Regulation - LGIC

Replacing Regulation 872: Conduct of Business of the Ontario Food Terminal Act

Regulation Number(s):
Reg 872
O. Reg. 147/22
O. Reg. 148/22
Regulation 949
Regulation 950
Instrument Type:
Regulation - LGIC
Bill or Act:
Ontario Food Terminal Act
Summary of Decision:
The Food Terminal Board has made a new regulation (O. Reg. 147/22) using its authority in section 12 of the Ontario Food Terminal Act (OFTA) and a new rule (O. Reg 148/22) using its authority section 13 to replace Regulation 872 of the OFTA. The new regulation and rule have modernized the provisions previously contained in Regulation 872 to improve the operations of the Ontario Food Terminal. The new regulation and rule were approved by Lieutenant Governor in Council and the Minister of Agriculture, Food and Rural Affairs, respectively.

As the new regulation provides authority to the Terminal manager to develop protocols with respect to the prevention of the transmission of a communicable disease at the Terminal, O. Reg. 269/20 and O. Reg. 275/20 under the OFTA, authorizing protocols specific to COVID-19 have been repealed.

In order to provide authority to issue tickets for offences under the new rule, amendments were also made to Regulation 950 and Regulation 949 under the Provincial Offences Act. These regulations repealed existing schedules under those regulations which related to Regulation 872 and replaced them with schedules which relate to the new rule.

Together all of these changes, when proclaimed, would improve the day-to-day operations at the Terminal by making it easier to protect health and safety at the Terminal, strengthen the food supply chain by expanding the scope of products that can be sold, and better plan for future projects to maintain the Terminal's long-term viability in its current location.
Analysis of Regulatory Impact:
There will be no additional costs to business as a result of this change.
Further Information:
Proposal Number:
21-OMAFRA015
Posting Date:
September 21, 2021
Summary of Proposal:
The Ontario Food Terminal Board (Board) is proposing to replace Regulation 872 of the Ontario Food Terminal Act (OFTA) with two new regulations to support improvements in the governance and operations of the Ontario Food Terminal (Terminal), including allowing the General Manager to create protocols related to health and safety at the Terminal. The new regulations will align with modern regulatory principles, be more Open for Business and better serve the needs of the Terminal, its tenants and its customers.
In addition, amendments were made to the OFTA as part of the Main Street Recovery Act, 2020. These amendments included expanding the definition of what can be sold at the Terminal (not yet proclaimed). Regulation 872 contains references to the outdated definition. The two replacement regulations will be consistent with the amendments to the OFTA.

To support coherence in its use of regulation-making authority, Board is proposing to replace Regulation 872 with two new regulations as per the authorities in section 12 and 13 of the Ontario Food Terminal Act respectively.

The Terminal, located in the City of Toronto, is Canada's largest wholesale fruit and produce market. It is an agency of the Ontario government and managed by the Board and governed by the OFTA. The Terminal is a critical infrastructure component and key economic driver of the Ontario agri-food sector utilized by farmers and other participants in the buying and selling of produce.
Contact Address:
1 Stone Road, Guelph, ON.
Effective Date:
April 1, 2022
Decision:
Approved