[37] Bill 20 Original (PDF)
Bill 20
Bill 201999
An Act to ensure that food banks account for donations
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Definitions
1. In this Act, "
food bank" means an agency that receives donations of food and distributes the food for free directly to people in need; ("banque d'alimentation") "
Minister" means the member of the Executive Council to whom the administration of this Act is assigned by the Lieutenant Governor in Council; ("ministre") "
Ministry" means the Ministry of the Minister; ("ministre") "
prescribed" means prescribed by the regulations made under this Act. ("prescrit")
Application
2. Sections 3 and 5 do not apply to a food bank,
(a)that in any 30-day period distributes food whose retail value is less than $10,000; or
(b)that does not distribute food more than a week at a time and more than four times per year.
Charitable corporations
3. No person shall operate a food bank unless it has objects of a charitable nature and unless it is,
(a)a corporation without share capital to which Part III of the Corporations Act applies; or
(b)a corporation incorporated under a general or special Act of the Parliament of Canada.
Charitable objects
4. A food bank shall use all donations it receives for the food bank's charitable objects.
Records
5. (1)A food bank shall maintain financial records and records accounting for inventory,
(a)in accordance with generally accepted accounting principles; and
(b)in accordance with prescribed standards, if any.
Inventory
(2)A record required under subsection (1) shall account for the receipt and disposition of all donations of money, food and other things.
Reports
(3)Subject to subsection (4), a food bank shall make the records under subsection (1) available for inspection by the public at all reasonable times.
Recipient information
(4)A food bank shall keep confidential the name and other identifying information of everyone who receives a donation from the food bank in accordance with the food bank's charitable objects.
Inspection
6. (1)The Minister shall appoint one or more inspectors for the purposes of this Act.
Inspector's powers
(2)For the purpose of determining whether there is compliance with this Act, an inspector,
(a)may at all reasonable times enter and inspect a food bank; and
(b)may, if he or she has reasonable grounds to believe that records or other things pertaining to a food bank are kept in a place that is not in the food bank, enter the place at all reasonable times in order to inspect such records and other things.
Dwellings
(3)No inspector shall enter a dwelling that is not in a food bank, except with the consent of the occupier of the place or under the authority of a warrant issued under section 7.
Powers on inspection
(4)An inspector conducting an inspection under this section,
(a)may inspect the premises and the operations on the premises;
(b)may inspect a record or other thing relevant to the inspection;
(c)may demand the production for inspection of records or other things relevant to the inspection, including records or other things that are not kept on the premises of the food bank;
(d)may question a person on matters relevant to the inspection, subject to the person's right to have counsel or some other representative present during the questioning;
(e)may conduct such examinations or tests as are reasonably necessary for the inspection;
(f)may, for the purpose of carrying out the inspection, use data storage, processing or retrieval devices or systems on the premises in order to produce a record in readable form; and
(g)may call upon experts for such assistance in carrying out the inspection as the inspector considers necessary.
Obstruction
(5)No person shall hinder, obstruct or interfere with an inspector conducting an inspection under this section or otherwise impede an inspector in carrying out his or her duties under this Act.
Inspection report
(6)Upon completing an inspection under this section, an inspector shall prepare an inspection report and shall give a copy of the report to the food bank.
Warrant
7. (1)A justice of the peace may issue a warrant authorizing an inspector named in the warrant to enter premises specified in the warrant and to exercise any of the powers mentioned in subsection 6 (4), if the justice of the peace is satisfied on information under oath that,
(a)the inspector has been prevented from exercising a right of entry to the premises under subsection 6 (2) or has been prevented from exercising a power under subsection 6 (4);
(b)there are reasonable grounds to believe that the inspector will be prevented from exercising a right of entry to the premises under subsection 6 (2) or will be prevented from exercising a power under subsection 6 (4); or
(c)the inspector wishes to inspect a dwelling that is not in a food bank and there are reasonable grounds to believe that there is in the dwelling,
(i)anything in respect of which an offence has been or is suspected to have been committed under this Act, or
(ii)anything that there are reasonable grounds to believe will afford evidence as to the commission of an offence under this Act.
Expiry of warrant
(2)A warrant issued under this section shall name a date on which it expires, which date shall not be later than 30 days after the warrant is issued.
Extension of time
(3)A justice of the peace may extend the date on which a warrant issued under this section expires for an additional period of no more than 30 days, upon application without notice by the inspector named in the warrant.
Use of force
(4)An inspector named in a warrant issued under this section may use whatever force is necessary to execute the warrant and may call upon a police officer for assistance in executing the warrant.
Time of execution
(5)A warrant issued under this section may be executed only between 8 a.m. and 8 p.m., unless the warrant specifies otherwise.
Owners and operators
8. Where this Act or the regulations made under this Act imposes a requirement on a food bank, the owners and operators of that food bank shall ensure that the requirement is fulfilled.
Offence
9. A person who contravenes this Act is guilty of an offence and on conviction is liable,
(a)in the case of a corporation, to a fine of not more than $25,000; and
(b)in the case of an individual, to a fine of not more than $5,000, or to imprisonment for a term of not more than one year, or to both.
Commencement
10.This Act comes into force on the day it receives Royal Assent.
Short title
11.The short title of this Act is the Food Bank Accountability Act, 1999.
EXPLANATORY NOTE
The Bill creates the Food Bank Accountability Act, 1999. The Act requires food banks to be corporations without share capital with objects of a charitable nature. A food bank must use all donations that it receives for its charitable objects. The Act requires food banks to maintain records that account for all donations of money, food and other things. Food banks must make these records available to the public. Certain requirements under the Act do not apply to food banks that in any 30-day period distribute food worth less than $10,000 or to food banks who distribute food less than five times per year.