Union des cultivateurs franco-ontariens, 2020 ONAFRAAT 13

Agriculture, Food and Rural Affairs Appeal Tribunal

1Stone 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

Courriel: AFRAAT@ontario.ca

APPEAL:

UCFO Application for Special Funding 2020

2020 ONAFRAAT 13

STATUTE:

Farm Registration and Farm Organizations Funding Act, 1993

HEARING:

September 30, 2020

DATE OF DECISION:

October 26, 2020

2020-13

NEUTRAL CITATION:

2020ONAFRAAT13

FILE NO.: 040UCFO20

DATE: 2020/10/26

IN THE MATTER OF THE FARM REGISTRATION AND FARM ORGANIZATIONS FUNDING ACT, 1993, S.O. 1993, C. 21 AS AMENDED.

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

WITH SUBMISSIONS FROM:

Union des cultivateurs franco-ontariens

Applicant

Danik Lafond, General Director

HEARD: September 25, 2020

Before: Harold McNeely, Vice-Chair, and David Stevens, Member.

DECISION OF THE TRIBUNAL

Background

1The Farm Registration and Farm Organizations Funding Act 1993 (the “Act”), sets out the criteria and process for the accreditation and renewal of accreditation for organizations representing farmers in Ontario. The accreditation makes the organization eligible to receive special funding. L’Union des cultivateurs franco-ontariens (“UCFO”) has been found eligible to receive the special funding for many years. In its last decision dated October 27, 2017, the Tribunal determined that UCFO was eligible for special funding until November 8, 2020.

Hearing

2The current application for reaccreditation is held in writing pursuant to Section 3(1) of the Hearings in Tribunal Proceedings (Temporary Measures) Act, 2020 S.O. 2020 Chapter 5, Schedule 3. The evidence provided by UCFO in support of its Application is contained in a comprehensive Triennial Report dated August 5, 2020. Additional evidence consisted of UCFO’s 2018 Annual Report, and its financial statements for the fiscal year ended December 31, 2019. Each of the following accredited farm organizations have filed letters in support of UCFO’s application for reaccreditation.

These are:

a. The Ontario Federation of Agriculture (“OFA”) (letter dated July 29, 2020);

b. The National Farmers Union (“NFU”) (letter dated July 28, 2020);

c. The Christian Farmers Federation of Ontario (“CFFO”) (letter dated August 6, 2020);

UCFO also received letters of support from l’Association de la presse francophone dated July 27, 2020, Collège Boréal dated August 12, 2020 and the Fondation franco-ontarienne dated July 27, 2020.

Evidence

3The following is a summary of evidence that addresses the criteria set out by the General Regulation, O. Reg. 723/93, made under the Act:

1. Raising awareness of agricultural issues for francophones in Ontario’s agricultural and rural areas.

4Agricom is a newspaper published monthly by UCFO with 1,850 copies distributed mostly in Ontario and also in Quebec. It is the only Canadian francophone agricultural newspaper published outside Quebec. Agricom is not only a community newspaper, but also provides technical information to farming families and stakeholders. Agricom has received numerous awards recognizing the excellence of its community articles. UCFO also manages four (4) websites and five (5) social media accounts. UCFO also operates a specialized translation service from English to French to make more agriculture related material available in both official languages and to improve the quality of written French provided to farmers and the general public. It also promotes the farming profession and the success of its members in articles it publishes, in awarding a prize to an Ontario farm family for excellence and community engagement and an award of merit. UCFO partners with the Fondation franco-ontarienne in fundraising activities to provide scholarships and financial support for start-up farming businesses.

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

5UCFO communicates regularly with federal, provincial and municipal governments, as well as its elected representatives. Several of these activities are described on pages 13 and 14 of the 2017 – 2020 Triennial Report.

3. Provides education and training on agricultural issues.

6Through the Agricom, its websites and social media, UCFO disseminates information to its readers and to Franco-Ontarian farmers. It also has implemented online training system webinars to reach farmers in all regions. This will be carried out with the Ferme d'education et de recherche du campus Alfred (“FERCA”). FERCA was formed by UCFO in 2015 to acquire the dairy herd of the University of Guelph to maintain agricultural operations such as training and research sites for francophones in agriculture. UCFO also brings together annually 120 to 150 participants at a conference where university researchers and experts in various fields of agriculture are invited to share their knowledge with the participants.

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

7UCFO is frequently consulted and works in close collaboration with the following:

a. Association française des municipalités de l’Ontario;

b. Prescott and Russell economic development committee;

c. Assemblée de la francophonie de l’Ontario;

d. Société économique de l’Ontario;

e. Prescott and Russell Economic Development and Tourism;

f. Association de la presse francophone (APF);

8UCFO also participates in the Eastern Ontario Agri-Food Network, a group which aims to inform producers who work to establish shorter supply chains. It also works to expand the development of the program in the francophone region of Northern Ontario.

5. Maintains ties with the accredited and francophone organizations

9UCFO participates in the Annual Meeting of the OFA. OFA delegates also attend the annual meeting of UCFO. UCFO has assisted OFA to develop their communications in French. UCFO sends a representative to the annual meeting of CFFO and NFU. The staff of UCFO also maintains contact with the staff of OFA, NFU and CFFO on various issues of interest to these organizations.

10Following the establishment of FERCA and the acquisition of the dairy herd, UCFO through FERCA has regular contact and communications with Dairy Farmers of Ontario.

11UCFO also works closely with the Fondation franco-ontarienne in developing its training grants program.

6. Board of Directors elected by its members

12Nine regular members are elected to the Board of Directors of UCFO. Four of these directors are officers of UCFO and are charged with the responsibility of day to day operations and urgent matters.

The current officers are:

a. Nicholas Dessaint, President

b. Pierre Pasquier, Vice-President

c. Alexandre Chabot, 2nd Vice-President

d. René-Claude Goulet, Secretary-Treasurer

7. Submission of financial and annual reports

13UCFO has supplied the Commission and the other accredited farm organisations with its annual reports and audited financial statements approved at its annual general meeting for the years prior to 2019. It has also provided its audited financial statement for the last fiscal year (2019).

8. n/a (Revoked from the Regulation)

9. Incorporation

14UCFO was incorporated as a not-for-profit corporation on December 13, 1945 under the provision of the Ontario Corporations Act. The Corporation is in good standing.

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

15The membership of UCFO is made up of 504 Regular voting paid-up members, 17 Auxiliary non-voting members, 15 non-voting Provincial and Regional members and 4 Honorary members. The Regular members represent 350 francophone farming businesses – mainly in Eastern Ontario, Northern Ontario (the areas of Earlton, New Liskeard and Verner) and Essex County.

11. At least 21 members who have a current Farm Business Registration (“FBR”)

16In its Triennial Report, UCFO has identified 25 Regular members who possess a FBR and has supplied the FBR number for each of these members.

Decision and Reasons

17Based on a review of the evidence and the criteria set out in the Act and the Regulation, UCFO meets all the requirements to justify its eligibility for special funding.

18The Tribunal orders that the Application by UCFO for special funding be granted pursuant to Section 19 of the Act. This ruling will be in effect for three years commencing on November 9, 2020 and ending at midnight on November 8, 2023.