Agricultural Research Institute of Ontario Amendment Act, 2024 — Bill 155 (43rd Parliament, 1st Session)
Bill 155, 43-1
Ontario — Bills
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Bill 155, Agricultural Research Institute of Ontario Amendment Act, 2024
Thompson, Hon. Lisa M. Minister of Agriculture, Food and Rural Affairs
Royal Assent received. Statutes of Ontario 2024,
chapter 8
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Bill 155 Royal Assent (PDF)
EXPLANATORY
NOTE
This
Explanatory Note was written as a reader’s aid to Bill 155 and does not form
part of the law.
Bill 155 has been enacted as
Chapter 8 of the Statutes of Ontario, 2024.
The Bill amends the Agricultural
Research Institute of Ontario Act with respect to various matters
including the following:
1. The
title of the Act is changed to the Agricultural Research
and Innovation Ontario Act and the Corporation is renamed as Agricultural
Research and Innovation Ontario.
2. New
subsection 2 (1.2) provides that the Corporation is an agent of the Crown.
Other corporate matters, including the objects of the Corporation, are provided
for in sections 2 to 3.
3. The
powers of the Corporation are set out in new sections 3.1 and 3.2 and new
sections 3.3 to 3.7 set out financial matters with respect to the Corporation.
Section
9 is amended to provide for the appointment of a Managing Director and the
duties of the Managing Director.
5. New
sections 13.1 to 13.3 provide for various matters respecting Crown liability
and liability of the Corporation.
6. Authority
for the Minister to make regulations is provided for in new
section 15.
Bill 155 2024
Act to amend the Agricultural Research Institute of Ontario Act
Preamble
The
Agricultural Research Institute of Ontario has played a valuable role in
furthering the agricultural industry in Ontario. The Government of Ontario
believes that the amendments in this Act, including the renaming of the
Agricultural Research Institute of Ontario as Agricultural Research and
Innovation Ontario, will further Ontario’s commitment to excellence in
agriculture, food processing and the development of agricultural and food
technology.
particular, the amendments will facilitate the pursuit and commercialization of
high-impact research and innovation, the management of properties for
agriculture and food research, the cultivation of strategic relationships and
the support of the growth of the agriculture and food sectors. Emerging crop and
livestock sectors and new technologies stand to benefit from such areas of
research.
Therefore,
His Majesty, by and with the advice and consent of the Legislative Assembly of
the Province of Ontario, enacts as follows:
The title of the Agricultural Research Institute of
Ontario Act is repealed and the following substituted:
Agricultural
Research And Innovation Ontario Act
(1) The Act is amended by adding the following heading immediately
before
section 1:
Interpretation
(2) The
definition of “Director of Research” in
section 1 of the Act is repealed.
(3) Section
1 of the Act is amended by adding the following
definitions:
“board
of directors” means the board of directors of the Corporation; (“conseil
d’administration”)
“Corporation”
means Agricultural Research and Innovation Ontario continued under
section 2;
(“société”)
“innovation”
means new and emerging research, technology and processes or other products or
services; (“innovation”)
“knowledge
translation and transfer” means transformation of knowledge into use through
synthesis, exchange, dissemination, dialogue, collaboration and brokering among
researchers and research users; (“application et transfert des connaissances”)
“Managing
Director” means the administrator of the Corporation appointed under
section 9;
(“directeur général”)
(4) The
definition of “research” in
section 1 of the Act is repealed and the following
substituted:
“research”
means a systematic investigation designed to develop or establish principles,
facts or generalizable knowledge, or any combination of them, and includes the
development, testing and evaluation of research; (“recherche”)
(5) The
definition of “Research Institute” in
section 1 of the Act is repealed.
(1) The Act is amended by adding the following heading immediately
before
section 2:
Corporate
Matters
(2) Subsections
2 (1) and (1.1) of the Act are repealed and the following substituted:
Corporation
continued
(1) The
Agricultural Research Institute of Ontario, a body corporate without share
capital responsible to the Minister, is continued under the name Agricultural
agricoles Ontario in French.
Members
(1.1) The
Corporation is composed of the members of its board of directors.
Crown
agent
(1.2) The
Corporation is an agent of the Crown.
Application
of certain Acts
(1.3) The
Not-for-Profit Corporations Act, 2010 and the Corporations Information Act do not apply to the Corporation,
except as specifically made applicable by this Act or the regulations.
Standard
of care, indemnification
(1.4) Subsection
43 (1) and
section 46 of the Not-for-Profit Corporations
Act, 2010 apply to the Corporation and its directors and officers.
(3) Subsection
2 (2) of the Act is repealed and the following substituted:
Composition
(2) The
board of directors shall be composed of at least seven and no more than 15
members appointed by the Minister.
(4) Subsections
2 (3) to (6) of the Act are amended by striking out “Research Institute” wherever
it appears and substituting in each case “Corporation”.
(5) Subsection
2 (7) of the Act is repealed and the following substituted:
Acting
chair
(7) If
the chair is absent or unable to act or if the office of chair is vacant, the
vice chair shall act as chair.
(6) Subsection
2 (8) of the Act is amended by striking out “Research Institute” and
substituting “Corporation”.
