Protecting Farmers from Non-Payment Act (Regulating Agricultural Product Dealers and Storage Operators), 2023, S.O. 2023, c. 9, Sched. 30 (Consolidation Period: From June 8, 2023 )

JurisdictionOntario
Coming into Force08 June 2023
Statuscurrent

Protecting Farmers from Non-Payment Act (Regulating Agricultural Product Dealers and Storage Operators), 2023

S.o. 2023, chapter 9
Schedule 30

Consolidation Period: From June 8, 2023 to the e-Laws currency date.

Note: THIS ACT IS NOT YET IN FORCE. It comes into force on a day to be named by proclamation of the Lieutenant Governor.

No amendments.

CONTENTS

Part I
Interpretation and Application

Definitions

1 (1) In this Act,

“agreement to purchase or sell a designated product” means an agreement to purchase or sell a designated product under section 6; (“entente d’achat ou de vente d’un produit désigné”)

“agreement to store a designated product” means an agreement to store a designated product under section 11; (“entente d’entreposage d’un produit désigné”)

“agricultural product” means cattle, hogs, poultry, or other livestock, eggs, dairy products, wool, grains, seeds, fruit, vegetables, maple products, honey, tobacco, or any class or part of any such product, or any other product designated as an agricultural product by regulation; (“produit agricole”)

“board” means a board established or continued pursuant to this Act; (“commission”)

“dealer” means a person, licensed or not, who engages in the business of buying or selling a designated product as a principal or agent, but does not include a person or a producer buying a designated product for their own personal use; (“marchand”)

“dealer’s licence” means a licence to engage in business as a dealer of a Part IV designated product issued by the Director under Part VIII; (“permis de marchand”)

“delegated authority” means an entity that has been designated under section 79; (“organisme délégataire”)

“designated product” means and agricultural product designated by regulation under clause 2 (1) (a), (b), (c), (d) or (e); (“produit désigné”)

“Director” means a Director appointed under section 3 or 4; (“directeur”)

“fund” means a fund established or continued pursuant to this Act; (“fonds”)

“licence” means a licence under this Act; (“permis”)

“licensed dealer” means a dealer who has been issued a dealer’s licence; (“marchand titulaire d’un permis”)

“licensed storage operator” means a person who has been issued a storage operator’s licence; (“exploitant de services d’entreposage titulaire d’un permis”)

“Minister” means the Minister of Agriculture, Food and Rural Affairs or any other member of the Executive Council to whom responsibility for the administration of this Act is assigned or transferred under the Executive Council Act; (“ministre”)

“owner” means the person who has legal title to a designated product; (“propriétaire”)

“Part IV designated product” means an agricultural product designated by regulation under clause 2 (1) (a); (“produit désigné par la partie IV”)

“Part V designated product” means an agricultural product designated by regulation under clause 2 (1) (b); (“produit désigné par la partie V”)

“Part VI designated product” means an agricultural product designated by regulation under clause 2 (1) (c); (“produit désigné par la partie VI”)

“Part VII designated product” means an agricultural product designated by regulation under clause 2 (1) (d); (“produit désigné par la partie VII”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“producer” means a person who is engaged in the production of a designated product; (“producteur”)

“regulation” means a regulation made under this Act; (“règlement”)

“storage operator” means a person, licensed or not, who engages in the business of storing a designated product; (“exploitant de services d’entreposage”)

“storage operator’s licence” means a licence to store Part V designated products issued by the Director under Part VIII; (“permis d’exploitant de services d’entreposage”)

“Tribunal” means the Agriculture, Food and Rural Affairs Appeal Tribunal continued under the Ministry of Agriculture, Food and Rural Affairs Act. (“Tribunal”)

Existing aboriginal or treaty rights

(2) For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for the existing aboriginal and treaty rights of the aboriginal peoples of Canada as recognized and affirmed in section 35 of the Constitution Act, 1982.

Part II
Designation of Agricultural Products

Designation

2 (1) The Minister may, by regulation, designate an agricultural product as,

(a) a Part IV designated product, being a designated product with respect to which Part IV applies;

(b) a Part V designated product, being a designated product with respect to which Part V applies;

(c) a Part VI designated product, being a designated product with respect to which Part VI applies;

(d) a Part VII designated product, being a designated product with respect to which Part VII applies; or

(e) a designated product with respect to which two or more of the Parts of this Act referred to in clauses (a) to (d) apply.

