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Bill 109, Protecting Ontario’s Food Independence Act, 2026

Jones, Hon. Trevor Minister of Agriculture, Food and Agribusiness

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Original

Bill 109 Original (PDF)

EXPLANATORY

NOTE

SCHEDULE 1

BEEF CATTLE MARKETING ACT

Section

3 of the Beef Cattle Marketing Act is amended to

provide that no producer shall provide cattle for custom processing except

under the authority of a licence and to provide that every producer who

provides cattle for custom processing is deemed to be the holder of a licence.

Section 3 is also amended to provide that a producer who processes their own

cattle shall pay any licence fees prescribed by regulation applicable to the

producer’s cattle as if the cattle were sold. This

section is further amended

to authorize producers to seek reimbursement of the prescribed licence fee payable

to an association for up to two head of cattle where the cattle are custom processed

for personal consumption.

Other

consequential amendments are made.

Sections

10 to 16 of the Act are repealed.

Section 10 prohibits the operator of a plant

from purchasing cattle for slaughter on the basis of carcass weight, unless the

plant is included on a list maintained by the director appointed under the Act.

Sections 11 to 16 establish requirements for hearings and appeals made by

operators of plants that are not included on the list or have been removed from

it.

SCHEDULE 2

FARMING AND FOOD PRODUCTION PROTECTION ACT, 1998

The

Schedule amends the Farming and Food Production Protection

Act, 1998 to transfer the powers and duties of the Normal Farm Practices

Protection Board to the Agriculture and Agri-Food Protection Tribunal. Other

amendments, including to provide for transitional matters, are made to the Act

to reflect this transfer.

SCHEDULE 3

FARMLAND SECURITY ACT, 2026

The

Schedule enacts the Farmland Security Act, 2026 .

The

Act prohibits a designated person, who may be a foreign national or an

individual, corporation, partnership or other entity that satisfies criteria as

may be prescribed by the regulations, from purchasing or otherwise acquiring

farmland or an interest in farmland. The regulations may provide exemptions

from the prohibition.

person submitting a conveyance of farmland or an interest in farmland is

required to provide information respecting the conveyance to the Minister. If

the required information is not provided in accordance with the Act, a land

registrar must refuse to register the conveyance.

designated person may apply to the Minister for permission to purchase or

otherwise acquire farmland or an interest in farmland. If permission is not

granted, the regulations may provide for a review of the determination to not

grant permission.

The

Act provides for various enforcement measures, including the appointment of

inspectors and investigators to conduct inspections and investigations to

ensure the Act and the regulations are being complied with. Provisions

respecting compliance orders and offences are provided for.

Other

provisions of the Act include protections against liability and

regulation-making powers.

SCHEDULE 4

FOOD SAFETY AND QUALITY ACT, 2001

This

Schedule amends the Food Safety and Quality Act, 2001 .

Some highlights include:

1. The

scope of the Act is expanded to include milk and milk products as foods that

are regulated by the Act. Various provisions of the Act are amended to reflect

this change.

2. The

rules in the Act with respect to administrative penalties are updated in re-enacted

section 41 and new sections 41.1 and 41.2 of the Act.

Part

VI is re-enacted to include new rules with respect to delegated authorities.

The existing previous rules as set out in

section 49 of the Act are replaced by

the re-enacted Part. Various other provisions of the Act are amended or

repealed to reflect this change.

4. Previously

section 50 of the Act set out the Crown liability rules. These rules are

replaced by re-enacted

section 50 of the Act. New

section 50.1 provides the

liability rules with respect to delegated authorities.

5. Consequential

amendments are made to the Health Protection and Promotion

Act .

SCHEDULE 5

MILK ACT

This

Schedule amends the Milk Act . Some of the

highlights include the following:

1. Milk

products have been added to the definition of “regulated product” in

section 1

of the Act and references throughout the Act to cream or cheese are updated to

now refer to milk products.

2. The

Act is amended such that it no longer provides for the control and regulation

of the quality of milk and milk products. Various provisions are repealed or

amended to reflect this change.

3. The

Act is amended such that it no longer governs plants. Various provisions are

repealed or amended to reflect this change.

4. Various

amendments are made to the Lieutenant Governor in Council’s regulation-making

authority in

section 6 of the Act. Various amendments are also made to the

Commission’s regulation-making authority in

section 7 of the Act.

5. New

rules respecting powers on inspections are added to re-enacted sections 8 and 9

of the Act.

6. New

section 26.1 of the Act provides the Minister with transition regulation-making

authority.

7. A

consequential amendment is made to the Ministry of

Agriculture, Food and Rural Affairs Act .

SCHEDULE 6

MINISTRY OF AGRICULTURE, FOOD AND RURAL AFFAIRS ACT

The

Schedule amends the Ministry of Agriculture, Food and

Rural Affairs Act .

Subsection

14 (1) is re-enacted to provide that the Agriculture, Food and Rural Affairs

Appeal Tribunal is continued under the name of the Agriculture and Agri-Food

Protection Tribunal. Consequential amendments are made in various other

statutes to reflect that change.

Currently,

subsection 16 (12) requires the Tribunal to send notice of its decision and

reasons to all parties to the appeal within 20 days after the hearing is

completed. This subsection is re-enacted to change that period to 30 days.

transitional amendment is made so that the 30-day period applies to any hearing

that has been completed before the day the amendment comes into force.

Amendments

are made to the French version of the Act for internal consistency and to align

SCHEDULE 7

ONTARIO FOOD TERMINAL ACT

The

Schedule amends the Ontario Food Terminal Act .

Section

2 is amended to provide that the Ontario Food Terminal Board is an agent of the

Crown in right of Ontario.

Section

7 is amended to provide that the setting up of reserve funds under this

section

includes the setting up of capital funds.

Amendments

are also made to provide protections against liability to the Crown, employees

or agents of the Crown as well as to members, officers or employees of the Ontario

Food Terminal Board and the manager of the Ontario Food Terminal.

SCHEDULE 8

PROTECTING FARMERS FROM NON-PAYMENT ACT (REGULATING AGRICULTURAL PRODUCT

DEALERS AND STORAGE OPERATORS), 2023

The

Schedule amends the Protecting Farmers from Non-Payment

Act (Regulating Agricultural Product Dealers and Storage Operators), 2023 .

Among the changes are the following:

1. The

definition of “dealer” is repealed and replaced.

2. Certain

provisions of

Part IV of the Act relating to agreements between dealers and

producers are amended to cover agreements between prescribed buyers and

sellers.

Part

V of the Act is amended with respect to requirements for storage operators to

provide weigh tickets and storage receipts and with respect to shortfall

permits.

4. Amendments

are made to

Part VI of the Act concerning who may be a beneficiary of a trust

constituted under

section 22 and the payment of amounts out of a trust.

5. Various

technical changes are made to

Part VII of the Act in connection with claims for

payment out of funds under that Part.

6. A

new

Part VII.1 is added to the Act. Rules are set out with respect to the

collection and grading of agricultural products that are designated by

regulation as

Part VII.1 designated products.

7. Amendments

are made to the enforcement measures set out in

Part IX of the Act, including

with respect to compliance orders, freeze orders and administrative penalties.

8. The

Minister’s regulation-making powers under

Part XII of the Act are amended.

SCHEDULE 9

VETERINARY PROFESSIONALS ACT, 2024

The

Schedule amends the Veterinary Professionals Act, 2024 .

A definition of “ancillary services” is added to subsection 1 (1) of the Act

and the definition of “Minister” is revised. New subsections 21 (3) and (4) of

the Act provide for exceptions to the requirement to obtain a certificate of

accreditation in certain circumstances. Sections 46, 49 and 51 of the Act are

amended with respect to members or former members who knew or ought to have

known that information they provided when applying for a licence was false or

misleading. Subsection 68 (12) of the Act is amended to remove the reference to

a complainant being a party in a proceeding before the Discipline and Fitness

to Practise Committee. New subsection 83 (3) of the Act provides for the

disclosure by prescribed persons of prescribed information. Various amendments

are made to the Act to provide for entry and inspection of veterinary

facilities and other prescribed buildings, vehicles and land. Various

amendments are also made to the regulation-making authority in subsection 93

(1) of the Act.

Bill 109 2026

Act to enact the Farmland Security Act, 2026 and to amend various Acts

CONTENTS

Preamble

Contents

of this Act

Commencement

Short

title

Schedule 1

Beef

Cattle Marketing Act

Schedule 2

Farming

and Food Production Protection Act, 1998

Schedule 3

Farmland

Security Act, 2026

Schedule 4

Food

Safety and Quality Act, 2001

Schedule 5

Milk

Act

Schedule 6

Ministry

of Agriculture, Food and Rural Affairs Act

Schedule 7

Ontario

Food Terminal Act

Schedule 8

Protecting

Farmers from Non-payment Act (regulating Agricultural Product Dealers and

Storage Operators), 2023

Schedule 9

Veterinary

Professionals Act, 2024

Preamble

The

Government of Ontario is committed to:

Advancing

the resilience and efficiency of the agricultural sector, allowing producers

and agribusinesses to remain competitive.

Improving

the operational efficiency of the agricultural sector by streamlining

governance frameworks and decision-making mechanisms, as well as by

strengthening financial protection frameworks for producers.

Enhancing

fairness for beef and dairy producers by facilitating equitable and principled

cost structures and pricing policies.

Protecting

Ontario farmland by creating a framework to restrict foreign acquisitions.

Supporting

long-term stability, modernization and growth of the veterinary profession in

Ontario.

Therefore,

His Majesty, by and with the advice and consent of the Legislative Assembly of

the Province of Ontario, enacts as follows:

Contents

of this Act

1 This Act consists of this section, sections 2 and 3, and

the Schedules to this Act.

Commencement

(1) Except as otherwise provided in this

section, this Act comes into force on the day it receives Royal Assent.

(2) The

Schedules to this Act come into force as provided in each Schedule.

(3) If

a

Schedule to this Act provides that any of its provisions are to come into

force on a day to be named by order of the Lieutenant Governor in Council, an

order may apply to one or more of those provisions, and orders may be issued at

different times with respect to any of those provisions.

Short

title

3 The

short title of this Act is the Protecting

Ontario’s Food Independence Act, 2026 .

SCHEDULE 1

BEEF CATTLE MARKETING ACT

(1) Section 1 of the Beef Cattle Marketing Act

is amended by adding the following definition:

“custom

processing” means the slaughter and processing of cattle at a plant for a

service charge where the producer retains ownership of the cattle and carcass;

(“transformation sur demande”)

(2) The

definition of “Minister” in

section 1 of the Act is repealed and the following

substituted:

“Minister”

means the Minister of Agriculture, Food and Agribusiness or such other member

of the Executive Council to whom responsibility for the administration of this

Act may be assigned or transferred under the Executive

Council Act ; (“ministre”)

(3) The

French version of the definition of “slaughter” in

section 1 of the Act is

repealed and the following substituted:

«abattage»

Abattage d’animaux en vue de transformer la viande en aliments. (“slaughter”)

(4) The

definition of “Tribunal” in

section 1 of the Act is repealed.

Subclause 2 (b) (

i) of the Act is amended by adding “or custom processing”

after “sale”.

(1) Subsection 3 (1) of the Act is repealed and the following

substituted:

Licences

(1) No

person shall sell cattle and no person shall provide cattle for custom

processing except under the authority of a licence.

(2) Subsection

3 (2) of the Act is amended by adding “and every producer who provides cattle

for custom processing” after “sells cattle”.

(3) Section

3 of the Act is amended by adding the following subsections:

Producer

processing cattle

(3) A

producer who processes their own cattle shall pay any licence fees prescribed

by regulation applicable to the producer’s cattle as if the cattle were sold.

Same

(4) For

the purposes of subsection (3), a producer includes a producer that processes

cattle through a corporation over which the producer has the ability, directly

or indirectly, to exercise control or significant influence.

Custom

processing of cattle — reimbursement for personal consumption

(5) In

each year, a producer may seek reimbursement from an association of the

prescribed licence fee payable to the association for up to two head of cattle

where the cattle are custom processed for personal consumption.

Clause 4 (2) (

b) of the Act is amended by adding “or custom processing” after

“sale”.

(1) Clause 5 (1) (

b) of the Act is amended by striking out “for the

sale of cattle” at the end.

