40:1 Bill 130, Promoting Local Food Act, 2012

McMeekin, Hon Ted Minister of Agriculture, Food and Rural Affairs

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Bill 130                                                       2012

An Act to enact the Local Food Act, 2012 and to amend the Ministry of Agriculture, Food and Rural Affairs Act with respect to program creation and other matters

Note: This Act amends the Ministry of Agriculture, Food and Rural Affairs Act.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

Her 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

   2.  (1)  Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.

Same

   (2)  The Schedules to this Act come into force as provided in each Schedule.

Same

   (3)  If a Schedule to this Act provides that any provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.

Short title

   3.  The short title of this Act is the Promoting Local Food Act, 2012.

 

schedule 1
local food act, 2012

CONTENTS

Preamble

1.

Purposes

2.

Definitions

3.

Local Food Week

4.

Goals and targets

5.

Information to be provided to Minister

6.

Regulations

7.

Commencement

8.

Short title

______________

Preamble

Ontario has robust and resilient local food systems: a highly productive agricultural land base, a favourable climate and water supply, efficient transportation and distribution systems, and knowledgeable, innovative farmers, food processors, distributors, retailers and restaurateurs. These resources help ensure that local food systems thrive throughout the province, allowing Ontarians to know where their food comes from and connect with those who produce it.

The variety of food produced, harvested and made in Ontario reflects the diversity of its people. This variety is something to be celebrated, cherished and supported. Strong local and regional food systems deliver economic benefits and build strong communities.

Maintaining and growing Ontario’s local and regional food systems requires a shared vision and a collaborative approach that includes working with public sector organizations. The process of setting goals and targets to which Ontarians can aspire provides an opportunity to work with industry, the public sector and other partners to promote local food and to develop a shared understanding of what needs to be done to support local food in Ontario.

Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Purposes

   1.  The purposes of this Act are as follows:

    1.  To foster successful and resilient local food economies and systems throughout Ontario.

    2.  To increase awareness of the diversity of local food in Ontario.

    3.  To encourage the development of new markets for local food.

Definitions

   2.  In this Act,

“agency of the Government of Ontario” means a public body designated in regulations made under the Public Service of Ontario Act, 2006; (“organisme du gouvernement de l’Ontario”)

“hospital” means,

  (a)  a hospital within the meaning of the Public Hospitals Act,

  (b)  a private hospital within the meaning of the Private Hospitals Act that received public funds in the previous fiscal year of the Government of Ontario, and

   (c)  the University of Ottawa Heart Institute/Institut de cardiologie de l’Université d’Ottawa; (“hôpital”)

“local food” means,

  (a)  food produced or harvested in Ontario, and

  (b)  subject to any limitations in the regulations, food and beverages made in Ontario if they include ingredients produced or harvested in Ontario; (“aliments locaux”)

“Minister” means, unless the context requires otherwise, the Minister of Agriculture, Food and Rural Affairs or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”)

“ministry” means, unless the context requires otherwise, the ministry of the Minister; (“ministère”)

“public sector organization” means,

  (a)  a ministry of the Government of Ontario,

  (b)  an agency of the Government of Ontario,

   (c)  a municipality within the meaning of the Municipal Act, 2001,

  (d)  a university in Ontario and every college of applied arts and technology and post-secondary institution in Ontario whether or not affiliated with a university, the enrolments of which are counted for purposes of calculating annual operating grants and entitlements,

  (e)  a board within the meaning of the Education Act,

    (f)  a hospital,

  (g)  a long-term care home within the meaning of the Long-Term Care Homes Act, 2007,

   (h)  a corporation described in clause (f) of the definition of “designated broader public sector organization” in subsection 1 (1) of the Broader Public Sector Accountability Act, 2010,

    (i)  another organization prescribed by regulation. (“organisme du secteur public”)

Local Food Week

   3.  The week beginning with the Monday following Victoria Day in each year is proclaimed as Local Food Week.

Goals and targets

   4.  (1)  The Minister may, to further the purposes of this Act, establish goals or targets to aspire to in respect of local food.

Consultation

   (2)  Before establishing or amending a goal or target, the Minister shall consult organizations that, in the Minister’s opinion, have an interest in the goal or target.

Scope

   (3)  A goal or target may be general or particular in its application and, without limiting the generality of the foregoing, may be established in respect of,

  (a)  one or more types of local food specified in the goal or target;

  (b)  one or more entities specified in the goal or target, including one or more public sector organizations; or

   (c)  one or more specified geographic areas.

Identification of public sector organization

   (4)  If a goal or target applies to one or more public sector organizations, the goal or target shall specify the public sector organization or organizations to which it applies.

Publication of goals and targets

   (5)  The Minister shall publish each goal and target established under this section on a Government of Ontario website, together with a summary of the information the Minister relied on to establish the goal or target.

Non-application of the Legislation Act, 2006, Part III

   (6)  Part III (Regulations) of the Legislation Act, 2006 does not apply to a goal or target established under this section.

Information to be provided to Minister

   5.  (1)  The Minister may direct a public sector organization to provide the Minister with specified information in order to assist the Minister in,

  (a)  establishing a goal or target or determining the actions required to meet a goal or target;

  (b)  understanding the steps that are being taken or have been taken to meet a goal or target; or

   (c)  assessing the progress that is being made or has been made toward meeting a goal or target.

