Ontario Bill 186 (43rd Parliament, 1st Session)

Bill 186, 43-1

Ontario — Bills

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Bill 186, Growing Agritourism Act, 2024

Rae, Matthew

Royal Assent received. Statutes of Ontario 2024,

chapter 38

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Royal Assent

Original

Bill 186 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 186 and does not form part of the law.

Bill 186 has been enacted as

Chapter 38 of the Statutes of Ontario, 2024.

The

Bill enacts the Growing Agritourism Act, 2024 . The

Act applies in respect of agritourism activities that are carried out as part

of a farming business that has an annual gross income of $7,000 or more.

Agritourism activities are defined as agriculture related educational,

entertainment, historical, cultural, limited accommodations or recreational activities,

including you-pick operations or farm markets, conducted on a farm that allows

or invites members of the general public to observe, participate in or enjoy

that activity.

The

Act provides that if an agritourism provider includes warning language set out

in the Act in signs at or near the main entrance to each agritourism activity or

in every contract entered into with each participant in respect of agritourism

activities, no cause of action arises against an agritourism provider for any

harm a participant sustains during an agritourism activity if that harm is a

result of a risk inherent in an agritourism activity. The Act also provides

that agritourism providers are not required to eliminate risks inherent in an agritourism

activity.

Bill 186 2024

Act to limit the liability in respect of agritourism

Preamble

Agritourism

is a form of nature-based or culinary tourism that allows visitors to learn

about, explore and taste Ontario’s bountiful agriculture products. Agritourism

is an industry ripe for growth and economic opportunity, offering Ontario

farmers diversified incomes.

This

Act will provide some consistency across Ontario’s agritourism providers and

ensure visitors and participants are aware of the inherent risks associated

with agritourism activities.

Therefore

His Majesty, by and with the advice and consent of the Legislative Assembly of

the Province of Ontario, enacts as follows:

Definitions

this Act,

“agricultural

operation” has the same meaning as in the Farming and Food

Production Protection Act, 1998 ; (“exploitation agricole”)

“agritourism

activity” means an agriculture related educational, entertainment, historical,

cultural, limited accommodations or recreational activity, including you-pick

operations or farm markets, conducted on a farm that allows or invites members

of the general public to observe, participate in or enjoy that activity; (“activité

agrotouristique”)

“agritourism

provider” means a person who owns, operates, provides or sponsors an

agritourism activity, whether or not for a fee, or an employee of such a person

who engages in or provides agritourism activities; (“fournisseur

agrotouristique”)

“farming

business” has the same meaning as in the Farm Registration

and Farm Organizations Funding Act, 1993 ; (“entreprise agricole”)

“participant”

means an individual, other than an agritourism provider, who observes or

participates in an agritourism activity; (“participant”)

“risk

inherent in an agritourism activity” means a danger or condition that is an

integral part of an agritourism activity, including,

(

a) the

surface and subsurface conditions of land,

(

b) the

behaviour or actions of wild animals not kept by or under the control of an

agritourism provider,

(

c) the

behaviour or actions of domestic animals other than a dog in respect of which

an order has been made under subsection 4 (3) of the Dog

Owners’ Liability Act before the day the agritourism activity is engaged

in,

(

d) the

ordinary dangers associated with structures or equipment ordinarily used in

farming operations,

(

e) the

possibility of contracting illness resulting from physical contact with

animals, animal feed, animal waste or surfaces contaminated by animal waste,

and

(

f) the

possibility that a participant may act in a negligent manner, including by

failing to follow instructions given by the agritourism provider or by failing

to exercise reasonable caution while engaging in the agritourism activity that

may contribute to injury to that participant or another participant. (“risque

inhérent à une activité agrotouristique”)

Application

(1) This

Act applies in respect of agritourism activities that are carried out as part

of a farming business that had, subject to subsection (2), an annual gross

income of $7,000 or more in the year before the agritourism activities are

carried out.

Same

(2) Income

from agritourism activities shall not be included for the purpose of

determining gross annual income for the purpose of subsection (1).

Limitation

on liability

(1) No

cause of action arises against an agritourism provider for any harm a participant

sustains during an agritourism activity if the participant is harmed as a

result of a risk inherent in an agritourism activity and nothing in this

section requires an agritourism provider to eliminate risks inherent in an agritourism

activity.

Same

(2) Subsection

(1) does not apply unless the agritourism provider,

(

a) posts

a sign bearing the wording set out in

section 4 in black letters not less than

three centimetres in height on a white background in a clearly visible location

at or near the main entrance to each agritourism activity; or

(

b) includes

the wording set out in

section 4 in a written contract entered into between the

agritourism provider and the participant in respect of the agritourism activity.

Exceptions

(3) Subsection

(1) does not relieve the agritourism provider of liability in the following

circumstances:

1. The

agritourism provider commits

an act of gross negligence or omission concerning

the safety of a participant that proximately causes death or injury to the

participant.

