NFU-O regains general farm accreditation

Wednesday, October 23, 2013

by SUSAN MANN

When Ontario farmers sign up with a general farm organization for 2014 as part of the farm business registration process they will once again be able to select National Farmers Union–Ontario as their accredited farm group.

That’s because the Ontario Agriculture, Food and Rural Affairs Appeal Tribunal accredited NFU-O on Monday, five days after Judge Robert N. Beaudoin of the Ontario Superior Court of Justice said in a written ruling the group meets the accreditation criteria of the Farm Registration and Farm Organizations Funding Act and should be accredited.

Mark Cripps, spokesman for the Ontario Ministry of Agriculture and Food, says by email the farm business registration forms for the 2014 registration process haven’t been printed yet. “NFU-O will be on them.”

The other two accredited farm groups in Ontario that will be on the form for farmers to select are the Ontario Federation of Agriculture and the Christian Farmers Federation of Ontario.

Tribunal chair Kirk Walstedt says by email the tribunal will not appeal the Oct. 16 Superior Court of Justice ruling that said an order directing the tribunal to accredit NFU-O should be issued. Walstedt says the tribunal accredited NFU-O on Oct. 21.

Cripps said in an earlier interview that since NFU-O was the successful party in the hearing, it would be the one to write the order for the judge to sign and that the tribunal didn’t have to wait for the order to accredit the group.

NFU-O requested a judicial review of the tribunal’s 2012 decision denying it accreditation. It asked the court to set aside the tribunal’s decision and for an order directing the tribunal to accredit it. The hearing was held in Ottawa on Sept. 10. Beaudoin says the tribunal considered irrelevant factors when it denied the group accreditation.

“The tribunal accepts the court’s decision,” Walstedt writes.

John Sutherland, president of NFU-O, says, “that’s very good” of the tribunal to accredit the organization. But Sutherland says he doesn’t know yet how the two-step registration process will work for them because they weren’t accredited for this year when that new process was introduced.

Asked if NFU-O will attempt to get the revenue it lost for the roughly year and a half it wasn’t accredited, Sutherland says, “that’s a good thought. Maybe we might.”

Sutherland says he doesn’t yet know how much money that would amount to. Similarly, the organization hasn’t gotten to the point yet of finalizing the costs of the court case.

For the tribunal, Walstedt says they were represented by private sector counsel. To date, their legal costs are $13,522.

In an Oct. 17 news release outlining Beaudoin’s decision, National Farmers Union president Terry Boehm described NFU-O’s path to this accreditation as “torturous” and it has cost the organization “a great deal in terms of lost revenue, legal fees and damaged reputation.” But he commended the Ontario members’ commitment “in obtaining justice in this situation.”

NFU-O was first accredited in 2002 and has been accredited every three years since then except for 2012 when its application was turned down.

As for how the court’s decision will impact the tribunal’s work to accredit farm groups in the future, Walstedt responds there aren’t any pending accreditation matters currently before the tribunal. “The tribunal cannot comment on possible future matters,” he writes.

As part of the farm business registration legislation, farmers with gross incomes of $7,000 or more are required to register annually and pay a $195 plus HST fee to one of the three general farm groups. Farmers need that number to access various government programs.

Agricorp administers the registration process. The new step added this year is that farmers must also sign a membership form with the group they want to represent them. BF