Consultation on proposed Minister's Regulation under the Security from Trespass and Protecting Food Safety Act, 2020.
O. Reg. 701/20
Regulation - Minister
Bill or Act:
Security from Trespass and Protecting Food Safety Act, 2020
Summary of Decision:
On Friday December 4, it was announced that the Security from Trespass and Protecting Food Safety Act would come into effect on December 5, 2020. This legislation recognizes the unique risks that can result when individuals trespass onto farms and agri-food processing facilities or when they interfere with the transportation of livestock. Section 23 of the Act allows the Minister of Agriculture, Food and Rural Affairs to make regulations required for administration or enforcement of the Act. The Ministry has developed Ontario Regulation 701/20 General, under the Security from Trespass and Protecting Food Safety Act. The Minister's Regulation includes provisions that:
Define what constitutes harms, hazards and biosecurity measures;
- Define an animal processing facility;
- Define animal protection zones and prescribes additional areas considered to be animal protection zones;
- Identify the process and requirements to establish additional animal protection zones on farms and processing facilities, including the use of signage;
- Define a farm and farm animals;
- Identify the actions and activities that are considered to be interactions and interferences with farm animals;
- Provide details about the circumstances or reasons under which consent would be invalidated by virtue of having been obtained under false pretences or duress;
- Provide details regarding the limited exceptions to obtaining consent under false pretences, including exceptions for journalists and whistleblowers;
- Identify further exemptions to sections 5 and 6 of the Act (the prohibition on entering an animal protection zone on a farm without prior consent);
- Require an owner or occupier have reasonable and probable grounds to undertake a citizen's arrest;
- Identify the 'aggravating factors' that a court may take into consideration upon conviction that would increase the gravity of an offence.
The Minister's Regulation came into effect on December 5, 2020.
Analysis of Regulatory Impact:
August 31, 2020
Summary of Proposal:
Section 23 of the Act allows the Minister of Agriculture, Food and Rural Affairs [the "Minister"] to make regulations required for administration or enforcement of the Act. The Ministry is proposing a regulation that would clearly define the scope of various affected or prescribed activities, terms, and areas to ensure the Act is clear and easily interpreted to fulfil its intended purposes.
A discussion paper, providing a broad overview of each item in the proposed Minister's Regulation and questions to solicit feedback, has been included with this posting. Please review the discussion paper for a fulsome summary of the proposal.
1 Stone Road West Guelph
December 5, 2020