Bill 46, Ministry of Agriculture, Food and Rural Affairs Statute Law Amendment Act, 1996

Villeneuve, Hon. Noble Minister of Agriculture, Food and Rural Affairs

Versions

Ministry of Agriculture, Food and Rural Affairs

Statute Law Amendment Act, 1996

EXPLANATORY NOTE

The Bill amends or revokes a number of Acts administered by or affecting the Minister of Agriculture, Food and Rural Affairs and enacts three new Acts. For convenience, the amendments and new Acts are set out in separate schedules by subject matter and the revocations of Acts are set out in one final schedule. The commencement provisions for each of the schedules are set out at the end of the schedules.

SCHEDULE A

AGRICORP ACT, 1996

The Bill establishes AgriCorp as a corporation without share capital and as a Crown agency.

The principal object of AgriCorp is to administer plans of crop insurance under the Crop Insurance Act (Ontario), 1996 that are presently administered by The Crop Insurance Commission of Ontario.

AgriCorp has the capacity and powers of a natural person, except as limited by the Bill.

SCHEDULE B

AGRICULTURE AND FOOD INSTITUTE OF ONTARIO ACT, 1996

The Bill continues the Agricultural Research Institute of Ontario under the name Agriculture and Food Institute of Ontario in English and Institut ontarien d'agriculture et d'alimentation in French. The Institute is a body corporate and a Crown agency.

The objects of the Institute include operating laboratories and educational programs, conducting research and entering into agreements, covenants or easements for the conservation, protection or preservation of agricultural lands.

The Institute has the capacity and powers of a natural person, except as limited by the Bill.

SCHEDULE C

CROP INSURANCE ACT, 1996

The Bill repeals and replaces the Crop Insurance Act (Ontario).

The Bill makes the following changes to the Act:

1. AgriCorp replaces The Crop Insurance Commission of Ontario.

2. With the approval of Management Board of Cabinet, the Minister of Agriculture, Food and Rural Affairs may enter into agreements with the Government of Canada as provided for in the Farm Income Protection Act (Canada).

3. AgriCorp is required to comply with a request by the Minister to offer to enter into contracts of insurance or to amend or terminate a contract of insurance or a proposed contract of insurance.

4. AgriCorp is not permitted to enter into a contract to insure less than the entire agricultural crop of a person or a crop that is already insured.

5. Except in the case of regulations made under the Act, the acts of AgriCorp in exercising its powers and performing its duties with respect to contracts of insurance are treated as administrative matters and not as regulations.

6. AgriCorp may appoint inspectors for the purpose of contracts of insurance and plans that it administers under other Acts.

7. Certain disputes relating to contracts of insurance may be referred to an appeal board. The Arbitration Act, 1991 does not apply to the appeal board.

SCHEDULE D

AMENDMENTS TO THE FARM PRODUCTS GRADES AND SALES ACT

All provisions in the Farm Products Grades and Sales Act relating to licensing in respect of horticultural products are repealed.

SCHEDULE E

AMENDMENTS TO THE GAME AND FISH ACT

Following the repeal of the Fur Farms Act, the Bill amends the Game and Fish Act to clarify that it does not apply to certainanimals while they are kept in captivity for certain commercial purposes.

SCHEDULE F

AMENDMENTS TO THE GRAIN ELEVATOR STORAGE ACT

The Bill makes the following changes to the Grain Elevator Storage Act:

1. The title of the Act is changed to the Grains Act to reflect the fact that the Act regulates grain only, and not other farm produce.

2. A person who carries on business as a dealer in grain is required to hold a licence issued under the Act.

3. An agency designated by the Minister of Agriculture, Food and Rural Affairs, and not the Minister, appoints inspectors for the purpose of the Act.

4. The Agency, and not the Lieutenant Governor in Council, prescribes fees payable for licences issued under the Act.

5. The power to make regulations is transferred to the Agency, subject to the approval of the Minister.

SCHEDULE G

AMENDMENTS TO THE LIVESTOCK BRANDING ACT

The Bill changes the title of the Livestock Branding Act to the Livestock Identification Act and transfers the administration and enforcement of the Act to the Ontario Cattlemen's Association.

SCHEDULE H

AMENDMENTS TO THE MILK ACT

The Bill makes the following changes to the Milk Act:

1. The Ontario Farm Products Marketing Commission no longer requires the approval of the Lieutenant Governor in Council to make regulations under section 19 of the Act.

2. The Minister of Agriculture, Food and Rural Affairs, the Commission or a marketing board may make agreements with other governments or agencies for the co-ordinated marketing of milk or milk products.

3. The Minister may, by regulation, grant to the Canadian Dairy Commission or a promotion-research agency established under the Farm Products Agencies Act (Canada) the authority to collect levies from producers who market certain milk products in Ontario and to use the levies.

SCHEDULE I

AMENDMENTS TO THE PLANT DISEASES ACT

All provisions in the Plant Diseases Act relating to the licensing of operators of nurseries are repealed.

SCHEDULE J

REPEAL OF VARIOUS ACTS

The following Acts are repealed:

1. The Abandoned Orchards Act.

2. The Agricultural Rehabilitation and Development Act (Ontario).

3. The Farm Income Stabilization Act.

4. The Fur Farms Act.

5. The Junior Farmer Establishment Act.

6. The Non-resident Agricultural Land Interests Registration Act.

7. The Oleomargarine Act.

8. The Riding Horse Establishments Act.

Bill1996

An Act to amend or revoke various statutes administered

by or affecting the Ministry of Agriculture, Food and

Rural Affairs and to enact other statutes

administered by the Ministry

CONTENTS


1.	Enactment of schedules
2.	Commencement
3.	Short title
Schedule A AgriCorp Act, 1996 Schedule B Agriculture and Food Institute of Ontario Act, 1996 Schedule C Crop Insurance Act, 1996 Schedule D Amendments to the Farm Products Grades and Sales Act Schedule E Amendments to the Game and Fish Act Schedule F Amendments to the Grain Elevator Storage Act Schedule G Amendments to the Livestock Branding Act Schedule H Amendments to the Milk Act Schedule I Amendments to the Plant Diseases Act Schedule J Repeal of various Acts

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

Enactment of schedules

1. (1) All of the schedules to this Act, other than Schedules A, B and C, are hereby enacted.

New Acts

(2) The AgriCorp Act, 1996, the Agriculture and Food Institute of Ontario Act, 1996 and the Crop Insurance Act, 1996, as set out in Schedules A, B and C respectively, are hereby enacted.

Commencement

2. (1) Except as provided in subsection (2), this Act comes into force on the day it receives Royal Assent.

Schedules

(2) The schedules to this Act come into force as provided in the commencement section at or near the end of each schedule.

Parts of schedules

(3) If a schedule to this Act provides that it is to come into force on a day to be named by proclamation of the Lieutenant Governor, the proclamation may apply to the whole or any part or parts or portion or portions or section or sections of the schedule.

Multiple proclamations

(4) Proclamations under subsection (3) may be issued at different times as to any part or parts or portion or portions or section or sections of the schedule.

Short title

3. The short title of this Act is the Ministry of Agriculture, Food and Rural Affairs Statute Law Amendment Act, 1996.

SCHEDULE A

AGRICORP ACT, 1996

AgriCorp established

1. (1) There is hereby established a corporation without share capital to be known in English and French as AgriCorp.

Members

(2) AgriCorp shall consist of as many members, not fewer than five, as the Lieutenant Governor in Council may appoint.

