Agriculture, Food and Rural Affairs Appeal Tribunal 1 Stone Road West

Tribunal d’appel de l’agriculture, de l’alimentation et des affaires rurales 1 Stone Road West

Guelph, (Ontario) N1G 4Y2 Tel: (519) 826-3433, Fax: (519) 826-4232 Email: AFRAAT@ontario.ca

Guelph (Ontario) N1G 4Y2 Tél.: (519) 826-3433, Téléc.: (519) 826-4232 Email: AFRAAT@ontario.ca

AGRICULTURE, FOOD AND RURAL AFFAIRS APPEAL TRIBUNAL

APPEAL:

Union des cultivateurs franco -ontariens (UCFO) Special Funding

UCFO Special Funding (RE) 2014ONAFRAAT24

STATUTE:

Farm Registration and Farm Organizations Funding Act, 1993

HEARING:

August 27, 2014

DATE OF DECISION:

September 12, 2014

2014-24

NEUTRAL CITATION:

2014ONAFRAAT24

Union des cultivateurs franco-ontariens (UCFO) Special Funding

IN THE MATTER OF: section 17 and 18 OF THE Farm Registration and Farm Organizations Funding Act, 1993

AND IN THE MATTER OF: An application to the Agriculture, Food and Rural Affairs Appeal Tribunal by L’Union des cultivateurs franco-ontariens (UCFO) under Section 17 of the Farm Registration and Farm Organizations Funding Act, 1993, for eligibility for special funding under this Act.

Before: Marthanne Robson, Vice-Chair and Harold McNeely, Vice-Chair

Appearances:

Marc Laflèche - President, UCFO

Phillippe Etter - Vice-President, UCFO Pierre Glaude - Special Counsel, UCFO

Simon Durand - Executive Director, UCFO

DECISION OF THE TRIBUNAL

Statutory Context

The Farm Registration and Farm Organizations Funding Act, 1993 (the Act) provides for the possibility of special funding for one eligible francophone organization representing farmers in the Province. The L’Union des cultivateurs franco-ontariens (UCFO) has been found eligible to receive this special funding for many years. The special funding comes from other farm organizations accredited under the Act: the Christian Farmers Federation of Ontario (CFFO), the National Farmers Union – Ontario (NFU-Ontario) and the Ontario Federation of Agriculture (OFA).

Section 12 of the Act stipulates that "one francophone organization representing farmers in the Province may be eligible for special funding under this Act if,

(a) it serves the socioeconomic and cultural interests of francophone farmers;

(b) it offers its services to farming businesses in the French language; and

(c) it meets the prescribed criteria for eligibility.

(see Appendix A).

This Tribunal last renewed the UCFO’s eligibility for special funding for a period of three years ending November 8, 2014. The organization must generally submit an application for renewal to the Tribunal every three years (s. 19(3)). However, the present application was not made within the time frame set out in s. 9 of Regulation 723/93 under the Act, that is between nine and six months before the expiry of its eligibility. Therefore this application was not considered as a renewal under s. 17(1) of the Act, but rather treated as a new application under s. 17(3), despite the current eligibility not having expired at the time the application was made. This matter was heard on August 27, 2014 in Ottawa.

A written notice of the hearing was sent to the Minister of Agriculture, Food and Rural Affairs (the “Minister”), the OFA, the CFFO, the NFU-O, the UCFO and was posted on the Tribunal’s website.

The purpose of the hearing is to determine whether the UCFO meets the conditions and criteria for eligibility for special funding set out in the Act and Sections 8(1) and 8(2) of Ontario Regulation 723/93 as amended effective July 1, 2014.

The Conditions, Criteria and Evidence

The UCFO submitted documents including a triennial report (2011-2014), its financial statements for 2013, copies of several editions of the Agricom journal as well as letters of support from the OFA, NFU-O, the Assemblee de la francophonie de l’Ontario and Mr. Grant Crack, MPP for Glengarry-Prescott-Russell. Messrs. Laflèche, Durand, Etter and Glaude testified.

The following is a summary of the evidence that addresses the criteria set out in the regulation:

1. Promoting francophones’ awareness of agriculture and agricultural issues.

The UCFO publishes 22 editions of the Agricom newspaper annually, and reaches some 3,500 francophone farming families and stakeholders. Agricom is a hybrid of technical journal and community newspaper. Agricom received several prizes during the last three years from Association de la presse francophone (APF) for newspaper of the year (2012), for the quality of French (2012 and 2013) and for community engagement (2011).

Both the UCFO and Agricom have Facebook pages as well as websites. The UCFO also set up a specialized translation service from English to French in order to make more agriculture related material available in both official languages.

2. Advice to governments, administrative tribunals and advisory bodies on agricultural issues and program/policy development.

The UCFO communicates regularly with federal, provincial and municipal governments and elected representatives. Its triennial report outlines the different organizations and consultations in which it was involved, specifically with ministers and elected members associated with the French speaking community and agriculture, Canadian Heritage and the Agricultural Advisory Committee in the United Counties of Prescott-Russell. Members of the organization and its board of directors are also members of different boards and committees such as the Conseil de la coopération de l’Ontario and the Agricultural Management Institute.

