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Agricultural Producers Registration and Farm Organizations Funding Act

Legislature :
55
Session :
3
Bill No. :
71
Member :
Hon. Alward
First Reading :
2006-5-25
Second Reading :
2006-5-26
Committee of the Whole :
2006-6-21
Amended :
2006-6-21
Third Reading :
2006-6-21
Royal Assent :
2006-6-22
Download PDF :
Bill 71

Text of Bill :
Chapter Outline



Definitions......................................................................................................................................... 1

Account — Compte

farm business — entreprise agricole

Minister — ministre

register — registre

Registrar — registraire

Register of farm businesses............................................................................................................. 2

Registration and renewal of registration of farm businesses........................................................ 3

Use of the designation "Registered Professional Agricultural Producer".................................... 4

False statements................................................................................................................................. 5

Accreditation of farm organization.................................................................................................. 6

Renewal of accreditation.................................................................................................................. 7

Notice of application for accreditation or for renewal of accreditation...................................... 8

Hearing............................................................................................................................................... 9

Decision of Registrar...................................................................................................................... 10

Accreditation period....................................................................................................................... 11

Organization deemed to be accredited farm organization........................................................... 12

Review of accreditation.................................................................................................................. 13

Voluntary withdrawal of accreditation........................................................................................... 14

Financial statements, books, records and accounts...................................................................... 15

Appeals............................................................................................................................................. 16

Accredited Farm Organizations Funding Account........................................................................ 17

Administration of Act..................................................................................................................... 18

Registrar of Farms........................................................................................................................... 19

Delegation of duties of Registrar.................................................................................................. 20

Notice sent by mail......................................................................................................................... 21

Regulations...................................................................................................................................... 22

REPEAL

Repeal............................................................................................................................................... 23

COMMENCEMENT

Commencement............................................................................................................................... 24





Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:



Definitions

1                           The following definitions apply in this Act.



"Account" means the Accredited Farm Organizations Funding Account established under section 17. (Compte)



"farm business" means a farming operation registered as a farm business under section 3. (entreprise agricole)



"Minister" means the Minister of Agriculture, Fisheries and Aquaculture. (ministre)



"register" means the register of farm businesses established under section 2. (registre)



"Registrar" means the Registrar of Farms appointed under section 19. (registraire)



Register of farm businesses

2(1)                   The Minister may establish and maintain a register of farm businesses.



2(2)                   The register shall include the information that the Registrar considers necessary.



2(3)                   Information in the register, in the applications for registration and applications for renewal of registration may be used



(a)               by the Minister, or by any other Minister of the Crown, to verify the eligibility of a farm business for government programs involving agricultural activities, and



(b)               for consultations between the Province and industry on governmental policy involving agricultural activities.



Registration and renewal of registration of farm businesses

3(1)                   A person who carries on a farming operation may apply to the Register to have the farming operation registered as a farm business or to renew the farming operation's registration as a farm business.



3(2)                   An application shall be accompanied by the fee prescribed by regulation, be made to the Registrar on a form provided by the Registrar and contain the information prescribed by regulation.



3(3)                   The Registrar shall register a farming operation as a farm business or renew the registration of a farming operation as a farm business if the Registrar is convinced that the farming operation



(a)               is a farming business within the meaning of the Income Tax Act (Canada), or



(b)               is a start-up farming operation that is following a management plan approved by the Minister.



3(4)                   The Registrar may examine any book, record and account of an applicant for the purpose of verifying the information provided under subsection (2).



3(5)                   Where the Registrar registers a farming operation as a farm business, the Registrar shall



(a)               assign a registration number to the farm business and enter in the register the information that the Registrar considers necessary, and



(b)               if the applicant indicates in the application that the applicant is seeking membership in an accredited farm organization, provide to that accredited farm organization the information that the Registrar considers necessary.