2. The

agritourism provider has actual knowledge of any of the following and does not

make that danger known to the participant before the participant engages in an

agritourism activity:

i. A

dangerous condition with respect to the land, facilities or equipment used in

the agritourism activity, which proximately causes death or injury to the

participant.

ii. The

dangerous propensity of an animal used in the agritourism activity, which

proximately causes death or injury to the participant.

3. The

agritourism provider intentionally injures a participant or intentionally

damages a participant’s property.

4. The

agritourism provider commits any other act, error or omission that constitutes wilful

misconduct or criminal conduct that proximately causes death or injury to the

participant.

Warning

language

The wording

referred to in subsection 3 (2) is the following:

1. WARNING:

under Ontario law, an agritourism provider is not liable for the death or

injury or illness of a participant in an agritourism activity conducted at this

agritourism location if that injury or death or illness results from the

inherent risks of that agritourism activity. Inherent risks of agritourism

activities include, but are not limited to, the risk of injury inherent to

land, equipment and animals as well as the potential for you as a participant

to act in a negligent manner that may contribute to your injury or death. You

are assuming the risk of participating in this agritourism activity.

Commencement

This Act comes into force on the day it receives Royal Assent.

Short

title

The

short title of this Act is the Growing Agritourism Act, 2024 .

Bill 186 Original (PDF)

EXPLANATORY

NOTE

The

Bill enacts the Growing Agritourism Act, 2024 . The

Act applies in respect of agritourism activities that are carried out as part

of a farming business that has an annual gross income of $7,000 or more.

Agritourism activities are defined as agriculture related educational,

entertainment, historical, cultural, limited accommodations or recreational activities,

including you-pick operations or farm markets, conducted on a farm that allows

or invites members of the general public to observe, participate in or enjoy

that activity.

The

Act provides that if an agritourism provider includes warning language set out

in the Act in signs at or near the main entrance to each agritourism activity or

in every contract entered into with each participant in respect of agritourism

activities, no cause of action arises against an agritourism provider for any

harm a participant sustains during an agritourism activity if that harm is a

result of a risk inherent in an agritourism activity. The Act also provides

that agritourism providers are not required to eliminate risks inherent in an agritourism

activity.

Bill 186 2024

Act to limit the liability in respect of agritourism

Preamble

Agritourism

is a form of nature-based or culinary tourism that allows visitors to learn

about, explore and taste Ontario’s bountiful agriculture products. Agritourism

is an industry ripe for growth and economic opportunity, offering Ontario

farmers diversified incomes.

This

Act will provide some consistency across Ontario’s agritourism providers and

ensure visitors and participants are aware of the inherent risks associated

with agritourism activities.

Therefore

His Majesty, by and with the advice and consent of the Legislative Assembly of

the Province of Ontario, enacts as follows:

Definitions

this Act,

“agricultural

operation” has the same meaning as in the Farming and Food

Production Protection Act, 1998 ; (“exploitation agricole”)

“agritourism

activity” means an agriculture related educational, entertainment, historical,

cultural, limited accommodations or recreational activity, including you-pick

operations or farm markets, conducted on a farm that allows or invites members

of the general public to observe, participate in or enjoy that activity; (“activité

agrotouristique”)

“agritourism

provider” means a person who owns, operates, provides or sponsors an

agritourism activity, whether or not for a fee, or an employee of such a person

who engages in or provides agritourism activities; (“fournisseur

agrotouristique”)

“farming

business” has the same meaning as in the Farm Registration

and Farm Organizations Funding Act, 1993 ; (“entreprise agricole”)

“participant”

means an individual, other than an agritourism provider, who observes or

participates in an agritourism activity; (“participant”)

“risk

inherent in an agritourism activity” means a danger or condition that is an

integral part of an agritourism activity, including,

(

a) the

surface and subsurface conditions of land,

(

b) the

behaviour or actions of wild animals not kept by or under the control of an

agritourism provider,

(

c) the

behaviour or actions of domestic animals other than a dog in respect of which

an order has been made under subsection 4 (3) of the Dog

Owners’ Liability Act before the day the agritourism activity is engaged

in,

(

d) the

ordinary dangers associated with structures or equipment ordinarily used in

farming operations,

(

e) the

possibility of contracting illness resulting from physical contact with

animals, animal feed, animal waste or surfaces contaminated by animal waste,

and

(

f) the

possibility that a participant may act in a negligent manner, including by

failing to follow instructions given by the agritourism provider or by failing

to exercise reasonable caution while engaging in the agritourism activity that

may contribute to injury to that participant or another participant. (“risque

inhérent à une activité agrotouristique”)

Application

(1) This

Act applies in respect of agritourism activities that are carried out as part

of a farming business that had, subject to subsection (2), an annual gross

income of $7,000 or more in the year before the agritourism activities are

carried out.

Same

(2) Income

from agritourism activities shall not be included for the purpose of

determining gross annual income for the purpose of subsection (1).

Limitation

on liability

(1) No

cause of action arises against an agritourism provider for any harm a

participant sustains during an agritourism activity if the participant is

harmed as a result of a risk inherent in an agritourism activity and nothing in

this

section requires an agritourism provider to eliminate risks inherent in an

agritourism activity.