Farm Registration and Farm Organizations Funding Act, 1993

Bills that amended this Act0

No published amendment links yet for this Act.

Sections169

• [s0]

  Definitions, Appointment of Director

• 1.
• [s1]
• 1Definitions

  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…

• 1.1Appointment 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 sect…

• 2.
• [s3]

  Farming Business Registration Numbers

• 3.
• [s4]
• 2Requirement 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…

• 2 #4When farming business required to register
• [s5]
• 2.1Appeal 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 b…

• 4.
• 2 #6When farming business required to register
• 3Use 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

• 3 #6Use of information
• 5.
• [s7]

  Accredited Farm Organizations

• 6.
• 2 #8Requirement to obtain farming business registration number
• 4Application 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

• 7.
• 3 #9Use of information
• 5Hearing 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

• 8.
• [s10]
• 3 #10Use of information
• 6Order 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/…

• 9.
• 10.
• 3 #11Use of information
• 7Renewal

  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 accreditation of an accredited farm organization that applies for a renewal of the accreditation during the prescribed period remains in effect until the Tribunal makes its order or decision pursuant to the application. 2019, c. 14, Sched. 3, s. 27. Notice (3) The Tribunal shall give written notice of all renewal applications under this section to any prescribed persons. 2019, c. 14, Sched. 3, s. 27. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 3, s. 27 - 01/01/2021

• [s12]
• 11.
• 3 #12Use of information
• 7.1Hearing on application

  7.1 (1) The Tribunal shall hold a hearing before determining whether an accredited farm organization’s accreditation is to be renewed. 2019, c. 14, Sched. 3, s. 27. Submissions (2) Any person or organization entitled to notice of a renewal application may make submissions in a hearing relating to whether the organization’s accreditation is to be renewed. 2019, c. 14, Sched. 3, s. 27. Party (3) The accredited farm organization seeking a renewal of its accreditation is a party to the hearing. 2019, c. 14, Sched. 3, s. 27. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 3, s. 27 - 01/01/2021

• [s13]
• 7.2Order on application

  7.2 (1) If the Tribunal determines that the organization meets the prescribed criteria for an accredited farm organization, the Tribunal shall, by order, renew its accreditation. 2019, c. 14, Sched. 3, s. 27. Term of accreditation (2) The accreditation of a farm organization, as renewed by the Tribunal, is in effect for the prescribed period. 2019, c. 14, Sched. 3, s. 27. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 3, s. 27 - 01/01/2021

• 12.
• 7.3Order on application for renewal of accreditation

  7.3 (1) If the Tribunal determines that an organization no longer meets the prescribed criteria for an accredited farm organization, the Tribunal may, (a) refuse to renew the organization’s accreditation; or (b) issue, by order, a provisional accreditation and require the organization to meet specified conditions within a specified period of time in order to have its accreditation renewed. 2019, c. 14, Sched. 3, s. 27. Same (2) The Tribunal may provide that an organization that has been issued a provisional accreditation is not entitled to be forwarded payments under subsection 21 (3). 2019, c. 14, Sched. 3, s. 27. Further hearing (3) If an organization that has been issued a provisional accreditation does not meet the specified conditions within the specified period of time, the Tribunal may, after holding a hearing under section 7.1, make a further order under subsection (1). 2019, c. …

• 13.
• 8Tribunal 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). (3) Repealed: 2019, c. 14, Sched. 3, s. 28. 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. 28 - 01/01/2021

• [s16]
• 14.
• 9Hearing 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

• 10Order 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). Same (2) The Tribunal may provide that an accredited farm organization that is required to meet specified conditions within a specified period of time is not entitled to be forwarded payments under subsection 21 (3) until the Tribunal issues an order finding that the accredited farm organization has met the conditions within the period of time. 2019, c. 14, Sched. 3, s. 29 (1). Further hearing (3) If an order is made under clause (1) (b) and the organization does not meet the …

• 15.
• 7 #17Renewal
• 11Relinquishing 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 Director, the organization that made the application and any prescribed person. 1993, c. 21, s. 11 (4); 2006, c. 19, Sched. A, s. 8 (1); 2019, c. 14, Sched. 3, s. 30 (1). Effective date (5) An order to remove the accreditation takes effect on the date set out i…

• 16.
• 7 #18Renewal
• [s19]

