Annual Report 2022-2023

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Message from the Chair

It is my pleasure to present the Annual Report of the Agriculture, Food and Rural Affairs Appeal Tribunal (Tribunal) for the year ending March 31, 2023.  The report focuses on the Tribunal’s achievements for the year.

The Tribunal serves as the adjudicative body for those who feel aggrieved by decisions made under various pieces of legislation under the auspices of the Ontario Ministry of Agriculture, Food and Rural Affairs.

The Tribunal continues to work hard to carry out its adjudicative mandate and achieve its goals.  We recognize the need to provide a fair and effective appeal mechanism to clients who come before us, and we have endeavoured to meet clients’ needs and expectations in the past year.

On behalf of the Tribunal members, I look forward to continuing to serve the agriculture and food sectors, as well as rural communities, throughout Ontario.

Yours truly,

Glenn Walker, Chair

Agriculture Food and Rural Affairs Appeals Tribunal

Table of Contents

Message from the Chair. 2

Glenn Walker, Chair. 2

1.0 The Agriculture, Food and Rural Affairs Appeal Tribunal 4

1.2 Mandate of Tribunal 4

1.3 Mission Statement of Tribunal 5

1.4 Values/Operating Principles. 5

2.0 Appeals. 5

2.1 Tribunal Authorities. 5

What can be Appealed to the Tribunal?. 5

Additional Tribunal Authorities. 6

2.2 Who can Appeal to the Tribunal?. 7

2.3 Powers. 7

Powers of the Minister. 7

Powers of the Courts. 7

3.0 Highlights from 2022-23. 8

3.1 Number of Matters Received by the Tribunal by Act in 2022/23: 8

4.0 Financial Performance. 10

4.1 Operating Expenditures. 10

5.0 Staff Resources. 11

6.0 Operational Performance. 12

6.1 Expected Outcomes. 12

6.2 Timeliness for Releasing Written Decisions after Hearings. 12

6.3 Client Satisfaction. 14

7.0 Compliance with Requirements of the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009. 15

8.0 Recruitment Activity. 15

2022–23 Membership Total Remuneration $204,589.50. 15

9.0 Inquiries. 16

 

1.0 The Agriculture, Food and Rural Affairs Appeal Tribunal

The Agriculture, Food and Rural Affairs Appeal Tribunal (Tribunal) is an adjudicative agency of the Ontario government where decisions made by other bodies can be appealed or where applications and complaints can be heard pursuant to legislation that authorizes the Tribunal to hear those matters.  The Chair and all Vice-Chairs also sit on a special roster to hear Agricultural Employees Protection Act, 2002 matters.  All members are part-time per diem appointees appointed by the Lieutenant Governor in Council.

The Tribunal’s hearing room and offices are in the Government Building at 1 Stone Road West, Guelph.  The Tribunal also conducts hearings throughout Ontario, as necessary, to improve its accessibility.

The Tribunal continues to hold its hearings electronically per Rule 18 of the Tribunal’s Rules of Procedure.

1.2 Mandate of Tribunal

Constituted under section 14 of the Ministry of Agriculture, Food and Rural Affairs Act, the mandate of the Tribunal is to provide an independent, accessible avenue of appeal on a variety of agricultural issues under the following provincial statutes and have them heard by an impartial and knowledgeable tribunal:

  • the Agricultural Employees Protection Act, 2002
  • the Agricultural Products Insurance Act, 1996
  • the Agricultural Tile Drainage Installation Act
  • the Animals for Research Act
  • the Animal Health Act, 2009
  • the Assessment Act
  • the Beef Cattle Marketing Act
  • the Commodity Board Members Act
  • the Drainage Act
  • the Farm Implements Act
  • the Farm Registration and Farm Organizations Funding Act, 1993
  • the Food Safety and Quality Act, 2001
  • the Grains Act
  • the Livestock Community Sales Act
  • the Livestock and Livestock Products Act
  • the Livestock Medicines Act
  • the Ministry of Agriculture, Food and Rural Affairs Act (for appeals of decisions made under the Farm Products Marketing Act and Milk Act)

1.3 Mission Statement of Tribunal

To provide a fair and impartial hearing and decision process for those who are aggrieved by a direction, policy, order, or decision, or who require the resolution of a dispute pursuant to legislation that falls under the mandate of the Agriculture, Food and Rural Affairs Appeal Tribunal.

