EXPLANATORY NOTE
This Explanatory Note was written as a reader’s aid to Bill 87 and does not form part of the law. Bill 87 has been enacted as Chapter 20 of the Statutes of Ontario, 2001.
The Bill deals with the safety and quality of food, agricultural or aquatic commodities and agricultural inputs. Food is defined to mean food or drink intended for human consumption, but does not include milk from cows or products of that milk except as ingredients of food or as the regulations specify, liquor and any product that the regulations specify is not included in the definition. Agricultural or aquatic commodities include commodities that are intended for use as food, that may be used as food or from which food is or may be derived, deadstock and other products. Agricultural inputs are products that may be used in the production of commodities such as feed and fertilizer.
Part I. The Minister responsible for administering the Bill when passed may appoint one or more directors. Directors have the powers that inspectors have under the Bill.
Part II. The Bill allows the Lieutenant Governor in Council to make regulations designating, as a licensed activity, any one of a wide range of activities that affect or could affect the quality or safety of food, agricultural or aquatic commodities or agricultural inputs, including for instance the production, processing or manufacturing of food. A person is required to have a licence issued by a director in order to carry on a licensed activity or to operate a premises where a licensed activity is carried on. A person is prohibited from carrying on a licensed activity or operating a premises where a licensed activity is carried on if the person is in contravention of the licence.
A director who refuses to grant an application for a licence or who varies conditions of a licence is required to hold a hearing. A director may refuse to renew a licence or may revoke or suspend a licence after a hearing or may suspend a licence before a hearing if the director is of the opinion that it is necessary to do so for the immediate protection of the safety or health of any person or animal or the public. A person affected by the decision of a director after a hearing can appeal the decision to the Agriculture, Food and Rural Affairs Appeal Tribunal.
Part III. The Bill allows the Lieutenant Governor in Council broad powers to make regulations for the purpose of ensuring the quality or safety of food, agricultural or aquatic commodities or agricultural inputs. These include specifying standards for them, governing a wide range of activities that affect or could affect their quality or safety, establishing certification requirements for operators and permit requirements for premises, establishing control areas where there is a food safety risk that constitutes a significant risk to public health or safety and specifying restrictions with respect to food, agricultural or aquatic commodities and agricultural inputs in those areas.
Part IV. A director or a person authorized in writing by a director may appoint inspectors. An inspector may search any premises or conveyance without a warrant if the inspector has reasonable grounds to believe that it contains any thing that may be a significant food safety risk to the public and that the circumstances make it impractical to obtain a search warrant. An inspector may stop a conveyance or search any premises or conveyance without a warrant if the inspector has reasonable grounds to believe that it is being used to carry on a regulatable activity under the Bill as a business and that it contains any thing that may be a significant food safety risk to the public for which the inspector could issue an order. An inspector may stop a conveyance or search any premises or conveyance without a warrant if the inspector has reasonable grounds to believe that it is subject to a preventive order, a compliance order or an order with respect to a control area and the inspector is conducting the inspection to determine whether a person has complied with the order. An inspector may enter and inspect any premises or stop and inspect any conveyance if the inspector has reasonable grounds to believe that it is used for carrying on a regulated activity under the Bill or that it will afford evidence of an offence under the Bill. The Bill continues the power in the current Fish Inspection Act that allows an inspector to arrest a person without warrant if the inspector believes on reasonable grounds that the person is committing or is preparing to commit an offence with respect to fish.
An inspector may make orders directing a person to take or to refrain from taking steps to prevent, decrease, control or eliminate a food safety risk. An inspector may also make orders requiring persons to comply with the Bill, the regulations or a condition of a licence, permit or certificate. Neither a preventive order nor a compliance order can direct the recall of food, agricultural or aquatic commodities or agricultural inputs. A person affected by either order can request a hearing by a director and appeal the decision of a director to the Agriculture, Food and Rural Affairs Appeal Tribunal.
Part V. The Minister responsible for administering the Bill when passed may make inquiries of any person into information that is relevant to any thing that is or may become a significant food safety risk to the public. The Minister or the person who receives the information must disclose it to another Minister, the Government of Canada or of any province or municipality or a local medical officer of health or the Chief Medical Officer of Health if the person who receives the information is of the opinion that it is necessary to do so to protect the health or safety of the public or any person.
According to what the regulations specify, a director is either authorized or required to levy an administrative penalty against any person who, in the opinion of the director, has contravened the Bill, the regulations, an order under the Bill or a condition of a licence, certificate or permit. The maximum amount of the penalty is $15,000 for each day or part of a day on which the contravention continues. The person is entitled to a hearing by the Agriculture, Food and Rural Affairs Appeal Tribunal. The Minister responsible for administering the Bill when passed may apply for a court order requiring a person to comply with an order made under the Bill or restraining a person from continuing the contravention. In addition, a person who commits the contravention is guilty of an offence.
Part VI. The Minister responsible for administering the Bill when passed may, by agreement, delegate to other persons the administration and enforcement of any provision of the Bill except as they relate to a food safety risk. A delegate must appoint its own director for the purpose of the delegated legislation. There is certain protection from liability for the Crown, the Minister, employees of the Ministry and other persons with respect to acts or torts of persons including delegates.
The Minister may make regulations prescribing fees, including fees to reimburse the Ministry for its reasonable costs of providing any service to a person that relates to the administration and enforcement of the Bill when passed.
The Bill allows the Lieutenant Governor in Council broad powers to make regulations with respect to licences and the powers and duties of inspectors.
Part VII. The Bill repeals the Dead Animal Disposal Act, the Edible Oil Products Act, the Fish Inspection Act and the Meat Inspection Act (Ontario).