Provincial election creates legislation bottleneck

Thursday, May 8, 2014

by SUSAN MANN

The proposed non-refundable tax credit for farmers donating produce to food banks is on hold due to the provincial election because the government hadn’t yet amended its taxation legislation.

The tax credit is part of the Local Food Act passed in November 2013, but the credit and some other provisions of the Act weren’t proclaimed before the election was called. Neil Currie, Ontario Federation of Agriculture general manager, says the procurement goals for local food consumption by government that is part of the Local Food Act is also on hold because that too wasn’t proclaimed before the election call.

Premier Kathleen Wynne announced last Friday Ontario voters would be going to the polls after none of the opposition parties supported her government’s budget, brought down May 1. The election is on June 12.

Progressive Conservative agriculture critic Ernie Hardeman says the Act doesn’t have to be redone and the “proclamation can take place regardless of who is minister after the election.” But the current government can’t proclaim any legislation “when you’re a lame duck cabinet.” Hardeman says the cabinet is still there and “it’s kind of like a caretaker cabinet because there’s no government over it.”

The non-refundable tax credit for farmers’ produce donations and the Local Food Act’s procurement goals are just some of the pieces of government business that is being held up yet due to the election.

The proposed Ontario Great Lakes protection bill has died due to the election call, and even though the federation did a lot of work on the proposal “we didn’t like it because we felt it was unnecessary so we’re not disappointed to see that one go,” Currie says.

He notes proposed Ontario legislation that was in first or second reading was killed due to the election call but programs were not. “From our interest there was a lot of legislation that was out there, both government bills and private member bills.”

Currie says other bills in addition to the Great Lakes protection bill that have died include:

• The invasive species bill. He says that’s unfortunate because “we liked that one. We thought it would have gone through in this past session because my understanding was it was supported by all three parties as a good piece of legislation. We’re very disappointed that one didn’t get through. ”
• The fair minimum wage bill. That’s the legislation that would have provided for annual minimum wage increases based on the consumer price index.
• A Highway Traffic Act amendment for distracted driving. Currie says there was “minimal impact for us.”
• The company statute law amendment, which amended the new non-profit corporations bill. He says that means the not for profit corporations bill can’t be enacted now because “it needs amendments.”
• The waste reduction bill that was meant to replace the Waste Diversion Act.

Hardeman notes on-farm grain elevators have been fighting for quite a number of years for changes to property assessments that classified them as industrial instead of the classification they wanted of commercial on-farm elevators. “Everybody had agreed it was going to be changed and in fact the minister (Premier and Agriculture Minister Kathleen Wynne) had announced this at two or three different annual meetings of different farm organizations.”

But “it didn’t get done,” he notes, adding all that would have been required was for Wynne to implement it by regulation.

What happens now is “it can be done after an election by anyone,” he says.

Currie says the funding announced for beekeepers’ compensation goes ahead as does the money for the horse racing industry. “It’s only legislative changes that would be affected by this.”

Nathan Stevens, general manager of the Christian Farmers Federation of Ontario couldn’t be reached for comment. Susan Murray, Ontario Ministry of Agriculture and Food spokesman, didn’t get back to Better Farming regarding questions about what proposed legislation affecting farmers has been affected by the election call. BF