A Potential Class Action Law Suit

Issue # 2: A potential Class Action Law Suit

Under 5 (3) of the BC Assessment Act and similar legislation in any other province, a farmer must have annual income from the sale of farm products in order to have and keep Farm Status, as highlighted below in yellow.  We believe this demand imposes an ‘unreasonable burden’ on the farmer to begin with. Further, as a consequence to not having been able to show such income, despite all efforts to this effect and losing Farm Status, imposes ‘cruel and unusual punishment’ on the farmer who has to continue farming under Residential Status and higher costs.  Being subjected to ‘cruel and unusual punishment’ is a Charter violation.

In addition, the privileges, i.e., tax savings and other, Farm Status allows is enjoyed by any business other than farming, be that the owner of an apartment complex, a hardware store owner, a construction company or a law corporation, all are given tax savings in various ways but not on any is imposed the demand to show income in order to be allowed those privileges. By any logic, that spells ‘discrimination’. The law is not equally applied to all.

We want this law changed to this:

To hold Farm Status a farmer must have sufficient acreage in seed and must publicly offer a farm crop for sale.

And that is all government has a right to demand.

Calling on all farmers in BC and other provinces to let the relevant ministers know of your disapproval of this law and demand the change as indicated. Further, if government does not see the light, we call for a Class Action suit, to the Supreme Court of Canada, if necessary.

……………………………………………………………………………………………………………………

Charter of Rights

Legal Rights: Treatment or punishment

12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.

Assessment Act BC

Gross annual value requirements

5              (1) Despite section 4, the classification of land as a farm requires the production of primary agricultural products on the farm by the owner or lessee in either the 12 month period ending October 31, or in the preceding 12 month period, having a gross annual value at farm gate prices of at least

(a) $2 500 if the area of land is between 8 000 m2 and 4 ha,

(b) $2 500 plus 5% of the actual value of the land for farm purposes in excess of 4 ha, if the area of land is more than 4 ha,

(c) $10 000 if the total area of land is less than 8 000 m2, and

(d) despite paragraph (c), $2 500 if the area of land has been reduced to less than 8 000 m2 as a result of expropriation but only if the land remains in the same ownership.

(2) Despite subsection (1) (c), if land is classified as a farm in 1995 and if the gross value of production is less than $10 000, the land will continue to be classified as a farm so long as

(a) the total area of the owned parcel or parcels is less than 8 000 m2,

(b) the land remains in the same ownership,

(c) the assessor is satisfied that the owner earns the greater part of his livelihood from the sale of primary agricultural products produced on the land, and

(d) the land meets the other requirements of this regulation.

(2.1) Despite subsections (1) and (2), the classification of land as a farm under section 4 (3.1) (b) (iii) requires the production of primary agricultural products on the farm by the owner in either the 12 month period ending October 31, or in the preceding 12 month period, having a gross annual value at farm gate prices of at least $10 000.

(3) Despite subsections (1), (2) and (2.1), the sale of primary agricultural products from the farm must occur during each 12 month period ending October 31.

(4) In determining the gross annual value, the assessor must

(a) consider only the value of primary agricultural production which takes place on the farm, and

(b) include any unrealized value of primary agricultural production grown or raised on the farm in the 12 month period ending October 31.

[am. B.C. Regs. 343/96, ss. 3 and 4; 275/2009, Sch. s. 3.]