Term of appointment

(3) The members shall be appointed during the pleasure of the Lieutenant Governor in Council for a term of not more than three years.

Non-application

(4) The Corporations Act, the Corporations Information Act and the Insurance Act do not apply to AgriCorp or corporations constituted under subsection 16 (1).

Objects

2. The objects of AgriCorp are,

(a) to administer plans of crop insurance under the Crop Insurance Act (Ontario), 1996, and to perform the duties conferred on it by that Act; and

(b) to perform any other duties conferred on it under any other Act of Ontario, any order of the Lieutenant Governor in Council or the Governor in Council or any agreement made between,

(i) the Government of Ontario or any of its agencies, and

(ii) any one or more of the Government of Canada, any of its agencies, AgriCorp or any person.

Powers

3. (1) For the purpose of carrying out its objects, AgriCorp has the capacity and powers of a natural person, except as limited by this Act.

Additional powers

(2) AgriCorp may,

(a) establish and collect fees and service charges related to the exercise of its powers or the carrying out of its duties;

(b) establish and collect penalties for the late payment of the fees and service charges mentioned in clause (a); and

(c) on such conditions as it considers proper, lend money between the funds that it administers, if it administers more than one fund.

Borrowing, guarantees

(3) Except with the approval of the Minister of Finance, AgriCorp may not borrow money or guarantee the repayment, in whole or in part, of a loan made by any person other than itself.

Investments

(4) AgriCorp may not invest any part of its money in any investment other than,

(a) notes, bonds, debentures or other evidences of indebtedness issued or guaranteed as to principal and interest by,

(i) Canada, Ontario or another province of Canada,

(ii) a municipality in Canada,

(iii) an agency of the Government of Canada or a province of Canada,

(iv) a Canadian bank or financial institution that is supervised or examined by a governmental authority in the jurisdiction in which the bank or financial institution carries on business;

(b) deposit receipts, deposit notes, certificates of deposit, acceptances or other investment instruments issued, guaranteed or endorsed by a financial institution authorized to carry on business in Canada; or

(c) other securities, financial agreements, investments, evidences of indebtedness, commodity futures or foreign currency futures authorized by or belonging to a class authorized by the Minister of Finance.

Corporations, agreements

(5) Except with the approval of the Minister of Agriculture, Food and Rural Affairs, a member of AgriCorp, either alone or together with other persons, may not,

(a) create corporations that have any of the objects of AgriCorp; or

(b) enter into agreements with the Government of Canada or any of its agencies for the encouragement of agriculture or food.

Agreements

(6) AgriCorp may exercise any powers and perform any duties conferred on it under any agreement made between,

(a) the Government of Ontario or any of its agencies; and

(b) any one or more of the Government of Canada, any of its agencies, AgriCorp or any person.

Not regulations

(7) The acts of AgriCorp in exercising its powers and performing its duties mentioned in subsection (6) shall be deemed to be acts of an administrative and not of a legislative nature.

Inquiry

(8) AgriCorp may inquire into any matter relating to its objects and for that purpose has the powers that Part II of the Public Inquiries Act confers on a commission, and that Part applies to the inquiry as if it were an inquiry under that Act.

Disclosure of personal information

(9) Despite section 41 of the Freedom of Information and Protection of Privacy Act, if AgriCorp collects personal information from an individual for the purpose of a plan that it administers, it may use the information for the purpose of any other plan relating to the individual that it administers.

Board of directors

4. (1) The board of directors of AgriCorp consists of all of the members of AgriCorp.

Management

(2) The board shall manage and control the affairs of AgriCorp.

Chair and vice-chairs

(3) The Lieutenant Governor in Council shall designate one of the members of the board as chair and one or more of the members as vice-chairs of the board.

Quorum

(4) A majority of the members constitute a quorum of the board.

Minister's directives

5. (1) The Minister of Agriculture, Food and Rural Affairs may issue directives in writing to AgriCorp on matters relatingto the exercise of its powers or the carrying out of its duties under this or any other Act.

Implementation

(2) The board of directors of AgriCorp shall ensure that AgriCorp implements the directives promptly and efficiently.

By-laws

6. (1) The board of directors of AgriCorp may make the by-laws that it considers necessary for the administration of the affairs of AgriCorp, including by-laws to establish committees.

Committees

(2) A by-law establishing a committee of the board may delegate to the committee those powers and duties of the board determined in the by-law.

Payments to members

7. (1) Members of AgriCorp who are not employed in the public service of Ontario shall receive remuneration and reimbursement for the expenses that they incur in the course of their duties.

Amount

(2) AgriCorp shall pay the remuneration and expenses out of its general fund in amounts that comply with the policies of Management Board of Cabinet.

Crown agency

8. AgriCorp is an agent of the Crown and may exercise its powers only as an agent of the Crown.

No personal liability

9. (1) No action or other proceeding for damages may be instituted against any member of AgriCorp or employee appointed to the service of AgriCorp 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.

Crown liability

(2) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not 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.

Non-compellable witness

10. Except with the consent of AgriCorp, no member of AgriCorp shall be required to give testimony in any proceedings with regard to information obtained in the discharge of the member's duties.

Payments received

11. (1) The Minister of Finance may,

(a) reimburse AgriCorp out of the Consolidated Revenue Fund for all payments that AgriCorp makes under a guarantee that it has given; or

(b) make loans to AgriCorp out of the Consolidated Revenue Fund.

Guarantees

(2) The Minister of Finance may, on such conditions as the Minister considers proper, guarantee, on behalf of Ontario, the repayment of any loan made to AgriCorp, together with interest on the loan.

Funds

12. AgriCorp shall maintain all funds that it administers in a bank named in Schedule I to the Bank Act (Canada).

Provincial Auditor

13. The accounts and financial transactions of AgriCorp shall be audited annually by the Provincial Auditor.

Annual report

14. (1) The board of directors of AgriCorp shall make a report annually, within 120 days after the end of AgriCorp's financial year, to the Minister of Agriculture, Food and Rural Affairs on the affairs of AgriCorp containing all information that the Minister may require.

Tabling

(2) The Minister shall submit the report to the Lieutenant Governor in Council and shall then lay the report before the Assembly if it is in session or, if not, at the next session.

Other reports

(3) At the request of the Minister, the board of directors of AgriCorp shall submit to the Minister a detailed business plan on its affairs and the reports, other than the annual report, that the Minister requires.

Regulations of AgriCorp

15. Subject to the approval of the Minister of Agriculture, Food and Rural Affairs, AgriCorp may, in respect of its duties mentioned in clause 2 (b), make regulations,

(a) fixing and imposing levies or charges, other than the fees and service charges mentioned in subsection 3 (2), that any class of persons is required to pay to AgriCorp or a corporation described in subsection (2) or 3 (5);

(b) specifying terms for the payment of the levies or charges;

(c) providing for the collection of the levies or charges by AgriCorp, the corporation to which they are payable or any class of persons; and

(d) requiring the person who collects the levies or charges to account for them to AgriCorp or the corporation to which they are payable.

Regulations for corporations

16. (1) The Lieutenant Governor in Council may by regulation constitute corporations with such powers and duties as are considered conducive to the attainment of the corporation's objects and provide for their management.

Crown agent

(2) The Lieutenant Governor in Council may authorize a corporation mentioned in subsection (1) to act as an agent of the Crown in respect of programs, projects or matters that the Crown undertakes or carries out for the encouragement of agriculture or food.

Transition

17. (1) Despite subsection 1 (2), the first members of AgriCorp are the members of The Crop Insurance Commission of Ontario in office immediately before section 1 comes into force.

