Farm Registration Act

CHAPTER 3

OF THE

ACTS OF 1994-95

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An Act to Provide for
a Farm Registration System

Short title

1

This Act may be cited as the Farm Registration Act. 1994-95, c. 3, s. 1.

Purpose of Act

2

The purpose of this Act is to provide for

(a) a farm-business registration system designed to facilitate access to the programs of government by farm businesses;

(b) the creation of a data base that may be used

(i) by government departments to verify farm-business eligibility for programs of assistance, and

(ii) for the development of agriculture policy; and

(c) the fair and equitable funding of general farm organizations by farm businesses. 1994-95, c. 3, s. 2.

Interpretation

3 (1)

In this Act,

(a) "Advisory Committee" means the Advisory Committee established pursuant to this Act;

(b) "Appeal Committee" means the Appeal Committee established pursuant to this Act;

(c) "Department" means the Department of Agriculture and Marketing;

(d) "farm business" means a farming business within the meaning of the Income Tax Act (Canada);

(e) "Minister" means the Minister of Agriculture and Marketing;

(f) "Registrar" means the Registrar of Farms appointed pursuant to this Act.

Group is not general farm organization

(2)

A commodity group, marketing board or issue-specific group is not a general farm organization for the purpose of this Act.

Recognition of general farm organization

(3)

For the purpose of this Act, the Nova Scotia Federation of Agriculture is recognized as a general farm organization unless this recognition is revoked by the Advisory Committee. 1994-95, c. 3, s. 3.

Supervision of Act

4

The Minister has the general supervision and management of this Act and the regulations. 1994-95, c. 3, s. 4.

Registrar of Farms

5 (1)

The Minister may appoint a person employed in the Department to be the Registrar of Farms.

Duties of Registrar

(2)

The Registrar of Farms shall

(a) receive applications for registration pursuant to this Act;

(b) receive and process fees collected pursuant to this Act as part of the registration process;

(c) administer and oversee the registration process and data collected pursuant to this Act; and

(d) perform such other functions as are assigned to the Registrar by the Minister. 1994-95, c. 3, s. 5.

Advisory Committee

6 (1)

There shall be an Advisory Committee consisting of

(a) the Registrar and one other employee of the Department appointed by the Minister;

(b) one person appointed by each general farm organization; and

(c) such other number of persons, not exceeding three, appointed by the Minister.

Term of members

(2)

The members of the Advisory Committee shall be appointed for such terms, not to exceed three years, as the Minister determines.

Chair of Committee

(3)

The person appointed to the Advisory Committee pursuant to clause (1)(a) who is not the Registrar is the Chair of the Advisory Committee.

Duties of Committee

(4)

The Advisory Committee shall

(a) provide advice and make recommendations to the Minister on the farm-registration process and the development of regulations;

(b) establish the criteria to be a general farm organization for the purpose of this Act and determine whether an organization meets those criteria; and

(c) perform such other functions as are determined by the Minister.

Reasonable expenses and fees

(5)

The members of the Advisory Committee, other than the members pursuant to clause (1)(a), may be paid such reasonable travelling and living expenses and such fees as the Minister determines. 1994-95, c. 3, s. 6.

Appeal Committee

7 (1)

There shall be an Appeal Committee consisting of

(a) one person who is an employee of the Department appointed by the Minister;

(b) one registered farm-business operator appointed by each general farm organization; and

(c) at the discretion of the Minister, one other person appointed by the Minister.

Term of members

(2)

The members of the Appeal Committee shall be appointed for such term, not to exceed three years, as the Minister determines.

Chair of Appeal Committee

(3)

The person appointed to the Appeal Committee pursuant to clause (1)(a) is the Chair of the Appeal Committee.

Reasonable expenses and fees

(4)

The members of the Appeal Committee, other than the member pursuant to clause (1)(a), may be paid such reasonable travelling and living expenses and such fees as the Minister determines. 1994-95, c. 3, s. 7.

Annual registration

8 (1)

Upon payment of the annual fee prescribed by the regulations, a farm business may register with the Registrar, on an annual basis, the information prescribed by the regulations.

Annual registration

(2)

With the approval of the Registrar, a farm operation that is not a farm business may, upon payment of the annual fee prescribed by the regulations, register with the Registrar, on an annual basis, the information prescribed by the regulations.

Use of annual fees

(3)

Subject to the regulations, the fees referred to in subsections (1) and (2) shall be used in support of general farm organizations.

Refund of fees

(4)

A farm business or a farm operation referred to in subsection (2) may apply to the Registrar for a refund of the annual fees paid pursuant to this Section and the Registrar shall refund the fees.

Inspection and entry

(5)

For the purpose of verifying information submitted to the Registrar pursuant to this Section, the Registrar, or a person authorized by the Registrar, may

(a) at all reasonable times, inspect, examine, check or audit the books, records and inventory of a farm business or farm operation; or

(b) enter upon and inspect any land, place or premises owned or occupied by a farm business or farm operation. 1994-95, c. 3, s. 8.

Application of Freedom of Information Act

9

For greater certainty, the Freedom of Information and Protection of Privacy Act applies to information submitted to the Registrar pursuant to Section 8. 1994-95, c. 3, s. 9.

Audit by Auditor General

10

The registration process under this Act is subject to audit by the Auditor General or such other person as determined by the Auditor General. 1994-95, c. 3, s. 10.

Time limit for appeal

11 (1)

Any person directly affected by a decision made pursuant to this Act may, within sixty days of the decision, appeal to the Appeal Committee.

Powers of Appeal Committee

(2)

The Appeal Committee may vary or confirm a decision made pursuant to this Act. 1994-95, c. 3, s. 11.

Regulations

12 (1)

The Governor in Council may make regulations

(a) respecting the registration process;

(b) respecting forms to be used for the purpose of this Act;

(c) prescribing fees to be paid;

(d) respecting the refunding of fees;

(e) defining any term used but not defined in this Act;

(f) respecting such matters or things as the Governor in Council considers necessary to carry out effectively the intent and purpose of this Act.

Regulations Act

(2)

The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act. 1994-95, c. 3, s. 12.