(2) Clause

5 (1) (c.1) of the Act is repealed and the following substituted:

(c.1) granting

to an agency established under the Farm Products Agencies

Act (Canada) the authority to fix, impose and collect levies from

sellers of cattle or producers providing cattle for custom processing of cattle

within Ontario, including the authority to classify sellers into groups and to

fix levies in different amounts for the different groups;

(3) The

French version of clause 5 (1) (c.2) of the Act is amended by striking out

“taxes” at the end and substituting “redevances”.

(4) Clause

5 (1) (

d) of the Act is repealed and the following substituted:

(

d) requiring any person who receives cattle

or carcasses from a seller or from a producer who provides cattle for custom

processing to deduct, from the money payable to that seller, or add to the

service charge owing for the custom processing, any licence fee payable to an

association or any levy payable to an agency established under the Farm Products Agencies Act (Canada) and to forward the

licence fee or levy to the association or agency;

(5) Clause

5 (1) (

e) of the Act is repealed and the following substituted:

(

e) requiring

any person who receives cattle from a seller or from a producer who provides

cattle for custom processing to provide an association with information

relating to the sale or custom processing of the cattle, including the name of

the seller or the producer, the number of head sold or custom processed, the

class of cattle and the sale price;

(6) The

French version of clause 5 (1) (

o) of the Act is amended by striking out “du montant

payable d’un bovin ou d’une carcasse” at the end and substituting “du montant

d’un bovin ou d’une carcasse à payer”.

The French version of subsection 7 (1) of the Act is amended by striking out

“traiter” and substituting “transformer”.

Sections 10 to 16 of the Act are repealed.

Commencement

This

Schedule comes into force on the day the Protecting

Ontario’s Food Independence Act, 2026 receives Royal Assent.

SCHEDULE 2

FARMING AND FOOD PRODUCTION PROTECTION ACT, 1998

(1) The definition of “Board” in subsection 1 (1) of the Farming and Food Production Protection Act, 1998 is

repealed.

(2) The

definition of “Minister” in subsection 1 (1) of the Act is amended by striking

out “Rural Affairs” and substituting “Agribusiness or such other member of the

Executive Council to whom responsibility for the administration of this Act may

be assigned or transferred under the Executive Council Act ”.

(3) Subsection

1 (1) of the Act is amended by adding the following definition:

“Tribunal”

means the Agriculture and Agri-Food Protection Tribunal continued under the Ministry of Agriculture, Food and Rural Affairs Act .

(“Tribunal”)

Section 3 of the Act is repealed.

Section 4 of the Act is repealed and the following substituted:

Powers

of the Tribunal

The

Tribunal has the power to inquire into and resolve a dispute respecting an

agricultural operation and to determine what constitutes a normal farm

practice.

Subsections 5 (1) to (3) of the Act are repealed and the following substituted:

Application,

re disturbances

(1) A

person directly affected by a disturbance from an agricultural operation may

apply to the Tribunal for a determination as to whether the disturbance results

from a normal farm practice.

Hearing

(2) Subject

section 8, the Tribunal shall hold a hearing in respect of each application.

Parties

and notice of hearing

(3) The

applicant and the farmer are parties to the hearing, and are entitled to notice

of the hearing by the Tribunal.

(1) Subsection 6 (2) of the Act is amended by striking out “the

Board, in a form acceptable to it, for a determination” and substituting “the

Tribunal for a determination”.

(2) Subsection

6 (4) of the Act is repealed.

(3) Subsection

6 (8) of the Act is repealed.

(4) Subsections

6 (10) and (11) of the Act are repealed.

(1) Subsection 7 (2) of the Act is amended by striking out “the

Board, in a form acceptable to the Board, for a determination” and substituting

“the Tribunal for a determination”.

(2) Subsection

7 (3) of the Act is repealed.

(3) Subsections

7 (8) and (9) of the Act are repealed.

Section 8 of the Act is amended by adding the following subsection:

Tribunal

to impose dispute resolution

(1.1) The

Tribunal may require a person to engage in a dispute resolution process,

including mediation and conciliation, before making an application under

section 5, 6 or 7.

The Act is amended by adding the following section:

Transfer

of powers and duties

(1) The

powers and duties of the Normal Farm Practices Protection Board are transferred to the Agriculture and Agri-Food

Protection Tribunal.

Same,

transitional matters

(2) The

following occurs on the day subsection (1) comes into force:

1. The

rights and obligations of the Board become the rights and obligations of the Tribunal.

2. A

member of the Board who is not already a member of the Tribunal is deemed to

have been appointed to the Tribunal under

section 14 of the Ministry of Agriculture, Food and Rural Affairs Act for

the same term as the member was appointed to the Board.

3. Any

pending referral to the Board under subsection 2 (1.2) becomes a referral to

the Tribunal.

4. Any

pending application made to the Board under

section 5, 6 or 7 becomes an

application made to the Tribunal.

5. Any

ongoing matter before the Board continues to be heard by the same panel of

members before the Tribunal.

6. Any

order made under clause 4 (2) (

b) immediately before

section 3 of

Schedule 2

the Protecting Ontario’s Food Independence Act, 2026

came into force becomes an order of the Tribunal.

The Act is amended by striking out “Board” and “Board’s” wherever it appears

and substituting in each case “Tribunal” and “Tribunal’s”, respectively, except

section 11.

Commencement

This

Schedule comes into force on the day

section 3 of

Schedule 6 to the Protecting Ontario’s Food Independence Act, 2026 comes

into force.

SCHEDULE 3

FARMLAND SECURITY ACT, 2026

CONTENTS

Definitions

Definitions

Administration

Prescribed

person or entity

Restrictions on Acquisition of

Farmland

Prohibition,

purchase, etc., of farmland

Information

required re conveyance

Refusal

to register

Prohibition,

false information

Permission

to purchase, etc.

Review

Collection

and use of information

Inspections and Investigations

Inspectors

Inspection

powers

Appointment

of investigators

warrant

Seizure

of things not specified

Searches

in exigent circumstances

Report

when things seized

Enforcement

Orders

Offences

General

Crown

liability

Prescribed

person or entity liability

Proceedings

barred

compensation

Regulations

Commencement and

Short Title

Commencement

Short

title

Definitions

Definitions

1 In this Act,

“conveyance”

includes, subject to the regulations, any instrument or writing by which land

is conveyed; (“cession”)

“designated

person” means,

(

a) a

foreign national,

(

b) an

individual who satisfies such criteria as may be prescribed by the regulations,

(

c) a

corporation, partnership or other entity that satisfies such criteria as may be

prescribed by the regulations; (“personne désignée”)

“farmland” means, subject to the regulations,

land used or capable of being used for farm purposes and buildings on that

land; (“terres agricoles”)

“foreign national” means an individual who is a

foreign national as defined in subsection 2 (1) of the Immigration

and Refugee Protection Act (Canada), but does not include a person

registered as an Indian under the Indian Act

(Canada); (“étranger”)

“interest

in farmland” includes, subject to the regulations,

(

a) any

interest in farmland held under an agreement of purchase and sale, and

(

b) an

interest in farmland of a type prescribed by the regulations; (“intérêt sur des

terres agricoles”)

“Minister”

means the Minister of Agriculture, Food and Agribusiness or such other member

of the Executive Council to whom responsibility for the administration of this

Act may be assigned or transferred under the Executive

Council Act ; (“ministre”)

“registration”,

in respect of a conveyance, means registration under the Land

Titles Act or the Registry Act ; (“enregistrement”)

“regulations”

means the regulations made under this Act. (“règlements”)

Administration

Prescribed

person or entity

(1) The Lieutenant Governor in

Council may, by regulation, prescribe one or more persons or entities to

administer one or more provisions of this Act or the regulations as may be

specified by the regulation.

Excepted

provisions

(2) The

following provisions of this Act shall not be specified for the purposes of

subsection (1):

1. This

section.

Section

Section

4. Subsections

12 (1) and (2).

Section

Interpretation

(3) If

a person or entity is prescribed by the regulations to administer a provision

of this Act or the regulations, any reference to the Minister in that provision

shall be read as a reference to the prescribed person or entity responsible for

administering that provision.

Application

of s. 9

(4) If

a person or entity is prescribed by the regulations to administer a provision

of this Act or the regulations,

section 9 applies to the prescribed person or

entity to the extent necessary to administer that provision with the following

modifications:

1. A

reference to the Minister shall be read to include the prescribed person or

entity.

2. A

reference to this Act and the regulations shall be read as a reference to the

provision the prescribed person or entity is responsible for administering.

Restrictions on Acquisition of Farmland

Prohibition,

purchase, etc., of farmland

(1) Subject to the regulations, a

designated person shall not, directly or indirectly, purchase or otherwise

acquire farmland or an interest in farmland in Ontario.

Same,

purchase, etc., on behalf of designated person

(2) No

person shall purchase or otherwise acquire farmland or an interest in farmland

in Ontario on behalf of a designated person if the purchase or acquisition by

the designated person would be in contravention of this Act or the regulations.

Information

required re conveyance

(1) A person submitting a conveyance

of farmland or an interest in farmland for registration shall provide the

information prescribed by the regulations respecting the conveyance to the

Minister in accordance with this section.

Same

(2) The

information required by this

section shall be provided in accordance with the

regulations by the person prescribed by the regulations and shall accompany the

conveyance to which it relates.

Verification

(3) The

Minister may require a person purchasing or otherwise acquiring farmland or an

interest in farmland to provide additional information as the Minister

considers necessary for the purpose of determining whether,

(

a) the

purchase or acquisition is in contravention of this Act or the regulations;

(

b) the

person is a designated person; or

(

c) the

information provided under this

section is false.

Refusal

to register

5 A land registrar to whom a conveyance of

farmland or an interest in farmland is submitted for registration shall refuse

to register the conveyance unless the conveyance submitted for registration is

accompanied by the information required under

section 4 in accordance with that

section.

Prohibition,

false information

6 No person shall provide information required

under

section 4 that is false or omit any information the omission of which

makes the information false.

Permission

to purchase, etc.

(1) Despite

section 3, a designated

person may purchase or otherwise acquire farmland or an interest in farmland if

the Minister has granted permission to the designated person to purchase or

otherwise acquire the farmland or the interest in farmland in accordance with

this section.

Effective

date

(2) A

purchase or acquisition in respect of which a permission has been granted may

be made as of the date of issue of the notice of the determination under

subsection (5).

Application

for permission

(3) A

designated person who intends to purchase or otherwise acquire farmland or an

interest in farmland may apply, in accordance with the regulations, to the

Minister for permission to purchase or otherwise acquire the farmland or an

interest in the farmland.

Same

(4) On

receipt of an application mentioned in subsection (3), the Minister shall, in

accordance with such rules as may be prescribed by the regulations, determine

whether to grant the requested permission.

Notice

of determination

(5) The

Minister shall provide the applicant with written notice of their determination

to grant or not grant the requested permission.

Review

(1) If the regulations so provide, a

person who has received a notice under subsection 7 (5) that permission has not

been granted may apply to a person or entity prescribed by the regulations for

a review of the determination in accordance with the regulations.

Different

prescribed person or entity

(2) If

a person or entity is prescribed by the regulations to administer

section 7,

the person or entity mentioned in subsection (1) must not be the same as the

person or entity prescribed to administer

section 7.

Collection

and use of information

(1) The Minister may collect and use

the information obtained under this Act for the following purposes:

1. The

administration or enforcement of this Act and the regulations.

2. The

compilation of statistical information and the development and evaluation of

policy respecting this Act and the regulations.

3. Any

other purpose prescribed by the regulations.

Disclosure

of information

(2) The

Minister may disclose any information, including personal information, collected

under this Act for the following purposes:

1. The

administration or enforcement of this Act and the regulations.

2. Any

other purpose prescribed by the regulations.

Confidentiality

(3) Except

as authorized by this section, the Minister shall not knowingly communicate or

knowingly allow to be communicated to any person any personal information collected

under this Act.

Testimony

(4) No

person who collects information under this Act shall be required, in connection

with any legal proceedings,

(

a) to

give evidence relating to any information obtained under this Act; or

(

b) to

produce any information obtained under this Act.

Exception

(5) Subsections

(3) and (4) do not apply in respect of,

(

a) criminal

proceedings under any Act of the Parliament of Canada;

(

b) proceedings

in respect of the trial of a person for an offence under

an Act of the

Legislature; or

(

c) proceedings

relating to the administration or enforcement of this Act or the regulations.

