Act
Proposed Legislative Amendments to the Agricultural and Horticultural Organizations Act
Regulation Number(s):
N/A
Instrument Type:
Act
Bill or Act:
Agricultural and Horticultural Organizations Act
Summary of Decision:
Bill 139, Less Red Tape, More Common Sense, 2023, received Royal Assent on December 4, 2023. The proposed legislative amendments to the Agricultural and Horticultural Organizations Act were approved.
The legislative amendments to Section 13 regarding the payment of directors, officers or members of agricultural or horticultural societies for services performed in capacities other than their official duties came into force with Royal Assent of the Less Red Tape, More Common Sense Act, 2023 on December 4, 2023.
Legislative amendments to Section 15(1)(a), with consequent changes to Sections 11, 16 and 41, regarding options for less onerous financial reviews (for agricultural and horticultural societies and agricultural associations) as prescribed by regulation, come into force on a day to be named by proclamation of the Lieutenant Governor.
The legislative amendments to Section 13 regarding the payment of directors, officers or members of agricultural or horticultural societies for services performed in capacities other than their official duties came into force with Royal Assent of the Less Red Tape, More Common Sense Act, 2023 on December 4, 2023.
Legislative amendments to Section 15(1)(a), with consequent changes to Sections 11, 16 and 41, regarding options for less onerous financial reviews (for agricultural and horticultural societies and agricultural associations) as prescribed by regulation, come into force on a day to be named by proclamation of the Lieutenant Governor.
Analysis of Regulatory Impact:
The proposed amendments are enabling only, therefore there are no anticipated costs or cost-savings associated with the proposed amendments.
Further Information:
Agricultural and Horticultural Organizations Act
Proposal Number:
23-OMAFRA013
Posting Date:
October 19, 2023
Summary of Proposal:
The Agricultural and Horticultural Organizations Act sets out a legislative framework that provides legal status and direction for agricultural societies, horticultural societies and agricultural associations in the province of Ontario.
In October 2021, the Not-for-Profit Corporations Act, 2010 (ONCA) came into effect. ONCA is a more modern piece of legislation and pertains to a wider range of not-for-profit organizations. Some agricultural and horticultural volunteer organizations have indicated confusion in determining which rules apply to them between AHOA and ONCA and have requested more clarity and consistency between the two pieces of legislation. As such, the Ministry is proposing amendments to:
o Section 13 that would enable agricultural and horticultural organizations to compensate directors, officers and members for services performed for their organizations in capacities other than their official duties (e.g., cutting the grass at their fairgrounds), and
o Section 15 (1)(a), with consequent changes to Sections 11, 16 and 41, to remove the annual audit requirement for all organizations and add a regulation-making authority where options for financial reporting would be detailed in a future regulatory amendment.
These changes will improve clarity and simplify operations for volunteer agricultural and horticultural organizations.
The comment period for this posting was shortened due to the timing of Third Reading of Bill 139 in the House.
In October 2021, the Not-for-Profit Corporations Act, 2010 (ONCA) came into effect. ONCA is a more modern piece of legislation and pertains to a wider range of not-for-profit organizations. Some agricultural and horticultural volunteer organizations have indicated confusion in determining which rules apply to them between AHOA and ONCA and have requested more clarity and consistency between the two pieces of legislation. As such, the Ministry is proposing amendments to:
o Section 13 that would enable agricultural and horticultural organizations to compensate directors, officers and members for services performed for their organizations in capacities other than their official duties (e.g., cutting the grass at their fairgrounds), and
o Section 15 (1)(a), with consequent changes to Sections 11, 16 and 41, to remove the annual audit requirement for all organizations and add a regulation-making authority where options for financial reporting would be detailed in a future regulatory amendment.
These changes will improve clarity and simplify operations for volunteer agricultural and horticultural organizations.
The comment period for this posting was shortened due to the timing of Third Reading of Bill 139 in the House.
Contact Address:
Economic Development Policy Branch
1 Stone Road West Guelph
1 Stone Road West Guelph
Royal Assent Date:
December 4, 2023
Decision:
Approved