1.4 Values/Operating Principles

The Tribunal values:

  1. Finding facts from evidence, leading to clearly reasoned and expressed decisions.
  2. Respect and consideration.
  3. Fairness and accessibility.
  4. Continuous professional development.
  5. Adherence to principles of the adjudicative process.
  6. Endeavouring to reach consensus in the decision-making process.

2.0 Appeals

2.1 Tribunal Authorities

What can be Appealed to the Tribunal?

  • Any order, direction, decision, or policy of the local marketing boards or of a director made under the Farm Products Marketing Act or the Milk Act.
  • Regulations of commodity boards.
  • Orders, directions, or decisions of the Ontario Farm Products Marketing Commission that apply specifically to the aggrieved person, a group of persons of which the aggrieved person is a member, or with respect to a particular dispute or incident involving the aggrieved person.
    • Commission regulations and policies, orders, directions, or decisions of the Commission that are of general application are not appealable to the Tribunal.
  • A producer or commodity board who is of the opinion that a member of the commodity board has contravened the Commodity Board Members Act may apply to the Tribunal to determine whether the member has contravened the Act.
  • A decision that results in the refusal to issue a licence, the refusal to renew a licence, or the suspension or revocation of a licence issued under the following Acts:
    • the Agricultural Tile Drainage Installation Act, the Animals for Research Act, the Animal Health Act, 2009, the Grains Act, the Food Safety and Quality Act, 2001, the Livestock Community Sales Act, the Livestock and Livestock Products Act, and the Livestock Medicines Act
  • Decisions of a Director to not include or remove premises (plants) from a list of plants that comply with the Beef Cattle Marketing Act and regulations
  • The eligibility of agricultural properties for the farm property tax class designation under the Assessment Act.
  • Applications and appeals arising out of the application of the Farm Implements Act.
    • Applications may arise from disputes between manufacturers or distributors and dealers of farm equipment, or between an end buyer and a dealer, distributor, or manufacturer. These disputes may relate to repair charges, warranties, repair parts, failure to perform, buy-back provisions, and serial number and safety standards.
    • Appeals may also arise from a decision of a director related to the registration of a dealer or distributor.
  • Complaints and applications under the Agricultural Employees Protection Act, 2002.
    • May involve requests for access to employees on properties controlled by the employer or complaints regarding non-compliance with the Act.
  • Appeals and applications under the Drainage Act include:
    • Appeals pertaining to the engineer’s report and assessments under sections 48 and 54 of the Act.
    • Appeals pertaining to the quality of the construction of a drainage works under section 64 of the Act.
    • Appeals from decisions of a Municipal Council to not proceed with a petition for drainage works, or where the municipality has not decided within 30 days after the filing of a petition to proceed with a drainage works under Section 5 of the Act.
    • Applications to correct an error in an engineer’s report or to vary assessments under sections 58(4) and 76 of the Act.

Additional Tribunal Authorities

The Drainage Act

  • Tribunal jurisdiction ranges from adjudicating complaints about assessments and allowances, to evaluating requests for modification of the drainage works including complaints of quality of construction and directing a municipal council to proceed with drainage works after a petition for drainage has been filed.
  • Its powers relate more to the operational or remedial provisions of the

The Farm Registration and Farm Organizations Funding Act, 1993

  • The Tribunal accredits general farm organizations, determines the eligibility of a Francophone farm organization to receive special funding, and decides on applications for exemption from registration and/or payment as required by the Act where individuals or farm businesses object to payment and/or registration because these actions would be in contravention of their genuinely held religious convictions and/or beliefs.

