Agricultural Research Institute of Ontario Act, R.S.O. 1990, c. A.13

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Agricultural Research Institute of Ontario Act

Note: On a day to be named by proclamation of the Lieutenant Governor, the title of the Act is repealed and the following substituted: (See: 2024, c. 8, s. 1)

Agricultural Research And Innovation Ontario Act

R.S.O. 1990, Chapter A.13

Consolidation Period: From April 25, 2024 to the e-Laws currency date.

Last amendment: 2024, c. 8.

Legislative History: 1994, c. 27, s. 5; 1996, c. 17, Sched. B, s. 21 (But see 1996, c. 17, Sched. B, s. 22 (2)); 2004, c. 17, s. 32; 2009, c. 33, Sched. 1, s. 3; 2017, c. 20, Sched. 7, s. 76; 2017, c. 20, Sched. 8, s. 62; 2017, c. 34, Sched. 46, s. 3; 2024, c. 8.

CONTENTS

 

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following heading immediately before section 1: (See: 2024, c. 8, s. 2 (1))

Interpretation

Definitions

1 In this Act,

“agricultural lands” means those lands described in the regulations made under this Act; (“terres agricoles”)

“Director of Research” means the administrator of the Agricultural Research Institute of Ontario; (“directeur de la recherche”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “Director of Research” in section 1 of the Act is repealed. (See: 2024, c. 8, s. 2 (2))

“Minister” means the Minister of Agriculture, Food and Rural Affairs; (“ministre”)

“research” means research carried out and services provided in respect of agriculture, veterinary medicine and household science; (“recherche”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “research” in section 1 of the Act is repealed and the following substituted: (See: 2024, c. 8, s. 2 (4))

“research” means a systematic investigation designed to develop or establish principles, facts or generalizable knowledge, or any combination of them, and includes the development, testing and evaluation of research; (“recherche”)

“Research Institute” means the Agricultural Research Institute of Ontario. (“Institut de recherche”)  R.S.O. 1990, c. A.13, s. 1; 1994, c. 27, s. 5 (1); 2009, c. 33, Sched. 1, s. 3 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “Research Institute” in section 1 of the Act is repealed. (See: 2024, c. 8, s. 2 (5))

Note: On a day to be named by proclamation of the Lieutenant Governor, section 1 of the Act is amended by adding the following definitions: (See: 2024, c. 8, s. 2 (3))

“board of directors” means the board of directors of the Corporation; (“conseil d’administration”)

“Corporation” means Agricultural Research and Innovation Ontario continued under section 2; (“société”)

“innovation” means new and emerging research, technology and processes or other products or services; (“innovation”)

“knowledge translation and transfer” means transformation of knowledge into use through synthesis, exchange, dissemination, dialogue, collaboration and brokering among researchers and research users; (“application et transfert des connaissances”)

“Managing Director” means the administrator of the Corporation appointed under section 9; (“directeur général”)

Section Amendments with date in force (d/m/y)

1994, c. 27, s. 5 (1) - 09/12/1994

2009, c. 33, Sched. 1, s. 3 (1) - 15/12/2009

2024, c. 8, s. 2 (1-5) - not in force

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following heading immediately before section 2: (See: 2024, c. 8, s. 3 (1))

Corporate Matters

Agricultural Research Institute of Ontario continued

2 (1) The Agricultural Research Institute of Ontario, a body corporate without share capital responsible to the Minister, is continued under the name Agricultural Research Institute of Ontario in English and Institut de recherche agricole de l’Ontario in French.  R.S.O. 1990, c. A.13, s. 2 (1); 2017, c. 20, Sched. 8, s. 62 (1).

Non-application of Not-for-Profit Corporations Act, 2010

(1.1) The Not-for-Profit Corporations Act, 2010 does not apply to the Research Institute. 2017, c. 20, Sched. 8, s. 62 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsections 2 (1) and (1.1) of the Act are repealed and the following substituted: (See: 2024, c. 8, s. 3 (2))

Corporation continued

(1) The Agricultural Research Institute of Ontario, a body corporate without share capital responsible to the Minister, is continued under the name Agricultural Research and Innovation Ontario in English and Recherche et innovation agricoles Ontario in French. 2024, c. 8, s. 3 (2).

