Working on an acceptable definition
OFA Commentary 3509
Working on an acceptable definition
By Mark Wales, Vice-President, Ontario Federation of Agriculture
After years of debate and discussions with the provincial government about a definition of a farm and agriculture, we may have moved a bit closer to resolution of the issue recently.
Following a hearing of the Ontario Labour Relations Board in June, the board issued its finding on July 30. While we can’t claim to have won the war, we believe the Board ruling is an indication we have won a battle on the issue of defining a farm and agricultural labour activity.
Ken Forth, chair of the Labour Issues Co-ordinating Committee, tells us “the term farming has been so complex that few pieces of government legislation have attempted to define it.”
The case being reviewed by the Labour Relations Board had to do with an employee of a mushroom farm, Highline Mushrooms, on whether workers who pack mushrooms on the farm are considered farm workers and are covered by the related exemptions under the Employment Standards Act. The Board found ‘that the employee claimant performed work directly related to the primary production of mushrooms and that the exemption in section 2 (2) applies.’
It was determined that ‘packing is not a stand alone step in the production process, but is integrated with harvesting.’ The LICC tells us that the storage and transport of mushrooms and other fruits and vegetables, which follow packing, is understood by the farming industry and the Employment Standards Branch to be directly related to primary production – all favourable news for agriculture in this debate.
There are several directions the Ministry of Labour could take now on this issue. LICC is waiting to resume discussions with the ministry administration. We understand they will be getting back to LICC and its associates from the Ontario Federation of Agriculture.
At this point, the ministry could accept the ruling of the Labour Relations Board on the matter which would involve reversing directions in its manual, and they should, or they could keep their new position and move forward with that view – despite the finding of the Labour Relations Board. The ministry could also appeal the Board ruling to Divisional Court.
Whatever route the ministry decides to take, OFA and the LICC will be there to monitor its actions and take the necessary steps to protect agriculture’s interests in the labour relations field. From our perspective, packing of farm production of any type, in preparation for market has always been, and continues to be part of primary production.
We have asked the ministry for the history that is being used to guide the government on this issue. We have also asked the ministry for an opportunity to enter into consultation on the subject if the disagreement continues.
OFA and the Labour Issues Co-ordinating Committee will continue to be involved to protect the rights and concerns of farmers.
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Posted on 28 Aug 2009
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