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Ecological Farm Internships and the Law

in 2018/Current Issue/Organic Community/Winter 2018

Charles Z Levkoe and Michael Ekers

Originally published by Ecological Farmers Association of Ontario in “Ecological Farming in Ontario”. This is part 4 of a 4 part series on research into unpaid farm labour. While the research was conducted with farms in Ontario, much of the findings likely carry over to BC. In 2017, the authors published a workshop report on Ecological Farm Internships that is available for download here: www.foodandlabour.ca/results-and-reflections.

This article is the fourth in a series that describes the increasing trend of non-waged interns working on ecological farms across Ontario. In this article we explore some of the legal implications of these practices and the ensuing concerns from farmers and interns across the province. This article should not, under any circumstances, be considered legal advice and we recommend that the appropriate government departments or legal specialists be contacted regarding specific questions. Also, the laws surrounding farm internships in Ontario are extremely vague. We do not try to determine whether these internships are legal or not, as we are ill-equipped to do so as non-lawyers, but we do attempt to highlight the legal landscape as we understand it and the gaps and ambiguities that deserve further legal research

In previous articles, we established that ecological farm internships offer many things to trainees (e.g., knowledge and skill training), farmers (e.g., support for ecological food production) and the broader food movement. However, the legality of these labour arrangements in Ontario remains uncertain, especially after cases have been settled elsewhere in which unpaid interns were awarded back-wages. For example, in 2013, two farm interns in British Columbia claimed their work arrangement did not meet provincial employment standards and settled out of court for several months’ worth of back-wages. This case caused significant concern for farmers across the country using non-waged interns.

There have been increasing government crackdowns on (non-agricultural) internship programs throughout North America. According to the Ontario Ministry of Labour, between September and December 2015 employment standards officers found that of 77 workplaces that had interns, almost a quarter did not meet legal requirements under the Employment Standards Act (ESA). As a result, many Ontario farmers have been deeply concerned that their use of non-wage interns could be judged in contravention of the law. One farmer commented, “I worry sometimes because there are some farms who aren’t doing things properly with payroll and that’s the type of thing that could end with crackdowns that affect all of us”. A farmer and non-profit director explained, “Some farmers are surprised when I suggest that there’s a risk because they are technically breaking labour rules and relying on the good will of the intern and the internship going well to avoid litigation down the line”.

In Ontario, there are two main areas of legislation that impact farm internships. First, the ESA sets out the rights and responsibilities of both employees and employers and contains fairly clear guidelines to what makes an internship. In short, if you perform work that is of benefit to another person or business, you are considered an employee and therefore entitled to rights under the ESA such as minimum wage. One exception to these rules is for trainees; however, these cases have very restrictive conditions. According to the Ministry of Labour, if an intern receives training used by employees, they would also be considered an employee unless the following six conditions are met:

  • The training is similar to that which is given in a vocational school.
  • The training is for the benefit of the intern. You receive some benefit from the training, such as new knowledge or skills.
  • The employer derives little, if any, benefit from the activity of the intern while he or she is being trained.
  • Your training doesn’t take someone else’s job.
  • Your employer isn’t promising you a job at the end of your training.
  • You have been told that you will not be paid for your time.(www.labour.gov.on.ca/english/es/pubs/internships.php)

In addition, farmers taking on interns should be clear on whether they meet regulatory compliance guidelines in Ontario. Aside from the ESA, employers must be in compliance with the Workplace Safety and Insurance Act (WSIA) and the Occupational Health and Safety Act (OHSA). As operators will know, the Workplace Safety and Insurance Board (WSIB) administers the WSIA and delivers no-fault workplace insurance and all agricultural employers must provide coverage to their employees. The OHSA also sets out a number of rights and duties for employers and workers. Compliance includes providing mandatory information about health and safety on the farm and the right to refuse work if it is believed to be dangerous.

The second area of legislation is the agricultural exemptions to the ESA. In general, farm workers involved in primary production (e.g., planting crops, cultivating, pruning, feeding, and caring for livestock) are not covered by some employment standards including minimum wage, hours of work, overtime, general pay with holidays and vacation (of note, this is different for harvest workers and landscape gardeners). However, one farmer noted that when interns do anything other than primary production, they may be on shaky legal ground: “If they’re going to a farmers’ market and manning a stall and working independently, it gets murky”. According to the Ministry of Labour, anyone whose work is related to the harvesting, canning, processing, or packing of fresh vegetables or fruits, or their distribution is entitled to all minimum ESA standards (www.labour.gov.on.ca/english/es/pubs/factsheets/fs_agri.php).