Same

(6) The

Minister may permit information collected under this Act to be given to,

(

a) the

person from whom the information was obtained; or

(

b) the

legal representative of a person mentioned in clause (

a) or the agent of the

person authorized in writing to act on their behalf.

Notice

required by s. 39 (2) of FIPPA

(7) If

the Minister collects personal information indirectly under this Act, a notice

required by subsection 39 (2) of the Freedom of

Information and Protection of Privacy Act may be given by,

(

a) a

public notice posted on the Government of Ontario’s website; or

(

b) any

other method that may be prescribed by the regulations.

Definition

(8) In

this section,

“personal

information” has the same meaning as in the Freedom of

Information and Protection of Privacy Act .

Inspections and Investigations

Inspectors

10 The Minister may, in

writing,

(

a) appoint

persons as inspectors for the purposes of this Act; and

(

b) designate

persons, including persons engaged as inspectors for the purposes of any other

Act, as inspectors for the purposes of this Act or for any specific purposes

under this Act provided for in the designation.

Inspection

powers

(1) An

inspector may, without a warrant, enter and inspect any place in order to

ensure that this Act and the regulations are being complied with.

Time

of entry

(2) The

power to enter and inspect a place without a warrant may only be exercised

during the place’s regular business hours or during other reasonable times.

Dwellings

(3) The

power to enter and inspect a place without a warrant shall not be used to enter

and inspect a place or a part of a place that is used as a dwelling.

Use

of force

(4) An

inspector is not entitled to use force to enter and inspect a place.

Identification

(5) An

inspector shall, upon request, produce evidence of their appointment or

designation.

Powers

of inspector

(6) An

inspector conducting an inspection may,

(

a) examine

a record or other thing that the inspector thinks may be relevant to the

inspection;

(

b) require

the production of a record or other thing that the inspector thinks may be

relevant to the inspection;

(

c) remove

for review and copying a record or other thing that the inspector thinks may be

relevant to the inspection;

(

d) in

order to produce a record in readable form, use data storage, information

processing or retrieval devices or systems that are normally used in carrying

on business in the place; and

(

e) question

any person on matters the inspector thinks may be relevant to the inspection.

Written

demand

(7) A

demand that a record or other thing be produced must be in writing and must

include a statement of the nature of the record or other thing to be produced.

Obligation

to produce and assist

(8) If

an inspector demands that a record or other thing be produced, the person who

has custody of the record or thing shall produce it and, in the case of a

record, shall on request provide any assistance that is reasonably necessary to

interpret the record or to produce it in a readable form.

Records

and things removed from place

(9) An

inspector who removes a record or other thing under clause (6) (

c) shall

provide a receipt and return the record or thing to the person within a

reasonable time.

Copy

admissible in evidence

(10) A

copy of a record that purports to be certified by an inspector as being a true

copy of the original is admissible in evidence to the same extent as the

original, and has the same evidentiary value.

Obstruction

(11) No

person shall,

(

a) hinder,

obstruct or interfere with or attempt to hinder, obstruct or interfere with an

inspector conducting an inspection;

(

b) refuse

to answer questions on matters that an inspector thinks may be relevant to an

inspection;

(

c) provide

an inspector with information on matters the inspector thinks may be relevant

to an inspection that the person knows to be false or misleading; or

(

d) prevent

or attempt to prevent an inspector from making inquiries of any person separate

and apart from another person under clause (6) (e).

Appointment

of investigators

(1) The

Minister may appoint persons to be investigators for the purposes of conducting

investigations in order to ensure this Act and the regulations are being

complied with.

Certificate

of appointment

(2) The

Minister shall issue to every investigator a certificate of appointment bearing

the Minister’s signature or a facsimile of the signature.

Production

of certificate of appointment

(3) Every

investigator who is conducting an investigation, including under

section 13,

shall, upon request, produce the certificate of appointment as an investigator.

warrant

(1) Upon

application made without notice by an investigator, a justice of the peace may

issue a warrant, if the justice of the peace is satisfied on information under

oath that there are reasonable grounds for believing that,

(

a) an

inspector is being prevented from doing anything the inspector is entitled to

do under

section 11; or

(

b) a

person has contravened or is contravening this Act or the regulations, and

there is,

(

i) in

any building, dwelling, receptacle or place, anything relating to the

contravention, or

(ii) information

or evidence relating to the contravention that may be obtained through the use

of an investigative technique or procedure or the doing of anything described

in the warrant.

Powers

under warrant

(2) Subject

to any conditions contained in it, a warrant obtained under subsection

(1) authorizes an investigator,

(

a) to

enter or access the building, dwelling, receptacle or place specified in the

warrant and examine and seize anything described in the warrant;

(

b) to

make reasonable inquiries of any person, orally or in writing, with respect to

anything relevant to the investigation;

(

c) to

require a person to produce the information or evidence described in the

warrant and to provide whatever assistance is reasonably necessary, including

using any data storage, processing or retrieval device or system to produce, in

any form, the information or evidence described in the warrant;

(

d) to

use any data storage, processing or retrieval device or system used in carrying

on business in order to produce information or evidence described in the

warrant, in any form; and

(

e) to

use any investigative technique or procedure to do anything described in the

warrant.

Entry

of dwelling

(3) Despite

subsection (2), an investigator shall not exercise the power under a warrant to

enter a place, or part of a place, used as a dwelling, unless,

(

a) the

justice of the peace is informed that the warrant is being sought to authorize

entry into a dwelling; and

(

b) the

justice of the peace authorizes the entry into the dwelling.

Conditions

on warrant

(4) A

warrant obtained under subsection (1) shall contain such conditions as the

justice of the peace considers advisable to ensure that any search authorized

by the warrant is reasonable in the circumstances.

Expert

(5) The

warrant may authorize persons who have special, expert or professional

knowledge and other persons as necessary to accompany the investigator in

respect of the execution of the warrant.

Time

of execution

(6) An

entry or access under a warrant issued under this

section shall be made between

6 a.m. and 9 p.m. unless the warrant specifies otherwise.

Expiry

of warrant

(7) A

warrant issued under this

section shall name a date of expiry, which shall be

no later than 30 days after the warrant is issued, but a justice of the peace

may extend the date of expiry for an additional period of no more than 30 days,

upon application without notice by an investigator.

Use

of force

(8) An

investigator may call upon police officers for assistance in executing the

warrant and the investigator may use whatever force is reasonably necessary to

execute the warrant.

obstruction

(9) No

person shall obstruct an investigator executing a warrant under this

section or

withhold from the investigator or conceal, alter or destroy anything relevant

to the investigation being conducted pursuant to the warrant.

Compliance

(10) If

an investigator under clause (2) (

c) requires a person to produce evidence or

information or to provide assistance, the person shall produce the evidence or

information or provide the assistance as the case may be.

Copies

of seized items

(11) An

investigator who seizes any thing under this

section or

section 14 may make a

copy of it.

Admissibility

(12) A

copy of a document or record certified by an investigator as being a true copy

of the original is admissible in evidence to the same extent as the original

and has the same evidentiary value.

Seizure

of things not specified

14 An investigator who is

lawfully present in a place pursuant to a warrant or otherwise in the execution

of the investigator’s duties may, without a warrant, seize anything in plain

view that the investigator believes on reasonable grounds will afford evidence

relating to a contravention of this Act or the regulations.

Searches

in exigent circumstances

(1) An

investigator may exercise any of the powers described in subsection 13

(2) without a warrant if the conditions for obtaining the warrant exist but by

reason of exigent circumstances it would be impracticable to obtain the

warrant.

Dwellings

(2) Subsection

(1) does not apply to a building or part of a building that is being used as a

dwelling.

Use

of force

(3) The

investigator may, in executing any authority given by this section, call upon

police officers for assistance and use whatever force is reasonably necessary.

Applicability

of s. 13

(4) Subsections

13 (5), (9), (10), (11) and (12) apply with necessary modifications to a search

under this section.

Report

when things seized

(1) An

investigator who seizes any thing under the authority of

section 13, 14 or 15

shall bring it before a justice of the peace or, if that is not reasonably

possible, shall report the seizure to a justice of the peace.

Procedure

(2) Sections

159 and 160 of the Provincial Offences Act apply

with necessary modifications in respect of a thing seized under the authority

section 13, 14 or 15 of this Act, reading the reference in subsection 160

(1) of that Act to a document that a person is about to examine or seize under

a search warrant as a reference to a thing that an investigator is about to

examine or seize under the authority of

section 13, 14 or 15 of this Act.

Enforcement

Orders

Order

to dispose of farmland

(1) The

Minister may issue an order to any person who purchased or otherwise acquired

farmland or an interest in farmland in contravention of this Act or the

regulations requiring that person to dispose of the farmland or the interest in

farmland.

Order

to prohibit purchase, etc.

(2) If

the Minister is satisfied that a person intends to purchase or otherwise

acquire farmland or an interest in farmland in contravention of this Act or the

regulations, the Minister may issue an order to the person prohibiting the

person from proceeding with the purchase or acquisition.

Court

order to comply

(3) If

a person contravenes this Act or the regulations or fails to comply with an

order under this section, the Minister may, in addition to any other remedy and

to any other penalty imposed by law, apply to the Superior Court of Justice for

an order directing the person to comply, and on the application, the court may

make the order that the court thinks fit.

Compliance

with order

(4) A

person shall comply with an order issued under this section.

Offences

(1) A person

is guilty of an offence if the person contravenes any of the following

provisions:

1. Subsection

3 (1) or (2).

Section

3. Subsection

11 (11).

4. Subsection

13 (9).

5. Subsection

17 (4).

6. Any

provision of the regulations that is prescribed by the regulations.

Corporations

(2) If

a corporation commits an offence under this Act, a director or officer of a

corporation who authorized, permitted or concurred in the commission of the

offence is also guilty of an offence.

Penalties,

individual

(3) An

individual convicted of an offence under this Act is liable to a fine of not

more than $500,000.

Penalties,

corporation

(4) A

corporation convicted of an offence under this Act is liable to a fine of not

more than $1,000,000.

Limitation

(5) No

proceeding for an offence under this

section shall be commenced more than two

years after the facts on which the proceeding is based first came to the

knowledge of an investigator.

General

Crown

liability

(1) No cause

of action arises against any current or former member of the Executive Council,

Deputy Minister or employee, officer or agent of the Crown for any act done in

good faith in the exercise or performance, or intended exercise or performance,

of the person’s powers, duties or functions under this Act or for any alleged

neglect, default or other omission in the exercise or performance in good faith

of those powers, duties or functions.

Crown

remains vicariously liable

(2) Despite

subsection 8 (3) of the Crown Liability and Proceedings

Act, 2019 , subsection (1) does not relieve the Crown of liability to

which it would otherwise be subject as a result of the acts or omissions of a

person specified in subsection (1).

liability for acts or omissions of others

(3) No

cause of action arises against the Crown or any person specified in subsection

(1) for

an act or omission of a person other than the Crown or a person

specified in that subsection if the act or omission is related, directly or

indirectly, to the exercise or performance, or intended exercise or

performance, of a power, duty or function under this Act.

Employment,

etc., with prescribed person or entity

(4) If

a person who is an employee, officer or agent of the Crown is employed in or

assigned to or otherwise performs duties directly for a person or entity

prescribed by the regulations to administer a provision of this Act or the

regulations, the person is deemed to be an employee of the prescribed person or

entity and not an employee, officer or agent of the Crown in relation to the

person’s acts or omissions arising from the employment, assignment or

performance for the purposes of this

section and sections 20 and 21 as well as

any claim for vicarious liability.

Proceedings

by Crown not prevented

(5) This

section does not apply with respect to proceedings brought by the Crown.

Prescribed

person or entity liability

personal liability

(1) No cause

of action arises against any individual prescribed by the regulations to

administer a provision of this Act or the regulations or any current or former

director, member, officer, employee or agent of a person or entity prescribed

by the regulations to administer a provision of this Act or the regulations for

any act done in good faith in the exercise or performance, or intended exercise

or performance, of the director’s, member’s, officer’s, employee’s or agent’s

powers, duties or functions under this Act or for any alleged neglect, default

or other omission in the exercise or performance in good faith of those powers,

duties or functions.