The Agricultural Products Insurance Act, 1996 (formerly the Crop Insurance Act)

  • Mandated to resolve all disputes arising out of the adjustment of loss under contracts of insurance between Agricorp and an insured person, provided the person has filed an appeal within the time allowed.
  • It can also rule on whether a person qualifies for a contract of insurance, if Agricorp has denied coverage.

2.2 Who can Appeal to the Tribunal?

An appellant can be a landowner, a producer, a processor, a consumer, an employee, a transporter, a dealer, a manufacturer, a distributor, an unincorporated association, or any other person or group of individuals who has a statutory right to appeal or make application to the Tribunal.

2.3 Powers

Powers of the Minister

Within 30 days after a decision has been made by the Tribunal under the Ministry of Agriculture, Food and Rural Affairs Act (arising from appeals of decisions made under the Farm Products Marketing Act or the Milk Act) and received by the Minister, the Minister may within 30 days, or within such longer period as may be determined by the Minister within the 30-day period:

  1. confirm, vary, or rescind the whole or any part of the decision
  2. substitute for the decision of the Tribunal such decision as the Minister considers appropriate; or
  3. by notice to the Tribunal, require the Tribunal to hold a new hearing of the whole or any part of the matter appealed to the Tribunal and reconsider its decision
  4. the minister has the power to extend the 30-day period at their discretion

Powers of the Courts

Decisions of the Tribunal with respect to licensing issues under the Agricultural Tile Drainage Installation Act, the Animals for Research Act, the Beef Cattle Marketing Act, the Grains Act, the Livestock Community Sales Act, the Livestock and Livestock Products Act and the Livestock Medicines Act may be appealed to the Superior Court of Justice (Divisional Court) in accordance with the rules of the Court.  Decisions of the Tribunal under the Assessment Act and the Farm Implements Act may be appealed to Divisional Court on matters of law only.  There are also limited appeals to the Referee under the Drainage Act.  All decisions of the Tribunal may be subject to judicial review.

3.0 Highlights from 2022-23

In 2022-23 the Tribunal received a total of 184 new appeals/applications in addition to the 63 matters carried forward from previous fiscal years for a total of 244 active matters.

By the end of the fiscal year, 22 matters had been withdrawn or were otherwise invalid, 211 decisions were released, and a total 233 matters were closed. There were 14 appeals/applications continuing to the next fiscal year.

3.1 Number of Matters Received by the Tribunal by Act in 2022/23:

 

Act # of New Applications/ Appeals Received # of Applications/Appeals Withdrawn / Invalid # of Decisions Issued* # of Cases  Closed # of Cases Continuing to 23-24
MAFRA Act 3 2 4 6 2
FRFOA- Religious Exemptions 154 1 175 176 3
Drainage Act 9 5 9 14 6
APIA 1 1 0 1 0
Farm Implements Act 3 0 2 2 1
Assessment Act 14 13 21 34 2
Total 184 22 211 233 14

*Total number of decisions may be higher than total number of cases due to more than one type of decision on the same file; e.g. motion decision, interim, final decision, or cost decision.

Ministry of Agriculture, Food and Rural Affairs Act (Appeals of Decisions made under Farm Products Marketing Act or Milk Act)

In 2022-23, the Tribunal received a total of three new appeals under the Ministry of Agriculture, Food and Rural Affairs Act (MAFRA Act) in addition to five appeals continuing from previous years. Four decisions were released, two appeals were withdrawn and a total of six matters before the Tribunal under the MAFRA Act were closed. Two appeals continued to the next fiscal year.

Farm Registration and Farm Organizations Funding Act, 1993

The Farm Registration and Farm Organizations Funding Act, 1993 established a system which provides general farm organizations with a reliable source of funding.  Under the Act, farm businesses with a gross farm income of $7,000 per annum or higher are required to register and to direct an annual registration fee to a farm organization that is accredited under the Act.  Provision is also made for individuals to be granted exemptions from registering and/or making payment under the Act based on religious beliefs and convictions. Registrants may also apply for a refund directly with the accredited farm organization within a prescribed time.

