Agriculture, Food and Rural Affairs Appeal Tribunal
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
2023 ONAFRAAT 16
IN THE MATTER OF: SECTIONS 4 AND 5 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 the Ontario Federation of Agriculture under Subsection 7(1) of the Act for renewal of its accreditation
AND IN THE MATTER OF an electronic hearing to held pursuant to Rule 18 of the Tribunal’s Rules of Procedure on June 22, 2023.
AND IN THE MATTER OF further evidence submitted in writing.
Before: Brandi Neil, Vice-Chair, Dave Fawcett, Member, Dave Stevens, Member
FINAL DECISION
Background
1On August 22, 2023, the Tribunal granted provisional Accreditation to the Ontario Federation of Agriculture (the “OFA”) under The Farm Registration and Farm Organizations Funding Act, 1993 (the “Act”). This act sets out the process for accreditation and renewal of accreditation for organizations representing farmers in the province.
2The provisional accreditation order provided the OFA with 60 days to provide two pieces of additional information so their accreditation could be finalized. With the exception of these two things they were otherwise in compliance with the requirements of the Act.
3The OFA was required to provide the following:
i) Proof of Compliance with Farm Registration and Farm Organizations Funding Act, 1993 Ontario Regulation 783/20, Subsection 7(2) 13., by way of affidavit evidence which sets out when the audited financial statements became available to the public after the Annual General Meeting.
ii) Proof of Compliance with Farm Registration and Farm Organizations Funding Act, 1993 Ontario Regulation 783/20, Subsection 7(4)(b), by way of providing an Amended 2022 Audited Financial Statements signed and dated by the Independent Auditor that includes the total number of supporters the farm organization had in the fiscal year.
4On September 13, 2023, the OFA provided a letter to the Tribunal with several pieces of evidence attached. The two most relevant pieces of evidence are:
i) An affidavit by General Manager Cathy Lennon, swearing under oath that the 2022 Financial statements were made available to the public by being posted to the OFA website on November 15, 2022, in advance of the Annual General Meeting on November 21, 2022.
ii) Restated 2022 year-end financial statements prepared by an Independent Auditor, BDO, that were approved by the OFA Board of Directors on September 7, 2023. These statements include an additional Note 15 (that was not included in the original 2022 Financial Statements) that sets out the total number of supporters in each of the fiscal years 2021 and 2022 as well as the number of refunds process in those years.
5The Tribunal finds that these additional pieces of evidence satisfy the outstanding financial statement requirements.
6The Tribunal is of the view that the OFA is in compliance with the all the criteria set out in the Regulation and will be given a renewal of their accreditation.
ORDER
7The Tribunal orders that the Application by the Ontario Federation of Agriculture for the renewal of their accreditation under the Farm Registration and Farm Organizations Funding Act, 1993, be granted. Their accreditation will be in effect for a five year period as prescribed in the Regulations.
Released: October 12, 2023