The Act is amended by adding the following sections:
By-laws
2.1
(1) Subject
to the approval of the Minister, the board of directors may make by-laws
governing the management of the Corporation’s affairs.
Committees
(2) The
board of directors may, by by-law, establish committees of the board.
Same
(3) A
by-law establishing a committee shall provide for the committee’s composition,
functions and operation, and may provide that persons who are not members of
the board of directors may serve on the committee.
Delegation
(4) The
Corporation may delegate duties to a committee that is composed entirely of
members of the board of directors.
Financial
by-laws
2.2
(1) A by-law
of the Corporation with respect to borrowing, temporary investing or managing
financial risks does not take effect until it is approved in writing by the
Minister and the Minister of Finance.
Co-ordination
of financing activities
(2) All
borrowing, temporary investment of funds and financial risk management
activities of the Corporation shall be co-ordinated and arranged by the Ontario
Financing Authority, unless the Minister of Finance, in writing, approves
otherwise.
By-laws
re borrowing, contents
(3) A
by-law with respect to borrowing by the Corporation shall not be approved
unless the by-law includes the following information:
1. The
maximum principal amount of borrowing that may be outstanding at any time under
the authority of the by-law.
2. The
period, not to exceed five years, during which the Corporation may borrow under
the authority of the by-law.
3. The
date after which no debts are permitted to remain unpaid under the authority of
the by-law.
4. Such
Section 3 of the Act is repealed and the following substituted:
Objects
The
Corporation’s objects are,
(
a) to
provide advice to the Minister on research and innovation with respect to agriculture
and food, including on matters such as equipment and technology, veterinary
medicine and the needs of rural communities as those matters relate to
agriculture and food;
(
b) to
establish programs for research and innovation with respect to agriculture and
food, including with respect to matters such as equipment and technology, veterinary
medicine and the needs of rural communities as those matters relate to
agriculture and food, and to encourage and facilitate such programs;
(
c) to
consult with academic and research experts, producers, processors, industry and
other organizations in the agricultural and food sectors to determine emerging
research needs and to promote and co-ordinate research;
(
d) to
establish and strengthen relationships that enhance research and innovation with
respect to agriculture and food, including with respect to enhancing research
and innovation with respect to matters such as equipment and technology, veterinary
medicine and the needs of rural communities as those matters relate to
agriculture and food;
(
e) to
stimulate interest in research as a means of increasing innovation and commercialization
with respect to agriculture and food, including with respect to matters such as
equipment and technology, veterinary medicine and the needs of rural
communities as those matters relate to agriculture and food; and
(
f) to
encourage and facilitate knowledge translation and transfer with respect to agriculture
and food, including with respect to matters such as equipment and technology, veterinary
medicine and the needs of rural communities as those matters relate to
agriculture and food.
The Act is amended by adding the following sections:
Powers
Powers
3.1
(1) The
Corporation has the capacity, rights, powers and privileges of a natural person
for carrying out its objects, except as limited by this Act and the regulations.
Same,
property
(2) Without
limiting the generality of subsection (1), and despite
section 11 of the Ministry of Infrastructure Act, 2011 , the Corporation has
the power to acquire, own, control, maintain, dispose of or otherwise deal with
property in accordance with this Act.
Limits
Subsidiaries
3.2
(1) The
Corporation shall not create or acquire a subsidiary.
Approval
of Managing Director
(2) The
Corporation shall not borrow, lend or invest money without the approval of the Managing
Director.
Powers
re borrowing
(3) The
Corporation shall not borrow or manage financial risks unless a by-law
described in
section 2.2 authorizes the activity.
Temporary
investments
(4) The
Corporation may temporarily invest money not immediately required to carry out
its objects, but only if a by-law described in
section 2.2 authorizes the
investments, which shall be selected from,
(
a) securities
issued or guaranteed as to principal and interest by Ontario, Canada or another
province or territory of Canada;
(
b) guaranteed
investment certificates of a trust corporation that is registered under the Loan and Trust Corporations Act ;
(
c) deposit
receipts, term deposits, deposit notes, certificates of deposit or investment,
banker’s acceptances or other similar instruments issued, guaranteed or
endorsed by a bank listed in
Schedule I or II to the Bank
Act (Canada); or
(
d) guaranteed
investment certificates, deposit receipts, term deposits, deposit notes,
certificates of deposit or investment or other similar instruments that are
issued, guaranteed or endorsed by a credit union within the meaning of the Credit Unions and Caisses Populaires Act, 2020 .
Financial
Matters
Fiscal
year
3.3 The Corporation’s
fiscal year begins on April 1 in each year and ends on March 31 in the following
year.
Authority
re income
3.4 Despite
Part I of the Financial Administration Act , the revenues and assets of
the Corporation do not form part of the Consolidated Revenue Fund and shall be
applied to carrying out the Corporation’s objects.
Expenditures,
liabilities
3.5 Except with the
approval of the Managing Director, the Corporation shall not incur any
liability or make any expenditure that is not provided for in the Corporation’s
budget.