In 2022-23, the Tribunal received 154 applications for a religious exemption under the Act.  This is up from 98 applications in 2021-22 and 97 applications in 2020-21.  Each valid application was forwarded to the accredited farm organizations and reviewed by the Tribunal.  On average, applications were responded to within 10 days. In 2022-23, the Tribunal granted a total of 175 religious exemptions including 25 carried over from 2021-22.  Three applications are carried over to the next fiscal year.

Under the Farm Registration and Farm Organizations Funding Act, 1993, the Tribunal is also required to accredit general farm organizations and determine the eligibility of a Francophone farm organization to receive special funding every five years.  No such hearings were required to be held during the 2022-23 fiscal year.

Drainage Act

The Tribunal’s practice is to hold a single hearing for all appeals made with respect to a single drainage works.  Typically, there is more than one appellant on drainage appeals.  Hearings under the Drainage Act have moved from in-person hearings held where the drainage works is located to virtual hearings.

 In 2022-23, the Tribunal received new appeals relating to nine drainage works and eleven matters were carried over from previous fiscal years for a total of 17 active matters. By the end of the fiscal year 14 appeals were closed: Five drainage works appeals were either withdrawn or were found to be related to matters outside the jurisdiction of the tribunal.  Nine decisions were released. There were six Drainage Act matters continuing into the next fiscal year.

Agricultural Products Insurance Act

The Tribunal received one appeal under this Act in 2022-23 which was found to be outside the jurisdiction of the Tribunal and closed in the same fiscal year.

Farm Implements Act

The Farms Implements Act has two main functions – first, to regulate farm implement dealers and distributors within the province and, second, to resolve disputes concerning farm implements between a purchaser, dealer, distributor, or manufacturer.

Any person who wishes to carry on the business of a farm implements dealer or distributor within the province must register with the Director of the Farm Implements Act.  The Director may refuse to grant or renew or may suspend or revoke registration if the applicant or registrant is in breach of a condition of the registration or a provision of the Act or its regulations or would be if registered.

The Tribunal received three new applications under this Act during the 2022-23 fiscal year.  Decisions were made on two of the applications. One application is ongoing to the next fiscal year.

 Assessment Act

The Tribunal hears appeals referred to it by the Assessment Review Board regarding the eligibility of properties for the farm property class tax rate.  Properties which receive the farm property class tax rate are assessed at up to 25 per cent of the residential tax rate.

In 2022-23, the Tribunal received 14 appeals regarding farm property tax. In addition, there were 22 appeals continued from the previous fiscal year. A total of 34 Assessment Act matters were closed with 13 appeals withdrawn or found to be outside the jurisdiction of the Tribunal. Twenty-one decisions were released with two appeals being carried over into the next fiscal year.

4.0 Financial Performance

4.1 Operating Expenditures

 

Category 2022-23 2021-22

Actual

Budget Actual Variance
Transportation and Communications  

$31,700

 

$1,028.77

 

$30,671.23

 

$2,150.11

Services $227,700 $227,691.29 $8.71 $236,335.33

 

Supplies and Equipment $800 0 $800.00 0
Total $260,200 $228,720.06 $31,479.94 $238,485.44

 

The Tribunal operates under an operational expenses budget allocated by the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) and as such does not have its own audited financial statements. The Tribunal resource requirements are incorporated under the ministry’s business plan. The budget for operating expenses allocated will continue to be used to deliver on the Tribunal’s business priorities.

For 2022-23, the Tribunal was allocated $260,200 for its operating expenditures under the categories of transportation and communications ($31,600), services ($227,700), and supplies and equipment ($800). Actual operating expenditures totalled $228,720, resulting in underspending of $31,479.94.

Tribunal spending in the services category includes member per diem payments which totalled $227,691.29 in 2022-23 and represents a budget surplus of $8.71.

Tribunal spending in the transportation and communication category where reimbursement of member travel expenses is paid from was recorded as $1,028.77 or underspent by $30,671.23.   This significant underspending can be attributed to the COVID-19 pandemic. Because province-wide restrictions prevented the Tribunal from holding in-person hearings, its transportation and communications allocation remained largely untouched. The supplies and equipment category recorded actual spending of $0 or a budget surplus of $800.  The total surplus over the three categories has been recorded as $31,479.94.