  Eligible Francophone Organization

• 17.
• 12Francophone organization

  12 (1) One francophone organization representing farmers in the Province may be eligible to receive special funding under this Act if it, (a) serves the socioeconomic and cultural interests of francophone farmers; (b) provides services to farming businesses in the French language; and (c) meets the prescribed criteria for eligibility. 2019, c. 14, Sched. 3, s. 31. Application for special funding (2) A francophone organization wishing to receive special funding shall apply to the Tribunal. 2019, c. 14, Sched. 3, s. 31. Notice (3) The Tribunal shall give written notice of all applications under this section to any prescribed persons. 2019, c. 14, Sched. 3, s. 31. No application (4) Despite subsection (2), the Tribunal shall not accept any applications under this section if there is a francophone organization receiving special funding at the time of the application. 2019, c. 14, Sched. 3, s…

• 18.
• 13Hearing on application

  13 (1) The Tribunal shall hold a hearing before determining whether the applicant francophone organization should receive special funding. 2019, c. 14, Sched. 3, s. 31. Submissions (2) A person or organization entitled to notice of an application may make submissions in a hearing relating to whether the francophone organization is eligible to receive special funding and its ability to meet any criteria prescribed for the purposes of clause 12 (1) (c). 2019, c. 14, Sched. 3, s. 31. Party (3) The francophone organization seeking to receive special funding is a party to the hearing. 2019, c. 14, Sched. 3, s. 31. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 3, s. 31 - 01/01/2021

• 19.
• [s22]
• 14Order on application

  14 (1) If more than one organization applies for special funding and the Tribunal determines that only one organization meets the conditions for eligibility set out in subsection 12 (1), the Tribunal shall, by order, declare it to be the organization to receive special funding. 2019, c. 14, Sched. 3, s. 31. Several applicants (2) If more than one organization applies for special funding and the Tribunal determines that more than one organization meets the conditions for eligibility set out in subsection 12 (1), the Tribunal shall, by order, declare the organization that, in the Tribunal’s opinion, best meets any criteria prescribed for the purposes of clause 12 (1) (c) as the organization to receive special funding. 2019, c. 14, Sched. 3, s. 31. Service (3) The Tribunal shall serve a copy of any order or decision made under this section on all francophone organizations applying to receiv…

• 20.
• [s23]
• 15Organization is accredited

  15 (1) If the francophone organization receiving special funding is accredited under this Act, it shall no longer receive special funding. 2019, c. 14, Sched. 3, s. 31. One accreditation (2) No other francophone organization shall receive special funding while the francophone organization referred to in subsection (1) is accredited. 2019, c. 14, Sched. 3, s. 31. 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. 31 - 01/01/2021

• 16Renewal

  16 (1) The francophone organization receiving special funding may apply to the Tribunal to continue to receive special funding if it does so during the prescribed period. 2019, c. 14, Sched. 3, s. 31. Preserving status (2) If the francophone organization applies to continue to receive special funding during the prescribed period, despite subsection 14 (4), the organization continues to receive special funding until the Tribunal makes a decision in respect of the application. 2019, c. 14, Sched. 3, s. 31. Notice (3) The Tribunal shall give notice of all applications under this section to any prescribed persons. 2019, c. 14, Sched. 3, s. 31. Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. A, s. 8 (1, 6) - 22/06/2006 2019, c. 14, Sched. 3, s. 31 - 01/01/2021

• 21.
• [s25]
• 17Hearing of application

  17 (1) The Tribunal shall hold a hearing before determining whether the francophone organization continues to be eligible to receive special funding. 2019, c. 14, Sched. 3, s. 31. Submissions (2) Any person or organization entitled to notice of the application may make submissions in a hearing relating to whether the francophone organization is still eligible to receive special funding. 2019, c. 14, Sched. 3, s. 31. Party (3) The francophone organization seeking to continue receiving special funding is a party to the hearing. 2019, c. 14, Sched. 3, s. 31. 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. 31 - 01/01/2021

• 22.
• [s26]
• 17.1Continued eligibility to receive special funding

  17.1 (1) If the Tribunal determines that the francophone organization continues to meet the conditions for eligibility set out in subsection 12 (1), the Tribunal shall, by order, declare that it continues to be eligible for special funding. 2020, c. 18, Sched. 7, s. 2. Term of eligibility (2) The francophone organization shall receive special funding under this section for the prescribed period of time. 2020, c. 18, Sched. 7, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 7, s. 2 - 01/01/2021

