jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 In this Act, “Minister” means the Minister of Agriculture, Food and Rural Affairs; (“ministre”) “Ministry” means the Ministry of Agriculture, Food and Rural Affairs; (“ministère”) “person” includes an unincorporated association; (“personne”) “Tribunal” means the Agriculture, Food and Rural Affairs Appeal Tribunal continued under subsection 14 (1). (“Tribunal”)  R.S.O. 1990, c. M.16, s. 1; 1999, c. 12, Sched. A, s. 20 (2); 2006, c. 19, Sched. A, s. 16 (1). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. A, s. 20 (2) - 22/12/1999 2006, c. 19, Sched. A, s. 16 (1) - 22/06/2006
2 (1) The ministry of the public service formerly known as the Ministry of Agriculture and Food is continued under the name of the Ministry of Agriculture, Food and Rural Affairs in English and ministère de l’Agriculture, de l’Alimentation et des Affaires rurales in French.  1999, c. 12, Sched. A, s. 20 (3). Minister to have charge (2) The Minister shall preside over and have charge of the Ministry.  R.S.O. 1990, c. M.16, s. 2 (2). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. A, s. 20 (3) - 22/12/1999
3 The Lieutenant Governor in Council may appoint a Deputy Minister of Agriculture, Food and Rural Affairs who shall be the deputy head of the Ministry.  2006, c. 35, Sched. C, s. 68 (1). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 68 (1) - 20/08/2007
3.1 Such employees as are considered necessary for the proper conduct of the business of the Ministry may be appointed under Part III of the Public Service of Ontario Act, 2006.  2006, c. 35, Sched. C, s. 68 (1). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 68 (1) - 20/08/2007
4 (1) Subject to the Executive Council Act, the Minister has the direction and control of, (a) the administration of the law relating to agriculture, food and rural affairs in all their branches; and (b) the administration of appropriations under the Ministry, and has such other powers and shall perform such other functions and duties as are assigned to him or her by the Lieutenant Governor in Council.  R.S.O. 1990, c. M.16, s. 4; 2017, c. 2, Sched. 1, s. 1. Functions of Minister (2) The Minister may, (a) review matters related to agriculture, food and rural affairs; and (b) establish policies and provide recommendations, advice, coordination and assistance to the Government in matters related to agriculture, food and rural affairs, including but not limited to policies, recommendations, advice, coordination and assistance respecting a safe and stable food supply. 2021, c. 35, Sched. 4, s. 1; 2022, c. 11, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 1, s. 1 - 22/03/2017 2021, c. 35, Sched. 4, s. 1 - 02/12/2021 2022, c. 11, Sched. 2, s. 1 - 14/04/2022
4.1 (1) In this section, “personal information” means personal information within the meaning of section 38 of the Freedom of Information and Protection of Privacy Act. 2021, c. 35, Sched. 4, s. 2. Collection, use (2) Subject to the regulations, the Minister may collect information, including personal information, directly or indirectly, for the following purposes and may use it for those purposes: 1. To exercise the powers and carry out the functions set out in section 4. 2. To support Canadian, provincial or municipal responses to urgent public health or public safety concerns related to agriculture, food or rural affairs. 3. To plan for or respond to emergencies related to agriculture, food or rural affairs. 4. To further such purposes as may be prescribed for the purposes of this section relating to the following aspects of agriculture, food or rural affairs: i. Food safety. ii. Animal health or human health. iii. Economic, environmental or social interests. 2021, c. 35, Sched. 4, s. 2. Limits, personal information (3) The Minister shall not collect, use or disclose personal information if other information will serve the purpose of the collection, use or disclosure. 2021, c. 35, Sched. 4, s. 2. Same (4) The Minister shall not collect, use or disclose more personal information than is reasonably necessary to serve the purpose of the collection, use or disclosure. 2021, c. 35, Sched. 4, s. 2. Notice required by s. 39 (2) of FIPPA (5) If the Minister collects personal information indirectly under subsection (2), the notice required by subsection 39 (2) of the Freedom of Information and Protection of Privacy Act is given by, (a) a public notice posted on the Government of Ontario’s website; or (b) any other method that may be prescribed by regulation. 