3(6)                   Where the Registrar renews the registration of a farming operation as a farm business, the Registrar shall



(a)               maintain the same registration number assigned to the farm business, and



(b)               if the applicant indicates in the application that the applicant is seeking membership in an accredited farm organization, provide to that accredited farm organization the information that the Registrar considers necessary.



3(7)                   The registration or renewal of registration of a farming operation as a farm business shall be valid for the period prescribed by regulation.



Use of the designation "Registered Professional Agricultural Producer"

4(1)                   A person who carries on a farm business shall be entitled to use the designation "Registered Professional Agricultural Producer", "RPAP" or "R.P.A.P.".



4(2)                   No person, other than a person who carries on a farm business, shall use the designation "Registered Professional Agricultural Producer", "RPAP" or "R.P.A.P.".



4(3)                   Any person who violates or fails to comply with subsection (2) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.



False statements

5(1)                   No person shall make a false statement in any application made under section 3.



5(2)                   Any person who violates or fails to comply with subsection (1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.



Accreditation of farm organization

6(1)                   Any organization representing farmers in the Province that meets the criteria prescribed by regulation may apply to the Registrar to be accredited as a farm organization for the purposes of this Act.



6(2)                   The application for accreditation shall be made on a form provided by the Registrar and shall contain the information that the Registrar considers necessary.



Renewal of accreditation

7(1)                   An accredited farm organization may apply to the Registrar, within the time prescribed by regulation, for renewal of accreditation.



7(2)                   An application for renewal of accreditation shall be made on a form provided by the Registrar and shall contain the information that the Registrar considers necessary.



7(3)                   Notwithstanding section 11, if a farm organization applies for renewal of accreditation, the accreditation of the farm organization remains valid until the Registrar advises the farm organization in writing of the Registrar's decision to accept or refuse to accept the application for renewal of accreditation.



Notice of application for accreditation or for renewal of accreditation

8                           The Registrar shall advise the accredited farm organizations in writing of any application for accreditation or for renewal of accreditation made under this Act.



Hearing

9(1)                   The Registrar may, within a reasonable time, hold a hearing with respect to an application for accreditation of an organization representing farmers in the Province or with respect to an application for renewal of accreditation of a farm organization.



9(2)                   The Registrar shall publish a notice of the hearing



(a)               at least once in each of 2 consecutive weeks in a newspaper or newspapers having general circulation in areas in which, in the Registrar's opinion, the notice is likely to come to the attention of a person who is carrying on a farming operation that is a farming business within the meaning of the Income Tax Act (Canada) or that is a start-up farming operation that is following a management plan approved by the Minister, and



(b)               in one issue of The Royal Gazette.



9(3)                   The notice of the hearing shall



(a)               state the name of the organization applying for accreditation or for renewal of accreditation,



(b)               indicate that any person who is carrying on a farming operation referred to in paragraph (2)(a) or any accredited farm organization may raise questions and comments relating to the farm organization's application for accreditation or for renewal of accreditation,



(c)               indicate the time by which the questions and comments referred to in paragraph (b) must be raised and the address where the questions or comments should be sent, and



(d)               include any other information that the Registrar considers appropriate in the circumstances.



9(4)                   Any person or any organization referred to in paragraph (3)(b) may make representations at a hearing held under this section.



Decision of Registrar

10                        The Registrar shall advise the applicant in writing, within the time prescribed by regulation, of the Registrar's decision to accept or refuse to accept the application for accreditation or for renewal of accreditation.



Accreditation period

11                        Accreditation of a farm organization given under this Act shall be valid for a period of 4 years from the date the Registrar grants the accreditation.



Organization deemed to be accredited farm organization

12                        Any organization representing farmers in the Province and that is prescribed by regulation is deemed to be an accredited farm organization for the purposes of this Act for a period of 4 years from the date on which this section comes into force.



Review of accreditation

13(1)               If the Registrar is of the opinion that an accredited farm organization no longer meets any of the criteria prescribed by regulation, the Registrar may undertake a review of the accreditation of the farm organization.