The legislation varies slightly in each province. In Alberta farm owners and related family members are excluded from occupational health and safety laws, but not waged workers. In British Columbia, all agricultural workers are entitled to minimum wage and vacation time. It should be stressed that there is a considerable uncertainty around internship law and agriculture exemptions to labour standards and at this time there is no detailed account of how these areas of law intersect.

Surrounding these legal details, there is an ethical question that many farmers and interns have raised about the value of labour and fair compensation. A labour lawyer noted, “There’s quite a tension there. How do you ensure protection, because, say somebody dies or gets seriously injured on one of these farms? [Employment laws] came in the early part of the late 19th Century as a means to protect vulnerable workers from exploitation and set a floor so people could live”. While there are many benefits that emerge from ecological farming, most farms are businesses and farmers derive various benefits as owners. Anyone doing work on a farm is contributing to the value of that business and deserves compensation. This is especially important for new farmers building the skills, knowledge, and financial (or other) capital to eventually start their own farm business. The best advice we have heard is to always pay minimum wage and ensure employers and interns are adhering to all provincial legislation.

There are a number of government programs farmers can access to help support new farmer training and internships. The following are three good options:

Green Farm Internships (Agriculture and Agri-food Canada): Part of the Agricultural Youth Green Jobs Initiative, this program offers up to 50% of the cost of hiring young workers (up to $16,000 per intern) for environmental activities, services, or research that will benefit the agriculture sector.

Career Focus Program (Service Canada): This program supports 4-12 month agricultural internships for recent graduates of a qualified post secondary program.

Rural Summer Jobs Service (OMAFRA): The program provides wage subsidies for rural and agri-food businesses that employ summer students ages 14-30.

If you would like more information on this research project, to comment on these issues or contact us, please visit our website:

foodandlabour.ca


Dr. Michael Ekers is an Assistant Professor in Human Geography at the University of Toronto Scarborough. His work mobilizes social and political theory and political economic approaches to understand the making of different environments and the cultures of labour in environmental spaces. 

Dr. Charles Levkoe is the Canada Research Chair in Sustainable Food Systems and an Assistant Professor in Health Sciences at Lakehead University. He has been involved in food sovereignty work for over 15 years in both the community and academic sectors. His ongoing community-based research focuses on the opportunities for building more socially just and ecologically sustainable food systems through collaboration and social mobilization.

Holistic Management

in Grow Organic/Land Stewardship/Summer 2017/Tools & Techniques

Blain Hjertaas

Holistic Management is a decision making system that helps us make better decisions. It teaches us to make decisions that are simultaneously sociologically, environmentally, and economically sound. The end result is happy people, healthy profits, and regenerating soils.

Holistic Management emphasizes principles of regenerating the soil. Our modern industrial approach to agriculture has been a disaster leading to declining nutrient density in food. We consume just over a half tonne of food per year, in the process of producing this food 10 tonnes of soil are lost. Clearly a system of agriculture like this cannot continue.

Holistic Management teaches us the basic principles of regenerative agriculture. How each of us uses these principles is what makes holistic management so unique, as each uses their own creativity to make it work in their own situation.

Principle #1 Solar Capture

To be successful we have to capture sunlight. It is free and non-limiting. There are only three things we can do to increase solar capture: we can make solar panels larger, put more panels up, and leave them turned on longer. On the farm, plant spacing and diversity will largely determine the size and density of the leaves—and in turn how much solar capture is available. We have the potential to capture solar energy from snowmelt to snow arrival (in Saskatchewan, that’s approximately 220 to 250 days). Most annual cropping systems capture solar energy for 70 days of the year. If we are not capturing energy, our soil health is declining. The purpose of solar capture is to send energy to the soil. We need to look at inter cropping, winter crops, poly cropping, etc to increase our harvest of solar energy.

Principle #2 Water Cycle

To make crops grow we need moisture. We have no control as farmers as to how much or when it rains but we have total control as to whether the rainfall is effective (goes into the soil) or not effective (runs off). To make the water cycle effective we need to keep our land covered in litter (green or dead plant material). This absorbs the physical effect of the raindrops and allows them to enter the soil slowly. You can think of the litter layer like the skin on your body. If you have a major burn the consequences can be catastrophic. Litter provides a similar role for the earth. It keeps it warmer in cool times, cooler in warm times, and it allows the moisture to enter and prevents it from evaporating. Moisture is critical for life; to capture and hold it is critical for our success. One of our goals should be to capture every raindrop where it falls.