2021, c. 35, Sched. 4, s. 2. Regulations (6) The Lieutenant Governor in Council may make regulations, (a) prescribing purposes for the purposes of subsection (2); (b) prescribing methods of giving the notice required by subsection 39 (2) of the Freedom of Information and Protection of Privacy Act; (c) prescribing limitations or restrictions on the collection or use of information. 2021, c. 35, Sched. 4, s. 2. Restriction, prescribing purposes (7) The Lieutenant Governor in Council shall not make a regulation under clause (6) (a) unless the Minister has conducted public consultation respecting the contents of the proposed regulation. 2021, c. 35, Sched. 4, s. 2. Section Amendments with date in force (d/m/y) 2021, c. 35, Sched. 4, s. 2 - 02/12/2021
4.2 The Minister shall report on the safety and stability of Ontario’s food supply. 2022, c. 11, Sched. 2, s. 2. Section Amendments with date in force (d/m/y) 2022, c. 11, Sched. 2, s. 2 - 14/04/2022
5 (1) Where, under this or any other Act or otherwise at law, a power or duty is granted to or vested in the Minister, the Minister may in writing delegate that power or duty to the Deputy Minister or to any other employee of the Ministry, subject to such limitations, restrictions, conditions and requirements as may be set out in the delegation.  R.S.O. 1990, c. M.16, s. 5 (1). Contracts and agreements (2) Despite the Executive Council Act, a contract or an agreement made by a person empowered to do so under a delegation made under subsection (1) has the same effect as if made and signed by the Minister.  R.S.O. 1990, c. M.16, s. 5 (2).
6 (1) No action or other proceeding for damages shall be instituted against, (a) the Deputy Minister or any other employee of the Ministry or anyone acting under the Deputy Minister’s authority; or (b) a field-person appointed under the Milk Act or a member or an employee of the Agriculture, Food and Rural Affairs Appeal Tribunal or the Ontario Farm Products Marketing Commission, for any act done in good faith in the execution or intended execution of the person’s duty or for any alleged neglect or default in the execution in good faith of the person’s duty.  R.S.O. 1990, c. M.16, s. 6 (1); 1994, c. 27, s. 31 (1); 1999, c. 12, Sched. A, s. 20 (4). Crown liability (2) Subsection (1) does not, by reason of subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be subject, and the Crown is liable under that Act for any such tort as if subsection (1) had not been enacted.  R.S.O. 1990, c. M.16, s. 6 (2); 2019, c. 7, Sched. 17, s. 103. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. A, s. 20 (4) - 22/12/1999 2019, c. 7, Sched. 17, s. 103 - 01/07/2019
6.1 The Minister may enter into agreements in respect of any matter that is under his or her administration under this or any other Act. 2017, c. 2, Sched. 1, s. 2.  Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 1, s. 2 - 22/03/2017
7 (1) Upon the recommendation of the Minister, the Lieutenant Governor in Council may, by order, establish programs for the encouragement of any branch of agriculture, food or rural affairs. 2017, c. 2, Sched. 1, s. 3 (1). Conditions to services or grants (2) A program may determine the conditions under which services are provided by the Ministry and expenses allowed or grants payable and the conditions under which grants are repayable.  R.S.O. 1990, c. M.16, s. 7 (2). Fees (3) A program may require that fees be paid by persons engaged in the branch of agriculture or food to which the program applies and may fix the amounts thereof.  R.S.O. 1990, c. M.16, s. 7 (3). Grants not to be given as security (4) A program may provide that a grant or payment shall not be assigned, charged, attached or given as security and that any transaction purporting to do so is void.  R.S.O. 1990, c. M.16, s. 7 (4). Program may be retroactive (5) A program may provide that it is to come into force before the date on which it is established.  R.S.O. 1990, c. M.16, s. 7 (5). Municipal valuers (6) If a program requires the appointment of valuers for purposes of investigating or assessing damage to livestock or poultry caused by wild animals, the council of every municipality shall appoint one or more persons as valuers for that purpose.  2010, c. 16, Sched. 1, s. 6 (1). Part III of Legislation Act, 2006 (7) Part III of the Legislation Act, 2006 does not apply to an order made under this section. 2017, c. 2, Sched. 1, s. 3 (2). Transition to Minister’s orders (8) A program that was established by the Lieutenant Governor in Council under this section before the day section 2 of Schedule 1 of the Burden Reduction Act, 2017 comes into force and that is still in effect on that day is deemed, on and after that day, to be a program established by the Minister under section 6.2. 2017, c. 2, Sched. 1, s. 3 (2). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 1, s. 6 (1) - 1/07/2011 2017, c. 2, Sched. 1, s. 3 (1, 2) - 22/03/2017