Term of office

(2) Despite subsection 1 (3), the terms of office of the first members of AgriCorp expire on the day their terms of office as members of the Commission expire, unless the Lieutenant Governor in Council prescribes otherwise.

Special program

(3) Contracts that the Minister of Agriculture, Food and Rural Affairs has entered into with persons under the program established by Order in Council 298/91, as amended from time to time, under section 7 of the Ministry of Agriculture and Food Act are assigned to AgriCorp.

Reference to Minister

(4) A reference to the Minister in the program or the contracts shall be deemed to be a reference to AgriCorp.

Commencement

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

Short title

19. The short title of the Act set out in this Schedule is the AgriCorp Act, 1996.

SCHEDULE B

AGRICULTURE AND FOOD INSTITUTE OF ONTARIO ACT, 1996

Definitions

1. In this Act,

"agricultural lands" means those lands designated in the regulations made under this Act; ("terres agricoles")

"Director" means the person appointed as Director of the Institute; ("directeur")

"Institute" means the Agriculture and Food Institute of Ontario continued under this Act; ("Institut")

"Minister" means the Minister responsible for the administration of this Act. ("ministre")

Institute continued

2. (1) The Agricultural Research Institute of Ontario is continued under the name Agriculture and Food Institute of Ontario in English and Institut ontarien d'agriculture et d'alimentation in French.

Body corporate

(2) The Institute is a body corporate responsible to the Minister.

Non-application

(3) The Corporations Act and the Corporations Information Act do not apply to the Institute.

Members

(4) The Institute shall consist of as many members, not fewer than 13, that the Minister may appoint from among persons who meet the qualifications set out in the regulations made under this Act.

Term of appointment

(5) The members shall be appointed during the pleasure of the Minister for a term of not more than three years, but any member may be reappointed for any number of additional one year periods.

Head office

(6) The Institute shall have a head office in the City of Guelph or in such other location in Ontario as the Minister designates.

Objects

3. The objects of the Institute are,

(a) to operate or to approve laboratories to do diagnostic, investigative, consultative or analytical testing for any person or organization related to animal health, plant health, food safety or the environment;

(b) to provide educational and training courses in the areas of agriculture, horticulture, veterinary medicine, food and rural community development;

(c) to inquire into programs of research, to recommend areas of research and to do research in respect of the areas mentioned in clause (b);

(d) to operate research stations in support of the courses described in clause (b) or the research described in clause (c);

(e) to develop joint programs and to enter into agreements for delivering joint programs with the governments of Canada or the provinces, educational institutions or other organizations to assist the Institute in carrying out its objects;

(f) to generate revenue through the services and programs that it offers;

(g) at the request of the Director, to enter into agreements, covenants or easements for the conservation, protection or preservation of agricultural lands with owners of real property or interests in real property or to assign the agreements, covenants and easements; and

(h) to perform any other duties conferred on it under any other Act of Ontario, order of the Lieutenant Governor in Council, or agreement with the Government of Canada or any of its agencies.

Powers

4. (1) For the purpose of carrying out its objects, the Institute has the capacity and powers of a natural person, except as limited by this Act and the regulations made under it.

Fees

(2) The Institute may establish and collect fees and service charges related to the exercise of its powers or the carrying out of its duties.

Borrowing, guarantees

(3) Except with the approval of the Minister of Finance, the Institute may not borrow money or guarantee the repayment, in whole or in part, of a loan made to any person other than itself.

Investments

(4) The Institute may not invest any part of its money in any investment other than,

(a) notes, bonds, debentures or other evidences of indebtedness issued or guaranteed as to principal and interest by,

(i) Canada, Ontario or another province of Canada,

(ii) a municipality in Canada,

(iii) an agency of the Government of Canada or a province of Canada,

(iv) a Canadian bank or financial institution that is supervised or examined by a governmental authority in the jurisdiction in which the bank or financial institution carries on business;

Corporations

(5) Except with the approval of the Minister, a member of the Institute, either alone or together with other persons, may not create corporations that have any of the objects of the Institute.

Diplomas, certificates

(6) The Institute may grant diplomas and certificates in the educational and training courses that it provides.

Not regulations

(7) The acts of the Institute in exercising its powers and performing its duties under this section shall be deemed to be acts of an administrative and not of a legislative nature.

Registration of easements

5. (1) The Institute may register an easement or covenant that it has entered into under clause 3 (g) against the real property affected in the appropriate land registry office.

Enforceability

(2) An easement or covenant registered against real property under subsection (1) runs with the real property and the Institute may enforce it, whether it is positive or negative in nature, against the owner or subsequent owners of the real property even if the Institute owns no appurtenant real property that would be accommodated or benefited by the easement or covenant.

Assignment

(3) The Institute may assign to any person designated by the Director an easement or covenant registered against real property under subsection (1).

Right of assignee

(4) An assignee may enforce the easement or covenant against the owner or subsequent owners of the property as if it were the Institute even if the assignee owns no appurtenant real property that would be accommodated or benefited by the easement or covenant.

Modification or discharge

(5) No person may modify or discharge an easement or covenant registered against real property under subsection (1) without the written agreement of,

(a) the Director, if the Institute has not assigned the easement or covenant;

(b) the assignee, if the Institute has assigned the easement or covenant; and

Land received from Crown

6. (1) If the Institute receives real property from the Crown, it shall hold the real property in trust for the Crown and may not sell, mortgage, or otherwise encumber or dispose of the real property without the approval of the Minister.

Dissolution

(2) If the Institute is dissolved or wound up, real property that it holds in trust for the Crown automatically vests in the Crown.

Board of directors

7. (1) The board of directors of the Institute consists of all of the members of the Institute.

Management

(2) The board shall manage and control the affairs of the Institute.

Chair and vice-chair

(3) The Minister shall designate one of the members of the board as chair and one of the members as vice-chair of the board.

Acting chair

(4) In the absence or disability of the chair, the vice-chair shall have the powers and duties of the chair.

Quorum

(5) A majority of the members constitute a quorum of the board.

Minister's directives

8. (1) The Minister may issue directives in writing to the Institute on matters relating to the exercise of its powers or the carrying out of its duties under this or any other Act.

Implementation

(2) The board of directors of the Institute shall ensure that the Institute implements the directives promptly and efficiently.

By-laws

9. (1) Subject to subsection (3), the board of directors of the Institute may make the by-laws that it considers necessary for the administration of the affairs of the Institute, including by-laws to appoint officers and establish committees, including the advisory committees that the Institute considers necessary to advise it in carrying out its objects.

Committees

(2) A by-law establishing a committee of the board may delegate to the committee those powers and duties of the board determined in the by-law.

Filing

(3) A by-law of the Institute shall not take effect until two weeks after the Institute has filed it with the Minister.

Director

10. (1) Subject to the approval of the Minister, the board of directors of the Institute shall appoint a person as the Director of the Institute.

Duties

(2) The Director shall be responsible for the management and administration of the Institute, subject to the supervision and direction of the board.

Remuneration

(3) The board shall pay to the Director the salary that the board determines.

Agreements regarding land

(4) In carrying out duties, the Director may require the Institute to enter into agreements, covenants or easements for the conservation, protection or preservation of agricultural lands with owners of real property or interests in real property or to assign, modify or discharge the agreements, covenants and easements.

Payments to members

11. (1) Members of the Institute who are not employed in the public sector as described in the Schedule to the Social Contract Act, 1993 or in the public service of Canada shall receive remuneration out of the general fund of the Institute in amounts that comply with the policies of Management Board of Cabinet.