Prescribed

person or entity vicariously liable

(2) Subsection

(1) does not relieve a person or entity prescribed by the regulations to

administer a provision of this Act or the regulations of liability to which it

would otherwise be subject as a result of the acts or omissions of a person

specified in subsection (1).

Proceedings

by Crown not prevented

(3) This

section does not apply with respect to proceedings brought by the Crown.

Proceedings

barred

(1) No

proceeding shall be commenced,

(

a) against

any person specified in subsection 19 (1) in respect of a matter referred to in

that subsection;

(

b) against

the Crown or any person specified in subsection 19 (1) in respect of a matter

referred to in subsection 19 (3); or

(

c) against

any person specified in subsection 20 (1) in respect of a matter referred to in

that subsection.

Same

(2) Subsection

(1) does not apply with respect to an application for judicial review, a claim

for a constitutional remedy or any proceeding specifically provided for under

this Act, but does apply with respect to any other court, administrative or

arbitral proceeding claiming any remedy or relief, including specific

performance, an injunction, declaratory relief, a remedy in contract,

restitution, unjust enrichment or tort, a remedy for breach of trust or

fiduciary obligation or any equitable remedy, enforcement of a judgment, order

or award made outside Ontario or any form of compensation or damages including

loss of revenue or profit.

Proceedings

by Crown not prevented

(3) This

section does not apply with respect to proceedings brought by the Crown.

compensation

22 No person is entitled

to any compensation for any loss or damages, including loss of revenues or loss

of profit, arising from the enactment, amendment, repeal or application of this

Act, the making, amendment, revocation or application of the regulations or an

order under this Act or the granting, amendment, revocation or application of a

permission under this Act.

Regulations

23 The Lieutenant Governor

in Council may make regulations,

(

a) respecting

anything that may or must be done by regulation;

(

b) further

defining, specifying or clarifying the definition of “conveyance” in

section 1,

which may include but is not limited to,

(

i) prescribing

types of agreements or arrangements as conveyances,

(ii) excluding

types of agreements or arrangements from the definition of “conveyance”;

(

c) prescribing

criteria for the purposes of the definition of “designated person” in

section

1, including respecting the manner in which and extent to which an individual

corporation, partnership or other entity is connected to Canada;

(

d) further defining, specifying or

clarifying the definition of “farmland” in

section 1, which may include but is

not limited to,

(

i) defining

“farm purposes”,

(ii) providing

that land is farmland if it is used for farm purposes by specified persons,

(iii) excluding

types of land and buildings from the definition,

(iv) providing

that land and buildings are farmland based on previous use for farm purposes

and specifying the time period in which the previous use for farm purposes must

have occurred;

(

e) further defining “interest in farmland” in

section 1, including,

(

i) prescribing

types of interests in farmland for the purposes of clause (

b) of the

definition, which may include but are not limited to rights, shares, debts and

obligations,

(ii) excluding

types of interests in farmland from the definition;

(

f) defining

“acquire” for the purposes of this Act;

(

g) exempting

any person, transaction or quantity of land from the application of subsection

3 (1) and providing that the exemption is subject to such conditions as may be

specified by regulation;

(

h) governing

information required to be provided under

section 4, including,

(

i) prescribing

information to be provided under subsection 4 (1), and

(ii) prescribing

the form and manner in which the information must be provided, which may

include,

(

A) authorizing

the Minister to approve the form and manner, and

(

B) requiring

it to be provided in the form of an affidavit,

(iii) prescribing

persons who must provide the information required by

section 4;

(

i) governing

applications for permission under

section 7, including,

(

i) specifying

information that a person must include in an application,

(ii) specifying

circumstances where the Minister may grant permission,

(iii) prescribing

fees to be paid by applicants for permissions;

(

j) governing

reviews under

section 8, including,

(

i) specifying

information that a person must include when requesting a review,

(ii) specifying

the form and manner in which information must be provided,

(iii) prescribing

procedures respecting reviews, including timing requirements for applying for a

review and notice requirements,

(iv) prescribing

fees to be paid by applicants for reviews.

Commencement and Short

Title

Commencement

24 The Act set out in this

Schedule

comes into force on a day to be named by order of the Lieutenant Governor in

Council.

Short

title

25 The

short title of the Act set out in

this

Schedule is the Farmland Security Act, 2026 .

SCHEDULE 4

FOOD SAFETY AND QUALITY ACT, 2001

(1) Section 2 of the Food Safety and Quality

Act, 2001 is amended by adding the following

definitions:

“delegated

authority” means a delegated authority designated under clause 47 (1) (b); (“organisme

délégataire”)

“requirement

established under this Act” means a requirement imposed by this Act or by a

regulation, a licence, permit or certificate, a condition of a licence, permit

or certificate or a requirement imposed by order; (“exigence établie en vertu

de la présente loi”)

(2) Clauses

(

a) to (

c) of the definition of “food” in

section 2 of the Act are repealed and

the following substituted:

(

a) liquor

as defined in subsection 1 (1) of the Liquor Licence and

Control Act, 2019 , and

(

b) any

product that the regulations specify is not included in this definition.

(3) The

definition of “Minister” in

section 2 of the Act is repealed and the following

substituted:

“Minister”

means the Minister of the Ministry of Agriculture, Food and Agribusiness or

such other member of the Executive Council to whom responsibility for the

administration of this Act may be assigned or transferred under the Executive Council Act ; (“ministre”)

(4) The

definition of “regulatable activity” in

section 2 of the Act is amended by

adding the following paragraph:

3.1 The

raising of animals for use of products of the animal as food.

Subsection 3 (1) of the Act is amended by striking out “a delegate under

section 49” at the end and substituting “a delegated authority”.

(1) Section 12 of the Act is amended by adding the following

clauses:

(j.1) requiring

that a test or analysis that is required under clause (

j) take place at a

laboratory approved by the director and be done using a method approved by the

director;

(j.2) prescribing

purposes for which a sample or test result can be used;

(2) Section

12 of the Act is amended by adding the following subsection:

Use

of samples, milk

(2) Any

sample that is collected pursuant to a regulation made under

section 12 and any

test results from such sample can be used in place of any sample or test that

is required or permitted under the Milk Act .

Section 41 of the Act is repealed and the following substituted:

Administrative

penalties

General

administrative penalties

(1) Subject

to subsection (2) and except with respect to a contravention or non-compliance

set out in subsection (3), if the director is satisfied that a person is

contravening or not complying with or has contravened or not complied with a

requirement established under this Act the director may, by order and subject

to the regulations made under

section 41.2, impose an administrative penalty on

the person in accordance with sections 41 to 41.2 and the regulations, if any,

made under

section 41.2.

Purposes

(2) An

administrative penalty may only be imposed under subsection (1) for the following

purposes:

1. To

promote compliance with the requirements established under this Act.

2. To

prevent a person or entity from deriving, directly or indirectly, any economic

benefit as a result of contravening or failing to comply with a requirement

established under this Act.

3. To

protect the quality and safety of food, agricultural or aquatic commodities and

agricultural inputs.

Mandatory

administrative penalties

(3) If

the director is satisfied that a person is contravening or not complying with or

has contravened or not complied with any of the following, the director shall,

by order, impose an administrative penalty on the person in accordance with

sections 41 to 41.2 and the regulations, if any, made under

section 41.2:

1. A

provision of the Act that is prescribed in a regulation made under

section

41.2.

2. A

provision of the regulations that is prescribed in a regulation made under

section 41.2.

3. A

requirement established under this Act of a type, nature or class prescribed by

or described in the regulations made under

section 41.2.

Other

regulatory measures

(4) An

administrative penalty may be imposed alone or in conjunction with any other

regulatory measure provided by this Act, including an order for preventative

measures issued under

section 31, a compliance order issued under

section 32 or

the amendment, suspension or revocation of a licence.

Content

of order

(5) An

order imposing an administrative penalty under this section, shall be in

writing and shall include the following information:

1. The

amount of the penalty and the payment requirements.

2. The

reasons for the order including the details of the contravention or failure to

comply.

3. Information

indicating that the person can request a review by the director about the order

and informing the person about the process for requesting such a review.

4. Any

information prescribed in a regulation made under

section 41.2.

Limitation

(6) The

director shall not issue an order under subsection (1) or (3) more than two

years after the day the director became aware of the contravention or failure

to comply.

Review

requested

(7) If

a person requests a review in writing within the time prescribed by the

regulations made under

section 41.2 after receiving an order under this

section, the director shall conduct a review with respect to,

(

a) whether

the contravention or failure to comply occurred; and

(

b) if

the amount of the penalty has not been prescribed, whether the amount of the

penalty is justified in the circumstances.

Statutory

Powers Procedure Act

(8) The

Statutory Powers Procedure Act does not apply to a

review conducted under subsection (7).

Director’s

decision

(9) Following

a review, the director may confirm, revoke or vary the order; however, the

director shall not change the amount of the penalty unless the director

considers the amount unreasonable and the amount has not been prescribed.

Appeal

to Tribunal

(10) A

person may appeal the decision made under subsection (9) to the Tribunal by

serving a written notice on the director and the Tribunal within the time

prescribed by the regulations made under

section 41.2 after receiving notice of

the director’s decision, in which case the decision is stayed until the

disposition of the matter.

Tribunal’s

decision

(11) Following

an appeal, the Tribunal may confirm, revoke or vary the order; however, the

Tribunal shall not change the amount of the penalty unless the Tribunal

considers the amount unreasonable and the amount has not been prescribed.

Effect

of paying penalty

(12) If

a person pays the administrative penalty in accordance with the terms of the

order, or if the order is varied, in accordance with the terms of the varied

order, they cannot be charged with an offence under this Act in respect of the

same contravention or failure to comply.

Amount

of administrative penalty

41.1

(1) An

administrative penalty imposed under

section 41 shall be determined as follows:

1. With

respect to an order made under subsection 41 (1), the amount of the

administrative penalty shall not exceed $15,000 for each day or part of a day

on which the contravention or failure occurs or continues.

2. With

respect to an order made under subsection 41 (3), the amount of the

administrative penalty shall be,

i. the

amount specified in or determined in accordance with a regulation made under

section 41.2, or

ii. if

the regulations specify a range of amounts, the amount shall be within that

range, subject to such conditions as may be prescribed by the regulations made under

section 41.2.

Same

(2) Despite

subsection (1), if a person has profited as a result of a contravention or

failure to comply, the amount of the administrative penalty may include the

amount earned in profit.

Absolute

liability

(3) An

order made under

section 41 imposing an administrative penalty against a person

applies even if,

(

a) the

person took all reasonable steps to prevent the contravention or failure to

comply on which the order is based; or

(

b) at

the time of the contravention or failure to comply, the person had an honest

and reasonable belief in a mistaken set of facts that, if true, would have

rendered the contravention or failure to comply innocent.

Payment

(4) The

debt owing pursuant to an administrative penalty is payable to,

(

a) the

Crown in right of Ontario if the Minister appointed the director who imposed

the penalty; or

(

b) the

delegated authority if a delegated authority appointed the director who imposed

the penalty.

Proceeds

(5) The

following rules apply with respect to the proceeds from the payment of an

administrative penalty:

1. If

the administrative penalty was imposed by a director appointed by the Minister

or by a delegated authority that is a Crown agency, the proceeds shall be

placed in the Consolidated Revenue Fund.

2. If

the administrative penalty was imposed by a director appointed by a delegated

authority that is not a Crown agency, the proceeds shall be placed in the

account of the delegated authority.

Enforcement

of administrative penalties

(6) If

a person fails to pay an administrative penalty imposed under

section 41 in

accordance with the terms in the order imposing the penalty, or if the order is

varied in accordance with the terms of the varied order, the director may take

one or more of the following actions:

1. File

the order with the Superior Court of Justice and the order will be enforced as

if it were an order of the court.

2. By

order, suspend any licence, certificate or permit that has been issued to the

person under the Act until the penalty is paid and there is no appeal to the

director or Tribunal of such suspension.

3. Refuse

to renew any licence, certificate or permit until the penalty is paid and there

is no appeal to the director or the Tribunal of such refusal.

Date

of order

(7) For

the purposes of

section 129 of the Courts of Justice Act ,

the day on which the order is filed with the court shall be deemed to be the

date of the order.