Members

(1.1) The Corporation is composed of the members of its board of directors. 2024, c. 8, s. 3 (2).

Crown agent

(1.2) The Corporation is an agent of the Crown. 2024, c. 8, s. 3 (2).

Application of certain Acts

(1.3) The Not-for-Profit Corporations Act, 2010 and the Corporations Information Act do not apply to the Corporation, except as specifically made applicable by this Act or the regulations. 2024, c. 8, s. 3 (2).

Standard of care, indemnification

(1.4) Subsection 43 (1) and section 46 of the Not-for-Profit Corporations Act, 2010 apply to the Corporation and its directors and officers. 2024, c. 8, s. 3 (2).

Composition of Research Institute

(2) The Research Institute shall consist of not more than fifteen members appointed by the Minister.  R.S.O. 1990, c. A.13, s. 2 (2); 1994, c. 27, s. 5 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 2 (2) of the Act is repealed and the following substituted: (See: 2024, c. 8, s. 3 (3))

Composition

(2) The board of directors shall be composed of at least seven and no more than 15 members appointed by the Minister. 2024, c. 8, s. 3 (3).

Chair, vice-chair

(3) The Minister shall appoint from the persons appointed under subsection (2) a chair and a vice-chair of the Research Institute.  R.S.O. 1990, c. A.13, s. 2 (3); 1994, c. 27, s. 5 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 2 (3) of the Act is amended by striking out “Research Institute” wherever it appears and substituting in each case “Corporation”. (See: 2024, c. 8, s. 3 (4))

Term of appointment

(4) An appointment under subsection (2) shall be for a term of not more than three years but any person is eligible for reappointment. R.S.O. 1990, c. A.13, s. 2 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 2 (4) of the Act is amended by striking out “Research Institute” wherever it appears and substituting in each case “Corporation”. (See: 2024, c. 8, s. 3 (4))

Expiration of term

(5) When the term of a member of the Research Institute expires, he or she continues to be a member until a successor is appointed. R.S.O. 1990, c. A.13, s. 2 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 2 (5) of the Act is amended by striking out “Research Institute” wherever it appears and substituting in each case “Corporation”. (See: 2024, c. 8, s. 3 (4))

Quorum

(6) A majority of the members of the Research Institute constitutes a quorum. R.S.O. 1990, c. A.13, s. 2 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 2 (6) of the Act is amended by striking out “Research Institute” wherever it appears and substituting in each case “Corporation”. (See: 2024, c. 8, s. 3 (4))

Absence of chair

(7) The vice-chair shall, in the absence or disability of the chair, possess and exercise the powers and duties of the chair. R.S.O. 1990, c. A.13, s. 2 (7).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 2 (7) of the Act is repealed and the following substituted: (See: 2024, c. 8, s. 3 (5))

Acting chair

(7) If the chair is absent or unable to act or if the office of chair is vacant, the vice chair shall act as chair. 2024, c. 8, s. 3 (5).

Remuneration

(8) The members of the Research Institute shall receive such remuneration and expenses as the Lieutenant Governor in Council determines. R.S.O. 1990, c. A.13, s. 2 (8).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 2 (8) of the Act is amended by striking out “Research Institute” and substituting “Corporation”. (See: 2024, c. 8, s. 3 (6))

Section Amendments with date in force (d/m/y)

1994, c. 27, s. 5 (2, 3) - 09/12/1994

2017, c. 20, Sched. 7, s. 76 (1) - 14/11/2017; 2017, c. 20, Sched. 7, s. 76 (2) - 19/10/2021; 2017, c. 20, Sched. 8, s. 62 (1, 2) - 19/10/2021

2024, c. 8, s. 3 (1-6) - not in force

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2024, c. 8, s. 4)

By-laws

2.1 (1) Subject to the approval of the Minister, the board of directors may make by-laws governing the management of the Corporation’s affairs. 2024, c. 8, s. 4.