Comptroller
3.6
(1) The Public
Service Commission shall appoint a public servant employed under
Part III of
the Public Service of Ontario Act, 2006 as
Comptroller who shall be responsible to the Corporation through the Managing
Director.
Duties
of Comptroller
(2) The
Comptroller shall,
(
a) supervise
the Corporation’s business affairs;
(
b) prepare
the Corporation’s budget for the Managing Director’s approval;
(
c) prepare
such financial reports and statistical surveys as may be required by the Managing
Director; and
(
d) perform
such other duties and functions as may be assigned from time to time by the Managing
Director.
Budget
3.7 The Managing Director
shall submit the Corporation’s budget for the next fiscal year to the Minister.
(1) Subsection 4 (1) of the Act is amended by striking out “the Research
Institute, subject to any trust affecting the same” at the end and substituting
“the Corporation and under its control”.
(2) Subsection
4 (2) of the Act is amended by striking out “The Research Institute” at the
beginning and substituting “The Corporation”.
(3) Subsection
4 (3) of the Act is amended by striking out the portion before clause (
a) and
substituting the following:
Powers
with respect to property
(3) With
the Managing Director’s approval, the Corporation may,
. . . .
(4) Subsection
4 (3) of the Act is amended by adding the following clause:
(a.1) enter
into agreements, covenants and easements with owners of real property or owners
of interests in real property, or assign such agreements, covenants and
easements, for the conservation, protection or preservation of agricultural
lands; and
(5) The
“may”.
(6) Subsection
4 (4) of the Act is repealed and the following substituted:
Direction
(4) If
the Managing Director directs it to do so, the Corporation shall take one or
more actions mentioned in subsection (3).
(7) Subsection
4 (5) of the Act is repealed and the following substituted:
Approvals,
directions
(5) An
approval under subsection (3) and a direction under subsection (4) must be
given in writing.
(8) Subsection
4 (6) of the Act is repealed.
(1) Subsection 4.1 (1) of the Act is amended by striking out “by the
Research Institute under subclause 3 (f) (i)” and substituting “by the
Corporation under clause 4 (3) (a.1)”.
(2) Subsection
4.1 (2) of the Act is amended by striking out “the Research Institute” and
substituting “the Corporation”.
(3) Subsection
4.1 (3) of the Act is amended by striking out “the Research Institute” and
substituting “the Corporation” and by striking out “the Director of Research”
and substituting “the Managing Director”.
(4) Subsection
4.1 (4) of the Act is amended by striking out “the Research Institute” and
substituting “the Corporation”.
(5) Subsection
4.1 (5) of the Act is amended by striking out “the Research Institute” and
substituting “the Corporation” and by striking out “the Director of Research or
the Research Institute’s assignee” and substituting “the Managing Director’s or
the Corporation’s assignee”.
Section 5 of the Act is repealed.
Section 6 of the Act is repealed and the following substituted:
Administrative
Matters
Audits
(1) The
Managing Director shall appoint one or more licensed public accountants to
audit the Corporation’s accounts and financial transactions annually.
Auditor
General
(2) The
Auditor General may also audit the Corporation’s accounts and financial
transactions for any fiscal year.
Minister-appointed
auditor
(3) The
Minister may at any time appoint a licensed public accountant, other than the
person appointed under subsection (1), to audit the Corporation’s accounts and
financial transactions for any period of time specified by the Minister.
Section 7 of the Act is amended by striking out “The Research Institute”
wherever it appears and substituting in each case “The Corporation”.
Section 7.1 of the Act is amended by striking out “the Research Institute’s”
and substituting “the Corporation’s”.
Section 8 of the Act is repealed and the following substituted:
Information
to Minister
(1) The
Corporation shall provide the Minister with such information as the Minister
may require from time to time, in the time and manner the Minister specifies,
respecting the Corporation’s financial affairs and on matters such as
agriculture, food, research, innovation, knowledge translation and transfer and
the commercialization of research.
Same
(2) The
Managing Director shall provide the Minister with such information as the
Minister may require from time to time, in the time and manner the Minister
specifies, on matters such as agriculture, food, research, innovation,
knowledge translation and transfer and the commercialization of research.
(1) Subsection 9 (1) of the Act is repealed and the following
substituted:
Managing
Director
(1) The
Public Service Commission shall appoint a public servant employed under
Part
III of the Public Service of Ontario Act, 2006 as Managing
Director to be the administrator of the Corporation’s business and affairs.
(2) Subsection
9 (2) of the Act is amended by striking out “Director of Research” in the
portion before clause (
a) and substituting “Managing Director”.
(3) Clauses
9 (2) (
a) and (
b) of the Act are repealed and the following substituted:
(
a) to
co-ordinate the Corporation’s research programs with programs in comparable
areas of research by other institutions and organizations;
(
b) to
select, develop and maintain research programs with respect to agriculture and
food, including on matters such as equipment and technology, veterinary
medicine and the needs of rural communities as those matters relate to
agriculture and food;
(4) Clauses
9 (2) (
e) and (
f) of the Act are repealed and the following substituted:
(
e) to
establish the Corporation’s operating budget for research programs;
(
f) to
encourage, enable and facilitate knowledge translation and transfer of research
and innovation in connection with the duties described in clauses (
a) to (e);
(f.1) to
inform the Minister about the impact of the research programs the Corporation
funds, including on the impact of knowledge translation and transfer in respect
of those research programs; and
(5) Subsection
9 (3) of the Act is amended by striking out “the Director of Research may
require the Research Institute” in the portion before clause (
a) and
substituting “the Managing Director may require the Corporation”.