Administrative

penalties, regulations

41.2 The Minister may make

regulations,

(

a) prescribing,

specifying or designating anything that is described in sections 41 and 41.1 as

prescribed, specified or designated in the regulations made under

section 41.2;

(

b) specifying

the form and content of orders with respect to administrative penalties;

(

c) specifying

persons or classes of persons to whom a director shall not issue an order under

section 41;

(

d) specifying

the types of contraventions or failures to comply in respect of which, and the

circumstances in which, a director shall not issue an order under subsection 41

(1);

(

e) governing

mandatory administrative penalties for the purposes of subsection 41 (3),

including,

(

i) prescribing

the provisions of this Act or the regulations that when contravened or not

complied with give rise to mandatory administrative penalties, and

(ii) prescribing

or describing the types, nature or classes of contravention or non-compliance

with a requirement established under this Act that give rise to mandatory

administrative penalties;

(

f) governing

the determination of the amount of an administrative penalty, including

criteria to be considered in making such a determination and providing for

different amounts depending on when the penalty is paid;

(

g) setting

a specific amount, prescribing the method for determining an amount or

prescribing a range of amounts of an administrative penalty for the purpose of

paragraph 2 of subsection 41.1 (1);

(

h) specifying

the purposes for which a delegated authority may use amounts it collects for

administrative penalties and requiring that the delegated authority pay all

amounts that are not required for the specified purposes to the Minister or a

separate account in the Consolidated Revenue Fund established by a regulation

made under clause 53 (m);

(

i) providing

for the apportioning of administrative penalties across more than one person;

(

j) prescribing

the circumstances in which a person is not required to pay an administrative

penalty; and

(

k) respecting

any other matter necessary for the administration of a system of administrative

penalties provided for by sections 41 to 41.2.

Subsection 43 (1) of the Act is amended by adding “or a delegated authority”

after “the Minister”.

(1) Clauses 46 (3) (a), (b), (

c) and (

e) of the Act are repealed.

(2) Clause

46 (3) (

g) of the Act is repealed and the following substituted:

(

g) the

Consumer Packaging and Labelling Act (Canada), the Feeds Act (Canada), the Fertilizers

Act (Canada), the Food and Drugs Act

(Canada), the Health of Animals Act (Canada), the Pest Control Products Act (Canada), the Plant Protection Act (Canada), the Safe

Food for Canadians Act (Canada) or the Seeds Act

(Canada).

The Act is amended by striking out the heading “Part VI General” and

substituting the following:

PART VI

DELEGATED AUTHORITY

Sections 47 to 49 of the Act are repealed and the following substituted:

Delegated

authority

(1) If

the requirements set out in sections 47 to 49 are met, the Minister may, by

regulation,

(

a) subject

to subsection (3), delegate the administration of specified provisions of this

Act and the regulations for the purposes of this Act; and

(

b) designate

an entity described in subsection (4) as a delegated authority for the purposes

of this Act, to administer the delegated provisions.

Restrictions

(2) A

delegation described in clause 1 (

a) may be restricted to specified,

(

a) aspects

or purposes of the specified provisions;

(

b) persons

or classes of persons to whom the specified provisions apply;

(

c) foods,

agricultural or aquatic commodities or agricultural inputs or class of such

foods, commodities or inputs;

(

d) parts

of Ontario; or

(

e) time

periods.

Excepted

provisions

(3) The

following provisions of this Act shall not be delegated under clause 1 (a):

1. The

provisions in this Part.

2. Any

provisions setting out the powers and duties of the Minister, a director or an

inspector under this Act with respect to a food safety risk.

Section

12, clauses 41.2 (c), (d), (h), (

j) and (k), subsection 51 (6) and sections 53

and 55.

Eligibility

as delegated authority

(4) An

entity may be designated as a delegated authority if they are a legal entity

and,

(

a) an

organization or association;

(

b) a

marketing board as defined in

section 1 of the Milk Act ;

(

c) a

local board as defined in

section 1 of the Farm Products

Marketing Act ;

(

d) a

board of health as defined in subsection 1 (1) of the Health

Protection and Promotion Act ;

(

e) a

corporation;

(

f) the

(

g) the

Government of any other province or any agency of it; or

(

h) a

Crown agency.

More

than one delegated authority

(5) Two

or more entities may be prescribed by the Minister,

(

a) to

administer different specified provisions of this Act; or

(

b) to

administer the same specified provisions, but with respect to different

specified,

(

i) aspects

or purposes,

(ii) persons

or classes of persons,

(iii) foods,

agricultural or aquatic commodities or agricultural inputs or classes of such

foods, commodities or inputs,

(iv) parts

of Ontario, or

(

v) time

periods.

More

than one designated food or class of food

(6) The

same entity may be prescribed by the Minister as a delegated authority to

administer specified provisions with respect to more than one designated food, agricultural or aquatic commodity or agricultural input or

class of such food, commodity or input.

Persons

bound

(7) A

provision that is delegated to a delegated authority under clause (1) (

a) continues to bind all persons it would bind if it had not been delegated.

Delegating

regulation authority

(1) If

the Minister delegates to a delegated authority the administration of

provisions which permit the Minister to make regulations and the delegated

authority exercises this authority by making rules or instruments, the

delegated authority shall,

(

a) provide

a copy of the rules or instruments to the Minister and to any other person the

Minister specifies;

(

b) publish

the rules or instruments in a manner and at the time that the Minister

specifies; and

(

c) revoke

all, or any parts or provisions of, the rules or instruments at the request of

the Minister.

Same

(2) A

rule or instrument made by a delegated authority shall not be inconsistent with

the Act and the regulations.

Non-application

Part III of Legislation Act, 2006

(3) Despite

section 17 of the Legislation Act, 2006 , if a

delegated authority is a board or commission all the members of which are

appointed by the Lieutenant Governor in Council and the delegated authority

exercise the authority to make rules or instruments under the delegated

provisions,

Part III (Regulations) of the Legislation Act,

2006 does not apply to such rules or instruments.

Conflict

(4) In

the event of a conflict, this Act and the regulations made under it prevail

over, the exercise of any power by the delegated authority, including over any

rules or instruments made by the delegated authority pursuant to a delegation

under this Part.

Requirements

for administrative agreements

(1) An

entity may be prescribed as a delegated authority only if the Minister and the entity

have entered into an administrative agreement with respect to the delegated

provisions.

Contents

(2) The

administrative agreement shall include all matters that the Minister considers

necessary for delegating the administration of the delegated provisions to the

delegated authority, including, at a minimum,

(

a) requirements

relating to the governance of the delegated authority, unless the delegated

authority is a Crown agency, local board or marketing board;

(

b) requirements

with which the delegated authority shall comply in connection with its

administration of the delegated provisions, including a requirement for

adequate insurance against liability arising out of that administration;

(

c) the

financial terms of the delegation, including payments to the Crown, licence

fees, royalties and reimbursements for transfer of assets; and

(

d) terms

providing that the Minister may appoint persons to the board of directors of

the delegated authority, unless the delegated authority is a Crown agency,

local board or marketing board.

Amendment

by Minister

(3) If

the delegated authority is not a Crown agency, the Minister may unilaterally

amend the administrative agreement, after giving the delegated authority the

notice that the Minister considers reasonable in the circumstances.

Revocation of designation and restriction of

delegation

49.1

(1) On

giving notice that the Minister considers reasonable in the circumstances, the

Minister may, by regulation, revoke the designation of the delegated authority

made under clause 47 (1) (

b) or restrict the delegation made under clause 47

(1) (

a) if,

(

a) the

Minister considers the revocation or restriction advisable in the public

interest; or

(

b) the

delegated authority has failed to comply with this Act, the regulations, other

applicable law or the administrative agreement, and

(

i) the

Minister has given the delegated authority an opportunity to remedy the default

within the period that the Minister considers reasonable under the

circumstances, and

(ii) the

delegated authority has failed to remedy the default to the Minister’s

satisfaction within that period.

request

(2) The

Minister may, by regulation, revoke the designation of the delegated authority

made under clause 47 (1) (

b) or restrict the delegation made under clause 47

(1) (

a) on terms that the Minister considers advisable in the public interest

if the delegated authority requests the revocation or restriction.

Transition

(3) A

regulation that revokes a designation or restricts or otherwise changes the

scope of a delegation may provide for any transitional matter necessary for the

effective implementation of the revocation or restriction and such regulation

may,

(

a) address

any administrative or financial matters with respect to the delegated

authority;

(

b) provide

for the transfer or disposal of assets of the delegated authority; or

(

c) provide

for such other matters the Minister considers advisable.

Powers

and duties

Duties

to administer delegated provisions

49.2

(1) A

delegated authority shall administer its delegated provisions in accordance

with this Act and the administrative agreement and shall comply with this Act,

the regulations, other applicable law and the administrative agreement.

Duty

to appoint director

(2) A

delegated authority shall,

(

a) appoint

one or more directors for the purposes of administering and enforcing the

delegated provisions; and

(

b) if

the delegated authority appoints more than one director, the appointment shall

specify the area of responsibility of each director.

Powers

of inspector

(3) A

director appointed under subsection (2) shall have the powers of an inspector

that are,

(

a) included

in a delegated provision that the director has been appointed to administer,

subject to the exemptions and limitations that are set out in the delegated

provision or the appointment of the director; and

(

b) specified

in the appointment.

Duty

to advise the Minister

(4) The

delegated authority shall promptly inform and advise the Minister with respect

to,

(

a) any

material fact that could affect the delegated authority’s ability to perform

its duties under this Act or the regulations; or

(

b) any

urgent or critical matter that is likely to require action by the Minister to

ensure that the administration of the delegated provisions is carried out

properly.

Same

(5) The

delegated authority shall advise or report to the Minister on any matter that

the Minister refers to it and that relates to this Act or the administration of

the delegated provisions.

Duty

to report

(6) Within

one year of the effective date of its designation under the Act, each year

after that and at any other time the Minister requires, a delegated authority

shall provide a report to the Minister that is in a form acceptable to the

Minister and that sets out,

(

a) the

delegated authority’s activities in respect of the Act and the delegated

provisions that have been delegated to it;

(

b) the

delegated authority’s financial affairs in respect of the Act and the delegated

provisions that have been delegated to it; and

(

c) such

other information as the Minister may require.

Powers

and duties under delegated provisions

(7) The

delegated authority is entitled to exercise the powers and shall perform the

duties delegated to it, subject to any restrictions imposed under subsection 47

(2).

Court

order to enforce orders

(8) If

an order is issued by a person exercising an authority under a delegated

provision and the person subject to the order fails to comply with that order,

the delegated authority may apply to the Superior Court of Justice for an order

requiring the person who has not complied to comply with the order.

Provision

of services in French

49.3

(1) A person

has the right to communicate in French with and to receive available services

in French from the delegated authority.

Board

to ensure

(2) The

board of directors of the delegated authority shall take all reasonable

measures and make all reasonable plans to ensure that persons may exercise the

right to communicate in French and receive services in French given by this

section.

Limitation

(3) The

right to communicate in French and receive services in French given by this

section is subject to the limits that are reasonable in the circumstances.

Definition

(4) In

this section,

“service”

means any service or procedure that is provided to a person by the delegated

authority in administration of the delegated provisions and includes responding

to inquiries from members of the public and any other communications for the

purpose of providing the service or procedure.

for Ontarians with Disabilities Act, 2005

applies to a delegated authority as though it were an organization providing

services for the purposes of that Act.

Forms

and fees

49.5

(1) A

delegated authority may,

(

a) establish

forms related to the administration of its delegated provisions and provide for

their content;

(

b) set

and collect fees, costs or other charges related to the administration of the

delegated provisions, in accordance with processes and criteria established by

the delegated authority and approved by the Minister; and

(

c) make

rules governing the payment of the fees, costs and charges described in clause

(b).

Setting

fees

(2) In

setting the fees, costs and charges described in clause (1) (b), the delegated

authority may, subject to the approval of the Minister, specify the amounts or

the method for determining the amounts.

Publication

of fee

schedule

(3) The

delegated authority,

(

a) shall

publish the fees, costs and charges, the processes and criteria and the rules

on its website and in any other way described in the administrative agreement;

and

(

b) may

publish them in any other format the delegated authority considers advisable.

changes to objects or purposes

49.6 The delegated authority

shall not make any changes to its objects or purposes, with respect to food

safety and quality, unless the Minister’s written approval is obtained in

advance.

Application,

not Crown agency

49.7

(1) This

section does not apply where the delegated authority is a Crown agency.