13(2)               The Registrar may, within a reasonable time, hold a hearing to determine if an accredited farm organization meets or does not meet any of the criteria prescribed by regulation.



13(3)               The Registrar shall publish a notice of the hearing



(a)               at least once in each of 2 consecutive weeks in a newspaper or newspapers having general circulation in areas in which, in the Registrar's opinion, the notice is likely to come to the attention of a person who is carrying on a farming operation that is a farming business within the meaning of the Income Tax Act (Canada) or that is a start-up farming operation that is following a management plan approved by the Minister, and



(b)               in one issue of The Royal Gazette.



13(4)               The notice of the hearing shall



(a)               state the name of the accredited farm organization under review,



(b)               indicate that any person who is carrying on a farming operation referred to in paragraph (3)(a) or any accredited farm organization may raise questions and comments relating to the accreditation of the farm organization,



(c)               indicate the time by which the questions and comments referred to in paragraph (b) must be raised and the address where the questions or comments should be sent, and



(d)               include any other information that the Registrar considers appropriate in the circumstances.



13(5)               Any person or any organization referred to in paragraph (4)(b) may make representations at a hearing held under this section.



13(6)               If, following the review of the accreditation, the accredited farm organization no longer meets, in the opinion of the Registrar, the criteria prescribed by regulation, the Registrar



(a)               shall revoke the accreditation of the farm organization and advise the farm organization in writing of the revoking of accreditation, or



(b)               shall notify the farm organization in writing that the farm organization must, within 30 days after the receipt of the notice, correct the deficiency if the farm organization wishes to maintain its accreditation.



13(7)               If the deficiency referred to in subsection (6) is not corrected by the farm organization within the time referred to in paragraph (6)(b), the Registrar shall revoke the accreditation of the farm organization.



Voluntary withdrawal of accreditation

14(1)               An accredited farm organization may, upon application to the Registrar, seek the withdrawal of the accreditation of the farm organization.



14(2)               The Registrar shall, within 30 days after the receipt of the application, withdraw the accreditation of the farm organization and notify the farm organization in writing that the accreditation of the farm organization has been withdrawn.



14(3)               The Registrar shall send a copy of the written notice referred to in subsection (2) to all other accredited farm organizations.



Financial statements, books, records and accounts

15(1)               An accredited farm organization shall, within 90 days after the end of its fiscal year, forward to the Registrar a copy of the farm organization's audited financial statements for the preceding fiscal year.



15(2)               An accredited farm organization shall provide the Registrar with access, during regular business hours, to the books, records and accounts of the accredited farm organization.



Appeals

16(1)               The following persons or organizations, if affected by a decision made by the Registrar under this Act, may appeal the decision to an appeal board established under subsection (4):



(a)               a person who is carrying on a farming operation that is a farming business within the meaning of the Income Tax Act (Canada) or that is a start-up farming operation that is following a management plan approved by the Minister, and



(b)               an accredited farm organization.



16(2)               If an accredited farm organization appeals a decision of the Registrar to revoke the accreditation of the farm organization, the accreditation of the farm organization shall be valid until the conclusion of the appeal process.



16(3)               Any person or any organization who seeks to appeal a decision of the Registrar shall file with the Registrar, within the time prescribed by regulation, a written notice containing the information prescribed by regulation.



16(4)               Upon receipt of the written notice by the Registrar, the Minister shall establish an appeal board composed of



(a)               an employee of the Department of Agriculture, Fisheries and Aquaculture appointed by the Minister, and



(b)               two persons appointed by the Minister from a list of persons carrying on a farm business that is provided to the Minister by the accredited farm organizations.



16(5)               The Minister may remove a member of an appeal board from office for cause or for any incapacity.



16(6)               An appeal board shall hear, determine or deal with any matter appealed to it and may confirm, revoke or vary the decision of the Registrar.



Accredited Farm Organizations Funding Account

17(1)               There is established an account to be known as the Accredited Farm Organizations Funding Account.



17(2)               The Minister shall be the custodian and trustee of the Account.