Public sector organization to provide information

   (2)  If the Minister directs a public sector organization to provide information, the public sector organization shall provide the information on or before the deadline specified by the Minister in the direction.

Regulations

   6.  The Minister may make regulations,

  (a)  limiting what constitutes local food under clause (b) of the definition of “local food” in section 2;

  (b)  prescribing organizations for the purposes of the definition of “public sector organization” in section 2.

Commencement

   7.  The Act set out in this Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

   8.  The short title of the Act set out in this Schedule is the Local Food Act, 2012.

 

schedule 2
Ministry of Agriculture, Food and Rural Affairs Act

   1.  (1)  Clause 4 (a) of the Ministry of Agriculture, Food and Rural Affairs Act is amended by striking out “agriculture and food” and substituting “agriculture, food and rural affairs”.

   (2)  Section 4 of the Act is amended by adding the following subsection:

Contracts

   (2)  The Minister may enter into a contract in respect of any matter that is under his or her administration under this or any other Act.

   2.  Section 5 of the Act is amended by adding the following subsection:

Exception

   (1.1)  Subsection (1) does not apply to the Minister’s power to make an order under section 7.

   3.  Section 7 of the Act is repealed and the following substituted:

Establishment of programs

   7.  (1)  The Minister may, by order, establish programs for the betterment of agriculture, food and rural affairs in Ontario.

Same

   (2)  The Lieutenant Governor in Council may, on recommendation of the Minister, establish programs for the betterment of agriculture, food and rural affairs in Ontario, and a program established by the Lieutenant Governor in Council may come into force before the date on which it is established.

Contents of order

   (3)  An order establishing a program shall contain the following:

    1.  The terms and conditions under which services are to be provided under the program.

    2.  The terms and conditions under which grants or other payments under the program may be made and may become repayable.

    3.  The circumstances under which expenses incurred in connection with the program may be reimbursed.

    4.  The fees to be paid by persons engaged in the branch of agriculture, food or rural affairs to which the program applies and the circumstances under which the fees may be waived or refunded.

    5.  A statement setting out any restrictions on whether the grant or other payment made under the program may be assigned, charged, attached or given as security, and a statement setting out the legal effect of any purported transaction that contravenes the restrictions.

Amending Lieutenant Governor in Council orders

   (4)  The Minister may, by order, amend, revoke or replace an order,

  (a)  made by the Lieutenant Governor in Council under subsection (2), if the order made under subsection (2) so provides; or

  (b)  made by the Lieutenant Governor in Council under a predecessor of this section.

Amending orders, retroactive effect

   (5)  The Lieutenant Governor in Council may amend, revoke or replace an order made under subsection (1) or (4), and such an amendment, revocation or replacement may come into force before the date on which the amending, revoking or replacing order is made.

Publication of order

   (6)  An order made under subsection (1), (2), (4) or (5) shall be published on a Government of Ontario website and, if the Minister makes an order under subsection (4) amending, revoking or replacing an order made by the Lieutenant Governor in Council, the original order shall also be published on the website.

Same, archive

   (7)  The Minister shall maintain an archive of all orders published under this section indicating the period during which the order applies.

Delegation of program administration

   (8)  The Minister or the Lieutenant Governor in Council may specify in an order made under this section that any of the following persons are authorized to administer the program specified in the order:

    1.  A person employed under Part III of the Public Service of Ontario Act, 2006 who works in or provides services to the Ministry.

    2.  A person other than a person described in paragraph 1, if the Minister enters into an agreement with the person in respect of administering the program.

Limitation

   (9)  Subsection (8) does not permit the delegation of any matter set out in subsection (3).

Municipal valuers

   (10)  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.

Non-application of the Legislation Act, 2006, Part III

   (11)  Part III (Regulations) of the Legislation Act, 2006 does not apply to an order made under this section.

Commencement

   4.  This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

 

EXPLANATORY NOTE

The Bill enacts the Local Food Act, 2012 and amends the Ministry of Agriculture, Food and Rural Affairs Act.

schedule 1
local food act, 2012

The Local Food Act, 2012 is enacted. The Act permits the Minister of Agriculture, Food and Rural Affairs to establish goals or targets to aspire to in respect of local food. The Minister must engage in consultation before setting the goals or targets. The Minister may direct a public sector organization to provide information that would assist the Minister in establishing goals or targets, understanding steps that are being taken or have been taken to meet a goal or target, or assessing progress that is being made or has been made toward meeting a goal or target.

schedule 2
Ministry of Agriculture, Food and Rural Affairs Act

The Ministry of Agriculture, Food and Rural Affairs Act is amended in connection with program creation.

Currently, the Lieutenant Governor in Council is permitted to establish programs for the encouragement of agriculture or food in Ontario. The Act is amended so that the Minister is also permitted to establish programs for the betterment of agriculture, food and rural affairs in Ontario. The Lieutenant Governor in Council continues to have the power to establish programs on the recommendation of the Minister, and a program established by the Lieutenant Governor in Council may come into force before the date on which it is established.

Orders made by the Minister to create programs must be published on a Government of Ontario website and must be archived. An order made by the Minister or by the Lieutenant Governor in Council to establish a program may provide that the administration of the program may be delegated in certain circumstances.

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