(6) Subsection
9 (4) of the Act is amended by striking out “The Director of Research” at the
beginning and substituting “The Managing Director”.
(7) Subsections
9 (6) and (7) of the Act are repealed.
The Act is amended by adding the following section:
Annual
business plan
9.1
(1) The Managing
Director shall prepare an annual business plan for the Corporation, provide it
to the Minister and make it available to the public.
Same
(2) The
Corporation shall include key performance measures in the business plan as well
as such additional content as the Minister may require.
Section 10 of the Act is repealed and the following substituted:
Supervision
over programs
The Managing
Director shall supervise every program funded by the Corporation.
Sections 11 and 12 of the Act are repealed.
Section 13 of the Act is repealed and the following substituted:
Intellectual
property
Subject
to the approval of the Managing Director and subject to any applicable laws or
government directives, the Corporation may enter into agreements respecting,
and may use, arrange for the use of, apply for, purchase or otherwise acquire,
dispose of, assign, grant or possess, intellectual property.
The Act is amended by adding the following sections:
Crown
liability
13.1
(1) No cause
of action arises against any current or former member of the Executive Council or
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 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) of this
section 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 Corporation
(4) If
a person who is an employee of the Crown is appointed as Comptroller or
Managing Director or is employed in or assigned to or otherwise performs duties
directly for the Corporation, the person is deemed to be an employee of the
Corporation and not an employee 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 13.2
and 13.3 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.
Liability
of Corporation
personal liability
13.2
(1) No cause
of action arises against any current or former Comptroller, Managing Director,
member of the board of directors of the Corporation, member of a committee of
the board or officer or employee of the Corporation 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.
Corporation
vicariously liable
(2) Subsection
(1) does not relieve the Corporation 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
13.3
(1) No
proceeding shall be commenced,
(
a) against
any person specified in subsection 13.1 (1) in respect of a matter referred to
in that subsection;
(
b) against
the Crown or any person specified in subsection 13.1 (1) in respect of a matter
referred to in subsection 13.1 (3); or
(
c) against
any person specified in subsection 13.2 (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 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.
The Act is amended by adding the following section:
Regulations
The
Minister may make regulations,
(
a) making
any provision of the Not-for-Profit Corporations Act, 2010
or the Corporations Information Act applicable to
the Corporation, with such modifications as the Minister considers necessary or
advisable;
(
b) prescribing
limitations on the Corporation’s powers;
(
c) authorizing
the Corporation to establish and impose fees and to implement other mechanisms to
generate revenue for the purposes of the Corporations objects,
(
i) for
doing anything the Corporation is required or permitted to do under this Act,
subject to any limitations and restrictions set out in the regulation, or
(ii) for
any purpose that is consistent with the Corporation’s objects.
Consequential
Amendments
Conveyancing
and Law of Property Act
Clause 61 (4) (
a) of the Conveyancing and Law of Property
Act is amended by striking out “ Agricultural
Research Institute of Ontario Act ” at the end and substituting “ Agricultural Research and Innovation Ontario Act ”.
Land
Titles Act
Subsection 119 (11) of the Land Titles Act is
amended by striking out “ Agricultural Research Institute
of Ontario Act ” in the portion before paragraph 1 and substituting “ Agricultural Research and Innovation Ontario Act ”.
Commencement
This Act comes into force on a day to be named by proclamation of the
Lieutenant Governor.
Short
title
The
short title of this Act is the Agricultural Research
Institute of Ontario Amendment Act, 2024 .
Bill 155 Original (PDF)
EXPLANATORY
NOTE
The Bill amends the Agricultural
Research Institute of Ontario Act with respect to various matters
including the following:
1. The
title of the Act is changed to the Agricultural Research
and Innovation Ontario Act and the Corporation is renamed as Agricultural
Research and Innovation Ontario.
2. New
subsection 2 (1.2) provides that the Corporation is an agent of the Crown.
Other corporate matters, including the objects of the Corporation, are provided
for in sections 2 to 3.
3. The
powers of the Corporation are set out in new sections 3.1 and 3.2 and new
sections 3.3 to 3.7 set out financial matters with respect to the Corporation.
Section
9 is amended to provide for the appointment of a Managing Director and the
duties of the Managing Director.
5. New
sections 13.1 to 13.3 provide for various matters respecting Crown liability
and liability of the Corporation.
6. Authority
for the Minister to make regulations is provided for in new
section 15.