Expenses

(2) The Institute may not reimburse its members for expenses that they incur in the course of their duties in excess of the amounts that comply with the policies of Management Board of Cabinet.

Crown agency

12. The Institute is an agent of the Crown and may exercise its powers only as an agent of the Crown.

No personal liability

13. (1) No action or other proceeding for damages may be instituted against any member of the Institute or employee appointed to the service of the Institute 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.

Crown liability

Non-compellable witness

14. Except with the consent of the Institute, no member of the Institute shall be required to give testimony in anyproceedings with regard to information obtained in the discharge of the member's duties.

Payments received

15. (1) The Minister of Finance may,

(a) reimburse the Institute out of the Consolidated Revenue Fund for all payments that the Institute makes under a guarantee that it has given; or

(b) make loans to the Institute out of the Consolidated Revenue Fund.

Guarantees

(2) The Minister of Finance may, on such conditions as the Minister considers proper, guarantee on behalf of Ontario, the repayment of any loan made to the Institute, together with interest on the loan.

Funds

16. The Institute shall maintain all funds that it administers in a bank named in Schedule I to the Bank Act (Canada).

Provincial Auditor

17. The accounts and financial transactions of the Institute shall be audited annually by the Provincial Auditor.

Financial year

18. (1) The financial year of the Institute begins on April 1 in each year and ends on the following March 31.

Estimates, reports

(2) The board of directors of the Institute shall submit to the Minister annually, before the beginning of the Institute's financial year, its written estimates for spending in the year.

Annual report

(3) The board of directors of the Institute shall make an annual report, within 120 days after the end of the Institute's financial year, to the Minister on the affairs of the Institute containing the information that the Minister requires.

Tabling

(4) The Minister shall submit the annual report to the Lieutenant Governor in Council and shall then lay the report before the Assembly if it is in session or, if not, at the next session.

Other reports

(5) At the request of the Minister, the board of directors of the Institute shall submit to the Minister a detailed businessplan on its affairs and the reports, other than the annual report, that the Minister requires.

Regulations

19. (1) Subject to the approval of the Minister, the Institute may, in respect of its objects, make regulations,

(a) fixing and imposing levies or charges, other than the fees and service charges mentioned in subsection 4 (2), that any class of persons is required to pay to the Institute or a corporation described in subsection 4 (5);

(b) specifying terms for the payment of the levies and charges; and

(c) providing for the collection of the levies and charges by the Institute, the corporation to which they are payable or any class of persons.

Same, Minister's regulations

(2) The Minister may make regulations,

(a) designating lands as agricultural lands for the purpose of this Act;

(b) prescribing the qualifications that a person is required to have to be eligible to be appointed as a member of the Institute;

(d) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act.

Transition

20. (1) The terms of office of all members of the Institute, the chair and vice-chair of the board of directors of the Institute and the Director of Research of the Institute who are in office immediately before the coming into force of this Act expire on the day this Act comes into force.

Same, Director

(2) The chair of the board of directors of the Institute shall be the first Director until the board appoints a Director under subsection 10 (1).

Reference to Institute

(3) A reference to the Agricultural Research Institute of Ontario in any program, agreement, easement, covenant, document or regulation in force immediately before the coming into forceof this Act shall be deemed to be a reference to the Agriculture and Food Institute of Ontario.

Repeals

21. The following are repealed:

1. The Agricultural Research Institute of Ontario Act.

2. Section 5 of the Statute Law Amendment Act (Government Management and Services), 1994.

Commencement

22. (1) This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Repeal

(2) This Schedule is repealed on March 31, 1999 if it is not in force by that day.

Short title

23. The short title of the Act set out in this Schedule is the Agriculture and Food Institute of Ontario Act, 1996.

SCHEDULE C

CROP INSURANCE ACT, 1996

CONTENTS


1.	Definitions
Contracts of Insurance
2. 3. 4. 5. 6.	Non-application of Insurance Act Precondition Minister's request Contracts of insurance Not regulations
Enforcement
7. 8. 9. 10.	Inspectors Inspection Assistance required Referral of disputes
Miscellaneous
11. 12. 13. 14. 15. 16.	Ontario Crop Insurance Fund Regulations Transition Repeal Commencement Short title

Definitions

1. In this Act,

"contract of insurance" means a contract between an insured person and AgriCorp for the insurance of agricultural crops or perennial plants within Ontario; ("contrat d'assurance")

"insured person" means a person who has entered into a contract of insurance with AgriCorp. ("assuré")

Contracts of Insurance

Non-application of Insurance Act

2. The Insurance Act does not apply to anything done under this Act.

Precondition

3. (1) The Minister of Agriculture, Food and Rural Affairs may, with the approval of Management Board of Cabinet, enter intoagreements with the Government of Canada for the purpose of the Farm Income Protection Act (Canada).

Retroactivity

(2) An agreement mentioned in subsection (1) may provide that it is to come into effect, in whole or in part, before the date on which it is signed.

Agreement with Canada

(3) AgriCorp may not enter into a contract of insurance in respect of an agricultural crop or perennial plant unless the Minister of Agriculture, Food and Rural Affairs has entered into an agreement mentioned in subsection (1) in respect of the crop or the plant, as the case may be.

Minister's request

4. If the Minister of Agriculture, Food and Rural Affairs has entered into an agreement mentioned in subsection 3 (1) in respect of an agricultural crop or perennial plant and in writing requests AgriCorp to do so, AgriCorp shall forthwith,

(a) offer to enter into contracts of insurance in respect of the crop or the plant, as the case may be; or

(b) amend or terminate contracts of insurance or proposed contracts of insurance in respect of the crop or the plant, as the case may be.

Contracts of insurance

5. (1) AgriCorp shall fix the terms of contracts of insurance, or proposed contracts of insurance, subject to section 4 and the regulations made under section 12.

Powers of AgriCorp

(2) AgriCorp has all the powers necessary to perform its duties including the power to,

(a) determine the qualifications and requirements for a person to enter into a contract of insurance;

(b) enter into contracts of insurance;

(d) fix premium rates payable by insured persons;

(e) fix the duration of contracts of insurance;

(f) specify the circumstances in which an insured person may terminate a contract of insurance and the methods that the person may use to terminate the contract;

(g) specify penalties imposed on an insured person who breaches the terms of a contract of insurance;

(h) reinsure with any other insurer the risk or any portion of the risk under its contracts of insurance; and

(i) terminate a contract of insurance on the terms that it considers appropriate.

Deemed acceptance

(3) An applicant for a contract of insurance or an insured person who receives notice from AgriCorp of the terms of a contract of insurance or amendments to the terms, as the case may be, shall be deemed to have accepted them unless the recipient notifies AgriCorp to the contrary within the time period that AgriCorp specifies.

Restriction

(4) AgriCorp shall not enter into a contract of insurance with a person to insure an agricultural crop or a type of perennial plant if,

(a) the contract insures less than the entire crop or all the plants of the type of perennial plant, as the case may be, in respect of which the person could enter into a contract of insurance under this Act; or

(b) a contract of insurance is already in effect to insure the crop or the type of perennial plant, as the case may be, in which the person has an interest.

Not regulations

6. The acts of AgriCorp in exercising its powers and performing its duties mentioned in sections 4 and 5 shall be deemed to be of an administrative and not of a legislative nature.

Enforcement

Inspectors

7. (1) AgriCorp may appoint a chief inspector and other inspectors as it considers necessary.