Limiting application

(2) A regulation designating an agricultural product under subsection (1) may provide that a Part referred to in the regulation applies to the designated product subject to such limitations as may be specified in the regulation, and may exclude certain provisions in the Part from applying to the designated product.

Part III
Administration

Director and Deputy Directors

3 (1) Subject to section 4, the Minister shall appoint a Director to carry out the duties and exercise the powers of the Director under this Act.

Deputy Directors

(2) Subject to section 4, the Minister may appoint one or more Deputy Directors to perform such duties as may be assigned by the Director and to act as Director in the Director’s absence.

Same

(3) Only one Deputy Director may act as Director in the Director’s absence at any one time.

Powers of inspector

(4) In addition to the powers described in subsections (1) and (2), the Director and a Deputy Director have all the powers of an inspector under this Act.

Limitation of authority

(5) In an appointment of a Director or Deputy Director, the Minister may limit the appointment to apply only with respect to a specified designated product or may otherwise limit the authority of the Director or Deputy Director in such manner as the Minister considers advisable.

Delegated authority

4 (1) If a delegated authority has been designated by regulation under Part X for the purposes of administering all or part of the Act and regulations with respect to a designated product, the delegated authority,

(a) shall appoint a Director to carry out the duties and exercise the powers of the Director under this Act with respect to the designated product; and

(b) may appoint one or more Deputy Directors to perform such duties as may be assigned by the Director and to act as Director in the Director’s absence with respect to the designated product.

Limitation

(2) A delegated authority shall not appoint a person as Director or Deputy Director under subsection (1) if the person is a member of the delegated authority’s board of directors or the person is not an employee of the delegated authority.

Application

(3) Subsections 3 (3), (4) and (5) apply with necessary modifications to a Director or Deputy Director appointed under subsection (1) of this section.

Part IV
Dealers

Prohibition

5 (1) No person shall act as a dealer of a Part IV designated product unless the person holds a dealer’s licence with respect to that designated product.

No transfer of licence

(2) A licensed dealer shall not transfer their dealer’s licence to another person.

No use of licence by third parties

(3) A licensed dealer shall not, without the written consent of the Director, allow another person to use the dealer’s licence for the purposes of acting on behalf of the dealer in respect of the sale of a Part IV designated product.

Agreement to purchase or sell a designated product

6 (1) A dealer shall not purchase a Part IV designated product from a producer or sell or offer for sale a Part IV designated product on behalf of a producer unless the dealer and the producer have entered into an agreement to purchase or sell a designated product in relation to the designated product.

Same

(2) An agreement to purchase or sell a designated product shall be in writing and satisfy any requirements that are prescribed by the regulations.

Payments by dealer

7 (1) A dealer shall pay for the designated product the dealer purchased from a producer or sold on behalf of a producer at the time the payment becomes due.

Same

(2) Payments by the dealer shall be made in accordance with the regulations.

Timelines for payments

(3) Despite subsection (2), if permitted by the regulations, the dealer and producer may enter into an agreement to purchase or sell a designated product that provides when payment for a designated product becomes due and, if they enter into such an agreement, the dealer shall comply with the timeline for payment set out in the agreement to purchase or sell a designated product.

Exemptions for members of a non-governmental organization

8 (1) Despite subsection 5 (1), a dealer of a Part IV designated product does not require a licence to act as a dealer of the designated product provided the dealer is a member in good standing of a prescribed non-governmental organization.

Same

(2) The Minister shall not prescribe a non-governmental organization for the purposes of this section unless,

(a) the non-governmental organization is a not-for-profit corporation incorporated under the laws of Ontario or of Canada; and

(b) the Minister has entered into an agreement with the non-governmental organization.

Same

(3) The Minister may include such terms and conditions as the Minister believes are reasonably necessary in an agreement referred to in clause (2) (b).

Records, etc.

9 (1) A dealer of a Part IV designated product shall keep such books and records as may be required by regulation and shall maintain the books and records...

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