Bill 155 2023
Act to amend the Agricultural Research Institute of Ontario Act
Preamble
The
Agricultural Research Institute of Ontario has played a valuable role in
furthering the agricultural industry in Ontario. The Government of Ontario
believes that the amendments in this Act, including the renaming of the
Agricultural Research Institute of Ontario as Agricultural Research and
Innovation Ontario, will further Ontario’s commitment to excellence in
agriculture, food processing and the development of agricultural and food
technology.
particular, the amendments will facilitate the pursuit and commercialization of
high-impact research and innovation, the management of properties for
agriculture and food research, the cultivation of strategic relationships and
the support of the growth of the agriculture and food sectors. Emerging crop and
livestock sectors and new technologies stand to benefit from such areas of
research.
Therefore,
His Majesty, by and with the advice and consent of the Legislative Assembly of
the Province of Ontario, enacts as follows:
The title of the Agricultural Research Institute of
Ontario Act is repealed and the following substituted:
Agricultural
Research And Innovation Ontario Act
(1) The Act is amended by adding the following heading immediately
before
section 1:
Interpretation
(2) The
definition of “Director of Research” in
section 1 of the Act is repealed.
(3) Section
1 of the Act is amended by adding the following
definitions:
“board
of directors” means the board of directors of the Corporation; (“conseil
d’administration”)
“Corporation”
means Agricultural Research and Innovation Ontario continued under
section 2;
(“société”)
“innovation”
means new and emerging research, technology and processes or other products or
services; (“innovation”)
“knowledge
translation and transfer” means transformation of knowledge into use through
synthesis, exchange, dissemination, dialogue, collaboration and brokering among
researchers and research users; (“application et transfert des connaissances”)
“Managing
Director” means the administrator of the Corporation appointed under
section 9;
(“directeur général”)
(4) The
definition of “research” in
section 1 of the Act is repealed and the following
substituted:
“research”
means a systematic investigation designed to develop or establish principles,
facts or generalizable knowledge, or any combination of them, and includes the
development, testing and evaluation of research; (“recherche”)
(5) The
definition of “Research Institute” in
section 1 of the Act is repealed.
(1) The Act is amended by adding the following heading immediately
before
section 2:
Corporate
Matters
(2) Subsections
2 (1) and (1.1) of the Act are repealed and the following substituted:
Corporation
continued
(1) The
Agricultural Research Institute of Ontario, a body corporate without share
capital responsible to the Minister, is continued under the name Agricultural
agricoles Ontario in French.
Members
(1.1) The
Corporation is composed of the members of its board of directors.
Crown
agent
(1.2) The
Corporation is an agent of the Crown.
Application
of certain Acts
(1.3) The
Not-for-Profit Corporations Act, 2010 and the Corporations Information Act do not apply to the Corporation,
except as specifically made applicable by this Act or the regulations.
Standard
of care, indemnification
(1.4) Subsection
43 (1) and
section 46 of the Not-for-Profit Corporations
Act, 2010 apply to the Corporation and its directors and officers.
(3) Subsection
2 (2) of the Act is repealed and the following substituted:
Composition
(2) The
board of directors shall be composed of at least seven and no more than 15
members appointed by the Minister.
(4) Subsections
2 (3) to (6) of the Act are amended by striking out “Research Institute” wherever
it appears and substituting in each case “Corporation”.
(5) Subsection
2 (7) of the Act is repealed and the following substituted:
Acting
chair
(7) If
the chair is absent or unable to act or if the office of chair is vacant, the
vice chair shall act as chair.
(6) Subsection
2 (8) of the Act is amended by striking out “Research Institute” and
substituting “Corporation”.
The Act is amended by adding the following sections:
By-laws
2.1
(1) Subject
to the approval of the Minister, the board of directors may make by-laws
governing the management of the Corporation’s affairs.
Committees
(2) The
board of directors may, by by-law, establish committees of the board.
Same
(3) A
by-law establishing a committee shall provide for the committee’s composition,
functions and operation, and may provide that persons who are not members of
the board of directors may serve on the committee.
Delegation
(4) The
Corporation may delegate duties to a committee that is composed entirely of
members of the board of directors.
Financial
by-laws
2.2
(1) A by-law
of the Corporation with respect to borrowing, temporary investing or managing
financial risks does not take effect until it is approved in writing by the
Minister and the Minister of Finance.
Co-ordination
of financing activities
(2) All
borrowing, temporary investment of funds and financial risk management
activities of the Corporation shall be co-ordinated and arranged by the Ontario
Financing Authority, unless the Minister of Finance, in writing, approves
otherwise.
By-laws
re borrowing, contents
(3) A
by-law with respect to borrowing by the Corporation shall not be approved
unless the by-law includes the following information:
1. The
maximum principal amount of borrowing that may be outstanding at any time under
the authority of the by-law.
2. The
period, not to exceed five years, during which the Corporation may borrow under
the authority of the by-law.
3. The
date after which no debts are permitted to remain unpaid under the authority of
the by-law.