Certificate of appointment

(2) A member of AgriCorp or a person authorized in writing by a member of AgriCorp shall issue to every inspector a certificate of appointment bearing the signature of the person issuing it or a facsimile of the signature.

Evidence

(3) The certificate of appointment is admissible in evidence as proof of the appointment, in the absence of evidence to the contrary.

Identification

(4) An inspector who exercises powers under this Act shall, upon request, produce the certificate of appointment.

Inspection

8. (1) An inspector may, in respect of an insured person, an applicant for a contract of insurance, a person who has applied to be enrolled in a plan administered by AgriCorp or a person who is entitled to receive payment under a plan administered by AgriCorp,

(a) enter and inspect any lands and premises, other than a dwelling, that are owned or occupied by those persons, and inspect any goods located on those lands and premises; and

(b) demand the production by those persons of books, records or documents or extracts from those books, records or documents relating to,

(i) the crops or perennial plants insured under the contract of insurance or to which the application relates, or

(ii) the business of the person in respect of which the person has applied to be enrolled in a plan administered by AgriCorp or in respect of which the person is entitled to receive payment.

Time of inspection

(2) An inspector shall exercise the powers mentioned in subsection (1) only during normal business hours for the place that the inspector has entered.

Written demand

(3) A demand mentioned in clause (1) (b) shall be in writing and shall include a statement of the nature of the books, records, documents or extracts required.

Obligation to produce

(4) If an inspector makes a demand under clause (1) (b), the person having custody of the books, records, documents or extracts shall produce them to the inspector.

Copying

(5) On issuing a written receipt, the inspector may remove the books, records, documents or extracts that are produced and may copy them.

Return of things produced

(6) The inspector shall carry out copying with reasonable dispatch and shall forthwith after the copying return them to the person who produced them.

Admissibility of copies

(7) A copy purporting to be certified by an inspector as a copy made under subsection (5) is admissible in evidence to the same extent, and has the same evidentiary value, as the book, record, document or extract of which it is a copy.

Assistance

(8) An inspector may call upon any expert for such assistance as the inspector considers necessary in carrying out an inspection.

Computer search

(9) For the purpose of carrying out an inspection, an inspector may use any data storage, processing or retrieval device or system belonging to the persons being inspected in order to produce a record in readable form.

Assistance required

9. (1) An inspector may require information or material from a person who is the subject of an inspection under section 8 or from any person who the inspector has reason to believe can provide information or material relevant to the inspection.

Disclosure

(2) Despite section 17 of the Freedom of Information and Protection of Privacy Act and section 10 of the Municipal Freedom of Information and Protection of Privacy Act, the head of an institution within the meaning of those Acts shall disclose to the inspector the information and material that the inspector requires.

No obstruction

(3) No person shall obstruct an inspector who is exercising powers under this Act or provide false information or refuse to provide information to an inspector.

Records

(4) A person who is required under this Act to produce a record for an inspector shall, on request, provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system to produce the record in a readable form.

Referral of disputes

10. (1) If AgriCorp and a person disagree on a matter described in subsection (2) or if AgriCorp and an insured person fail to resolve a dispute arising out of the adjustment of aclaim under a contract of insurance, either may appeal the matter in dispute to the appeal board for the purpose of this section.

Application of subsection (1)

(2) Subsection (1) applies to a question whether a person qualifies for a contract of insurance except if the disagreement relates to the time during which a person may apply for a contract of insurance or file a final acreage report or its equivalent.

Notice of appeal

(3) To appeal a matter in dispute, the appellant shall file a written notice of appeal with the appeal board and send a copy of the notice to the other party within the time specified by the regulations made under this Act.

Decision binding

(4) The decision of the appeal board is binding on the parties.

Miscellaneous

Ontario Crop Insurance Fund

11. (1) The fund known in English as the Ontario Crop Insurance Fund and in French as Caisse d'assurance-récolte de l'Ontario is continued.

Deposits into Fund

(2) AgriCorp shall deposit into the Fund,

(a) all money that it receives under this Act; and

(b) all loans that it receives with respect to contracts of insurance.

Payments out of Fund

(3) AgriCorp shall pay out of the Fund all money for payments that it is required to make under this Act.

Regulations

12. (1) Subject to the approval of the Minister of Agriculture, Food and Rural Affairs, AgriCorp may make regulations respecting any matter with respect to contracts of insurance or proposed contracts of insurance.

Priority of regulations

(2) A regulation made under subsection (1) prevails over all terms of a contract of insurance that conflict with the regulation.

Minister's regulations

(3) The Minister may make regulations,

(a) establishing an appeal board to hear matters in dispute for the purpose of section 10 or providing that a board constituted under another Act shall be the appeal board for the purpose of that section; and

(b) providing for the appointment of members to the appeal board.

Remuneration of members

(4) The Minister shall provide for the payment of remuneration to the members of the appeal board and the reimbursement of expenses incurred by them.

Non-application of Act

(5) The Arbitration Act, 1991 does not apply to the appeal board.

Powers of appeal board

(6) The appeal board may,

(a) make rules for the practice and procedure to be observed in proceedings before it;

(b) fix fees and service charges that parties to proceedings before the board are required to pay to the board in connection with the proceedings; and

Transition

13. (1) Contracts of insurance that The Crop Insurance Commission of Ontario has entered into under the Crop Insurance Act (Ontario) and that are in force on the day this Act comes into force are assigned to AgriCorp and are continued as contracts of insurance within the meaning of this Act.

Plans

(2) Despite section 14, plans established under the Crop Insurance Act (Ontario) that are in force immediately before the coming into force of this Act continue to apply to contracts of insurance within the meaning of this Act.

Reference to Commission

(3) A reference to The Crop Insurance Commission of Ontario in any plan, contract of insurance or document related to the Ontario Crop Insurance Fund or any regulation made under the Crop Insurance Act (Ontario) shall be deemed to be a reference to AgriCorp.

Agreements

(4) Agreements that the Minister of Agriculture, Food and Rural Affairs has entered into with the Government of Canada in respect of contracts of insurance are continued under subsection 3 (1).

Appeal board

(5) The Crop Insurance Appeal Board shall be the appeal board for the purpose of section 10 unless the regulations made under this Act specify otherwise.

Repeal

14. The Crop Insurance Act (Ontario) is repealed.

Commencement

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

Short title

16. The short title of the Act set out in this Schedule is the Crop Insurance Act (Ontario), 1996.

SCHEDULE D

AMENDMENTS TO THE

FARM PRODUCTS GRADES AND SALES ACT

1. The definitions of "contracting party", "controlled-atmosphere fruit", "controlled-atmosphere storage plant", "dealer", "licence", "marker" and "motor vehicle" in section 1 of the Farm Products Grades and Sales Act are repealed.

2. (1) Subsection 2 (1) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 19, is further amended by striking out the portion before paragraph 1 and substituting the following:

(1) The Minister may make regulations,

. . . . .

(2) Paragraphs 8, 14, 15, paragraph 15.1 as enacted by the Statutes of Ontario, 1994, chapter 27, section 19, and paragraphs 17, 18, 19, 20, 21, 22, 23, 24 and 26 of subsection 2 (1) of the Act are repealed.

(3) Subsection 2 (1.1) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 19, is repealed.

3. The Act is amended by adding the following section:

Minister's fees

2.1 The Minister may establish and collect fees payable by an owner or custodian of a farm product for any service that the Minister or inspectors or graders provide with respect to the farm product.