Powers

re employees

(2) The

delegated authority may, subject to the administrative agreement, employ or

retain the services of any qualified person to carry out any of its powers or

duties relating to the administration of the delegated provisions.

Not

Crown employees

(3) The

following persons are not employees of the Crown and shall not hold themselves

out as such:

1. Persons

who are employed or whose services are retained under subsection (2).

2. Members,

officers and agents of the delegated authority.

3. Members

of the board of directors of the delegated authority, including those appointed

by the Minister.

Not

Crown agency

(4) Despite

the Crown Agency Act , the delegated authority is

not an agent of the Crown for any purpose and shall not hold itself out as

such.

Same

(5) The

following persons are not agents of the Crown and shall not hold themselves out

as such:

1. Persons

who are employed or whose services are retained under subsection (2).

2. Members,

officers and agents of the delegated authority.

3. Members

of the board of directors of the delegated authority, including those appointed

by the Minister.

Not

public money

(6) The

delegated authority is not a public entity and the money that it collects in

carrying out the administration of its delegated provisions is not public money

within the meaning of the Financial Administration Act .

Audit

by Auditor General

(7) The

Auditor General appointed under the Auditor General Act may conduct an audit of

the delegated authority, other than an audit required under the Not-for-Profit Corporations Act, 2010 .

Access

to records and information

(8) When

the Auditor General conducts an audit under subsection (1), the delegated

authority shall give the Auditor General and employees of the Auditor General

access to all records and other information required to conduct the audit.

Application,

not Crown agency, marketing board, local board

49.8

(1) This

section does not apply if the delegated authority is a Crown agency, marketing

board or local board.

Minister’s

authority to appoint administrator

(2) The

Minister may, by order, appoint an individual as an administrator of a

delegated authority for the purposes of assuming control of it and

responsibility for its activities with respect to the delegated provisions if

the Minister is of the opinion that it is advisable to do so in the public

interest because at least one of the following conditions is satisfied:

1. The

exercise of the power is necessary to prevent serious harm to the health or

safety of the public.

2. An

event of force majeure has occurred.

3. The

delegated authority is facing a risk of insolvency.

4. The

number of members of the board of directors of the delegated authority is

insufficient for a quorum.

Notice

of appointment

(3) The

Minister shall give the board of directors of the delegated authority the

notice that the Minister considers reasonable in the circumstances before

appointing the administrator.

Immediate

appointment

(4) Subsection

(3) does not apply if there are not enough members on the board of directors of

the delegated authority to form a quorum.

Term

of appointment

(5) The

appointment of the administrator is valid until the Minister makes an order

terminating it or revokes the order made under subsection (2).

Powers and duties of administrator

(6) Unless

the order appointing the administrator provides otherwise, the administrator

has the exclusive right to exercise all the powers and perform all the duties

of the officers and members of the board of directors of the delegated

authority.

Same

(7) In

the order appointing the administrator, the Minister may specify the

administrator’s powers and duties and conditions governing them.

Right

of access

(8) The

administrator has the same rights as the board of directors of the delegated

authority in respect of the delegated authority’s documents, records and

information.

Report

to Minister

(9) The

administrator shall report to the Minister as the Minister requires.

Minister’s

directions

(10) The

Minister may issue directions to the administrator with regard to any matter

within the administrator’s jurisdiction, and the administrator shall carry them

out as soon as reasonably possible.

Status

of board during administrator’s tenure

(11) On

the appointment of an administrator under subsection (2), the members of the

board of directors of the delegated authority cease to hold office, unless the

order provides otherwise.

Same

(12) During

the term of the administrator’s appointment, the powers of any member of the

board of directors of the delegated authority who continues to hold office are

suspended, unless the order provides otherwise.

Conflict

49.9 In the event of a

conflict, this Act and the regulations made under it prevail over,

(

a) the

administrative agreement;

(

b) the

delegated authority’s constating documents, by-laws and resolutions, unless the

delegated authority is a marketing board within the definition in

section 1 of

the Milk Act or a local board; and

(

c) the

Not-for-Profit Corporations Act, 2010 , the Corporations Information Act or a regulation made under

either of those Acts.

Indemnification

of the Crown

49.10 A delegated authority

that is not a Crown agency shall indemnify the Crown in accordance with the

administrative agreement, in respect of damages and costs incurred by the Crown

for any act or omission of the delegated authority or its members, officers,

directors, employees or agents in the execution or intended execution of their

powers and duties under this Act, the regulations, a Minister’s order or the

administrative agreement.

Regulations

49.11 The Minister may make

regulations respecting any matter that Minister considers advisable to carry

out effectively the intent and purpose of this Part, including, prescribing,

specifying, delegating or designating anything that is described as prescribed,

specified, delegated or designated in the regulations or described as prepared

or done in accordance with the regulations in this Part.

Transition

Previous

administration

49.12

(1) Nothing

done by a delegated authority designated under clause 47 (1) (

b) in

administering the provisions delegated to it under clause 47 (1) (a),

(

a) invalidates

anything that was done under the delegated provisions before the day on which

the regulation delegating the provisions comes into force, including, the

making of regulations and appointments and the issuing of licences and

certifications;

(

b) affects

inspections, investigations or proceedings begun under the delegated provisions

before the day on which the regulation delegating the provisions comes into

force; or

(

c) invalidates

anything that was done by an administrative authority designated under the Milk Act , with respect to the administration and

enforcement of the designated legislation under that Act, before the day on

which the regulation delegating the provisions comes into force, if the

administrative authority under the Milk Act is

designated as a delegated authority under this Act.

Milk

Act

(2) If

the Minister designates a delegated authority under this Act that was

previously an administrative authority under the Milk Act ,

the Minister may make regulations providing for transitional matters as the

Minister considers necessary or advisable to address any transitional matters

arising as a result of the repeal of specified provisions of the Milk Act or the revocation of specified provisions of

regulations made under that Act.

Regulations

(3) The

Minister may make regulations, governing any transitional matters with respect

to this Part as the Minister considers necessary or advisable to facilitate the

designation as a delegated authority any entity that was previously delegated

under a different Act.

Same

(4) A

regulation made under this

section may,

(

a) establish

a transition period before the repeal of specified provisions of this Act or

any other prescribed Act or the revocation of specified provisions of

regulations made under this Act or any other prescribed Act, during which the

application of those provisions will be phased out;

(

b) govern

the continuation or conclusion of hearings commenced under the Milk Act or a regulation made under that Act before the

day a specified provision of the Act or regulation is repealed or revoked; or

(

c) govern

other transitional matters that may arise due to the anticipated repeal of

specified provisions of this Act or any other prescribed Act or the revocation

of specified provisions of regulations made under this Act or any other

prescribed Act.

The Act is amended by adding the following heading before

section 50:

PART VII

GENERAL

Section 50 of the Act is repealed and the following substituted:

Crown

liability

personal liability

(1) No

cause of action arises against the following persons for any act done in good

faith in the exercise or performance, or intended exercise or performance, of

the person’s powers, duties or functions under this Act or for any alleged

neglect, default or other omission in the exercise or performance in good faith

of those powers, duties or functions:

1. Any

current or former member of the Executive Council.

2. A

current or former Deputy Minister of the Ministry.

3. A

current or former member of the Tribunal.

4. A

current or former Crown appointee.

5. A

person who is assisting or has assisted an inspector in exercising any powers

under sections 15 to 25 or 36, if the inspector is a public servant employed

under

Part III of the Public Service of Ontario Act, 2006 .

6. A

current or former employee or agent of the Crown.

Crown

remains vicariously liable

(2) Despite

subsection 8 (3) of the Crown Liability and Proceedings

Act, 2019 , subsection (1) does not relieve the Crown of liability to

which it would otherwise be subject as a result of the acts or omissions of a

person specified in subsection (1).

liability for acts or omissions of others

(3) No

cause of action arises against the Crown or any person specified in subsection

(1) for

an act or omission of a person other than the Crown or a person

specified in that subsection, if the act or omission is related, directly or

indirectly, to the exercise or performance, or intended exercise or

performance, of a power, duty or function under this Act.

Employment,

etc. with delegated authority

(4) If

a person who is an employee or agent of the Crown is employed in or assigned to

or otherwise performs duties directly for the delegated authority, the person

is deemed to be an employee of the delegated authority and not an employee or

agent of the Crown specified in subsection (1) in relation to the person’s acts

or omissions arising from the employment, assignment or performance for the

purposes of this

section and sections 50.1 and 50.2 as well as any claim for

vicarious liability.

Proceedings

by Crown not prevented

(5) This

section does not apply with respect to proceedings brought by the Crown.

Delegated

authority liability

personal liability

50.1

(1) No cause

of action arises against any current or former members, officers, directors,

employees or agents of the delegated authority or administrator appointed under

section 49.8 for any act done in good faith in the exercise or performance, or

intended exercise or performance, of the person’s powers, duties or functions

under this Act or for any alleged neglect, default or other omission in the

exercise or performance in good faith of those powers, duties or functions.

Delegated

authority vicariously liable

(2) Subsection

(1) does not relieve the delegated authority of liability to which it would

otherwise be subject as a result of the acts or omissions of a person specified

in subsection (1).

Proceedings

by Crown not prevented

(3) This

section does not apply with respect to proceedings brought by the Crown.

Proceedings

barred

50.2

(1) No

proceeding shall be commenced,

(

a) against

any person specified in subsection 50 (1) in respect of a matter referred to in

that subsection;

(

b) against

the Crown or any person specified in subsection 50 (1) in respect of a matter

referred to in subsection 50 (3); or

(

c) against

any person specified in subsection 50.1 (1) in respect of a matter referred to

in that subsection.

Same

(2) Subsection

(1) does not apply with respect to an application for judicial review or any

proceeding that is specifically provided for under this Act, but does apply

with respect to any other court, administrative or arbitral proceeding claiming

any remedy or relief, including specific performance, an injunction,

declaratory relief, a remedy in contract, restitution, unjust enrichment or

tort, a remedy for breach of trust or fiduciary obligation or any equitable

remedy, enforcement of a judgment, order or award made outside Ontario or any

form of compensation or damages including loss of revenue or profit.

Proceedings

by Crown not prevented

(3) This

section does not apply with respect to proceedings brought by the Crown.

Agreements

with Canada, etc.

50.3 The Minister may enter

province of Canada or agency of it, any other Minister of the Government of

Ontario, any agency of that government, any individual, partnership,

organization, association, marketing board, board of health as defined in

subsection 1 (1) of the Health Protection and Promotion

Act or corporation providing for,

(

a) the

more efficient carrying out within Ontario of the purpose and intent of this

Act;

(

b) the

exercise by the party contracting with the Minister, on behalf of the

Government of Ontario, of powers or duties under this Act of the Minister, a

director, an inspector or any person authorized to act in any way on behalf of

any of them; or

(

c) the

payment of money required for the exercise by the party contracting with the

Minister of powers or duties under clause (b).

(1) Subsection 51 (1) of the Act is amended by striking out “The

Minister may require any person to reimburse the Minister or a delegate” at the

beginning and substituting “The Minister or the delegated authority may require

any person to reimburse the Minister or the delegated authority”.

(2) Subsection

51 (2) of the Act is amended by striking out “The Minister may require any

person described in subsection (3) to reimburse the Minister or a delegate” at

the beginning and substituting “The Minister or the delegated authority may

require any person described in subsection (3) to reimburse the Minister or the

delegated authority”.

(3) Subsection

51 (5) of the Act is amended by striking out “The Minister” at the beginning

and substituting “The Minister or the delegated authority”.

(4) Subsection

51 (6) of the Act is repealed and the following substituted:

Regulations

(6) The

Minister may make regulations requiring a delegated authority that receives a

reimbursement under this

section to pay to the Minister any amount that was not

required for the purposes of that reimbursement.

(1) Clause 52 (

g) of the Act is repealed and the following

substituted:

(

g) requiring

that a person, who is required to pay the fees that are mentioned in clause

(a), (

b) or (

c) in respect of provisions delegated under clause 47 (1) (

a) and

that are specified in the regulations, shall pay them to the delegated

authority to whom the administration and enforcement of the delegated

provisions is delegated;

(2) Clause

52 (

h) of the Act is amended by striking out “delegate” wherever it appears and

substituting in each case “delegated authority”.