Committees

(2) The board of directors may, by by-law, establish committees of the board. 2024, c. 8, s. 4.

Same

(3) A by-law establishing a committee shall provide for the committee’s composition, functions and operation, and may provide that persons who are not members of the board of directors may serve on the committee. 2024, c. 8, s. 4.

Delegation

(4) The Corporation may delegate duties to a committee that is composed entirely of members of the board of directors. 2024, c. 8, s. 4.

Section Amendments with date in force (d/m/y)

2024, c. 8, s. 4 - not in force

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2024, c. 8, s. 4)

Financial by-laws

2.2 (1) A by-law of the Corporation with respect to borrowing, temporary investing or managing financial risks does not take effect until it is approved in writing by the Minister and the Minister of Finance. 2024, c. 8, s. 4.

Co-ordination of financing activities

(2) All borrowing, temporary investment of funds and financial risk management activities of the Corporation shall be co-ordinated and arranged by the Ontario Financing Authority, unless the Minister of Finance, in writing, approves otherwise. 2024, c. 8, s. 4.

By-laws re borrowing, contents

(3) A by-law with respect to borrowing by the Corporation shall not be approved unless the by-law includes the following information:

1.  The maximum principal amount of borrowing that may be outstanding at any time under the authority of the by-law.

2.  The period, not to exceed five years, during which the Corporation may borrow under the authority of the by-law.

3.  The date after which no debts are permitted to remain unpaid under the authority of the by-law.

4.  Such other terms and conditions as the Minister of Finance may specify. 2024, c. 8, s. 4.

Section Amendments with date in force (d/m/y)

2024, c. 8, s. 4 - not in force

Duties of Research Institute

3 The duties and responsibilities of the Research Institute are,

(a)  to make rules governing its procedures;

(b)  to appoint an executive committee and such other committees as it considers advisable and to delegate to any such committee any of its duties and responsibilities;

(c)  to inquire into programs of research in respect of agriculture, veterinary medicine and household science;

(d)  to select and recommend areas of research for the betterment of agriculture, veterinary medicine and household science;

(e)  to stimulate interest in research as a means of developing in Ontario a high degree of efficiency in the production and marketing of agricultural products; and

(f)  at the request of the Director of Research,

(i)  to enter into agreements, covenants and easements with owners of real property or interests therein, or assign such agreements, covenants and easements, for the conservation, protection or preservation of agricultural lands, and

(ii)  to exercise any of its powers under subsection 4 (3).  R.S.O. 1990, c. A.13, s. 3; 1994, c. 27, s. 5 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 3 of the Act is repealed and the following substituted: (See: 2024, c. 8, s. 5)

Objects

3 The Corporation’s objects are,

(a)  to provide advice to the Minister on research and innovation with respect to agriculture and food, including on matters such as equipment and technology, veterinary medicine and the needs of rural communities as those matters relate to agriculture and food;

(b)  to establish programs for research and innovation with respect to agriculture and food, including with respect to matters such as equipment and technology, veterinary medicine and the needs of rural communities as those matters relate to agriculture and food, and to encourage and facilitate such programs;

(c)  to consult with academic and research experts, producers, processors, industry and other organizations in the agricultural and food sectors to determine emerging research needs and to promote and co-ordinate research;

(d)  to establish and strengthen relationships that enhance research and innovation with respect to agriculture and food, including with respect to enhancing research and innovation with respect to matters such as equipment and technology, veterinary medicine and the needs of rural communities as those matters relate to agriculture and food;

(e)  to stimulate interest in research as a means of increasing innovation and commercialization with respect to agriculture and food, including with respect to matters such as equipment and technology, veterinary medicine and the needs of rural communities as those matters relate to agriculture and food; and

(f)  to encourage and facilitate knowledge translation and transfer with respect to agriculture and food, including with respect to matters such as equipment and technology, veterinary medicine and the needs of rural communities as those matters relate to agriculture and food. 2024, c. 8, s. 5.