4. Sections 10 to 18 of the Act are repealed.

5. Sections 19, 20, 21, 23 and 24 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 19, are repealed.

6. Section 25 of the Act is repealed and the following substituted:

Offence

25. Every person who contravenes a provision of this Act or the regulations is guilty of an offence.

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

SCHEDULE E

AMENDMENTS TO THE GAME AND FISH ACT

1. (1) The definition of "domestic animals and domestic birds" in section 1 of the Game and Fish Act is repealed and the following substituted:

"domestic animals and domestic birds" includes a farmed animal and a non-native species kept in captivity, except pheasants, but does not include native species otherwise kept in captivity or non-native species present in the wild state. ("animaux domestiques et oiseaux domestiques")

(2) Section 1 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 129, is further amended by adding the following definition:

"farmed animal" means an animal during the time that it is kept in captivity for the commercial purpose of propagation or the production of pelts, where the animal is a fisher, fox, lynx, marten, mink, raccoon or any other fur-bearing animal designated by the Minister. ("animal élevé")

2. (1) Clause 2 (1) (a) of the Act is repealed and the following substituted:

(a) to domestic animals and domestic birds, except dogs.

(2) Subsection 2 (2) of the Act is repealed.

3. Clause 67 (a) of the Act is repealed and the following substituted:

(a) the purpose of the transfer to premises where farmed animals are kept.

4. Subsection 69 (2) of the Act is repealed and the following substituted:

Same

(2) No person shall take or ship or attempt to take or ship to premises where farmed animals are kept any fur-bearing animal taken under section 67 without paying the royalty prescribed by the regulations.

5. Subsection 93 (1) of the Act is amended by adding the following paragraph:

0.1 designating a fur-bearing animal, other than a fisher, fox, lynx, marten, mink or raccoon, as a farmed animal for the purpose of this Act.

Commencement

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

SCHEDULE F

AMENDMENTS TO THE

GRAIN ELEVATOR STORAGE ACT

1. The title of the Grain Elevator Storage Act is repealed and the following substituted:

GRAINS ACT

2. (1) Section 1 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 23, is further amended by adding the following definitions:

"Agency" means the corporation or agency designated by the Minister of Agriculture, Food and Rural Affairs; ("Agence")

"dealer" means a person who purchases or accepts for sale grain from the producer, other than a person who purchases grain for the person's own consumption; ("marchand")

"grain" means barley, beans, corn, oats, oil seeds, wheat, mixed grains and any farm product designated in the regulations. ("grains")

(2) The definitions of "agreement to sell", "grain elevator", "grain storage receipt", "stored" and "weigh ticket" in section 1 of the Act are repealed and the following substituted:

"agreement to sell" means a written agreement, made between a grain elevator operator and an owner of grain, for the sale of grain that is stored or to be stored; ("contrat de vente")

"grain elevator" means a building, container, structure or receptacle in which grain is received for storage, but does not include,

(a) premises where a producer receives or stores grain as farm feed for the producer's own livestock or poultry,

(b) premises where a producer stores and sells grain actually produced by the producer, or

(c) premises where a terminal, transfer or processor grain elevator is licensed under any Act of the Parliament of Canada; ("élévateur à grains")

"grain storage receipt" means a receipt as prescribed by the regulations that is to be issued by a grain elevator operator or the operator's authorized representative to the owner of grain; ("récépissé d'entreposage de grains")

"stored", when used with respect to grain, means placed in a grain elevator upon terms that the ownership shall remain in the owner of the grain until such time as the owner has sold the grain and has received due compensation or has removed the grain from the elevator, and "storage" has a corresponding meaning; ("entreposé", "entreposage")

"weigh ticket" means a receipt as prescribed by the regulations that is to be issued by a grain elevator operator or the operator's employee to the owner of grain or the owner's agent. ("billet de pesée")

(3) The definitions of "farm produce" and "Minister" in section 1 of the Act are repealed.

3. Subsections 2 (1), (2) and (3) of the Act are repealed and the following substituted:

Inspectors

(1) The Agency may appoint a chief inspector and such other inspectors as it considers necessary to enforce this Act and the regulations.

Certificate of appointment

(2) A certificate of appointment as an inspector purporting to be signed by an officer of the Agency is admissible in evidence as proof, in the absence of evidence to the contrary, of the appointment without further proof of the signature and authority of the officer.

Powers of inspector

(3) Subject to subsections (4), (5), (6) and (7), an inspector may, for the purpose of carrying out duties under this Act and upon producing a certificate of the inspector's appointment,

(a) enter any land, premises or conveyance used by a person for the marketing, processing or storing of grain and inspect the land, premises, and conveyance, and any grain, equipment or documents located on or in them relating to grain;

(b) demand that the person produce a document mentioned in clause (a); and

4. Subsection 3 (1) of the Act is repealed and the following substituted:

Licences

(1) No person shall carry on business as a dealer unless the person holds a licence as a dealer issued by the chief inspector.

Same, grain elevator operator

(1.1) No person shall receive or offer to receive grain for storage at a grain elevator or operate a grain elevator unless the person holds a licence as a grain elevator operator issued by the chief inspector in respect of the grain elevator.

5. Section 4 of the Act is repealed.

6. (1) Subsection 5 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Issue of licence

(1) The chief inspector shall issue a licence to a person who makes an application in accordance with this Act and the regulations and pays the fee specified for the licence, except if,

. . . . .

(2) Clause 5 (1) (a) of the Act is repealed and the following substituted:

(a) the applicant or, if the applicant is a corporation, its officers or directors, is or are not competent to carry on the business to which the licence relates.

(3) Section 5 of the Act is amended by adding the following subsection:

Fees

(1.1) The Agency may establish and collect licence fees and penalties for late payment of licence fees.

7. Section 8 of the Act is amended by striking out the portion before clause (a) and substituting the following:

Report of change

8. Every holder of a licence as a grain elevator operator shall forthwith report in writing to the chief inspector where there has been a change,

. . . . .

8. Clause 9 (2) (c) of the Act is amended by striking out "grain elevator storage business" in the sixth line and substituting "business to which the licence relates".

9. Subsection 11 (1) of the Act is repealed and the following substituted:

Suspension or refusal to renew

(1) Despite section 10, the chief inspector may, without a hearing, provisionally suspend or refuse to renew a licence if in the chief inspector's opinion it is necessary to do so for the immediate protection of,

(a) the safety or health of any person;

(b) the interests of persons selling grain to the licensee or storing grain with the licensee; or

10. Subsection 15 (2) of the Act is amended by striking out "The Minister" in the first line and substituting "The Agency".

11. (1) Subsection 16 (1) of the Act is amended by striking out "farm produce" in the first line and substituting "grain".

(2) Subsections 16 (2) and (4) of the Act are repealed and the following substituted:

Title to grain

(2) Despite any other Act, the property in and the title to grain stored in a grain elevator remains at all times in the owner of the grain.

. . . . .

Entry by chief inspector

(4) Every person who has taken control of a grain elevator or the business operations of a grain elevator operator shall permit the chief inspector to enter the premises and ascertain the amount of grain that is stored on the premises.

Removal

(5) The chief inspector may authorize and direct the removal of any or all of the grain.

12. (1) Subsection 17 (1) of the Act is repealed and the following substituted:

Weigh ticket

(1) The owner of grain or the owner's agent who delivers grain to a grain elevator shall state whether the grain is for storage, is sold or is for any other specified use.

Marking use

(1.1) The grain elevator operator or the operator's employee shall issue to the owner or agent, as the case may be, a weigh ticket for every delivery and mark the use of the grain on the ticket.

(2) Subsection 17 (2) of the Act is amended by striking out "farm produce" in the third line and in the ninth and tenth lines and substituting "grain" in each case.

