LEGAL HELP: FARMING
WHAT LEGAL PROTECTIONS EXIST FOR FARMERS IN ONTARIO? (Or... How can a lawyer help a farmer?)
The "Legal Help" series is brought to you by:
The Professional Corporation of the Law Office of Robert A. Dinnen
4 Government Road East, Kirkland Lake, Ontario P2N 1A2
Telephone (705) 567-7979 - Fax (705) 567-7980
41 Third Street, P.O. Box 907, Englehart, Ontario P0J 1H0
Telephone (705) 544-8878 - Fax (705) 544-8444
Email [email protected]
HOW CAN A LAWYER HELP AN ONTARIO FARMER?
Registration of a Farming Business
- Every farming business in Ontario earning at least $7,000.00 gross per year is required to register with the Ministry of Agriculture, Food and Rural Affairs under the Farm Registration and Farm Organizations Funding Act, unless there is an objection to registration based on a genuinely held religious conviction or belief.
Farm Product Marketing
- Much of Ontario's farm production and marketing are regulated by boards.
- To create a new marketing board, the Ontario Farm Products Marketing Commission receives a request from a group of producers for the establishment of a plan to regulate a farm product. If the Commission believes the group to be representative of the product's producers, it may recommend the plan to the Ministry of Agriculture, Food and Rural Affairs. Cabinet may then establish the plan and constitute a local board, which thereafter has authority to manage the product.
- The plan might be limited to just a certain geographic area, or a certain variety of product, or part of a product, or more than one product.
- It is an offence to hinder a board appointee in the course of his duties to inspect a producer's records and property.
- Where authorized by regulation to do so, a board may, in the event of a proven breach, by a producer, of any lawful order, term or provision, impose a penalty of up to: (a) 10 per cent of the price payable to the producer for the regulated product marketed during the immediately preceding twelve month period by the producer, plus (b) a 20 per cent reduction in the amount of regulated product which may be marketed during any twelve month period by the producer.
- The Ontario Superior Court of Justice may issue an injunction to stop the unauthorized marketing or processing of a regulated product.
- Any product in respect of which an offence under the Farm Products Marketing Act or regulations thereunder has been committed may be authorized to be seized and either returned to the owner or disposed of.
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It is an offence to hinder or obstruct, or refuse to answer truthfully all relevant questions asked by, a person acting properly within his authorization under the Act.
- A contravention of the Act or the regulations, or any valid order, plan or direction of the Ontario Farm Products Marketing Commission, Director or properly constituted local board is punishable by a fine of up to $2,000.00 per day for a first offence and up to $10,000.00 per day for a subsequent offence. If the offence consists of having paid less than the prescribed price for a regulated product, the fine may be increased by the amount of the difference between the price paid and the prescribed price.
Farm Equipment Warranties
- Dealers, distributors and manufacturers of new farm implements are liable to honour the implied statutory warranties set out in the Ontario Farm Implements Act.
- A farm implement for this purpose is any equipment or machinery designed and used for agricultural or horticultural use and includes an attachment.
- It is an offence to contravene the Act or the regulations thereunder, punishable by a fine of up to $10,000.00.
Milk and Milk Products
- Have their own regulatory statute: the Milk Act.
- Milk and milk products are also subject to the Health Protection and Promotion Act: No person shall sell, offer for sale, deliver or distribute milk, cream or a milk product that has not been pasteurized or sterilized in a plant that is licensed under the Milk Act or in a plant outside Ontario that meets the standards for plants licensed under the Milk Act.
Livestock
- Engaging in the business of buying or selling livestock as either a principal or an agent requires a licence under the Livestock and Livestock Products Act. Licence issues are appealable to a Tribunal and, further, to the Divisional Court.
- Dealing in livestock without a licence attracts a minimum fine of $2,000.00 for a first offence and a minimum fine of $5,000.00 for a subsequent offence.
- It is an offence to obstruct a duly authorized inspector acting within his authority or to refuse to permit him to inspect any livestock or livestock product or to give him any false information.
- Branding is not permitted except with a brand approved by the Ontario Cattlemen's Association.
- Transfers of brands must also be approved.
- An unlicensed sale of medicine for the treatment of livestock attracts a fine of up to $1,000.00 for a first offence and up to $2,000.00 for a subsequent offence. Jail is also possible. Licence issues are appealable to a Tribunal and, further, to the Divisional Court.
- A person is permitted to kill a dog that is either found killing livestock or poultry or is found straying out of control where livestock or poultry are habitually kept.
- The municipality has to pay the damages of a person whose livestock or poultry have been killed or injured by a dog or a wolf. A municipality might also extend the protection to killings by other wild animals.
- Compensation may also be available in locations where there is no municipal organization.
Bees
- No person shall be a beekeeper in Ontario without a certificate of registration issued by the Provincial Apiarist.
- Compensation may be payable by the Ministry of Agriculture, Food and Rural Affairs of Ontario to an owner of a colony of honey bees damaged or destroyed by a bear.
- If a swarm leaves a hive and goes onto someone else's property, the swarm's owner, upon notifying the property owner, is entitled to recover the swarm, unless it has settled in another person's hive.
- A permit confirming prior inspection is required in order to sell or cause the removal of any bees or beekeeping equipment from the beekeeper's premises.
- Hives containing bees may not be placed within 30 metres of a property line separating the land on which the hives are placed from land occupied as a dwelling or used for a community center, public park or other place of public assembly or recreation. Or within 10 metres of a highway.
- It is an offence in Ontario to spray or dust fruit trees during the period within which the trees are in bloom with a mixture containing any poisonous substance injurious to bees unless almost all the blossoms have fallen from the trees.
- Contraventions of the Bees Act or the regulations thereunder or any order of the Director, Provincial Apiarist, Assistant Provincial Apiarist or an inspector attract fines of up to $2,000 for first offences and fines of up to $5,000 for subsequent offences.
Farm "Nuisance" Protection
- A farmer is not liable in nuisance to any person for a disturbance resulting from a normal farm practice.
- There are exceptions for farmers who are in breach of certain laws, such as the Environmental Protection Act.
- No municipal by-law may restrict a normal farm practice.
- No municipal by-law may restrict the reasonable and normal operation of farm equipment on roadways.
Mediation of Debts
- Any secured creditor intending to take action against a farmer to recover payment must first provide a notice advising the farmer of his rights under the Farm Debt
Mediation Act of Canada.
- Any insolvent farmer may apply at any time to an administrator appointed by the Federal Ministry of Agriculture and Agri-Food.
- An administrator may decide to stay any proceedings brought against the farmer by his creditors.
- A detailed review of the farmer's financial affairs is undertaken by the administrator.
- An unbiased mediator is then appointed to attempt to bring about a settlement between the farmer and his creditors.
We can help.
The "Legal Help" series is brought to you by:
The Professional Corporation of the Law Office of Robert A. Dinnen
4 Government Road East, Kirkland Lake, Ontario P2N 1A2
Telephone (705) 567-7979 - Fax (705) 567-7980
41 Third Street, P.O. Box 907, Englehart, Ontario P0J 1H0
Telephone (705) 544-8878 - Fax (705) 544-8444
Email [email protected]