Clause 53 (

a) of the Act is amended by adding “or matters that are described as

prescribed by the regulations made under

section 41.2 or described in

Part VI

as prescribed” at the end.

Consequential

amendments

Health

Protection and Promotion Act

Section 18 of the Health Protection and Promotion Act

is amended by striking out “ Milk Act ” wherever it

appears and substituting in each case “ Food Safety and

Quality Act, 2001 ”.

Commencement

(1) Except as otherwise provided in this section, this

Schedule

comes into force on a day to be named by order of the Lieutenant Governor in

Council.

(2) Subsection

1 (3) comes into force on the day the Protecting Ontario’s

Food Independence Act, 2026 receives Royal Assent.

SCHEDULE 5

MILK ACT

(1) The

definitions of “administrative agreement”, “administrative

authority”, “cream transfer station”, “designated administrative authority”,

“designated legislation”, “distributor”, “field-person”, “fluid milk products”,

“Grade A milk”, “industrial milk”, “milk transfer station”, “plant”,

“reconstituted milk” and “Tribunal” in

section 1 of the Milk

Act are repealed.

(2) The

definition of “Director” in

section 1 of the Act is repealed and the following

substituted:

“Director”

means the Director appointed under this Act; (“directeur”)

(3) The

definitions of “milk product”, “Minister”, “plan” and “regulated product” in

section 1 of the Act are repealed and the following substituted:

“milk

product” means any product processed or derived in whole or in part from milk,

including already processed milk, and includes cream, butter, cheese, cottage

cheese, condensed milk, milk powder, dry milk, ice cream, ice cream mix,

casein, malted milk, sherbet, milk protein concentrate and such other products

as are designated as milk products in the regulations; (“produit du lait”)

“Minister”

means the Minister of the Ministry of Agriculture, Food and Agribusiness or

such other member of the Executive Council to whom responsibility for the

administration of this Act may be assigned or transferred under the Executive Council Act ; (“ministre”)

“plan”

means a plan that is in force under this Act to provide for the control and

regulation of the producing or marketing or both of milk, the marketing of milk

products or any combination thereof; (“plan”)

“regulated

product” means milk or milk products, or any class of milk or milk products, in

respect of which a plan is in force; (“produit réglementé”)

(4) The

definition of “processing” in

section 1 of the Act is amended by striking out

“or fluid milk products” and “or cream” wherever they appear.

(5) The

definition of “processor” in

section 1 of the Act is amended by striking out

“or fluid milk products” at the end.

(6) The

definition of “producer” in

section 1 of the Act is amended by striking out

“cream or cheese” at the end.

(1) Clause 2 (

b) of the Act is amended by striking out “cream or

cheese, or any combination thereof”.

(2) Section

2 of the Act is amended by striking out “and” at the end of clause (b), by

adding “and” at the end of clause (

c) and by adding the following clause:

(

d) to

provide for the control and regulation in any or all respects of the marketing

within Ontario of milk products, including the prohibition of such marketing in

whole or in part.

(3) Section

2 of the Act is amended by adding “and” at the end of clause (

b) and by

repealing clause (c).

The Act is amended by striking out the heading “Administration and

Enforcement”.

Sections 2.1 to 2.11 of the Act are repealed.

The Act is amended by adding the following

section immediately after the

heading “General”:

Director

2.1 The Minister may

appoint a Director who shall exercise the powers and perform the duties that

are conferred or imposed on the Director under the Act.

(1) Clause 3 (2) (

d) of the Act is repealed and the following

substituted:

(

d) require

persons engaged in producing or marketing a regulated product to register the

business contact information and description of the business with the

Commission or the marketing board;

(2) Clause

3 (2) (

f) of the Act is amended by adding “equipment” after “documents”.

(3) Clause

3 (2) (f.1) of the Act is repealed.

(4) Clause

3 (2) (

j) of the Act is amended by striking out “or field-person”.

(5) Subsection

3 (5) of the Act is amended by striking out “other than clause 2 (f.1)”

Section 4 of the Act is repealed and the following substituted:

Powers

of inspectors

person appointed by the Commission or a marketing board to inspect the books,

records, documents, equipment and premises of persons engaged in the producing

or marketing of a regulated product may,

(

a) enter

and inspect any premises or conveyance used for the producing or marketing of a

regulated product and inspect anything relevant to the inspection found in the

premises or conveyance;

(

b) stop

any conveyance that they believe may contain any regulated product and inspect

the conveyance and any regulated product found in it; or

(

c) obtain

a sample of any regulated product at the expense of the owner for the purpose

of making an inspection of it.

Subsection 5 (1) of the Act is amended by striking out “cream or cheese, or any

combination thereof”.

(1) Clause 6 (1) (

a) of the Act is repealed and the following

substituted:

(

a) establishing,

amending and revoking plans for the control and regulation of the producing or

marketing within Ontario or any part thereof of milk or the marketing of milk

products or any combination thereof, and constituting marketing boards to

administer such plans;

(2) Clause

6 (1) (

c) of the Act is repealed and the following substituted:

(

c) prescribing

the powers, duties and functions of a marketing board constituted under clause

(a);

(3) Clause

6 (2) (

b) of the Act is amended by striking out “milk, cream or cheese” and

substituting “milk or milk products”.

(4) Section

6 of the Act is amended by adding the following subsection:

Not

a Crown agency

(4.1) A

marketing board is not a Crown agency and shall not hold itself out as such.

(5) Section

6 of the Act is amended by adding the following subsections:

Eligibility

as delegated authority

(4.2) A

marketing board may be designated as a delegated authority under the Food Safety and Quality Act, 2001 to administer the

delegated provisions of that Act.

Same,

fees

(4.3) A

marketing board designated as a delegated authority under the Food Safety and Quality Act, 2001 may use any class of

licence fees and any other money payable to it for the purposes of paying the

board’s expenses for costs incurred as a delegated authority.

Section 6.1 of the Act is repealed and the following substituted:

Regulations

6.1 Subject to the

Minister’s approval, the Commission may make regulations amending plans for the

control and regulation of the producing or marketing within Ontario or any part

thereof of milk or the marketing of milk products or any combination thereof,

and constituting marketing boards to administer those plans.

(1) Paragraph 5 of subsection 7 (1) of the Act is amended by

striking out “or” at the end of subparagraph (

i) and by adding the following

subparagraphs:

iii. where

the applicant or licensee has received an administrative penalty under the Food Safety and Quality Act, 2001 , or

iv. where

the applicant or licensee has failed to comply with or contravened any

provision of the Food Safety and Quality Act, 2001

that is administered by a marketing board as the delegated authority;

(2) Subsection

7 (1) of the Act is amended by adding the following paragraphs:

15.1 requiring

a marketing board to furnish specified information relating to the allocation

of milk for processing to entities that may be affected by the allocation;

. . . .

37.1 governing

the sampling and testing of any regulated product, including the use of samples

collected under the Food Safety and Quality Act, 2001

in any sampling and testing;

37.2 establishing,

setting and governing fees payable for sampling or testing of any regulated

product;

. . . .

38.1 authorizing a marketing board to detain

and dispose of any regulated product produced or marketed in violation of this

Act or the regulations;

. . . .

41.1 designating

as a milk product any product processed or derived in whole or in part from

milk;

41.2 establishing

classes of milk or milk products;

(3) Paragraph

42 of subsection 7 (1) of the Act is amended by striking out “milk or cream”

and substituting “milk or milk products”.

(4) Subsection

7 (1) of the Act is amended by adding the following paragraphs:

43.1 prescribing

bases on which milk and milk products received at a plant shall be paid for the

purposes of

section 12;

. . . .

49.1 providing

for deductions from money payable to a producer any money owed by the producer

under the Food Safety and Quality Act, 2001 to a

marketing board designated as a delegated authority under that Act;

(5) Section

7 of the Act is amended by adding the following subsections:

Adoption

of documents, etc. in regulations

(13) A

regulation made under subsection (1) may adopt by reference, in whole or in

part, with such changes as the Commission considers necessary, any document,

code, formula, standard, protocol or procedure created or approved by the

Canadian Dairy Commission and may require compliance with any document so adopted.

Rolling

incorporation

(14) The

power to adopt by reference and require compliance with a document, code,

formula, standard, protocol or procedure in subsection (13) includes the power

to adopt it as it may be amended from time to time.

Sections 8 and 9 of the Act are repealed and the following substituted:

Production

of records, etc.

Upon

the request of an officer of the Commission, a marketing board or of a person

appointed to carry out any of the duties referred to in clause 3 (2) (f), a

person shall,

(

a) provide

such books, records and documents in respect of a regulated product as

requested;

(

b) permit

the inspection of and supply extracts of a regulated product as requested; and

(

c) permit

the inspection of such equipment, conveyance or premises as requested.

Powers

on inspection

Entry

onto conveyance or premises

(1) A

person authorized under this Act to enter any conveyances or premises may do so

at any reasonable time.

Dwellings

(2) Subsection

(1) does not authorize a person to enter a premises or part of a premises that

is being used as a dwelling without a warrant, unless notice of the inspection

has been provided to the occupant and the occupant consents to the entry.

Warrants

(3) A

person appointed to carry out any of the duties referred to in clause 3 (2) (

f) may apply, without notice, to a provincial judge or a justice of the peace to

obtain a warrant to,

(

a) enter

premises that are used as a dwelling; or

(

b) enter

any premises or conveyance,

(

i) if

entry to the premises or conveyance has been refused, or

(ii) if

there are reasonable grounds to believe that entry to the premises or

conveyance is likely to be refused.

Application,

dwelling

(4) An

application for a warrant to enter a premises that is used as a dwelling shall

indicate in the application that the application relates to a premises that is

used as a dwelling.

Obstruction

(5) No

person shall hinder or obstruct any person who is exercising a power or

carrying out a duty under this Act or refuse to answer questions on matters

relevant to the exercise of that power or the carrying out of that duty or

provide the person exercising that power or carrying out that duty with false

or misleading information.

Certificate of appointment

(6) The

production by any person of a certificate of their appointment by the

Commission or a marketing board under this Act purporting to be signed by the

chair and secretary of the Commission or the marketing board shall be accepted

by any person as proof, in the absence of evidence to the contrary, of the

appointment.

Sections 10 and 11 of the Act are repealed and the following substituted:

Producer-processor

(1) Any

person who is a producer and a processor of a regulated product is entitled, in

their respective capacities as a producer and as a processor, to all the rights

and privileges and is subject to all the duties and obligations of a producer

and of a processor.

Same

(2) Any

person who is a producer and a processor of a regulated product is deemed to

have,

(

a) received,

in their capacity as a processor, any regulated product they produced in their

capacity as a producer and processed in their capacity as a processor; and

(

b) contracted,

in their capacity as a producer and as a processor, for the sale of such

regulated product upon the condition that the regulations, orders, directions,

agreements and awards and the renegotiated agreements and awards made under

this Act apply.

Producer

deemed to be a producer-processor

(3) If

one or more producers, directly, through a corporation of which they are

members or shareholders or through an agent, arranges for a processor to

process, on their account, a regulated product that the producers produced,

such producers are deemed to be producers and processors for the purposes of

subsections (1) and (2).

Producer

and person marketing regulated product

(1) Any

person who is a producer and who is engaged in marketing a regulated product is

entitled, in their respective capacities as a producer and as a person engaged

in marketing the regulated product, to all the rights and privileges and is

subject to all the duties and obligations of a producer and of a person engaged

in marketing the regulated product.

Same

(2) Any

person who is a producer and who is engaged in marketing a regulated product is

deemed to have,

(

a) received,

in their capacity as a person engaged in marketing the regulated product, any

regulated product they produced in their capacity as a producer; and

(

b) contracted,

in their capacity as producer and as a person engaged in marketing the

regulated product, for the sale of such regulated product upon the condition

that the regulations, orders, directions, agreements and awards and the

renegotiated agreements and awards made under this Act apply.

Producer

deemed to be a person marketing regulated product

(3) If

one or more producers, directly, through a corporation of which they are

members or shareholders or through an agent, arrange for a person engaged in

marketing to market, on their account, a regulated product that the producers

produced, such producers are deemed to be producers and persons who engage in

marketing for the purposes of subsections (1) and (2).

The Act is amended by adding the following sections:

Basis

of payment for milk and milk products

All

milk and milk products received at a plant shall be paid for on the basis of

the fat, proteins and other solids contained in the milk or on such other bases

as may be prescribed in the regulations made under subsection 7 (1).