(3) Subsections 17 (3) and (4) of the Act are repealed and the following substituted:

Receipt prevails

(3) When issued, a grain storage receipt supersedes and replaces all weigh tickets issued in respect of the particular lot of grain described in the grain storage receipt.

One receipt only

(4) No person shall issue or receive more than one grain storage receipt in respect of the same lot of grain delivered.

(4) Subsection 17 (6) of the Act is amended by striking out "farm produce" in the fourth and fifth lines and substituting "grain".

13. Subsections 18 (2), (3) and (4) of the Act are repealed and the following substituted:

Title to grain

(2) The property in and title to grain that is in storage and is subject to an agreement to sell remains in the owner of the grain until the owner has received the price agreed upon by the owner and the grain elevator operator.

Payment

(3) If the owner of grain in storage has sold it to the grain elevator operator or through the grain elevator operator as the owner's agent to any other person, the grain elevator operator shall ensure that the owner receives payment as promptly and in such manner as is specified in the regulations.

Delayed price sale

(4) Despite anything in this Act, if the owner of grain in storage agrees to sell it through a basis or delayed price contract, payment to the owner by the grain elevator operator of the percentage of the market price that is prescribed by the regulations shall be deemed to be due compensation for the purposes of the definition of "stored" in section 1.

14. (1) Subsection 20 (1) of the Act is amended by striking out "farm produce" in the third and fourth lines and in the eighth line and substituting "grain" in each case.

(2) Subsection 20 (2) of the Act is amended by striking out "farm produce" in the fifth line and substituting "grain".

(3) Subsection 20 (3) of the Act is repealed and the following substituted:

Certificate of insurance

(3) Every grain elevator operator shall furnish to the chief inspector a certificate showing the insurance coverage mentioned in subsection (1) forthwith after the coverage comes into force.

(4) Subsection 20 (4) of the Act is amended by striking out "farm produce" in the third and fourth lines and substituting "grain".

(5) Subsection 20 (6) of the Act is amended by striking out "farm produce" in the fifth line and substituting "grain".

15. (1) Subsection 21 (1) of the Act is amended by striking out "farm produce" in the third line and substituting "grain".

(2) Subsection 21 (2) of the Act is repealed and the following substituted:

Storage in another elevator

(2) A grain elevator operator who contracts for storage facilities with another grain elevator operator licensed under this Act or any Act of the Parliament of Canada may store in the facilities grain received for storage at the operator's own elevator.

(3) Subsection 21 (3) of the Act is amended by striking out "farm produce stored" in the fifth line and substituting "grain stored".

(4) Subsection 21 (4) of the Act is repealed and the following substituted:

Storage on unlicensed premises

(4) With the written consent of the chief inspector, a grain elevator operator may store grain on unlicensed premises on the conditions that the chief inspector determines.

16. Section 22 of the Act is repealed and the following substituted:

Correspondence to receipts

22. Every grain elevator operator shall have at all times in the operator's grain elevator or in storage facilities arranged under subsection 21 (2) or (4) amounts of grain of each kind and grade that at least equal the total amounts of outstanding grain storage receipts and weigh tickets issued by the operator.

17. Section 24 of the Act is repealed and the following substituted:

No lien

24. Unless it is agreed in writing to the contrary, grain stored in a grain elevator is not subject to any lien, charge or set-off other than for charges related to the storage and handling of the grain, including storage charges, elevation charges, conditioning charges, transportation charges and advance payments respecting the grain.

18. Section 25 of the Act is repealed and the following substituted:

Non-application

25. The Warehouse Receipts Act and section 2 of the Factors Act do not apply to grain in the possession of a grain elevator operator for storage or to a document of title to the grain.

19. (1) Section 26 of the Act is amended by striking out "farm produce" in the third line and substituting "grain".

(2) Clauses 26 (e), (f), (g), (h), (i) and (j) of the Act are repealed and the following substituted:

(e) order the operation of a grain elevator to cease until the actual amount of grain in storage can be ascertained and, for such purpose, cause any storage bins to be sealed;

(f) seize the grain wherever it is located or such quantity of it as is necessary to protect the interests of the owners of the stored grain;

(g) remove the grain seized under clause (f) from a grain elevator and arrange for its storage in another licensed grain elevator;

(h) distribute the stored grain to the owners on a proportionate basis;

(i) sell the seized grain or a sufficient quantity of it to protect the interests of the grain owners and distribute the proceeds of the sale of the grain proportionately among the owners; and

(j) insure the grain with an insurer licensed under the Insurance Act as trustee for the grain owners.

(3) Section 26 of the Act is amended by adding the following subsection:

Receipt for stored grain

(2) Upon arranging for the storage of grain in another licensed grain elevator under clause (1) (g), the chief inspector shall obtain grain storage receipts from the operator of the grain elevator in the name of the owners of the grain.

20. (1) Subsection 28 (1) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 23, is further amended by striking out the portion before clause (a) and substituting the following:

(1) Subject to the approval of the Minister of Agriculture, Food and Rural Affairs, the Agency may make regulations,

. . . . .

(2) Subsection 28 (1) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 23, is further amended by adding the following clauses:

(a.01) designating any farm product as grain for the purpose of this Act;

(a.02) prescribing the powers of inspectors.

(3) Clause 28 (1) (a) of the Act is amended by striking out "and the fees payable therefor" in the third line.

(4) Clause 28 (1) (b.1) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 23, is repealed.

(5) Subsection 28 (1) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 23, is further amended by adding the following clauses:

(c) requiring dealers or any class of dealers to furnish security or proof of financial responsibility to the chief inspector and providing for the forfeiture and disposition of security that is furnished;

(c.1) requiring dealers or operators of grain elevators or any class of them to keep the books and records, to make the reports or to furnish the information specified in the regulations.

(6) Clauses 28 (1) (i), (j) and (k) of the Act are repealed and the following substituted:

(j) prescribing services or acts that the chief inspector may perform at any time to protect grain or deal with the proceeds from the sale of grain delivered for storage to a grain elevator;

(k) prescribing the time and manner in which payment shall be made for grain sold.

(7) Clauses 28 (1) (m) of the Act is repealed and the following substituted:

(m) exempting any person, class of person, grain or class of grain from any provision of this Act or the regulations.

(8) Subsection 28 (2) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 23, is repealed.

Commencement

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

SCHEDULE G

AMENDMENTS TO THE LIVESTOCK BRANDING ACT

1. The title of the Livestock Branding Act is repealed and the following substituted:

LIVESTOCK IDENTIFICATION ACT

2. (1) Section 1 of the Act is amended by adding the following definition:

"Association" means the Ontario Cattlemen's Association. ("Association")

(2) The definition of "livestock" in section 1 of the Act is amended by adding at the end "made under this Act".

(3) The definitions of "Ministry" and "regulations" in section 1 of the Act are repealed.

3. The Act is amended by adding the following section:

Administration

1.1 (1) The Association is responsible for the administration and enforcement of this Act.

Fees

(2) The Association may establish and collect fees related to the exercise of its powers or the carrying out of its duties under this Act.

4. (1) Subsections 2 (1) and (2) of the Act are repealed and the following substituted:

Branding of livestock

(1) No person shall brand livestock except with a brand allotted by the Association and to which the person is entitled under this Act.

Recording brand

(2) The Association shall record every brand that it allots.

(2) Subsection 2 (4) of the Act is repealed and the following substituted:

Transfer of brand

(4) An owner of a brand may transfer the ownership of it to any person upon applying to the Association and complying with the requirements specified by the Association for making the transfer.