17(3)               The Account shall be a separate account in the Consolidated Fund.



17(4)               All interest arising from the Account shall be paid into and form part of the Account.



17(5)               The fees referred to in subsection 3(2) shall be paid into the Account.



17(6)               The Minister may only make payments out of the Account for the purposes of providing funding to accredited farm organizations.



17(7)               The Minister shall distribute the funds paid from the Account to the accredited farm organizations,



(a)               in a case where there are instructions given on the application made under section 3, according to those instructions, or



(b)               in a case where there are no instructions given on the application made under section 3, proportionally according to the number of members in each accredited farm organization.



Administration of Act

18                        The Minister is responsible for the administration of this Act.



Registrar of Farms

19(1)               The Minister may appoint any employee of the Department of Agriculture, Fisheries and Aquaculture as Registrar of Farms.



19(2)               If for any reason the Registrar becomes unable to act, the Minister may appoint an employee of the Department of Agriculture, Fisheries and Aquaculture to act as Registrar until such time as a new Registrar is appointed or until the Registrar is able to act.



19(3)               The person appointed under subsection (2) to act as Registrar shall have all the rights, duties and obligations of the Registrar.



Delegation of duties of Registrar

20(1)               The Registrar may, in writing, delegate to a Minister of the Crown or the head of a corporation that is an agent of the Province any specific power, authority, right, duty or responsibility that is given to the Registrar by the Minister or given to the Registrar under a provision of this Act or the regulations.



20(2)               The Registrar shall, in a written delegation under this section,



(a)               establish the manner in which the delegate is to exercise or carry out the delegated matter,



(b)               set out any limitations, terms, conditions and requirements that the Registrar considers appropriate to impose on the delegate, and



(c)               authorize the delegate to subdelegate the power, authority, right, duty or responsibility to an employee of the department or corporation administered by that delegate, and to impose on the subdelegate any limitations, terms, conditions and requirements that the delegate considers appropriate, in addition to those set out in the Registrar's written delegation.



20(3)               A delegate or subdelegate to whom this section applies shall exercise the delegated powers, authority and rights and carry out the delegated duties and responsibilities in the manner established in, and in accordance with any limitations, terms, conditions and requirements imposed in the Registrar's written delegation.



20(4)               A subdelegate to whom this section applies shall exercise the delegated powers, authority and rights and carry out the delegated duties and responsibilities in accordance with any limitations, terms, conditions and requirements imposed on the subdelegate by the delegate.



Notice sent by mail

21                        Any notice or other document sent by mail under this Act or the regulations shall be deemed to have been received by the person or organization to whom it was addressed not later than the fifth day after the day of mailing.



Regulations

22                        The Lieutenant-Governor in Council may make regulations



(a)               respecting the information required to be contained in an application made under section 3;



(b)               prescribing the period for which a registration or renewal of registration of a farm business shall be valid;



(c)               prescribing the criteria for accreditation as a farm organization;



(d)               prescribing the period within which an accredited farm organization may apply for renewal of accreditation;



(e)               prescribing the period within which a notice accepting or refusing to accept an application for accreditation or for renewal of accreditation shall be given by the Registrar;



(f)                prescribing the organizations representing farmers in the Province for the purposes of section 12;



(g)               respecting the information required to be contained in the notice referred to in subsection 16(3) and prescribing the period within which the notice shall be filed with the Registrar;



(h)               respecting appeal boards, including, without limiting the generality of the foregoing, the appointment of the chairperson of an appeal board, the decision-making of an appeal board, the reimbursement of expenses of the members of an appeal board and any other question concerning the operation of an appeal board;



(i)                respecting the fees payable under this Act.



REPEAL

Repeal

23                        An Act to Recognize and Register Agricultural Producers and to Provide Stable Funding for New Brunswick Agricultural Federations, chapter 54 of the Acts of New Brunswick, 1998, is repealed.



COMMENCEMENT

Commencement

24                        This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

 

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