4. Such
Section 3 of the Act is repealed and the following substituted:
Objects
The
Corporation’s objects are,
(
a) to
provide advice to the Minister on research and innovation with respect to agriculture
and food, including on matters such as equipment and technology, veterinary
medicine and the needs of rural communities as those matters relate to
agriculture and food;
(
b) to
establish programs for research and innovation with respect to agriculture and
food, including with respect to matters such as equipment and technology, veterinary
medicine and the needs of rural communities as those matters relate to
agriculture and food, and to encourage and facilitate such programs;
(
c) to
consult with academic and research experts, producers, processors, industry and
other organizations in the agricultural and food sectors to determine emerging
research needs and to promote and co-ordinate research;
(
d) to
establish and strengthen relationships that enhance research and innovation with
respect to agriculture and food, including with respect to enhancing research
and innovation with respect to matters such as equipment and technology, veterinary
medicine and the needs of rural communities as those matters relate to
agriculture and food;
(
e) to
stimulate interest in research as a means of increasing innovation and
commercialization with respect to agriculture and food, including with respect
to matters such as equipment and technology, veterinary medicine and the needs
of rural communities as those matters relate to agriculture and food; and
(
f) to
encourage and facilitate knowledge translation and transfer with respect to agriculture
and food, including with respect to matters such as equipment and technology, veterinary
medicine and the needs of rural communities as those matters relate to
agriculture and food.
The Act is amended by adding the following sections:
Powers
Powers
3.1
(1) The
Corporation has the capacity, rights, powers and privileges of a natural person
for carrying out its objects, except as limited by this Act and the regulations.
Same,
property
(2) Without
limiting the generality of subsection (1), and despite
section 11 of the Ministry of Infrastructure Act, 2011 , the Corporation has
the power to acquire, own, control, maintain, dispose of or otherwise deal with
property in accordance with this Act.
Limits
Subsidiaries
3.2
(1) The
Corporation shall not create or acquire a subsidiary.
Approval
of Managing Director
(2) The
Corporation shall not borrow, lend or invest money without the approval of the Managing
Director.
Powers
re borrowing
(3) The
Corporation shall not borrow or manage financial risks unless a by-law
described in
section 2.2 authorizes the activity.
Temporary
investments
(4) The
Corporation may temporarily invest money not immediately required to carry out
its objects, but only if a by-law described in
section 2.2 authorizes the
investments, which shall be selected from,
(
a) securities
issued or guaranteed as to principal and interest by Ontario, Canada or another
province or territory of Canada;
(
b) guaranteed
investment certificates of a trust corporation that is registered under the Loan and Trust Corporations Act ;
(
c) deposit
receipts, term deposits, deposit notes, certificates of deposit or investment,
banker’s acceptances or other similar instruments issued, guaranteed or
endorsed by a bank listed in
Schedule I or II to the Bank
Act (Canada); or
(
d) guaranteed
investment certificates, deposit receipts, term deposits, deposit notes,
certificates of deposit or investment or other similar instruments that are
issued, guaranteed or endorsed by a credit union within the meaning of the Credit Unions and Caisses Populaires Act, 2020 .
Financial
Matters
Fiscal
year
3.3 The Corporation’s
fiscal year begins on April 1 in each year and ends on March 31 in the
following year.
Authority
re income
3.4 Despite
Part I of the Financial Administration Act , the revenues and assets of
the Corporation do not form part of the Consolidated Revenue Fund and shall be
applied to carrying out the Corporation’s objects.
Expenditures,
liabilities
3.5 Except with the
approval of the Managing Director, the Corporation shall not incur any
liability or make any expenditure that is not provided for in the Corporation’s
budget.
Comptroller
3.6
(1) The Public
Service Commission shall appoint a public servant employed under
Part III of
the Public Service of Ontario Act, 2006 as
Comptroller who shall be responsible to the Corporation through the Managing
Director.
Duties
of Comptroller
(2) The
Comptroller shall,
(
a) supervise
the Corporation’s business affairs;
(
b) prepare
the Corporation’s budget for the Managing Director’s approval;
(
c) prepare
such financial reports and statistical surveys as may be required by the Managing
Director; and
(
d) perform
such other duties and functions as may be assigned from time to time by the Managing
Director.
Budget
3.7 The Managing Director
shall submit the Corporation’s budget for the next fiscal year to the Minister.
(1) Subsection 4 (1) of the Act is amended by striking out “the Research
Institute, subject to any trust affecting the same” at the end and substituting
“the Corporation and under its control”.
(2) Subsection
4 (2) of the Act is amended by striking out “The Research Institute” at the
beginning and substituting “The Corporation”.
(3) Subsection
4 (3) of the Act is amended by striking out the portion before clause (
a) and
substituting the following:
Powers
with respect to property
(3) With
the Managing Director’s approval, the Corporation may,
. . . .
(4) Subsection
4 (3) of the Act is amended by adding the following clause:
(a.1) enter
into agreements, covenants and easements with owners of real property or owners
of interests in real property, or assign such agreements, covenants and
easements, for the conservation, protection or preservation of agricultural
lands; and
(5) The
“may”.
(6) Subsection
4 (4) of the Act is repealed and the following substituted:
Direction
(4) If
the Managing Director directs it to do so, the Corporation shall take one or
more actions mentioned in subsection (3).
(7) Subsection
4 (5) of the Act is repealed and the following substituted:
Approvals,
directions
(5) An
approval under subsection (3) and a direction under subsection (4) must be
given in writing.
(8) Subsection
4 (6) of the Act is repealed.