3. Provides education and training on agricultural issues.

The UCFO published a training calendar during the past three years. Each course was attended with a total of about 100 producers participating in the continuing education programs. As well as its journal and website, the UCFO has three representatives on the community council of Alfred College of the University of Guelph.

The UCFO has been active in the discussions and negotiations to keep the French language Alfred College open following the decision of the University of Guelph to close the campus. Mr. Glaude was appointed special counsel to that effect.

4. Plans, promotes, and implements economic development programs.

The UCFO appoints delegates to the Prescott-Russell economic development committee, the Agricultural Adaptation Council and the Agricultural Management Institute, among others. It regularly works with economic development organizations such as the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA), and is a founding member of the Reseau agroalimentaire de l’Est, which assists producers in commercialization training and opportunities.

5. Maintains ties with the accredited and Francophone organizations.

OFA attends the UCFO’s annual meeting and vice versa. As well, the UCFO sits on the OFA’s board of directors. Ties with the CFFO and NFU-O are maintained at the staff level of these organizations; a UCFO representative attends their annual general meetings.

With respect to francophone organizations, the UFCO is in regular communication with the Assemblée de la francophonie de l’Ontario as well as other Francophone organizations.

6. Board of directors elected by its members.

The UCFO’s board of directors (called the Bureau central) has nine (9) members which are elected directly by the regular members.

7. Submission of financial and annual reports.

Following the adoption of the financial statements for 2011, 2012, 2013 at the annual general meeting, the UCFO submitted the financial statements to the Tribunal as well as to the other accredited organizations. The Tribunal notes that as the financial statements submitted were prepared prior to the coming into force of amendments to the Regulation on July 1, 2014, the format for those financial statements follows the criteria prior to that amendment.

8. N/A.

9. The UCFO was incorporated as a not-for-profit organization in 1945.

10. Has at least 40 members who carry on a farming business and have paid the membership fee.

The UCFO has 657 regular members (who are individuals) and a total of 699 members in all categories of membership, an increase of 8% since the last application to this Tribunal. 234 members carrying on a farming business have paid the membership fee.

1. At least 21 members who have a current farming business registration (new as of July 1, 2014)

The triennial report contains the business name and farming registration number of 25 UCFO members.

Decision and Reasons

Based on a review of the evidence and the criteria set out in the Act and Regulation, the UCFO meets the conditions and criteria required to justify its eligibility for special funding.

The Tribunal orders that the application by L’Union des cultivateurs franco-ontariens for special funding be granted pursuant to Section 19 of the Act. This ruling will be in effect for three years commencing November 9, 2014 and ending at midnight, November 8, 2017.

Dated in Ottawa, Ontario, this 12th day of September, 2014

APPENDIX A

8. (1) Subject to the other provisions of this section, a francophone organization representing farmers in Ontario may be eligible for special funding if, in addition to meeting the criteria set out in clauses 12 (a) and (b) of the Act, it meets the following criteria:

9. It promotes knowledge of agriculture and agricultural issues amongst francophones in agricultural and rural areas of Ontario.

10. 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 francophones carrying on farming businesses in Ontario.

11. It provides education or training in respect of agricultural matters or provides information on obtaining such education or training to francophones carrying on farming businesses in Ontario.

12. It plans, promotes or implements or assists in planning, promoting or implementing economic development projects in agricultural and rural areas of Ontario.

13. It maintains a liaison with the accredited organizations and other francophone organizations representing farmers.

14. Persons sitting on its board of directors have all been elected, except for persons who were appointed to fill a vacancy or in other exceptional circumstances.

15. It prepares audited financial statements annually in accordance with subsection (2) and makes them available to the public within 30 days of its annual general meetings and, if the Tribunal has held any hearings under the Act, it submitted a copy of its most recent audited financial statements to the Tribunal before the hearing began.

16. Revoked

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

18. It has at least forty members who:

i. carry on a farming business in Ontario,

ii. have paid the membership fee.

11. It has at least twenty-one members who carry on a farming business for which there is a current farming business registration.

(2) An audited financial statement shall include:

1. The total amount of special funding received by the francophone organization in the year.

2. Financial statements and an auditor's report prepared by an auditor in accordance with generally accepted auditing standards.

3. The number of members in the organization.

4. A francophone organization eligible for special funding may apply for renewal of its eligibility only during the period that is no sooner than nine months and no later than six months before the expiry of its eligibility.

5. In the Act and this Regulation,

“special funding” means the funding accredited organizations have agreed to pay to the eligible francophone organization..

11. For the purpose of subsection 21 (7) of the Act, the time prescribed for applying for a refund is the ninety-day period starting with the day the registration form is required to be filed.

12. For the purpose of subsection 11 (7) of the Act, the time prescribed for resubmitting a payment is the thirty-day period starting with the day the Ministry returns the first payment pursuant to subsection 11 (6) of the Act.

13. In addition to the information that the Minister must provide under subsection 21 (3) of the Act, the Minister may, under section 3 of the Act, for the purpose of promoting the efficient administration of the Act, provide to the appropriate farm organizations the fax numbers and e-mail addresses provided in the farming business registration forms of those who have provided payments under subsection 21 (1) of the Act.