Principle #3 Mineral Cycle

To have a functioning mineral cycle we need active biology. This occurs when we have solar capture to send sugar down the roots which becomes root exudates. This exudate is the food for the bacteria and fungi. The mycorrhizal fungi physically attach themselves to the root hairs of the plant. In return for the sugar, the fungi get minerals for the plant. These minerals are generally not available to plant; however the mycorrhizal fungi can remove minerals from the soil particles and transport it directly to the plant. This is a synergistic relationship where the plant feeds the fungi and the fungi feeds the plant. This is how nutrient dense food is produced. To have an effective functioning mineral cycle in place, we need to feed the workers below the ground (solar capture) and keep them warm and moist (litter layer and effective water cycle). The bacteria provide many diverse roles from producing enzymes required to being food for the predators which in turn releases nitrogen for the plants. It is wonderfully complex. All we need to do as managers is to foster and enhance and it will continue to get better. All of the living and dying of these billions of organisms is what ultimately sequesters carbon.[DS1]

Principle #4 Community Dynamics

Diversity is wonderful: the more the better. Diversity is not limited to what you plant. Look around; diversity is found in birds, insects, people, animals, and plants. There are synergies between species we do not fully understand. The whole is greater than the sum of its parts: 1+1>2. The challenge becomes how we grow crops that we can harvest mechanically. Poly cropping and inter cropping are becoming new words to farmers as they learn how to put different types of rotations together to harvest the power of this diversity.

How these four principles come together on your farm is up to your creativity. As the four principles are enhanced good things begin to happen. Carbon sequestration begins in the soil. 1 gram of carbon holds 8 grams of water. Increase carbon storage, your farm becomes better able to withstand drought or extreme wet conditions. As carbon increases along with solar capture more life can live below ground. This life below ground increases the nutrient density of the food which is critical for our health. Our requirement for purchased inputs declines and yields go up which certainly helps profitability.

Society will benefit by more nutrient dense food, less infrastructure damage in severe weather events, and carbon being removed from the atmosphere. On my operation in South Eastern Saskatchewan, I have been monitoring soil carbon levels since 2011. I am averaging 22.88 tonnes of CO2 sequestered per hectare per year on a grazing operation. Each Canadian has a carbon footprint of 18.9 tonnes/person/year. Every hectare I operate more than sequesters one Canadian’s carbon footprint.

Regenerative farms provide tremendous value in ecological goods and services to all of society that we are not recognized for. On my 1000 acre operation at a value of $20/ton for CO2, my sequestration value is worth $175,000 per year to society. More water holding and more nutrient dense food and better diversity with endangered grassland birds returning—what value is encompassed there that cannot be quantified?

Holistic Management helps you to make better decisions to achieve the goals that you have for yourself and your family. Along the way your operation should become more profitable and your ecosystem more resilient.

Learn more: holisticmanagement.org


Blain Hjertaas is a Certified Holistic Educator with Holistic Management International. He has 15 years of practical experience using Holistic Management running a 1000 acre grass operation in Saskatchewan, where they also raise lamb, custom graze cows, and poultry. Blain has a passion for carbon sequestration and offers consultations and education on Holistic Management and how the environment functions and how our actions will ultimately influence the ecosystem.

Photo credit: Sandy Black

bhjer@sasktel.net

Promoting Productive Pastures

in Crop Production/Land Stewardship/Livestock/Tools & Techniques/Winter 2016
Well managed pastures

Andrea Lawseth, B.Sc., M.Sc., P.Ag. AEL Agroecological Consulting

Pasture management is one of the main challenges for organic livestock producers throughout the province. In the lower mainland and on Vancouver Island, we struggle with wet climates and waterlogged grazing areas, while in the interior of the province the hot and arid climate poses other challenges that can be equally difficult to manage. Despite these difficulties, there are some techniques and tricks that you can follow to maximize the pasture that you have available and utilize your land more effectively.

Rotational and Limited Grazing

In order to maintain sales and productivity, livestock producers want to have as many animals on their land as the land can support. Sometimes we increase the numbers too much, which can result in overgrazing of pastures. Overgrazing occurs when 50% or more of the grass plant is grazed all at once. This can completely stop root growth and severely reduce grass production. Table 1 shows how grazing can affect root growth of grasses.

As the saying goes, “build your fence horse high, pig tight, and bull strong.” Fencing for rotational and limited grazing is often the best tool for reducing grazing pressure and overgrazing on your pastures. Rotational grazing involves breaking larger pastures up into smaller sections and only grazing one section at a time to allow the others to regenerate. This encourages even grazing of pastures as well as many other benefits such as: increased amount and quality of forage, increased growth of desired grass species, reduced weeds, better parasite control, better manure distribution, and more frequent animal-human contact.

