Agriculture, Food and Rural Affairs Appeal Tribunal
2023 ONAFRAAT 06
IN THE MATTER OF the Farm Registration and Farm Organizations Funding Act, 1993, S.O. 1993, c.21 (the "Act")
AND IN THE MATTER OF an application by Carl Marshall pursuant to Subsection 22(1) of the Act for an exemption.
AND IN THE MATTER OF Rule 33.01 of the Tribunal's Rules of Procedure.
Before:
Robert Fuller, Vice-Chair; Judy Dirksen, Member; Betty Ann MacKinnon, Member
DECISION OF THE TRIBUNAL
BACKGROUND
[1]. Carl Marshall ("Marshall") made application to the Agriculture, Food and Rural Affairs Appeal Tribunal (the "Tribunal") pursuant to the Farm Registration and Farm Organizations Funding Act, 1993, S.O. 1993, c. 21 (the "Act") dated March 3, 2023, seeking a religious exemption for registration and payment of the prescribed amount under the Act.
FARM REGISTRATION AND FARM ORGANIZATION FUNDING ACT
[2]. The Act provides in subsection 22(1) a specific waiver of the requirement of an individual to obtain a farming business registration number or to make the payment to an accredited farm organization because of his or her religious conviction or belief.
[3]. Section 22(5)(b) requires the Tribunal to hold a hearing before making an order in an application if the Tribunal is not satisfied without holding a hearing that the applicant is entitled to the order applied for.
RULE 33.01
[4]. This rule provides that the Tribunal may dismiss an application on its own motion without a hearing if, in the Tribunal's opinion, the proceeding relates to matters that are outside the Tribunal's jurisdiction.
[5]. By way of a Notice of Possible Dismissal under Rule 33.01, dated April 20, 2023, the Tribunal sought written submissions from the applicant concerning the jurisdiction of the Tribunal to hear this proceeding. The applicant did not provide written submissions to the Tribunal on or before May 5, 2023, as set out in the Notice.
ANALYSIS
[6]. The Applicant states in his application that he does not have religious convictions. No further evidence was submitted to the Tribunal.
[7]. The Act provides an exemption based on the religious convictions or beliefs of the Applicant. A lack of religious convictions is not in and of itself a religious conviction or belief.
[8]. There is no remedy under the Act for this applicant.
ORDER
[9]. The complaint of the applicant is dismissed.
[10]. Any party may appeal the decision of the Tribunal on a question of law to the Divisional Court of the Superior Court of Justice in accordance with its rules of practice within 15 days from the day on which the decision was served.
Robert Fuller, Vice-Chair
Agriculture, Food and Rural Affairs Appeal Tribunal
Released: May 24, 2023