(1) Subsection 4.1 (1) of the Act is amended by striking out “by the
Research Institute under subclause 3 (f) (i)” and substituting “by the
Corporation under clause 4 (3) (a.1)”.
(2) Subsection
4.1 (2) of the Act is amended by striking out “the Research Institute” and
substituting “the Corporation”.
(3) Subsection
4.1 (3) of the Act is amended by striking out “the Research Institute” and
substituting “the Corporation” and by striking out “the Director of Research”
and substituting “the Managing Director”.
(4) Subsection
4.1 (4) of the Act is amended by striking out “the Research Institute” and
substituting “the Corporation”.
(5) Subsection
4.1 (5) of the Act is amended by striking out “the Research Institute” and
substituting “the Corporation” and by striking out “the Director of Research or
the Research Institute’s assignee” and substituting “the Managing Director’s or
the Corporation’s assignee”.
Section 5 of the Act is repealed.
Section 6 of the Act is repealed and the following substituted:
Administrative
Matters
Audits
(1) The
Managing Director shall appoint one or more licensed public accountants to
audit the Corporation’s accounts and financial transactions annually.
Auditor
General
(2) The
Auditor General may also audit the Corporation’s accounts and financial
transactions for any fiscal year.
Minister-appointed
auditor
(3) The
Minister may at any time appoint a licensed public accountant, other than the
person appointed under subsection (1), to audit the Corporation’s accounts and
financial transactions for any period of time specified by the Minister.
Section 7 of the Act is amended by striking out “The Research Institute”
wherever it appears and substituting in each case “The Corporation”.
Section 7.1 of the Act is amended by striking out “the Research Institute’s”
and substituting “the Corporation’s”.
Section 8 of the Act is repealed and the following substituted:
Information
to Minister
(1) The
Corporation shall provide the Minister with such information as the Minister
may require from time to time, in the time and manner the Minister specifies,
respecting the Corporation’s financial affairs and on matters such as
agriculture, food, research, innovation, knowledge translation and transfer and
the commercialization of research.
Same
(2) The
Managing Director shall provide the Minister with such information as the
Minister may require from time to time, in the time and manner the Minister
specifies, on matters such as agriculture, food, research, innovation,
knowledge translation and transfer and the commercialization of research.
(1) Subsection 9 (1) of the Act is repealed and the following
substituted:
Managing
Director
(1) The
Public Service Commission shall appoint a public servant employed under
Part
III of the Public Service of Ontario Act, 2006 as Managing
Director to be the administrator of the Corporation’s business and affairs.
(2) Subsection
9 (2) of the Act is amended by striking out “Director of Research” in the
portion before clause (
a) and substituting “Managing Director”.
(3) Clauses
9 (2) (
a) and (
b) of the Act are repealed and the following substituted:
(
a) to
co-ordinate the Corporation’s research programs with programs in comparable
areas of research by other institutions and organizations;
(
b) to
select, develop and maintain research programs with respect to agriculture and
food, including on matters such as equipment and technology, veterinary
medicine and the needs of rural communities as those matters relate to
agriculture and food;
(4) Clauses
9 (2) (
e) and (
f) of the Act are repealed and the following substituted:
(
e) to
establish the Corporation’s operating budget for research programs;
(
f) to
encourage, enable and facilitate knowledge translation and transfer of research
and innovation in connection with the duties described in clauses (
a) to (e);
(f.1) to
inform the Minister about the impact of the research programs the Corporation
funds, including on the impact of knowledge translation and transfer in respect
of those research programs; and
(5) Subsection
9 (3) of the Act is amended by striking out “the Director of Research may
require the Research Institute” in the portion before clause (
a) and
substituting “the Managing Director may require the Corporation”.
(6) Subsection
9 (4) of the Act is amended by striking out “The Director of Research” at the
beginning and substituting “The Managing Director”.
(7) Subsections
9 (6) and (7) of the Act are repealed.
The Act is amended by adding the following section:
Annual
business plan
9.1
(1) The Managing
Director shall prepare an annual business plan for the Corporation, provide it
to the Minister and make it available to the public.
Same
(2) The
Corporation shall include key performance measures in the business plan as well
as such additional content as the Minister may require.
Section 10 of the Act is repealed and the following substituted:
Supervision
over programs
The Managing
Director shall supervise every program funded by the Corporation.
Sections 11 and 12 of the Act are repealed.
Section 13 of the Act is repealed and the following substituted:
Intellectual
property
Subject
to the approval of the Managing Director and subject to any applicable laws or
government directives, the Corporation may enter into agreements respecting,
and may use, arrange for the use of, apply for, purchase or otherwise acquire,
dispose of, assign, grant or possess, intellectual property.
The Act is amended by adding the following sections:
Crown
liability
13.1
(1) No cause
of action arises against any current or former member of the Executive Council or
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 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) of this
section 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 Corporation
(4) If
a person who is an employee of the Crown is appointed as Comptroller or
Managing Director or is employed in or assigned to or otherwise performs duties
directly for the Corporation, the person is deemed to be an employee of the
Corporation and not an employee 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 13.2
and 13.3 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.
