Growing Agritourism Act, 2024

Bills that amended this Act0

No published amendment links yet for this Act.

Sections6

• 1Definitions

  1 In this Act, “agricultural operation” has the same meaning as in the Farming and Food Production Protection Act, 1998; (“exploitation agricole”) “agritourism activity” means an agriculture related educational, entertainment, historical, cultural, limited accommodations or recreational activity, including you-pick operations or farm markets, conducted on a farm that allows or invites members of the general public to observe, participate in or enjoy that activity; (“activité agrotouristique”) “agritourism provider” means a person who owns, operates, provides or sponsors an agritourism activity, whether or not for a fee, or an employee of such a person who engages in or provides agritourism activities; (“fournisseur agrotouristique”) “farming business” has the same meaning as in the Farm Registration and Farm Organizations Funding Act, 1993; (“entreprise agricole”) “participant” means an …

• 2Application

  2 (1) This Act applies in respect of agritourism activities that are carried out as part of a farming business that had, subject to subsection (2), an annual gross income of $7,000 or more in the year before the agritourism activities are carried out. Same (2) Income from agritourism activities shall not be included for the purpose of determining gross annual income for the purpose of subsection (1).

• 3Limitation on liability

  3 (1) No cause of action arises against an agritourism provider for any harm a participant sustains during an agritourism activity if the participant is harmed as a result of a risk inherent in an agritourism activity and nothing in this section requires an agritourism provider to eliminate risks inherent in an agritourism activity. Same (2) Subsection (1) does not apply unless the agritourism provider, (a) posts a sign bearing the wording set out in section 4 in black letters not less than three centimetres in height on a white background in a clearly visible location at or near the main entrance to each agritourism activity; or (b) includes the wording set out in section 4 in a written contract entered into between the agritourism provider and the participant in respect of the agritourism activity. Exceptions (3) Subsection (1) does not relieve the agritourism provider of liability in …

• 4Warning language

  4 The wording referred to in subsection 3 (2) is the following: 1. WARNING: under Ontario law, an agritourism provider is not liable for the death or injury or illness of a participant in an agritourism activity conducted at this agritourism location if that injury or death or illness results from the inherent risks of that agritourism activity. Inherent risks of agritourism activities include, but are not limited to, the risk of injury inherent to land, equipment and animals as well as the potential for you as a participant to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this agritourism activity.

• 5

  5 Omitted (provides for coming into force of provisions of this Act).

• 6

  6 Omitted (enacts short title of this Act). ______________