When doing the ‘right thing’ environmentally can also be good business

In the rough equivalent of an artist signing his work, Craig Cook is photographed alongside the solar panel array his experience and knowledge led to.

By Jeff Tribe

Agritourism Ontario (AO) Chief Executive Officer Kevin Vallier was permitted a quiet moment of celebration this past December on the one-year anniversary of provincial Bill 186, The Growing Agri-Tourism Act.

Vallier, along with AO board chair Darlene Downey worked closely with Perth-Wellington MPP Matthew Rae’s determined support for his private member’s bill. Only a tiny percentage of such bills actually become legislation said Vallier. Rae, who comes from a farming background, both wrote the bill and followed its progress through to passage. He is a member of the ruling Progressive Conservative Party of Ontario, but the bill passed unanimously said Vallier.

“We had great support from all four parties.”

In essence says Vallier, the bill provides a layer of protection for farm owners who welcome the public onto their property. It is not blanket coverage he cautions. Owners must comply with regulations including the posting of warning signs, and if an injury occurs due to negligence, there still can or will be legal consequences.

However, it does work on the assumption there are inherent risks on an active and working farm.

“And if you voluntarily walk onto that farm, you assume those risks.”

Vallier referred to illustrative examples from his home Niagara region.

“I think we had two lawsuits from people who sprained their ankles because the ground was uneven.”

The lawsuits were for $1,000,000 said Vallier, an amount not anticipated to be awarded through court proceedings. However, insurance companies may choose to settle for a lesser yet still significant amount to make a potential problem go away, or face significant legal costs.

“And then over time, liability insurance premiums for agri-tourism operators have just skyrocketed. Ten, 20, 30, 40… we’ve seen 50 per cent increases year-over-year.”

As mentioned, landowners are still subject to legal action via negligence, however Bill 186 is intended to address threats of the ankle sprain or bee sting variety, or says Vallier, ‘someone’s fingers getting nipped when feeding a baby goat a carrot.’

Based on some ‘early wins’, Vallier is happy to report AO clients who faced rising liability insurance premiums have actually seen them come down, others previously unable to obtain insurance, able to do so.

“I’m sure insurance companies are waiting to see the strength of this legislation and how it holds up in court, but we’re confident it will.”

The rebranded AO’s founding body has been around since the mid 70’s says Vallier, a time when ‘agritourism’ wasn’t a recognized definition, most operations representing a produce stand at the end of the driveway. His own is simple, any farmer who welcomes the public onto their property. 

Over the years, the organization has evolved along with farmers looking to either diversify or add to their operations in ventures like corn mazes, on-farm markets, pick-your-own produce or cut-your-own Christmas trees, sugar bushes and petting zoos. Beyond providing economic opportunity, each is a chance to bridge the rural-urban divide Vallier believes, for city folk increasingly disconnected from rural Ontario.

“It’s a fun and interactive way to learn about farmers and agriculture as well.”

The organization (agritourismontario.com) offers membership services including in-person workshops, educational webinars and a popular annual bus trip exploring other operations. Members tend to be highly-collaborative credits Vallier, typically willing to share best practices and experiences with their fellows.

AO is also active in advocacy both at the provincial and municipal levels, focussing on municipal planners in particular. Ironically, says Vallier, local regulations intended to retain farmland as farmland can actually provide unwelcome complications, red tape and planning barriers which can add to an agritourism-based operation’s challenges.

“They put a burden on the farmer or their children who will eventually throw their hands up and sell because it’s just not worth it.”

Once a piece of farmland is sold and converted into a parking lot or business or residential development, it’s never coming back says Vallier. The organization is not saying farmers should be allowed to do whatever they want, wherever they want.

“But there should be some compromise.”

The Growing Agri-Tourism Act is an example of just that he concluded, ‘good legislation’ based on a practical approach with the potential to make a real difference for Ontario’s producers.

“It’s a bill that is a benefit to farmers in agri-tourism.” 