Ministry of Agriculture, Food and Rural Affairs Act

1 In this Act, “Minister” means the Minister of Agriculture, Food and Rural Affairs; (“ministre”) “Ministry” means the Ministry of Agriculture, Food and Rural Affairs; (“ministère”) “person” includes an unincorporated association; (“personne”) “Tribunal” means the Agriculture, Food and Rural Affairs Appeal Tribunal continued under subsection 14 (1). (“Tribunal”) R.S.O. 1990, c. M.16, s. 1; 1999, c. 12, Sched. A, s. 20 (2); 2006, c. 19, Sched. A, s. 16 (1). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. A, s. 20 (2) - 22/12/1999 2006, c. 19, Sched. A, s. 16 (1) - 22/06/2006

2 (1) The ministry of the public service formerly known as the Ministry of Agriculture and Food is continued under the name of the Ministry of Agriculture, Food and Rural Affairs in English and ministère de l’Agriculture, de l’Alimentation et des Affaires rurales in French. 1999, c. 12, Sched. A, s. 20 (3). Minister to have charge (2) The Minister shall preside over and have charge of the Ministry. R.S.O. 1990, c. M.16, s. 2 (2). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. A, s. 20 (3) - 22/12/1999

3 The Lieutenant Governor in Council may appoint a Deputy Minister of Agriculture, Food and Rural Affairs who shall be the deputy head of the Ministry. 2006, c. 35, Sched. C, s. 68 (1). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 68 (1) - 20/08/2007

3.1 Such employees as are considered necessary for the proper conduct of the business of the Ministry may be appointed under Part III of the Public Service of Ontario Act, 2006. 2006, c. 35, Sched. C, s. 68 (1). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 68 (1) - 20/08/2007

4 (1) Subject to the Executive Council Act, the Minister has the direction and control of, (a) the administration of the law relating to agriculture, food and rural affairs in all their branches; and (b) the administration of appropriations under the Ministry,

and has such other powers and shall perform such other functions and duties as are assigned to him or her by the Lieutenant Governor in Council. R.S.O. 1990, c. M.16, s. 4; 2017, c. 2, Sched. 1, s. 1. Functions of Minister (2) The Minister may, (a) review matters related to agriculture, food and rural affairs; and (b) establish policies and provide recommendations, advice, coordination and assistance to the Government in matters related to agriculture, food and rural affairs, including but not limited to policies, recommendations, advice, coordination and assistance respecting a safe and stable food supply. 2021, c. 35, Sched. 4, s. 1; 2022, c. 11, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 1, s. 1 - 22/03/2017 2021, c. 35, Sched. 4, s. 1 - 02/12/2021 2022, c. 11, Sched. 2, s. 1 - 14/04/2022

4.1 (1) In this section, “personal information” means personal information within the meaning of section 38 of the Freedom of Information and Protection of Privacy Act. 2021, c. 35, Sched. 4, s. 2. Collection, use (2) Subject to the regulations, the Minister may collect information, including personal information, directly or indirectly, for the following purposes and may use it for those purposes: 1. To exercise the powers and carry out the functions set out in section 4. 2. To support Canadian, provincial or municipal responses to urgent public health or public safety concerns related to agriculture, food or rural affairs. 3. To plan for or respond to emergencies related to agriculture, food or rural affairs. 4. To further such purposes as may be prescribed for the purposes of this section relating to the following aspects of agriculture, food or rural affairs: i. Food safety. ii. Anim…

4.2 The Minister shall report on the safety and stability of Ontario’s food supply. 2022, c. 11, Sched. 2, s. 2. Section Amendments with date in force (d/m/y) 2022, c. 11, Sched. 2, s. 2 - 14/04/2022

5 (1) Where, under this or any other Act or otherwise at law, a power or duty is granted to or vested in the Minister, the Minister may in writing delegate that power or duty to the Deputy Minister or to any other employee of the Ministry, subject to such limitations, restrictions, conditions and requirements as may be set out in the delegation. R.S.O. 1990, c. M.16, s. 5 (1). Contracts and agreements (2) Despite the Executive Council Act, a contract or an agreement made by a person empowered to do so under a delegation made under subsection (1) has the same effect as if made and signed by the Minister. R.S.O. 1990, c. M.16, s. 5 (2).

6 (1) No action or other proceeding for damages shall be instituted against, (a) the Deputy Minister or any other employee of the Ministry or anyone acting under the Deputy Minister’s authority; or (b) a field-person appointed under the Milk Act or a member or an employee of the Agriculture, Food and Rural Affairs Appeal Tribunal or the Ontario Farm Products Marketing Commission, for any act done in good faith in the execution or intended execution of the person’s duty or for any alleged neglect or default in the execution in good faith of the person’s duty. R.S.O. 1990, c. M.16, s. 6 (1); 1994, c. 27, s. 31 (1); 1999, c. 12, Sched. A, s. 20 (4). Crown liability (2) Subsection (1) does not, by reason of subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would …

6.1 The Minister may enter into agreements in respect of any matter that is under his or her administration under this or any other Act. 2017, c. 2, Sched. 1, s. 2. Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 1, s. 2 - 22/03/2017