• 23.
• [s27]
• 18Order on application for renewal of eligibility to receive special funding

  18 (1) If the Tribunal determines that the francophone organization no longer meets the conditions for eligibility set out in subsection 12 (1), the Tribunal may, by order, (a) declare the francophone organization ineligible to receive special funding; or (b) provide that the francophone organization may continue to receive special funding if it meets specified conditions within a specified period of time. 2019, c. 14, Sched. 3, s. 31. Provisional renewal of eligibility to receive special funding (2) In making an order under clause (1) (b), the Tribunal may provide that the francophone organization is not to receive special funding until it meets the specified conditions within the specified period of time. 2019, c. 14, Sched. 3, s. 31. Further hearing (3) If an order is made under clause (1) (b) and the francophone organization does not meet the specified conditions within the specified…

• [s28]
• 12 #28Francophone organization
• 19Review of eligibility

  19 (1) If a panel of at least three members of the Tribunal believes that the francophone organization is no longer eligible for special funding, the chair may start a review of the organization’s eligibility to receive special funding. 2019, c. 14, Sched. 3, s. 31. Notice (2) The Tribunal shall give written notice of any review under this section to the francophone organization and to any prescribed person. 2019, c. 14, Sched. 3, s. 31. 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. 31 - 01/01/2021

• 24.
• 12 #29Francophone organization
• 20Hearing on review

  20 (1) If a review is started pursuant to section 19, the Tribunal shall hold a hearing before determining whether the francophone organization continues to be eligible to receive special funding. 2019, c. 14, Sched. 3, s. 31. Party (2) The francophone organization is a party to the hearing. 2019, c. 14, Sched. 3, s. 31. Submissions (3) Any person or organization entitled to notice of the review may make submissions in a hearing relating to whether the francophone organization is still eligible to receive special funding. 2019, c. 14, Sched. 3, s. 31. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 3, s. 31 - 01/01/2021

• 21 #29Payment
• 26.
• 13 #30Hearing on application
• 20.1Order respecting continued eligibility of francophone organization

  20.1 If the Tribunal determines that the francophone organization no longer meets the conditions for eligibility set out in subsection 12 (1), the Tribunal may make an order referred to subsection 18 (1) and section 18 applies, with necessary modifications, in respect of the order. 2019, c. 14, Sched. 3, s. 31. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 3, s. 31 - 01/01/2021

• 27.
• 13 #31Hearing on application
• 20.2Relinquishing eligibility to receive special funding

  20.2 (1) A francophone organization may apply to the Tribunal to no longer receive special funding. 2019, c. 14, Sched. 3, s. 31. Notice (2) The Tribunal shall give any prescribed persons written notice of every application that it receives under this section. 2019, c. 14, Sched. 3, s. 31. Revocation by Tribunal (3) The Tribunal shall, without a hearing, make an order that the francophone organization shall no longer receive special funding. 2019, c. 14, Sched. 3, s. 31. Service (4) The Tribunal shall serve a copy of the order on the francophone organization and any prescribed person. 2019, c. 14, Sched. 3, s. 31. Effective date (5) The francophone organization shall stop receiving special funding as of the date set out in the order. 2019, c. 14, Sched. 3, s. 31 Suspension of payment (6) An accredited farm organization may stop providing special funding to the francophone organization, a…

• 28.
• [s32]

  Payments to Accredited Farm Organizations

• 14 #32Order on application
• 29.
• 14 #33Order on application
• 21Payment

  21 (1) Every person who is required to obtain a farming business registration number under section 2 shall make a payment in the prescribed amount to an accredited farm organization. 2019, c. 14, Sched. 3, s. 32. Payment remitted to Director (2) A payment required under subsection (1) shall be remitted to the Director in accordance with the regulations. 2019, c. 14, Sched. 3, s. 32. Forwarding payments to organizations (3) The Director shall promptly forward all payments received under subsection (2) to the appropriate accredited farm organization in accordance with the regulations. 2019, c. 14, Sched. 3, s. 32. Administration fee (4) The Director may charge a fee to accredited farm organizations in the prescribed amount for anything done by the Director under this Act. 2019, c. 14, Sched. 3, s. 32. Revoking farming business registration number (5) The Director may revoke a farming busin…