As the saying goes, “build your fence horse high, pig tight, and bull strong.”

If you decide to implement rotational grazing then it is best to start by dividing a large pasture in two and grazing each of these separately. You can then divide further later on. Ideally it is best to have 4 pastures that provide enough grazing for 7 to 10 days as this gives each pasture a rest for 3 to 5 weeks. To divide pastures you can use electric fencing or tape at a height of approximately 90 cm (3 feet) or chest height of your livestock. This is a relatively inexpensive method that has proven to be highly successful. It is important to remember that you will need to monitor pasture growth at different times of the year and rotate accordingly.

Limited grazing involves turning your animals out for limited periods of time (once or twice a day, before or after work, for a few hours at a time). More supplemental feeding will be required and grass height will need to be monitored, but it provides the same benefits as rotational grazing.

IMGP2911

Pasture Renovation

Most pastures in BC are in need of some repair due to overgrazing, wet winters, alkaline or acidic soil types, or dry summers. Grass that is lacking density with 50% weed growth or more will need to be renovated to some degree. Management strategies could include a combination of improved pasture drainage, fertilizing, harrowing, liming, and re-seeding depending on budget constraints.

The first step in dealing with an overgrazed or mismanaged pasture is to evaluate what you have to work with. Find a good weed guide to help you identify which weeds exist on your property and take some samples of your pasture soils to send them to a lab for analysis. Your lab of choice will be able to guide you on their most desired sampling technique and will be able to determine the full composition of your soil and nutrient needs.

Improving drainage through the use of surface or subsurface methods such as French drain tiles can eliminate standing water and ideal conditions for weed growth. Aerating the soil will also help water to penetrate below surface soil layers. Additionally, fertilizing with well composted manure will greatly improve soil structure and drainage. Spreading a thin layer of compost will help soil to increase its water holding capacity and will provide a great medium for spreading grass seed. It is recommended to spread once in the spring and again in the fall. Furthermore, harrowing with either a chain harrow or a tractor will also help to improve drainage and break up any clumps of manure compost you have spread.

Liming is an excellent technique for areas with very acidic soil. Weeds such as buttercup (Ranunculus spp.) or field horsetail (Equisetum arvense) are good indicators of acidic soil as they are well-adapted to these conditions. Liming should be carried out in the spring and fall and more often if needed. Again, a soil test will help to determine the pH of your soil.

Finally, re-seeding with an appropriate seed mixture for your property will help to out-compete weeds and maintain good forage production. The key to choosing a mixture is diversity. The varying grass species in a mix will grow in their respective microclimates within your pastures, which will lead to lower vulnerability to disease and pest outbreaks. However, it is still important to tailor your grass mix to the type of soil on your property and the expected use of the pasture (i.e. grazing, sacrifice area, or hay).

Make sure you mention the topography of your pastures and soil characteristics (gained from a soil analysis) to your seed retailer so that they can help identify the right mix for you. The best time to broadcast overseed your pastures is in late September to early October after you have spread your manure compost. Seeding rates will vary with grass species so check with your retailer before seeding.

Before allowing livestock onto the pasture to graze you should allow newly seeded pasture grass to reach a height of 15 to 20 cm (6 to 8 in) and remove your animals when they have grazed the grass down to 8 to 10 cm (3 to 4 in). This will ensure that the grasses have enough food reserves to permit rapid re-growth. Re-growth can take up to 2 to 6 weeks, depending on the time of year, so it is important to keep animals off wet, overgrazed pastures. Wet pastures can also lead to health problems such as foot rot and parasite infestation.

Keeping pastures mowed to a uniform height of 3 inches will help to stimulate equal growth of your grass plants. This will also help to control perennial weeds that do not respond well to mechanical control methods.

Properly managing pastures generally requires a shift in thinking from viewing the crop as a way to feed the animals to viewing the animals as a way of managing the pasture. As a grass farmer, your main goal is to ensure that the grass on your pasture is healthy enough to outcompete the weeds. Through rotational grazing and prevention of overstocking pastures, you will create the right environment to allow your grass to thrive and the soil to remain healthy and productive.


Andrea is the Principal/Owner of AEL Agroecological Consulting and a Professional Agrologist with over 11 years of experience in food system and agricultural land use planning, sustainable agricultural promtion, organic certification, and food security. AEL Agroecological Consulting provides agri-environmental consulting services to all levels of government, non-profit organizations and individuals.

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