Comparatively, in 2021-22, the Tribunal was allocated $308,500 for its operating expenditures under the categories of transportation and communications ($37,600), services ($270,000), supplies and equipment ($900).  Actual operating expenditures totalled $238,485.44 resulting in surplus budget of $70,014.56.

The Tribunal cannot predict how many new appeals will be brought forward by the public, clients, or stakeholders in any given fiscal year.  Budget forecasting is based on trends in historical volumes of hearings, active matters that transcend the previous fiscal year, government fiscal policies or social, environmental, or economic factors that have the potential to impact the sector.

5.0 Staff Resources

The ministry has three full-time employees who support and provide services to OMAFRA’s two adjudicative agencies, which includes the Tribunal.  The three full-time employees assigned include two Adjudicative Services Coordinators and one Adjudicative Administrative Assistant. The ministry provides administrative and financial support through the Corporate Planning and Projects Unit, Research and Corporate Services Division.  Legal services are provided to the Tribunal by the Ministry of the Attorney General through dedicated counsel at the Legal Services Branch of OMAFRA.

6.0 Operational Performance

6.1 Expected Outcomes

  • Efficient decision making and timely release of decisions.
  • The Tribunal’s target is to release decisions within 30 days of completion of a hearing except for decisions under the Ministry of Agriculture, Food and Rural Affairs Act which has a decision timeline of 20 days from the completion of a hearing.

6.2 Timeliness for Releasing Written Decisions after Hearings

In 2022-23, the Tribunal released decisions under the following Acts within the specified time frame:

Ministry of Agriculture, Food and Rural Affairs Act

The Tribunal released four decisions under this Act during the 2022-23 fiscal year and none were within the 20-day timeframe. The average number of days to release a decision under this Act was 74 days.

 

Fiscal Average Days to Release Decision Range of days Number/per cent

over 20 days

2022-23 74 44 – 120 4/4 (100%)
2021-22 35 1 – 88 4/6 (67%)
2020-21 52 28 – 72 3/3 (100%)
2019-20 18 18 0/1 (0%)
2018-19 63 63 1/1 (100%)

 

Farm Registration and Farm Organization Funding Act

Farm Registration and Farm Organization Funding Act: The Tribunal issued 175 decisions for religious exemption applications during the 2022-2023 fiscal year, including 25 carried over from previous fiscal. On average, decisions were released within 10 days of receiving the application. The Tribunal service standard is 30 days. For the 2022-2023 fiscal year, the standard was met 82 % of the time and for the carry-over from 2021-2022, it was met at 77%.

 Drainage Act

The Tribunal released 14 decisions under the Drainage Act in 22-23. On average, the total number of days to release a decision was 37.5 days. Five of the 14 decisions (or 35.7 per cent) required more than the 30-day service standard to release a decision.

 

Fiscal Average Days to Release Decision Range of days Number/per cent over 30 days
2022-23 37.5 8 – 68 5/14 (35.7%)
2021-22 25 2 – 62 6/16 (37.5%)
2020-21 284 284 1/1 (100%)
2019-20 53 5 – 171 8/14 (57%)
2018-19 82.5 2 – 544 5/11 (45%)

Agricultural Products Insurance Act

The Tribunal released decisions for two applications under this Act in 2022-23 and both were released within the 30-day service standard.

 

Fiscal Average Days to Release Decision Range of days Number/per cent over 30 days
2022-23 18.5 17 – 20 0/2 (0%)
2021-22 n/a n/a n/a
2020-21 12 12 – 12 0/1 (0%)
2019-20 20 18 – 22 0/2 (0%)
2018-19 2 1-3 0/2 (0%)

 

Farm Implements Act

Two decisions were released under the Farm Implements Act during the 2022-2023 fiscal year, and both were released within the 30-day service standard.

Assessment Act

Across the 21 decisions released in 2022-23, the average time to release a decision was 18 days and only two decisions released exceeded the 30-day service standard.

