Ontario's New Agritourism Act: A Balancing Act
Reducing liabilities for farm-based tourism operators is the focus of new legislation in Ontario. The Growing Agritourism Act, tabled by Perth-Wellington MPP Matthew Rae, introduces a crucial shift in how farm operators are held responsible for visitor injuries. Before this legislation, under the Ontario Liability Law, farmers could face liability for any injury sustained on their property, irrespective of their efforts to mitigate risks. This placed a considerable financial burden on these businesses and threatened the very existence of many family farms that depend on agritourism to survive.
The Rationale Behind the Change
The rationale behind the change is clear. As MPP Rae pointed out, it's impractical to eliminate all hazards inherent to a working farm. "Someone from downtown Toronto may not be wearing the proper footwear. They may come out in stilettos to pick their pumpkins, not necessarily the smartest thing," he said. "We can't pave a walkway in every corner of the pumpkin patch." The law acknowledges the inherent risks associated with visiting a working farm and aims to provide a more equitable approach to liability.
Protecting Farm Operators from Frivolous Lawsuits
The Act requires farmers to warn visitors of these inherent risks, either through signage or contractual agreements. This measure aims to protect farm operators from frivolous lawsuits. Cheryl Haskett, the Chief Everything Officer of Udderly Ridiculous, a farm in Bright, Ont., offering experiences like alpaca walks and goat cuddles, expressed hope that the legislation will protect her business from lawsuits related to simple farm hazards. She highlighted the issue of visitors wearing inappropriate clothing for farm activities in pursuit of the perfect Instagram photo, underscoring the disconnect between the perception of risk and the reality of a working farm environment. She aptly summarized the situation by stating, "But common sense is not always common."
Balancing Protection and Responsibility
The new act doesn't grant farm operators complete immunity from lawsuits. Kevin Vallier, CEO of Agritourism Ontario, an association representing around 300 members, clarified that the legislation doesn't provide "carte blanche for agritourism operators to do whatever they want and never get sued." It provides a layer of protection against lawsuits arising from inherent risks associated with visiting an active farm. He cited a case of a farmer facing three lawsuits, each exceeding a million dollars in damages, due to visitor injuries from uneven ground – showcasing the severe financial implications of existing liability laws.
The Impact on Insurance Premiums
Haskett believes the legislation will also influence insurance premiums. She hopes it leads to lower premiums and increased competition within the insurance market, providing better options for agritourism operators. Currently, she pays thousands of dollars monthly to cover various aspects of her farm operations, including both regular farming and agritourism activities. The existing high insurance costs often limit choices, restricting farm operators to a single insurer even at a high premium.
The Waiver Conundrum
Udderly Ridiculous currently employs waivers for visitors participating in specific farm activities. However, this isn't always effective, as not all visitors participate in organized activities. The inherent risks remain for anyone on the farm property, and even those not signing waivers can potentially sue the farm. This highlights a broader concern about the vulnerability of family farms and their reliance on agritourism for survival. Haskett emphasizes, "We already have so few family farms left and there's so many family farms that are going by the wayside. [Agritourism] is a way sometimes for family farms to stay alive from one generation to the next." This underscores the vital role of agritourism for the long-term sustainability of these businesses and the importance of the new legislation for their continued viability. The new law presents a much-needed balance between safety and liability, offering a potential lifeline for Ontario’s family farms and the economic opportunities they provide.
A Future for Family Farms?
The Growing Agritourism Act represents a significant step towards addressing the liability challenges faced by Ontario's agritourism sector. By acknowledging the inherent risks involved and providing a clearer framework for liability, the act aims to protect family farms while still encouraging responsible practices. The long-term success of this legislation hinges on its effective implementation and the continued dialogue between farm operators, visitors, and policymakers to foster a safer and more sustainable agritourism industry in Ontario. This is crucial not only for the economic viability of family farms but also for preserving a vital part of Ontario's cultural heritage. The hope is that this will encourage more people to engage in responsible farm visits while protecting the livelihoods of those who open their farms to the public. The future of family farming in Ontario might well depend on this careful balance of risk and reward.