• 30.
• 15 #34Organization is accredited
• 22Religious objection, individual

  22 (1) If an individual carries on a farming business and objects to obtaining a farming business registration number 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 obtain a farming business registration number or to make the payment be waived. 2019, c. 4, Sched. 1, s. 8 (1); 2019, c. 14, Sched. 3, s. 33 (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 obtaining a farming business registration number 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 obtain a farming business registra…

• 31.
• [s35]
• 15 #35Organization is accredited
• 23Repealed

  23 Repealed: 2019, c. 4, Sched. 1, s. 9. Section Amendments with date in force (d/m/y) 2019, c. 4, Sched. 1, s. 9 - 01/01/2021

• [s36]

  Procedure on Appeal

• 16 #36Renewal
• 32.
• [s37]
• 16 #37Renewal
• 24Repealed

  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

• 33.
• 17 #38Hearing of application
• 21 #38Payment
• 25Repealed

  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

• 34.
• 17 #39Hearing of application
• 26Gather 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

• 35.
• 18 #40Order on application for renewal of eligibility to receive special funding
• 27Submissions 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

• 36.
• [s41]
• 28Repealed

  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

• 18 #42Order on application for renewal of eligibility to receive special funding
• 19 #42Review of eligibility
• 29Reconsider 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

• 30Decision 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

• 19 #44Review of eligibility
• 20 #44Hearing on review
• 31Notice 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

• [s45]

  Delegation of Administrative Authority

• 20 #46Hearing on review
• 31.1Delegation

  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 t…

• [s47]
• 31.2Administrative 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…

• 31.3Review

  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 - 01/01/2021

• [s49]
• 31.4Revocation 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 op…

• [s50]
• 21 #50Payment
• 31.5Duties 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 th…

• [s51]
• 31.6Employees

  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 - 01/01/2021

• 21 #52Payment
• 31.7No 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 - 01/01/2021

• [s53]
• 31.8No 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 subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, 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; 2019, c. 7, Sched. 17, s. 73. Section Amendments with date in force (d/m/y) 2019, c. 4, Sched. 1, s. 10 - 01/01/2021; 2019, c. 7, Sched. 17, s. 73 - 01/01/2021

• [s54]
• 21 #54Payment
• 31.9No 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 - 01/01/2021

• [s55]
• 31.10Indemnification

  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 - 01/01/2021

• 31.11No 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, employee…

• [s57]
• 31.12Audit

  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 - 01/01/2021

• 33 #57Regulations, Lieutenant Governor in Council
• [s58]

  Designation of Crown Agency

• 31.13Designation of Crown agency

  31.13 (1) The Minister may designate a Crown agency that meets the prescribed conditions to administer this Act. 2019, c. 14, Sched. 3, s. 34. Agency agreement required (2) The Minister may not designate a Crown agency under subsection (1) unless the Minister has entered into an agreement with the prospective agency respecting the performance of its functions under this Act. 2019, c. 14, Sched. 3, s. 34. Content of the agreement (3) The agreement shall include all such matters that the Minister considers necessary to ensure the effective administration of this Act. 2019, c. 14, Sched. 3, s. 34. Previous administration (4) The designation of a Crown agency under this section does not invalidate anything that was done by the Minister, the Ministry or AgriCorp to administer this Act or the regulations before the designation. 2019, c. 14, Sched. 3, s. 34. Revocation of designation (5) The Mi…

• [s60]

  General

• 32Protection 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

• 33Regulations, 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) defining any word or expression used in this Act that has not already been expressly defined in this Act; (c) respecting any matter advisable to carry out effectively the intent and purpose of the regulations made under this subsection. 2019, c. 14, Sched. 3, s. 35. Regulations, Minister (2) The Minister may make regulations, (a) governing the manner in which farming business registration numbers are obtained and assigned, including establishing classes of farming business registration numbers, any forms to be used and any relevant timeframes; (b) governing the imposition of conditions on farming business registration numbers and any cons…

• [s63]
• 34Repealed

  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

• [s64]
• 35

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

• [s65]
• 36

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

• [s66]
• [s77]
• [s79]
• [s81]
• 33 #82Regulations, Lieutenant Governor in Council
• 33 #83Regulations, Lieutenant Governor in Council
• 33 #84Regulations, Lieutenant Governor in Council