Acts and Regulations

2007-70 - General

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2007-70
under the
Agricultural Producers
Registration and
Farm Organizations
Funding Act
(O.C. 2007-444)
Filed November 16, 2007
Under section 22 of the Agricultural Producers Registration and Farm Organizations Funding Act, the Lieutenant-Governor in Council makes the following regulation:
Citation
1This Regulation may be cited as the General Regulation - Agricultural Producers Registration and Farm Organizations Funding Act.
Definitions
2The following definitions apply in this Regulation.
“Act” means the Agricultural Producers Registration and Farm Organizations Funding Act. (Loi)
“appeal board” means the appeal board established under subsection 16(4) of the Act. (commission d’appel)
Application for registration and renewal of registration of farm businesses
3(1)An application to register a farming operation as a farm business or to renew the registration of a farming operation as a farm business shall contain the following information:
(a) the name, address, telephone number, fax number and e-mail address of the farming operation;
(b) the form of business organization that is used in carrying on the farming operation;
(c) if an individual carries on a farming operation, the name, address, telephone number, fax number and e-mail address of the individual;
(d) if a partnership carries on a farming operation, the name, address, telephone number, fax number and e-mail address of the partner acting as the partnership’s representative for the filing of the application;
(e) if a corporation carries on a farming operation, the name, address, telephone number, fax number and e-mail address of the officer acting as the corporation’s representative for the filing of the application;
(f) the type of farming activity performed by the farming operation;
(g) the approximate annual gross income of the farming operation with reference to the income ranges specified in the form provided by the Registrar;
(h) the method of payment of fees referred to in subsection (2);
(i) the option for the person who carries on a farming operation to seek membership in an accredited farm organization;
(j) the list of accredited farm organizations with whom the person who carries on a farming operation may seek membership; and
(k) a statement by the person who carries on a farming operation or the representative of the farming operation certifying the following:
(i) the information contained in the application is complete and accurate; and
(ii) the person who carries on a farming operation or the representative of the farming operation understands that it is an offence to make a false statement in the application.
3(2)The fee payable for an application for registration or for renewal of registration as a farm business is based on the annual gross income of the farming operation or farm business, as the case may be, as indicated in the income tax return submitted to the Canada Revenue Agency under the Income Tax Act (Canada) for the tax year most closely corresponding to its fiscal year:
Annual Gross Income
Fee
$1 to $49,999
$165
$50,000 to $149,999
$250
$150,000 to $249,999
$360
$250,000 to $499,999
$440
$500,000 to $749,999
$550
$750,000 and more
$675
3(3)If, during the first year that a farm organization is accredited under the Act, a person who carries on a farming operation indicates in the application for registration of his or her farming operation as a farm business that he or she is seeking membership in an accredited farm organization and that person is already a member of the accredited farm organization, the fee for registration shall be calculated using the formula,
(A – B) (C ÷ 365)
where
A
is the fee payable by a person who carries on a farming operation under subsection (2);  
 
B
is the membership fee paid by a person who carries on a farming operation to an accredited farm organization during the current registration period;  
 
C
is the number of days left in the current registration period.
2017-42
Period of registration or renewal of registration
4The registration or renewal of registration of a farming operation as a farm business expires on the thirty-first day of January.
2017-42
Application for accreditation of farm organization
5An organization representing farmers in the Province shall meet the following criteria for the purposes of subsection 6(1) of the Act:
(a) the organization is a corporation that is incorporated or authorized to carry on business in the Province under the laws of New Brunswick or has an affiliate, district, chapter or branch in the Province;
(b) the elected members of the board or executive committee of the organization or the affiliate, district, chapter or branch in the Province, as the case may be, are resident in the Province;
(c) the majority of the members of the organization, or the majority of the members of the affiliate, district, chapter or branch in the Province, as the case may be, carry on a farm business in the Province;
(d) the purpose of the organization or the affiliate, district, chapter or branch in the Province, as the case may be, is to represent farmers in the Province;
(e) the members of the organization carry on at least 5% of the total number of farming operations in the Province, as identified in the most recent Census of Agriculture taken by Statistics Canada;
(f) the organization meets either of the following criteria in at least 4 counties in the Province:
(i) where there are less than 200 farming operations in a county, the members of the organization carry on at least 10 of these farming operations; or
(ii) where there are 200 or more farming operations in a county, the members of the organization carry on at least 5% of total number of farming operations in that county;
(g) the members of the organization or the members of the affiliate, district, chapter or branch in the Province, as the case may be, produce at least 5 of the agricultural commodities of the Province;
(h) the organization promotes education or training in respect of agricultural matters; and
(i) the organization provides advice and analysis concerning agricultural issues on a regular basis to the Government of New Brunswick, the Government of Canada, advisory bodies or other groups.
Renewal of accreditation
6An accredited farm organization may, within 6 months before the expiry of its accreditation, apply to the Registrar for renewal of accreditation.
Notice of decision of Registrar
7The Registrar shall advise the farm organization in writing of the Registrar’s decision to accept or refuse to accept the application for accreditation or for renewal of accreditation within 60 days after receiving the application for accreditation or for renewal of accreditation.
Organization deemed to be accredited farm organization
8The company incorporated under the corporate name of The Agricultural Alliance of New Brunswick/L’Alliance agricole du Nouveau-Brunswick Inc. is deemed to be an accredited farm organization for the purposes of section 12 of the Act.
Appeal board
9(1)The employee of the Department of Agriculture, Aquaculture and Fisheries who is appointed by the Minister as a member of the appeal board shall serve as Chair of the appeal board.
9(2)Each member of the appeal board is entitled to one vote.
9(3)A decision of the majority of the members of the appeal board is the decision of the appeal board.
9(4)Each member of the appeal board is entitled to be reimbursed for traveling and other expenses incurred by the member in the performance of his or her duties in accordance with the Travel Directive of the Treasury Board.
2010, c.31, s.15; 2016, c.37, s.13
Appeal
10(1)A person or organization making an appeal shall file a written notice referred to in subsection 16(3) of the Act with the Registrar within 30 days after receipt of the decision of the Registrar.
10(2)The notice referred to in subsection (1) shall include the name and address of the person or organization making the appeal, contain a statement of the matter being appealed and be accompanied by a copy of all correspondence between the person or organization making the appeal and the Registrar concerning the matter being appealed.
10(3)The Registrar shall, within 30 days after the Registrar receives the notice referred to in subsection (1), serve upon the person or organization making the appeal and the members of the appeal board written notice of the time, date and place the appeal is to be heard.
10(4)The appeal board shall hear the appeal not more than 60 days after the Registrar receives the notice referred to in subsection (1) but it may, at the request of the person or organization making the appeal, adjourn the appeal for such period of time as it considers appropriate.
10(5)The appeal board shall, within 30 days after hearing the appeal, advise in writing the person or organization making the appeal and the Registrar of its decision.
Commencement
11Sections 3 and 4 of this Regulation come into force on December 1, 2007.
N.B. This Regulation is consolidated to October 27, 2017.