Liability
of Corporation
personal liability
13.2
(1) No cause
of action arises against any current or former Comptroller, Managing Director,
member of the board of directors of the Corporation, member of a committee of
the board or officer or employee of the Corporation 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.
Corporation
vicariously liable
(2) Subsection
(1) does not relieve the Corporation 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
13.3
(1) No
proceeding shall be commenced,
(
a) against
any person specified in subsection 13.1 (1) in respect of a matter referred to
in that subsection;
(
b) against
the Crown or any person specified in subsection 13.1 (1) in respect of a matter
referred to in subsection 13.1 (3); or
(
c) against
any person specified in subsection 13.2 (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 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.
The Act is amended by adding the following section:
Regulations
The
Minister may make regulations,
(
a) making
any provision of the Not-for-Profit Corporations Act, 2010
or the Corporations Information Act applicable to
the Corporation, with such modifications as the Minister considers necessary or
advisable;
(
b) prescribing
limitations on the Corporation’s powers;
(
c) authorizing
the Corporation to establish and impose fees and to implement other mechanisms to
generate revenue for the purposes of the Corporations objects,
(
i) for
doing anything the Corporation is required or permitted to do under this Act,
subject to any limitations and restrictions set out in the regulation, or
(ii) for
any purpose that is consistent with the Corporation’s objects.
Consequential
Amendments
Conveyancing
and Law of Property Act
Clause 61 (4) (
a) of the Conveyancing and Law of Property
Act is amended by striking out “ Agricultural
Research Institute of Ontario Act ” at the end and substituting “ Agricultural Research and Innovation Ontario Act ”.
Land
Titles Act
Subsection 119 (11) of the Land Titles Act is
amended by striking out “ Agricultural Research Institute
of Ontario Act ” in the portion before paragraph 1 and substituting “ Agricultural Research and Innovation Ontario Act ”.
Commencement
This Act comes into force on a day to be named by proclamation of the
Lieutenant Governor.
Short
title
The
short title of this Act is the Agricultural Research Institute of Ontario Amendment Act, 2023 .
Date Bill stage Event Outcome Committee
April 25, 2024
Royal Assent
Royal Assent received
April 11, 2024
Third Reading
Vote
Carried on division
April 10, 2024
Third Reading
Question put
Vote deferred
April 10, 2024
Third Reading
Debated
March 26, 2024
Second Reading
Ordered for Third Reading
March 26, 2024
Second Reading
Report adopted
March 26, 2024
Second Reading
Reported without amendment
Standing Committee on the Interior
March 25, 2024
Second Reading
Consideration of a Bill
Standing Committee on the Interior
March 18, 2024
Second Reading
Consideration of a Bill
Standing Committee on the Interior
February 20, 2024
Second Reading
Ordered referred to Standing Committee
Standing Committee on the Interior
February 20, 2024
Second Reading
Vote
Carried
February 20, 2024
Second Reading
Question put
February 20, 2024
Second Reading
Debated
November 28, 2023
Second Reading
Debated
Debate adjourned
November 27, 2023
First Reading
Ordered for Second Reading
November 27, 2023
First Reading
Vote
Carried
First Reading
November 27, 2023
Carried
Second Reading
November 28, 2023
Principal Debaters
Jones, Trevor
Chatham-Kent—Leamington
Thompson, Hon. Lisa
Huron—Bruce
February 20, 2024
Question put
Carried
Ordered referred to Standing Committee
Standing Committee on the Interior
March 18, 2024
Consideration of a Bill
Standing Committee on the Interior
March 25, 2024
Consideration of a Bill
Standing Committee on the Interior
March 26, 2024
Reported without amendment
Standing Committee on the Interior
Report adopted
Ordered for Third Reading
Third Reading
April 10, 2024
Principal Debaters
French, Jennifer
Oshawa
Gélinas, France
Nickel Belt
Harden, Joel
Ottawa Centre
Jones, Trevor
Chatham-Kent—Leamington
Jordan, John
Lanark—Frontenac—Kingston
Leardi, Anthony
Essex
Mulroney, Hon. Caroline
York—Simcoe
Schreiner, Mike
Guelph
Smith, Dave
Peterborough—Kawartha
Thompson, Hon. Lisa
Huron—Bruce
Vanthof, John
Timiskaming—Cochrane
Vaugeois, Lise
Thunder Bay—Superior North
Questions and Responses
Anand, Deepak
Mississauga—Malton
Brady, Bobbi Ann
Haldimand—Norfolk
Fife, Catherine
Waterloo
Gallagher Murphy, Dawn
Newmarket—Aurora
Glover, Chris
Spadina—Fort York
Harris, Mike
Kitchener—Conestoga
Kanapathi, Logan
Markham—Thornhill
Karpoche, Bhutila
Parkdale—High Park
Martin, Robin
Eglinton—Lawrence
Quinn, Nolan
Stormont—Dundas—South Glengarry
Rickford, Hon. Greg
Kenora—Rainy River
Shaw, Sandy
Hamilton West—Ancaster—Dundas
Yakabuski, John
Renfrew—Nipissing—Pembroke
April 10, 2024
Question put
April 11, 2024
Carried on division
Royal Assent
April 25, 2024
Royal Assent received