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Introducing the second edition of Agriculture Law in Canada the only Canadian treatise on agricultural law offering comprehensive, national coverage of the legal issues facing this critical industry. Farming and its related industries have undergone many changes since the first edition was released in 1999. This new edition has been significantly updated to reflect the statutory and case law developments of the past 20 years.
New In This Edition
This revised edition of Agriculture Law in Canada offers a thoroughly updated examination of the major topics in this practice area. In addition to providing an analysis of developing case and statutory law â€" as well as new tips, tricks and considerations that have become relevant since the first edition was released â€" this publication features completely revised and updated chapters and sub-sections on:
The agreement of purchase and sale, with new jurisprudence and legislation, as well as a range of topics related to transactions, including special concerns and due diligence, personal property security legislation, conservation authorities, septic tanks, hydro easements, mineral and timber rights, zoning by-laws and work orders, environmental considerations, navigable waters and marketing board quotas
Leasing, including wind and solar energy leases, farm agricultural leases, farm residential leases and the general principles of residential tenancy legislation
Public control of farm land, which explores three broad themes of land use, including severance and division of farm land, as well as the legislation designed to balance farming and non-farming practices through the protection of what constitute normal farming practices and the increasingly relevant role of conservation authorities
Business organization of farm operations, including the pros, cons and considerations of a sole proprietorship, partnership, corporation and co-operative corporation
Farm financing, including financing under the Bank Act and Personal Property Security Act, and government financing for agriculture
Employment law, including pay equity legislation and new jurisprudence on whether workers are employees or independent contractors, particularly in the context of an animal welfare case
Liability on a farm, including nuisance, negligence, trespass, occupiers' liability, vicarious liability and the Rylands v. Fletcher rule for strict liability
Regulating production and sales of agricultural products, particularly in light of the elimination of the Canadian Wheat Board and changes to supply management since the publication of the text's first edition
Constitutional law, as played out through division of powers and Charter application to farm management and regulation
Farm succession and estate planning, with specific attention paid to matrimonial issues, marriage contracts, insurance and other practical considerations
Termination of a farm operation through sale, dissolution, insolvency and bankruptcy
Taxation of farming, whatever its corporate form
In addition, a new chapter in the book is dedicated to a discussion of the trade agreements recently completed by Canada and their effects on Canada's agriculture and agri-food industry and more generally on agricultural trade, including agreements with countries in Europe, the Pacific Rim and North America.