7.1 For greater certainty, section 3 of the Innkeepers Act does not apply with respect to cattle enrolled in the Ontario Feeder Cattle Loan Guarantee Program established under this Act. 2023, c. 2, Sched. 4, s. 1. Section Amendments with date in force (d/m/y) 2023, c. 2, Sched. 4, s. 1 - 22/03/2023
9 Where a program has been established under section 7 to provide for veterinary services in one or more than one territorial district and a veterinary agricultural committee has been established, any municipality may make grants to a veterinary fund, administered by the veterinary agricultural committee, from which payments are made to provide for the veterinary services in the territorial district.  R.S.O. 1990, c. M.16, s. 9. 10 Repealed:  1999, c. 12, Sched. A, s. 20 (5). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. A, s. 20 (5) - 22/12/1999
11 The Minister shall in each year submit to the Lieutenant Governor in Council a report of the proceedings of the Ministry during the next preceding fiscal year, and such report shall be laid before the Assembly forthwith, but, if the Legislature is not at the time in session, then within thirty days after the commencement of the next session.  R.S.O. 1990, c. M.16, s. 11.
12 (1) The commission known as the Ontario Farm Products Marketing Commission is continued as a body corporate without share capital under the name Ontario Farm Products Marketing Commission in English and Commission de commercialisation des produits agricoles de l’Ontario in French and shall consist of not fewer than three persons appointed by the Lieutenant Governor in Council.  R.S.O. 1990, c. M.16, s. 12 (1); 2017, c. 20, Sched. 8, s. 98 (1). Chair (2) The Lieutenant Governor in Council shall appoint one of the members as chair and one or more of the members as vice-chair.  R.S.O. 1990, c. M.16, s. 12 (2). Quorum (3) Three members of the Commission, of whom one shall be the chair or a vice-chair, constitute a quorum and are sufficient for the exercise of all jurisdiction and powers of the Commission.  R.S.O. 1990, c. M.16, s. 12 (3). Division of the Commission (4) The chair, or in the case of the absence or inability of the chair to act, a vice-chair, may assign members of the Commission to divisions thereof and may change the assignment at any time.  R.S.O. 1990, c. M.16, s. 12 (4). Quorum necessary in division (5) The Commission may sit in two or more divisions simultaneously so long as a quorum of the Commission is present in each division.  R.S.O. 1990, c. M.16, s. 12 (5). Remuneration (6) Members of the Commission who are not public servants employed under Part III of the Public Service of Ontario Act, 2006 shall receive such remuneration and expenses as the Lieutenant Governor in Council determines.  R.S.O. 1990, c. M.16, s. 12 (6); 2006, c. 35, Sched. C, s. 68 (2). Non-application of Acts (7) The Not-for-Profit Corporations Act, 2010 and the Corporations Information Act do not apply to the Commission. 2017, c. 20, Sched. 8, s. 98 (2). Employees (8) A secretary to the Commission and such other employees as may be required may be appointed under Part III of the Public Service of Ontario Act, 2006.  R.S.O. 1990, c. M.16, s. 12 (8); 2006, c. 35, Sched. C, s. 68 (3). Where secretary absent (9) Where the secretary is absent or the position is vacant, the Commission may appoint any person to act in that capacity.  R.S.O. 1990, c. M.16, s. 12 (9). Appointment of specialists, etc. (10) The Commission may appoint conciliators or arbitrators or persons having technical or special knowledge to assist the Commission in any capacity.  R.S.O. 1990, c. M.16, s. 12 (10). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 68 (2, 3) - 20/08/2007 2010, c. 15, s. 234 - no effect - see 2017, c. 20, Sched. 8, s. 58 - 14/11/2017 2017, c. 20, Sched. 8, s. 98 (1, 2) - 19/10/2021