6.2 (1) The Minister may, by order, establish programs for the encouragement of any branch of agriculture, food or rural affairs, including loan guarantee programs for the purposes of loan guarantees made by the Lieutenant Governor in Council under section 8. 2017, c. 2, Sched. 1, s. 2; 2019, c. 4, Sched. 1, s. 12 (1). Contents of order (2) An order establishing a program, other than a loan guarantee program, shall set out, (a) the conditions under which services are to be provided under the program; (b) the conditions under which any grants or other payments under the program may be made and the circumstances in which the grants and payments shall be repaid; (c) any restrictions on whether a grant or the payment made under the program may be assigned, charged, attached or given as security, and the legal effect of any purported transaction that contravenes the restrictions; and (d) the …

7 (1) Upon the recommendation of the Minister, the Lieutenant Governor in Council may, by order, establish programs for the encouragement of any branch of agriculture, food or rural affairs. 2017, c. 2, Sched. 1, s. 3 (1). Conditions to services or grants (2) A program may determine the conditions under which services are provided by the Ministry and expenses allowed or grants payable and the conditions under which grants are repayable. R.S.O. 1990, c. M.16, s. 7 (2). Fees (3) A program may require that fees be paid by persons engaged in the branch of agriculture or food to which the program applies and may fix the amounts thereof. R.S.O. 1990, c. M.16, s. 7 (3). Grants not to be given as security (4) A program may provide that a grant or payment shall not be assigned, charged, attached or given as security and that any transaction purporting to do so is void. R.S.O. 1990, c. M.16, s. 7 …

7.1 For greater certainty, section 3 of the Innkeepers Act does not apply with respect to cattle enrolled in the Ontario Feeder Cattle Loan Guarantee Program established under this Act. 2023, c. 2, Sched. 4, s. 1. Section Amendments with date in force (d/m/y) 2023, c. 2, Sched. 4, s. 1 - 22/03/2023

8 (1) The Lieutenant Governor in Council may, in accordance with subsection (2), guarantee the payment of one or more of the following loans, or any part of such loans, and guarantee the payment of any interest on the loans or the part of the loans, if the loans or the part of the loans are made for the encouragement of any branch of agriculture, food or rural affairs: 1. Loans made to farmers. 2. Loans made to entities that provide loans directly to farmers. 2019, c. 4, Sched. 1, s. 13 (1). Terms of guarantee (1.1) A guarantee under subsection (1), whether given as part of a loan guarantee program established under section 6.2 or otherwise, shall set out the terms of the guarantee, including the amount of the guarantee, the duration of the guarantee and the circumstances under which the guarantee would become null and void. 2019, c. 4, Sched. 1, s. 13 (1). Form of guarantee (2) The form…

9 Where a program has been established under section 7 to provide for veterinary services in one or more than one territorial district and a veterinary agricultural committee has been established, any municipality may make grants to a veterinary fund, administered by the veterinary agricultural committee, from which payments are made to provide for the veterinary services in the territorial district. R.S.O. 1990, c. M.16, s. 9.

10 Repealed: 1999, c. 12, Sched. A, s. 20 (5). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. A, s. 20 (5) - 22/12/1999

11 The Minister shall in each year submit to the Lieutenant Governor in Council a report of the proceedings of the Ministry during the next preceding fiscal year, and such report shall be laid before the Assembly forthwith, but, if the Legislature is not at the time in session, then within thirty days after the commencement of the next session. R.S.O. 1990, c. M.16, s. 11.

12 (1) The commission known as the Ontario Farm Products Marketing Commission is continued as a body corporate without share capital under the name Ontario Farm Products Marketing Commission in English and Commission de commercialisation des produits agricoles de l’Ontario in French and shall consist of not fewer than three persons appointed by the Lieutenant Governor in Council. R.S.O. 1990, c. M.16, s. 12 (1); 2017, c. 20, Sched. 8, s. 98 (1). Chair (2) The Lieutenant Governor in Council shall appoint one of the members as chair and one or more of the members as vice-chair. R.S.O. 1990, c. M.16, s. 12 (2). Quorum (3) Three members of the Commission, of whom one shall be the chair or a vice-chair, constitute a quorum and are sufficient for the exercise of all jurisdiction and powers of the Commission. R.S.O. 1990, c. M.16, s. 12 (3). Division of the Commission (4) The chair, or in the c…

13 (1) The Minister may issue written directives to the Ontario Farm Products Marketing Commission establishing objectives to be achieved by the Commission in relation to administrative and policy matters that are the responsibility of the Commission under the Farm Products Marketing Act or the Milk Act, including matters relating to, (a) the regulation and control of the production and marketing of farm products, milk, cream or milk products; (b) the local boards and marketing boards under those two Acts, their powers and relations between the Commission and the boards; and (c) the conduct of the affairs of the Commission, its practices and procedures. 2010, c. 16, Sched. 1, s. 6 (2). Same (2) A directive may apply only with respect to, (a) milk, cream or any specified farm product or milk product or class of such products; (b) any specified class of persons engaged in the producing, pr…

