O. Reg. 363/12: GENERAL

Link to law: http://www.ontario.ca/laws/regulation/r12363
Published: 2012-11-15

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ontario regulation 363/12

made under the

Farm Registration and Farm Organizations Funding Act, 1993

Made: November 14, 2012
Filed: November 15, 2012
Published on e-Laws: November 15, 2012
Printed in The Ontario Gazette: December 1, 2012


Amending O. Reg. 723/93

(GENERAL)

1. (1) Section 5 of Ontario Regulation 723/93 is revoked and the following substituted:

5. (1) Subject to the other provisions of this section, a farm organization qualifies for accreditation if it meets the following criteria:

1. It has an annual membership fee of at least $195, including applicable taxes.

2. It is incorporated under a general or special Act of the Legislature.

3. Its purpose is to represent persons carrying on farming businesses.

4. It provides advice and analysis to governments, administrative tribunals or advisory bodies concerning agricultural issues and the development of programs or policies that are of interest to persons carrying on farming businesses.

5. It has entered into, or agreed to enter into, an agreement with the Minister and the accredited farm organizations to provide special funding to the francophone organization that is eligible for special funding under section 12 or 13 of the Act.

(2) A farm organization does not meet the criterion prescribed in paragraph 3 of subsection (1) if it represents only persons carrying on a farming business in which only certain crops, livestock or poultry are raised or in which only certain agricultural products are produced.

(3) For greater certainty, the criteria set out in subsections (1) and (2), as those subsections read on and after November 22, 2012, apply to an application for accreditation that was made to the Tribunal before that date.

(2) Section 5 of the Regulation, as remade by subsection (1), is revoked and the following substituted:

5. (1) Subject to the other provisions of this section, a farm organization qualifies for accreditation if it meets the following criteria:

1. It has at least 250 members who,

i. carry on a farming business in Ontario, and

ii. have paid the membership fee.

2. The majority of the members of the farm organization carry on a farming business for which there is a current farming business registration.

3. It has an annual membership fee, including applicable taxes, of at least $195 for each member.

4. It is incorporated under a general or special Act of the Legislature.

5. Its purpose is to represent persons carrying on farming businesses.

6. It provides education or training in respect of agricultural matters.

7. It has an executive body at the provincial level that is elected by its members or by electors chosen by members.

8. It has an established process whereby individual members have the right to make submissions on relevant issues of concern and the executive body has the duty to consider the submissions and respond.

9. It provides advice and analysis to governments, administrative tribunals or advisory bodies concerning agricultural issues and the development of programs or policies that are of interest to persons carrying on farming businesses.

10. If it is an unaccredited organization, it has submitted to the Tribunal audited financial statements for its most recent completed fiscal year and the auditor’s report on those financial statements.

11. It has at least 12 local affiliates each of which represents members carrying on farming businesses in a different area of Ontario.

12. It contributes to the local affiliates referred to in paragraph 11 an amount that equals or exceeds 25 per cent of,

i. in the case of a farm organization that is not accredited, the amount that is obtained when the number of members it had in the most recent completed fiscal year before the day on which application for accreditation is made is multiplied by $195 less the amount that would be payable in taxes if this amount were being charged as a membership fee, or

ii. in the case of a farm organization that is accredited, the amount that is obtained in the most recent completed fiscal year under subsection 21 (3) of the Act for which no refund was given under subsection 21 (8) of the Act less the amount that would be payable in taxes if this amount were being charged as a membership fee.

13. If it is an accredited organization, it has submitted to the Tribunal, on an ongoing basis during the period of its accreditation, its audited financial statements and audited report within 10 days after each annual general meeting.

14. It has entered into, or agreed to enter into, an agreement with the Minister and the accredited farm organizations to provide special funding to the francophone organization that is eligible for special funding under section 12 or 13 of the Act.

(2) A farm organization does not meet the criterion prescribed in paragraph 5 of subsection (1) if it represents only persons carrying on a farming business in which only certain crops, livestock or poultry are raised or in which only certain agricultural products are produced.

(3) A farm organization does not meet the criteria prescribed in paragraphs 10 and 13 of subsection (1) unless,

(a) the financial statements include a balance sheet, a statement of members’ equity, a statement of revenues and expenses and a statement of changes in financial position, however those statements are entitled;

(b) the financial statements and auditor’s report are prepared in accordance with the standards set forth in the Handbook of the Canadian Institute of Chartered Accountants; and

(c) the financial statements show the amount received under subsection 21 (3) of the Act and the number of refunds made by the organization under subsection 21 (8) of the Act during the fiscal year and the per cent of the applicable amounts received under paragraph 12 of subsection (1) that the organization has contributed to branches referred to in paragraph 11 of subsection (1) during the fiscal year. 

(4) A farm organization does not meet the criterion prescribed in paragraph 11 of subsection (1) unless each local affiliate,

(a) has at least 10 members, each of whom has paid the membership fee, carrying on farming businesses in the area concerned;

(b) has a local affiliate executive elected by the affiliate’s members;

(c) has an annual general meeting; and

(d) is entitled to send a representative to any meeting of the farm organization to which representatives of local affiliates are invited. 

Commencement

2. (1) Subject to subsection (2), this Regulation comes into force seven days after the day it is filed.

(2) Subsection 1 (2) comes into force one year and seven days after the day this Regulation is filed.

 

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