The applicant sought judicial review of a tribunal decision denying accreditation as an accredited farm organization under the Farm Registration and Farm Organizations Funding Act, 1993.
The tribunal had concluded the applicant lacked standing because it did not actively represent farmers in Ontario and failed certain accreditation criteria under O. Reg. 723/93.
The court held the tribunal’s interpretation of the standing provision in s. 4(1) of the Act was unreasonable and improperly introduced additional criteria not prescribed in the legislation or regulation.
The tribunal’s focus on the applicant’s affiliation with a national organization and organizational structure was inconsistent with the statutory scheme.
The court concluded the applicant met the prescribed criteria and that the tribunal had no discretion to deny accreditation once those criteria were satisfied.