14.1 (1) Repealed:  2006, c. 19, Sched. A, s. 16 (2). Statutory Powers Procedure Act, subs. 5.3 (2) (2) In designating a person to preside at a pre-hearing conference under subsection 5.3 (2) of the Statutory Powers Procedure Act in connection with a proceeding under the Agricultural Employees Protection Act, 2002, the chair of the Tribunal may only designate a person who is a member of the Tribunal and whose appointment under subsection 14 (1.1) of this Act specifically states that he or she is entitled to hear matters under the Agricultural Employees Protection Act, 2002.  2002, c. 16, s. 19 (7). Statutory Powers Procedure Act, subs. 12 (2) (3) For the purposes of the application of subsection 12 (2) of the Statutory Powers Procedure Act to a proceeding under the Agricultural Employees Protection Act, 2002, the summons shall be signed by a member of the Tribunal whose appointment under subsection 14 (1.1) of this Act specifically states that he or she is entitled to hear matters under the Agricultural Employees Protection Act, 2002 or by a person authorized to do so under subsection 14 (12).  2002, c. 16, s. 19 (7). Statutory Powers Procedure Act, subs. 12 (6) (4) For the purposes of the application of subsection 12 (6) of the Statutory Powers Procedure Act to a proceeding under the Agricultural Employees Protection Act, 2002, the certification shall be made by a member of the panel, and not by the chair of the Tribunal.  2002, c. 16, s. 19 (7). Statutory Powers Procedure Act, rules and guidelines (5) Rules and guidelines
made or established by the Tribunal under section 16.2 or 25.1 of the Statutory Powers Procedure Act do not, unless they are made in accordance with subsection (6), apply with respect to proceedings under the Agricultural Employees Protection Act, 2002.  2002, c. 16, s. 19 (7). Same (6) The majority of the members of the Tribunal whose appointments by the Lieutenant Governor in Council under subsection 14 (1.1) of this Act specifically state that they are entitled to hear matters under the Agricultural Employees Protection Act, 2002
may exercise the powers of the Tribunal to make rules and establish guidelines under sections 16.2 and 25.1 of the Statutory Powers Procedure Act with respect to proceedings under the Agricultural Employees Protection Act, 2002.  2002, c. 16, s. 19 (7). Same (7) With respect to proceedings under the Agricultural Employees Protection Act, 2002,  a reference to rules or guidelines under any provision of the Statutory Powers Procedure Act means the rules or guidelines made under subsection (6).  2002, c. 16, s. 19 (7). Section Amendments with date in force (d/m/y) 2002, c. 16, s. 19 (7) - 17/06/2003 2006, c. 19, Sched. A, s. 16 (2) - 22/06/2006
14.2 A panel appointed under subsection 14 (3.1) for the purposes of a proceeding under the Agricultural Employees Protection Act, 2002 has the powers, duties and functions of the Tribunal under the Agricultural Employees Protection Act, 2002 and under the Statutory Powers Procedure Act with respect to the proceeding for which the panel was appointed.  2002, c. 16, s. 19 (7). Section Amendments with date in force (d/m/y) 2002, c. 16, s. 19 (7)
- 17/06/2003
15 In sections 16, 17 and 18, “Commission” means the Ontario Farm Products Marketing Commission; (“Commission”) “Director” means the Director appointed under the Milk Act or the Farm Products Marketing Act; (“directeur”) “local board” means a local board constituted under the Farm Products Marketing Act; (“commission locale”) “marketing board” means a marketing board constituted under the Milk Act. (“commission de commercialisation”)  R.S.O. 1990, c. M.16, s. 15; 2006, c. 19, Sched. A, s. 16 (4). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. A, s. 16 (4) - 22/06/2006
17 (1) Where a person is aggrieved by an order, direction, policy or decision of the Commission, a local board, a marketing board or the Director, that person may, by written application therefor, request a reconsideration of the order, direction, policy or decision.  R.S.O. 1990, c. M.16, s. 17 (1). Decision not to be varied without hearing (2) On any application under subsection (1), the body considering the application or the Director, as the case may be, shall not vary or rescind its or his or her decision adversely to the interests of any person without holding a hearing to which such person is a party and may make such decision after such hearing as it or he or she considers proper under any law applicable thereto.  