decision to deny the farming business registration number. 2020, c. 18, Sched. 7, s. 1.

Parties

(4) The parties to an appeal under this section are the appellant and the Director. 2020, c. 18, Sched. 7, s. 1.

Powers of Tribunal

(5) The Tribunal shall review the Director’s determination and,

(a) if the Tribunal finds that the Director’s determination was reasonable, it shall confirm the decision; and

(b) if the Tribunal finds that the Director’s determination was not reasonable, it shall alter the Director’s decision or direct the Director to do any act that the Director is authorized to do under this Act and that the Tribunal considers proper. 2020, c. 18, Sched. 7, s. 1.

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

2020, c. 18, Sched. 7, s. 1 - 01/01/2021

Use of information

3 The Ministry may use the information obtained under this Act 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. 14, Sched. 3, s. 23.

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

2019, c. 4, Sched. 1, s. 5 - no effect - see 2023, c. 20, Sched. 7, s. 1 - 04/12/2023; 2019, c. 14, Sched. 3, s. 23 - 01/01/2021

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).

(2), (3) Repealed: 2019, c. 14, Sched. 3, s. 24 (1).

Notice

(4) The Tribunal shall give written notice of all applications under this section to any prescribed persons. 2019, c. 14, Sched. 3, s. 24 (2).

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

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

2019, c. 14, Sched. 3, s. 24 (1, 2) - 01/01/2021

Hearing on application

5 (1) The Tribunal shall hold a hearing before determining whether an organization is to be accredited. 1993, c. 21, s. 5 (1); 2006, c. 19, Sched. A, s. 8 (2); 2019, c. 14, Sched. 3, s. 25 (1).

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 is a party to the hearing. 1993, c. 21, s. 5 (3); 2019, c. 14, Sched. 3, s. 25 (2).

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

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

2019, c. 14, Sched. 3, s. 25 (1, 2) - 01/01/2021

Order on application

6 (1) If the Tribunal determines that the organization applying for accreditation meets the prescribed criteria for accredited farm organizations, the Tribunal shall, by order, accredit the organization and, if the Tribunal determines that the organization applying for accreditation 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); 2019, c. 14, Sched. 3, s. 26 (1).

Term of accreditation

(2) The accreditation of a farm organization is in effect for the prescribed period. 1993, c. 21, s. 6 (2); 2019, c. 14, Sched. 3, s. 26 (2).

Service

(3) The Tribunal shall serve a copy of the order or decision made under this section on the organization applying for accreditation and any prescribed person. 2019, c. 14, Sched. 3, s. 26 (3).

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

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

2019, c. 14, Sched. 3, s. 26 (1-3) - 01/01/2021

Renewal

7 (1) Any accredited farm organization may apply to the Tribunal for a renewal of its accreditation if it does so during the prescribed period. 2019, c. 14, Sched. 3, s. 27.

Preserving status

(2) The...