14 (1) The Farm Products Appeal Tribunal is continued under the name of the Agriculture, Food and Rural Affairs Appeal Tribunal in English and Tribunal d’appel de l’agriculture, de l’alimentation et des affaires rurales in French. 1999, c. 12, Sched. A, s. 20 (6). Members (1.1) The Tribunal shall consist of not fewer than 10 persons appointed by the Lieutenant Governor in Council upon the recommendation of the Minister, of whom at least one shall be a barrister and solicitor entitled to practise in Ontario. 1999, c. 12, Sched. A, s. 20 (6). Same (1.2) The appointment of at least two of the persons appointed under subsection (1.1) shall specifically state that the person is entitled to hear matters under the Agricultural Employees Protection Act, 2002. 2002, c. 16, s. 19 (1). Same (1.3) The purpose of subsection (1.2) is to recognize that the Tribunal’s jurisdiction under the Agricultural…

14.1 (1) Repealed: 2006, c. 19, Sched. A, s. 16 (2). Statutory Powers Procedure Act, subs. 5.3 (2) (2) In designating a person to preside at a pre-hearing conference under subsection 5.3 (2) of the Statutory Powers Procedure Act in connection with a proceeding under the Agricultural Employees Protection Act, 2002, the chair of the Tribunal may only designate a person who is a member of the Tribunal and whose appointment under subsection 14 (1.1) of this Act specifically states that he or she is entitled to hear matters under the Agricultural Employees Protection Act, 2002. 2002, c. 16, s. 19 (7). Statutory Powers Procedure Act, subs. 12 (2) (3) For the purposes of the application of subsection 12 (2) of the Statutory Powers Procedure Act to a proceeding under the Agricultural Employees Protection Act, 2002, the summons shall be signed by a member of the Tribunal whose appointment under s…

14.2 A panel appointed under subsection 14 (3.1) for the purposes of a proceeding under the Agricultural Employees Protection Act, 2002 has the powers, duties and functions of the Tribunal under the Agricultural Employees Protection Act, 2002 and under the Statutory Powers Procedure Act with respect to the proceeding for which the panel was appointed. 2002, c. 16, s. 19 (7). Section Amendments with date in force (d/m/y) 2002, c. 16, s. 19 (7) - 17/06/2003

15 In sections 16, 17 and 18, “Commission” means the Ontario Farm Products Marketing Commission; (“Commission”) “Director” means the Director appointed under the Milk Act or the Farm Products Marketing Act; (“directeur”) “local board” means a local board constituted under the Farm Products Marketing Act; (“commission locale”) “marketing board” means a marketing board constituted under the Milk Act. (“commission de commercialisation”) R.S.O. 1990, c. M.16, s. 15; 2006, c. 19, Sched. A, s. 16 (4). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. A, s. 16 (4) - 22/06/2006

16 (1) Subject to subsections (4) and (5), a person who is aggrieved by any of the following orders, directions, decisions, policies or regulation made under the Farm Products Marketing Act and the Milk Act may appeal the matter to the Tribunal: 1. Any order, direction, decision or policy made by a Director. 2. Any order, direction, decision, policy or regulation made by a local board or marketing board. 3. An order, direction or decision made by the Commission that applies specifically to the aggrieved person, to a group of persons of which the aggrieved person is a member or with respect to a particular dispute or incident involving the aggrieved person. 2010, c. 16, Sched. 1, s. 6 (3). Commission matters not subject to appeal (2) For greater certainty, a regulation or policy made by the Commission under the Farm Products Marketing Act or the Milk Act or an order, direction or decision…

17 (1) Where a person is aggrieved by an order, direction, policy or decision of the Commission, a local board, a marketing board or the Director, that person may, by written application therefor, request a reconsideration of the order, direction, policy or decision. R.S.O. 1990, c. M.16, s. 17 (1). Decision not to be varied without hearing (2) On any application under subsection (1), the body considering the application or the Director, as the case may be, shall not vary or rescind its or his or her decision adversely to the interests of any person without holding a hearing to which such person is a party and may make such decision after such hearing as it or he or she considers proper under any law applicable thereto. R.S.O. 1990, c. M.16, s. 17 (2). Request for reconsideration of regulation (3) Where any person is affected by any regulation made by a local board or a marketing board, …

18 (1) The Minister may review a decision of the Tribunal made under this Act and a decision of the Commission to which subsection 17 (7) applies within 30 days after receipt by the Minister of the decision of the Tribunal or of the Commission and the reasons therefor, if any, or within such longer period as may be determined by the Minister within such 30-day period. 2010, c. 16, Sched. 1, s. 6 (12). Powers of Minister (2) Upon review of a decision under subsection (1), the Minister may, (a) confirm, vary or rescind the whole or any part of the decision; (b) substitute for the decision of the Tribunal or of the Commission, as the case may be, such decision as the Minister considers appropriate; or (c) by notice to the Tribunal or Commission, as the case may be, require it to hold a new hearing of the whole or any part of the matter appealed to the Tribunal or reconsidered by the Commiss…