R.S.O. 1990, c. M.16, s. 17 (2). Request for reconsideration of regulation (3) Where any person is affected by any regulation made by a local board or a marketing board, he or she may request the local board or marketing board, as the case may be, to reconsider the regulation by serving upon the local board or the marketing board written notice of the request.  R.S.O. 1990, c. M.16, s. 17 (3). Idem (4) Where a person is affected by any regulation made by the Commission, that person may request the Commission to reconsider the regulation by serving upon the Commission written notice of the request.  R.S.O. 1990, c. M.16, s. 17 (4). Hearing (5) On receipt of a notice under subsection (3) or (4), the body considering the request shall hold, or shall afford to the person making the request an opportunity for, a hearing.  R.S.O. 1990, c. M.16, s. 17 (5). Procedure (6) The Statutory Powers Procedure Act applies to a hearing under this section.  R.S.O. 1990, c. M.16, s. 17 (6). Notice of reconsiderations by Commission (7) If the Commission is requested to reconsider a regulation under subsection (4) or a policy or an order, direction or decision of general application, the Commission shall send notice of its decision, and of any reasons that may be given for the decision, to the Minister and to, (a) all the parties to the hearing, if a hearing is held; or (b) the person who requested the reconsideration, if no hearing is held.  2010, c. 16, Sched. 1, s. 6 (11). Same (8) For the purposes of subsection (7), an order, direction or decision of general application includes any order, direction or decision other than one that, (a) applies only with respect to a person or group of persons or with respect to a particular dispute or incident; or (b) governs the day to day operations of a particular local board or marketing board under the Farm Products Marketing Act or the Milk Act.  2010, c. 16, Sched. 1, s. 6 (11). Timing of notice of decision (9) A notice of decision shall be sent under subsection (7) within a reasonable time after the hearing is complete and, if no hearing is held, within a reasonable time after receipt of the request for reconsideration.  2010, c. 16, Sched. 1, s. 6 (11). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 1, s. 6 (11) - 25/10/2010
18 (1) The Minister may review a decision of the Tribunal made under this Act and a decision of the Commission to which subsection 17 (7) applies within 30 days after receipt by the Minister of the decision of the Tribunal or of the Commission and the reasons therefor, if any, or within such longer period as may be determined by the Minister within such 30-day period.  2010, c. 16, Sched. 1, s. 6 (12). Powers of Minister (2) Upon review of a decision under subsection (1), the Minister may, (a) confirm, vary or rescind the whole or any part of the decision; (b) substitute for the decision of the Tribunal or of the Commission, as the case may be, such decision as the Minister considers appropriate; or (c) by notice to the Tribunal or Commission, as the case may be, require it to hold a new hearing of the whole or any part of the matter appealed to the Tribunal or reconsidered by the Commission and further reconsider its decision.  2010, c. 16, Sched. 1, s. 6 (12). Decision is final (3) Subject to subsection (4), a decision of the Tribunal or of the Commission, as the case may be, is final after the expiration of the period mentioned in subsection (1) unless the decision is varied or rescinded or a decision is substituted for the decision of the Tribunal or Commission or a new hearing is required.  2010, c. 16, Sched. 1, s. 6 (12). Same (4) A decision of the Tribunal or of the Commission that has been confirmed, varied or rescinded under clause (2) (a) or a decision of the Minister that has been substituted for the decision of the Tribunal or of the Commission under clause (2) (b) is final.  2010, c. 16, Sched. 1, s. 6 (12). Notice by Minister (5) The Minister shall give notice of his or her decision under subsection (2), together with written reasons therefor, (a) to the Tribunal and to all parties to the appeal, in the case of a review of a decision of the Tribunal; and (b) to the Commission and to all the parties to the reconsideration by the Commission, in the case of a review of a decision of the Commission.  2010, c. 16, Sched. 1, s. 6 (12). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. A, s. 16 (3) - 22/06/2006 2010, c. 16, Sched. 1, s. 6 (12) - 25/10/2010 ______________  Français