Scope

of by-laws

12.1 Despite this or any

other Act, no council of a local municipality shall by by-law require that milk

products sold in the municipality be produced or processed in the municipality

or in any other designated area.

Sections 13 to 20 of the Act are repealed.

Section 22 of the Act is repealed and the following substituted:

Injunction

proceedings

(1) Despite

any other remedy or any penalty, the contravention by any person of a provision

of this Act or the regulations or any plan, order, direction, agreement or

award made under this Act may be restrained by order of a judge of the Superior

Court of Justice upon application without notice by the Crown in right of

Ontario or a member of the Executive Council and the judge may make the order

and it may be enforced in the same manner as any other order or judgment of the

Superior Court of Justice.

Transition

(2) Any

order of the Superior Court of Justice, that was issued before or after the

coming into force of

section 16 of

Schedule 5 to the Protecting

Ontario’s Food Independence Act, 2026 and that has not been set aside,

ordering any of the following restrictions is deemed to be an order issued

under

section 43 of the Food Safety and Quality Act, 2001

in relation to that same restriction:

1. An

order restraining a person from operating a plant without a licence.

2. An

order restraining a person from hindering or obstructing an inspection by a

field-person.

3. An

order restraining a person from preventing an officer appointed by the Director

from exercising their powers.

Section 23 of the Act is amended by striking out the following wherever they

appear:

(a) “or

for milk or cream”;

(b) “or

of milk or cream”; and

(c) “milk

or cream”.

Section 25 of the Act is amended by striking out “milk, cream or cheese” and

substituting “milk or milk products”.

The Act is amended by adding the following section:

Transition

Regulations

26.1

(1) The

Minister may make regulations providing for such transitional matters as the

Minister considers necessary or advisable,

(

a) with

respect to or arising from the enactment of

section 4

Schedule 5 of the Protecting Ontario’s Food Independence Act, 2026 ;

(

b) to

address any transitional matters with respect to an administrative authority

under this Act;

(

c) with

respect to any permits or licenses issued under this Act;

(

d) with

respect to any reconsiderations or appeals that were started under this Act

before the day

section 4 of

Schedule 5 of the Protecting

Ontario’s Food Independence Act, 2026 came into force;

(

e) to

allow for the continuation of any orders made under this Act;

(

f) to

address any matters with respect to the sampling or testing of milk or milk

products.

Administrative

authority made regulations revoked

(2) Any

regulation or instrument made by an administrative authority under

section 19

as it read before

section 15 of

Schedule 5 of the Protecting

Ontario’s Food Independence Act, 2026 came into force, pursuant to the

delegation of the authority to make such regulation under

section 19.1 as it

read before

section 15 of

Schedule 5 of the Protecting

Ontario’s Food Independence Act, 2026 came into force, is deemed to be

revoked and of no force and effect.

Subsection 27 (2) of the Act is amended by adding “for which a plan is not in

force” after “in relation to any milk product” in the portion before clause

(a).

Ministry

of Agriculture, Food and Rural Affairs Act

Clause 6 (1) (

b) of the Ministry of Agriculture, Food and

Rural Affairs Act is amended by striking out “a field-person appointed

under the Milk Act or” at the beginning.

Commencement

(1) Except as otherwise provided in this section, this

Schedule

comes into force on a day to be named by order of the Lieutenant Governor in

Council.

(2) Subsections

1 (3), 2 (1) and (2) and 6 (1),

section 8, subsections 9 (1) to (4),

section

10, subsections 11 (3) and (5) and sections 17, 18 and 20 come into force on

the day the Protecting Ontario’s Food Independence Act,

2026 receives Royal Assent.

SCHEDULE 6

MINISTRY OF AGRICULTURE, FOOD AND RURAL AFFAIRS ACT

The definition of “Tribunal” in

section 1 of the Ministry

of Agriculture, Food and Rural Affairs Act is amended by striking out “Agriculture,

Food and Rural Affairs Appeal Tribunal” and substituting “Agriculture and

Agri-Food Protection Tribunal”.

Clause 6 (1) (

b) of the Act is amended by striking out “Agriculture, Food and

Rural Affairs Appeal Tribunal” and substituting “Agriculture and Agri-Food

Protection Tribunal”.

Subsection 14 (1) of the Act is repealed and the following substituted:

Tribunal

continued

(1) The

Agriculture, Food and Rural Affairs Appeal Tribunal is continued under the name

protection des secteurs agricole et agroalimentaire in French.

(1) The French version of subsection 16 (9) of the Act is amended

by,

(

a) striking

out “Le Tribunal conclut l’audition” at the beginning and substituting “Le

Tribunal conclut l’audience”; and

(

b) striking

out “remettre l’audition” and substituting “ajourner l’audience”.

(2) Subsection

16 (12) of the Act is repealed and the following substituted:

Notice

of decision

(12) The

Tribunal shall, within 30 days after the hearing is completed, send notice of

its decision and reasons, if any, to all parties to the appeal and to the

Minister.

(3) Section

16 of the Act is amended by adding the following subsection:

Same

(17) If

a hearing is completed before the day subsection 4 (2) of

Schedule 6 to the Protecting Ontario’s Food Independence Act, 2026 comes

into force and the Tribunal has not sent notice of its decision and reasons, if

any, to all parties to the appeal and to the Minister by that day, the Tribunal

shall have 30 days from the day the hearing is completed to send the notice.

Consequential

Amendments and Commencement

Agricultural

Employees Protection Act, 2002

The definition of “Tribunal” in subsection 2 (1) of the Agricultural

Employees Protection Act, 2002 is amended by striking out “Agriculture,

Food and Rural Affairs Appeal Tribunal” and substituting “Agriculture and

Agri-Food Protection Tribunal”.

Agricultural

Products Insurance Act, 1996

The definition of “Tribunal” in

section 1 of the Agricultural

Products Insurance Act, 1996 is amended by striking out “Agriculture,

Food and Rural Affairs Appeal Tribunal” and substituting “Agriculture and

Agri-Food Protection Tribunal”.

Agricultural

Tile Drainage Installation Act

The definition of “Tribunal” in

section 1 of the Agricultural

Tile Drainage Installation Act is amended by striking out “Agriculture,

Food and Rural Affairs Appeal Tribunal” and substituting “Agriculture and

Agri-Food Protection Tribunal”.

Animal

Health Act, 2009

The definition of “Tribunal” in

section 2 of the Animal

Health Act, 2009 is amended by striking out “Agriculture, Food and Rural

Affairs Appeal Tribunal” and substituting “Agriculture and Agri-Food Protection

Tribunal”.

Animals

for Research Act

The definition of “Tribunal” in subsection 1 (1) of the Animals

for Research Act is amended by striking out “Agriculture, Food and Rural

Affairs Appeal Tribunal” and substituting “Agriculture and Agri-Food Protection

Tribunal”.

Commodity

Board Members Act

The definition of “Tribunal” in subsection 1 (1) of the Commodity

Board Members Act is amended by striking out “Agriculture, Food and

Rural Affairs Appeal Tribunal” and substituting “Agriculture and Agri-Food

Protection Tribunal”.

Drainage

Act

The definition of “Tribunal” in

section 1 of the Drainage

Act is amended by striking out “Agriculture, Food and Rural Affairs

Appeal Tribunal” and substituting “Agriculture and Agri-Food Protection

Tribunal”.

Farm

Implements Act

The definition of “Tribunal” in

section 1 of the Farm

Implements Act is amended by striking out “Agriculture, Food and Rural

Affairs Appeal Tribunal” and substituting “Agriculture and Agri-Food Protection

Tribunal”.

Farm

Registration and Farm Organizations Funding Act, 1993

The definition of “Tribunal” in

section 1 of the Farm

Registration and Farm Organizations Funding Act, 1993 is amended by

striking out “Agriculture, Food and Rural Affairs Appeal Tribunal” and

substituting “Agriculture and Agri-Food Protection Tribunal”.

Food

Safety and Quality Act, 2001

The definition of “Tribunal” in

section 2 of the Food

Safety and Quality Act, 2001 is amended by striking out “Agriculture,

Food and Rural Affairs Appeal Tribunal” at the end and substituting “Agriculture

and Agri-Food Protection Tribunal”.

Line

Fences Act

Clause 20 (2) (

b) of the Line Fences Act is amended

by striking out “Agriculture, Food and Rural Affairs Appeal Tribunal” and

substituting “Agriculture and Agri-Food Protection Tribunal”.

Livestock

Community Sales Act

The definition of “Tribunal” in

section 1 of the Livestock

Community Sales Act is amended by striking out “Agriculture, Food and

Rural Affairs Appeal Tribunal” and substituting “Agriculture and Agri-Food

Protection Tribunal”.

Milk

Act

The definition of “Tribunal” in

section 1 of the Milk Act

is amended by striking out “Agriculture, Food and Rural Affairs Appeal Tribunal”

and substituting “Agriculture and Agri-Food Protection Tribunal”.

Protecting

Farmers from Non-Payment Act (Regulating Agricultural Product Dealers and

Storage Operators), 2023

The definition of “Tribunal” in subsection 1 (1) of the Protecting

Farmers from Non-Payment Act (Regulating Agricultural Product Dealers and

Storage Operators), 2023 is amended by striking out “Agriculture, Food

and Rural Affairs Appeal Tribunal” and substituting “Agriculture and Agri-Food

Protection Tribunal”.

Commencement

This

Schedule comes into force on a day to be named by order of the Lieutenant

Governor in Council.

SCHEDULE 7

ONTARIO FOOD TERMINAL ACT

(1) Subsection 1 (1) of the Ontario Food

Terminal Act is amended by adding the following definition:

“Deputy

Minister” means the deputy minister to the Minister; (“sous-ministre”)

(2) The

definition of “Minister” in subsection 1 (1) of the Act is repealed and the

following substituted:

“Minister”

means the Minister of Agriculture, Food and Agribusiness or such other member

of the Executive Council to whom responsibility for the administration of this

Act may be assigned or transferred under the Executive

Council Act ; (“ministre”)

Section 2 of the Act is amended by adding the following subsection:

Crown

agent

(2.1) The

Board is an agent of the Crown in right of Ontario.

Section 7 of the Act is amended by striking out “such reserve funds as the

Board may determine” and substituting “such reserve funds, including a capital

fund, as the Board may determine” in the portion after clause (c).

The Act is amended by adding the following sections:

Crown

liability

personal liability

11.0.1

(1) No cause

of action arises against any current or former member of the Executive Council,

current or former Deputy Minister or any current or former employee or agent of

the Crown for any act done in good faith in the exercise or performance, or

intended exercise or performance, of the person’s powers, duties or functions

under this Act or for any alleged neglect, default or other omission in the

exercise or performance of those powers, duties or functions.

Crown

remains vicariously liable

(2) Despite

subsection 8 (3) of the Crown Liability and Proceedings

Act, 2019 , subsection (1) does not relieve the Crown of liability to

which it would otherwise be subject as a result of the acts or omissions of a

person specified in subsection (1).

liability for acts or omissions of others

(3) No

cause of action arises against the Crown or any person specified in subsection

(1) for

an act or omission of a person other than the Crown or a person

specified in that subsection, if the act or omission is related, directly or

indirectly, to the exercise or performance, or intended exercise or

performance, of a power, duty or function under this Act.

Employment,

etc. with the Board

(4) If

a person who is an employee or agent of the Crown is employed in or assigned to

or otherwise performs duties directly for the Board, the person is deemed to be

an employee of the legal entity and not an employee or agent of the Crown

specified in subsection (1) in relation to the person’s acts or omissions

arising from the employment, assignment or performance for the purposes of this

section and sections 11.0.2 and 11.0.3 as well as any claim for vicarious

liability.

Proceedings

by Crown not prevented

(5) This

section does not apply with respect to proceedings brought by the Crown.

Board’s

liability

personal liability

11.0.2

(1) No

cause of action arises against any current or former members of the Board,

manager of the Terminal or officers and employees of the Board for any act done

in good faith in the exercise or performance, or intended exercise or

performance, of the person’s powers, duties or functions under this Act or for

any alleged neglect, default or other omission in the exercise or performance

in good faith of those powers, duties or functions.

Board

vicariously liable

(2) Subsection

(1) does not relieve the Board of liability to which it would otherwise be

subject a