Compliance Modernization - Proposed Amendments to Regulation 950 to expand the ability to issue tickets
Regulation Number(s):
Regulation 950 - Proceedings Commenced By Certificate of Offence
Instrument Type:
Act
Bill or Act:
Provincial Offences Act
Summary of Proposal:
OMAFA is seeking feedback on its proposal to amend Regulation 950 under the POA to expand its ability to issue tickets for a targeted number of recurring offences in current legislation where ticketing has the greatest potential to achieve compliance in the most efficient way possible (See Proposed List of Provisions in attached document).
This initiative will improve the current risk-based regulatory enforcement approach and ensure that all actors and businesses in the agri-food sector and rural communities comply with food safety, animal health, consumer protection, and environmental legislation in the most efficient way possible to achieve compliance.
oOMAFA employs a progressive compliance approach to enforce legislation that protects public health (e.g., food safety), animal health and consumers, and supports the agri-food and rural economy. This approach generally starts with education, then can move to warnings and compliance orders before moving to licence suspension or prosecution.
oCurrently, there is a gap in the ministry's progressive compliance approach: there are recurring offences in areas of food safety, the environment, animal health, and consumer protection for which there is the absence of a proportionate compliance tool. This gap can potentially be addressed with the ability to issue a ticket. Tickets are stronger than education and warnings but less severe than suspensions or prosecutions.
oExpanding the ability to issue tickets for recurring offenses would reduce the burden on municipalities by decreasing the demand for court services. The ability to issue a ticket can also reduce the costs for the regulated party that committed the offense because the potential penalties from a Part III Summons (going to court) are generally higher.
oNo changes to OMAFA legislation would be required.
Education and awareness will remain key compliance tools when working with the industry, and tickets will be an additional option when stronger progressive compliance action is required. The ability to issue tickets would be limited to a few specially trained OMAFA staff who will continue working closely with sectors to set clear expectations and outcomes in meeting food safety, animal welfare, and other consumer protection requirements.
The Ministry's proposed range of fines for the offences will be based on the range of existing fines for similar offences in Ontario legislation administered by OMAFA (e.g., FSQA) and other Ministries. However, the Chief Justice of Ontario ultimately determines the final range of fines.
If approved, prior to the date that the ability to issue tickets comes into effect, the Ministry will provide communications to all areas of the sector who could be potentially impacted.
This initiative will improve the current risk-based regulatory enforcement approach and ensure that all actors and businesses in the agri-food sector and rural communities comply with food safety, animal health, consumer protection, and environmental legislation in the most efficient way possible to achieve compliance.
oOMAFA employs a progressive compliance approach to enforce legislation that protects public health (e.g., food safety), animal health and consumers, and supports the agri-food and rural economy. This approach generally starts with education, then can move to warnings and compliance orders before moving to licence suspension or prosecution.
oCurrently, there is a gap in the ministry's progressive compliance approach: there are recurring offences in areas of food safety, the environment, animal health, and consumer protection for which there is the absence of a proportionate compliance tool. This gap can potentially be addressed with the ability to issue a ticket. Tickets are stronger than education and warnings but less severe than suspensions or prosecutions.
oExpanding the ability to issue tickets for recurring offenses would reduce the burden on municipalities by decreasing the demand for court services. The ability to issue a ticket can also reduce the costs for the regulated party that committed the offense because the potential penalties from a Part III Summons (going to court) are generally higher.
oNo changes to OMAFA legislation would be required.
Education and awareness will remain key compliance tools when working with the industry, and tickets will be an additional option when stronger progressive compliance action is required. The ability to issue tickets would be limited to a few specially trained OMAFA staff who will continue working closely with sectors to set clear expectations and outcomes in meeting food safety, animal welfare, and other consumer protection requirements.
The Ministry's proposed range of fines for the offences will be based on the range of existing fines for similar offences in Ontario legislation administered by OMAFA (e.g., FSQA) and other Ministries. However, the Chief Justice of Ontario ultimately determines the final range of fines.
If approved, prior to the date that the ability to issue tickets comes into effect, the Ministry will provide communications to all areas of the sector who could be potentially impacted.
Analysis of Regulatory Impact:
The only fiscal impact would be for businesses issued a ticket for non-compliance with the identified offences.
It may reduce the costs for the regulated party that committed the offense because the potential penalties from a Part III Summons (going to court) are generally higher.
As the burden of issuing tickets rests solely with Compliance and Advisory officers from OMAFA, the proposed regulatory change only impacts staff within the government, which is not a regulated entity under the Modernizing Ontario for People and Businesses Act, 2020 (MOPBA), and is thus out of scope of the requirement to complete a Regulatory Impact Analysis.
It may reduce the costs for the regulated party that committed the offense because the potential penalties from a Part III Summons (going to court) are generally higher.
As the burden of issuing tickets rests solely with Compliance and Advisory officers from OMAFA, the proposed regulatory change only impacts staff within the government, which is not a regulated entity under the Modernizing Ontario for People and Businesses Act, 2020 (MOPBA), and is thus out of scope of the requirement to complete a Regulatory Impact Analysis.
Further Information:
Regulation 950 Proceedings Commenced by Certificate of Offence
Proposed List of Provisions (Download Adobe Reader)Proposal Number:
24-OMAFRA017
Posting Date:
October 29, 2024
Comments Due Date:
December 13, 2024
Contact Address:
Food Safety and Environmental Policy Branch
1 Stone Road West, 2nd Floor
Guelph ON
N1G 4Y2
1 Stone Road West, 2nd Floor
Guelph ON
N1G 4Y2
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