 

Fiscal Average Days to Release Decision Range of days Number/per cent over 30 days
2022-23 18 4 – 42 2/21 (9.5%)
2021-22 99 43 – 156 9/9 (100%)
2020-21 19 15 – 24 0/12 (0%)
2019-20 26 2 – 80 14/60 (23%)
2018-19 0 0 N/A

Agricultural Employee Protection Act

The Tribunal did not receive any new applications under this act in the 2022-2023 fiscal year.

 

Fiscal Average Days to Release Decision Range of days Number/per cent over 30 days
2022-23 n/a n/a n/a
2021-22 n/a n/a n/a
2020-21 182 182 1/1 (100%)
2019-20 0 0 NA
2018-19 133 133 1/1 (100%)

Note: For performance tracking purposes, the date a decision is released is used to designate the fiscal year in which it is tracked, rather than the date of the hearing.

7.0 Compliance with Requirements of the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009

The Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009 (ATAGAA) came into force (in part) on April 7, 2010.  The purpose of the ATAGAA is to ensure that adjudicative tribunals are accountable, transparent, and efficient in their operations by having in place governance and public accountability documents, which include a Memorandum of Understanding, Business Plan and Annual Report; and a Mandate and Mission Statement, Consultation Policy, Service Standard Policy, Ethics Plan and Member Accountability Framework by April 1, 2012.  The Tribunal continued to meet these requirements in the 2022-23 fiscal year.

In accordance with ATAGAA, the Tribunal reviewed its public accountability documents in November 2015 to determine whether they required any amendments.  The Tribunal was satisfied with the documents as written.

8.0 Recruitment Activity

 The Tribunal is guided by the mission of the Public Appointments Secretariat to ensure the most qualified individuals having the highest personal and professional integrity serve the public on the province’s provincial agencies.  Updated membership and respective term and compensation information for the Tribunal as of the 2022-2023 fiscal year is as follows:

2022–23 Membership Total Remuneration $227,691.29

Member Name Term Location Per Diem Rate
GLENN WALKER (Chair) 09-Jan-2022 – 08-Jan-2025 Chatham $788
STEVE MOUTSATSOS 06-May-2023 – 05-May-2026 Sudbury $788
MARC A. J. HUNEAULT 13-May-2023 – 12-May-2026 Sudbury $788
ROBERT FULLER 03-Jun-2023 – 02-Jun-2026 Simcoe $788
DON MCNALTY 07-Jul-2021 – 07-Jul-2023 Singhampton $538
JOHN JOHNSTON 08-Jul-2021 – 07-Jul-2023 Guelph $538
CHRISTINE GREYDANUS 31-Jan-2021 – 30-Jan-2024 Petrolia $788
KATIE DEBLOCK BOERSMA 28-Feb-2021 – 27-Feb-2024 Mitchell $788
TRICIA SCHOUTEN 28-Feb-2021 – 27-Feb-2024 Richmond $788
BRANDI NEIL 02-May-2021 – 01-May-2024 Orangeville $788
ANDREW MCBRIDE 17-Aug-2021 – 16-Aug-2024 Wingham $583
SARAH JUDD 22-Jul-2022 – 21-Jul-2025 Simcoe $472
JUDY DIRKSEN 15-Apr-2023 – 14-Apr-2026 Harriston $472
BETTY ANN MACKINNON 29-Apr-2023 – 28-Apr-2026 Glencoe, On $472
DAVID STEVENS 20-Jun-2021 – 19-Jun-2024 Springford $472
DAVID FAWCETT 29-Aug-2021 – 28-Aug-2024 Markdale $472

9.0 Inquiries

All inquiries to the Tribunal can be made as indicated below.

Agriculture, Food and Rural Affairs Appeal Tribunal

1 Stone Road West, Guelph, ON N1G 4Y2

Telephone:      519-826-3433

Fax:                  519-826-4232

Toll Free:         1-888-466-2372 ext. 519-826-3433

Email:              AFRAAT@ontario.ca

Website:          https://afraat.ca/

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