5. Subsection 4 (1) of the Act is amended by striking out "Ministry" in the second line and substituting "Association".

6. Section 4.1 of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 25, is repealed.

7. Section 5 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 25, is repealed and the following substituted:

Record of all brands

5. The Association shall be the recorder of brands and shall receive applications, keep a record of all brands allotted and make transfers and cancellations in accordance with this Act.

8. Section 6 of the Act is repealed.

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

Regulations

7. The Minister may make regulations prescribing additional classes of animals as livestock for the purpose of this Act.

10. (1) Section 8 of the Act is amended by striking out the portion before clause (a) and substituting the following:

8. A person is guilty of an offence if the person,

. . . . .

(2) Clause 8 (a) of the Act is repealed and the following substituted:

(a) improperly and wrongfully brands or causes to be branded any livestock with a brand that has been recorded as required by this Act and that has not been cancelled under this Act; or

(3) Section 8 of the Act is amended by striking out the portion after clause (d).

Commencement

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

SCHEDULE H

AMENDMENTS TO THE MILK ACT

1. Section 6.1 of the Milk Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 30, is repealed and the following substituted:

Regulations

6.1 Subject to the Minister's approval, the Commission may make regulations,

(a) amending plans for the control and regulation of the producing or marketing within Ontario, or any part of Ontario, of milk, cream or cheese, or any combination of them;

(b) constituting marketing boards to administer the plans mentioned in clause (a) or amending the constitution of the marketing boards.

2. (1) Paragraph 41 of subsection 7 (1) of the Act is repealed and the following substituted:

41. authorizing a marketing board to conduct a pool or pools for the distribution to producers of money received from the sale of the regulated product, as adjusted under subsection (5.1), so that each producer receives a share of the money in relation to the amount, content and grade of the regulated product supplied by the producer and the amount and type of quota held by the producer.

(2) Section 7 of the Act, as amended by the Statutes of Ontario, 1991, chapter 53, section 2 and 1994, chapter 27, section 30, is further amended by adding the following subsection:

Adjustments to pool

(5.1) A marketing board conducting a pool under paragraph 41 of subsection (1) may add to the pool money received under an agreement made under section 28 and may deduct from the pool all proper expenses related to the pool, including money paid out under the agreement.

3. (1) Subsection 19 (1) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 30, is further amended by striking out the portion before paragraph 1 and substituting the following:

(1) The Commission may make regulations,

. . . . .

(2) Subsection 19 (3) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 27, section 30, is amended by striking out "Lieutenant Governor in Council" in the third and fourth lines and substituting "Commission".

4. Section 28 of the Act and the heading preceding it are repealed and the following substituted:

Agreements with other governments

28. (1) The Minister, the Commission or a marketing board may make agreements for the co-ordinated marketing of milk or milk products with one or more of the Government of Canada, the Canadian Dairy Commission, the government of any province of Canada and any of its agencies or commodity boards.

Contents of agreements

(2) The agreements may provide for the pooling of revenue and may authorize the Commission or marketing board to perform, on behalf of the Government of Canada or the Canadian Dairy Commission, any function relating to interprovincial or export trade in a regulated product in respect of which the Commission or marketing board, as the case may be, may exercise powers in intraprovincial trade.

Levies for agency

29. (1) In this section,

"promotion-research agency" means a promotion-research agency established under the Farm Products Agencies Act (Canada).

Commission's recommendation

(2) If the Commission is of the opinion that a majority of the producers in Ontario of a milk product are in favour of a levy or charge to support a promotion-research agency, the Commission may recommend to the Minister that the levy or charge be established.

Levy on a milk product

(3) The Minister may, by regulation, grant to a promotion-research agency the authority, in relation to the marketing of the milk product in Ontario,

(a) to fix, impose and collect levies or charges from producers of the milk product; and

(b) to use the levies or charges for the purpose of the agency.

Levy on regulated product

(4) The Minister may, by regulation, grant to the Canadian Dairy Commission or a promotion-research agency the authority, in relation to the marketing of a regulated product in Ontario,

(a) to fix, impose and collect levies or charges from producers of the regulated product; and

(b) to use the levies or charges for the purpose of the Canadian Dairy Commission or the agency, as the case may be.

Contents of regulation

(5) A regulation made under this section may,

(a) specify conditions relating to the granting of the authority described in the regulation, including limits on the amount of the levies and charges that may be imposed under the authority;

(b) require that a person who receives a milk product shall deduct from the money payable for the milk product the levies or charges that are payable and shall forward them to the Canadian Dairy Commission or the promotion-research agency, as the case may be, to whom they are payable or to the agent of the body to whom they are payable; and

Commencement

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

SCHEDULE I

AMENDMENTS TO THE PLANT DISEASES ACT

1. (1) The definitions of "dealer in nursery stock", "licence" and "nursery" in section 1 of the Plant Diseases Act are repealed.

(2) The definition of "inspector" in section 1 of the Act is repealed and the following substituted:

"inspector" means an inspector appointed under this Act. ("inspecteur")

(3) The definition of "Tribunal" in section 1 of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 34, is repealed.

2. Sections 2 and 3 of the Act are repealed and the following substituted:

No dealing with diseased plants

2. No person shall transport, ship, sell, offer for sale or have in the person's possession for sale any plant having a plant disease.

3. Sections 5 to 8 of the Act are repealed.

4. Sections 9, 10 and 11 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 34, and section 12 of the Act are repealed.

5. Subsection 13 (1) of the Act is repealed and the following substituted:

Power of entry

(1) Subject to subsection (2), an inspector may, between sunrise and sunset, for the purpose of inspecting for plant diseases,

(a) enter any land, premises, vehicle or vessel in or on which the inspector has reason to believe there are plants or anything relating to plants;

(b) inspect the land, premises, vehicle, vessel or any plants located in or on them; or

6. Section 16, and section 17 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 34, are repealed and the following substituted:

Offences

16. Every person who contravenes any provision of this Act or the regulations or any order of an inspector or the Provincial Entomologist is guilty of an offence.

Regulations

17. The Minister may make regulations,

(a) designating plant diseases for the purpose of this Act;

(b) providing for the establishment of plant disease control areas;

(c) providing for the control or eradication of any plant disease in any plant disease control area or in any other area;

(d) specifying the duties and obligations of persons owning or occupying land or premises in any area mentioned in clause (c).

Commencement

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

SCHEDULE J

REPEAL OF VARIOUS ACTS

Repeals

1. (1) The following are repealed:

1. The Abandoned Orchards Act.

2. Section 1 of the Statute Law Amendment Act (Government Management and Services), 1994.

Same

(2) The following are repealed:

1. The Agricultural Rehabilitation and Development Act (Ontario).

2. Section 3 of the Statute Law Amendment Act (Government Management and Services), 1994.

Same

(3) The Farm Income Stabilization Act is repealed.

Same

(4) The following are repealed:

1. The Fur Farms Act.

2. Section 22 of the Statute Law Amendment Act (Government Management and Services), 1994.

Same

(5) The Junior Farmer Establishment Act is repealed.

Same

(6) The Non-resident Agricultural Land Interests Registration Act is repealed.

Same

(7) The following are repealed:

1. The Oleomargarine Act.

2. Section 32 of the Statute Law Amendment Act (Government Management and Services), 1994.

Same

(8) The following are repealed:

1. The Riding Horse Establishments Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule.

2. Section 36 of the Statute Law Amendment Act (Government Management and Services), 1994.

Commencement

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