Section Amendments with date in force (d/m/y)

1994, c. 27, s. 5 (4) - 09/12/1994

2024, c. 8, s. 5 - not in force

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2024, c. 8, s. 6)

Powers

Powers

3.1 (1) The Corporation has the capacity, rights, powers and privileges of a natural person for carrying out its objects, except as limited by this Act and the regulations. 2024, c. 8, s. 6.

Same, property

(2) Without limiting the generality of subsection (1), and despite section 11  of the Ministry of Infrastructure Act, 2011, the Corporation has the power to acquire, own, control, maintain, dispose of or otherwise deal with property in accordance with this Act. 2024, c. 8, s. 6.

Section Amendments with date in force (d/m/y)

2024, c. 8, s. 6 - not in force

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2024, c. 8, s. 6)

Limits

Subsidiaries

3.2 (1) The Corporation shall not create or acquire a subsidiary. 2024, c. 8, s. 6.

Approval of Managing Director

(2) The Corporation shall not borrow, lend or invest money without the approval of the Managing Director. 2024, c. 8, s. 6.

Powers re borrowing

(3) The Corporation shall not borrow or manage financial risks unless a by-law described in section 2.2 authorizes the activity. 2024, c. 8, s. 6.

Temporary investments

(4) The Corporation may temporarily invest money not immediately required to carry out its objects, but only if a by-law described in section 2.2 authorizes the investments, which shall be selected from,

(a)  securities issued or guaranteed as to principal and interest by Ontario, Canada or another province or territory of Canada;

(b)  guaranteed investment certificates of a trust corporation that is registered under the Loan and Trust Corporations Act;

(c)  deposit receipts, term deposits, deposit notes, certificates of deposit or investment, banker’s acceptances or other similar instruments issued, guaranteed or endorsed by a bank listed in Schedule I or II to the Bank Act (Canada); or

(d)  guaranteed investment certificates, deposit receipts, term deposits, deposit notes, certificates of deposit or investment or other similar instruments that are issued, guaranteed or endorsed by a credit union within the meaning of the Credit Unions and Caisses Populaires Act, 2020. 2024, c. 8, s. 6.

Section Amendments with date in force (d/m/y)

2024, c. 8, s. 6 - not in force

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2024, c. 8, s. 6)

Financial Matters

Fiscal year

3.3 The Corporation’s fiscal year begins on April 1 in each year and ends on March 31 in the following year. 2024, c. 8, s. 6.

Section Amendments with date in force (d/m/y)

2024, c. 8, s. 6 - not in force

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2024, c. 8, s. 6)

Authority re income

3.4 Despite Part I of the Financial Administration Act, the revenues and assets of the Corporation do not form part of the Consolidated Revenue Fund and shall be applied to carrying out the Corporation’s objects. 2024, c. 8, s. 6.

Section Amendments with date in force (d/m/y)

2024, c. 8, s. 6 - not in force

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2024, c. 8, s. 6)

Expenditures, liabilities

3.5 Except with the approval of the Managing Director, the Corporation shall not incur any liability or make any expenditure that is not provided for in the Corporation’s budget. 2024, c. 8, s. 6.

Section Amendments with date in force (d/m/y)

2024, c. 8, s. 6 - not in force

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2024, c. 8, s. 6)

Comptroller

3.6 (1) The Public Service Commission shall appoint a public servant employed under Part III of the Public Service of Ontario Act, 2006 as Comptroller who shall be responsible to the Corporation through the Managing Director. 2024, c. 8, s. 6.

Duties of Comptroller

(2) The Comptroller shall,

(a)  supervise the Corporation’s business affairs;

(b)  prepare the Corporation’s budget for the Managing Director’s approval;

(c)  prepare such financial reports and statistical surveys as may be required by the Managing Director; and

(d)  perform such other duties and functions as may be assigned from time to time by the Managing Director. 2024, c. 8, s. 6.

Section Amendments with date in force (d/m/y)

2024, c. 8, s. 6 - not in force

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2024, c. 8, s. 6)

Budget

3.7 The Managing Director shall submit the Corporation’s budget for the next fiscal year to the Minister. 2024, c. 8, s. 6.

Section Amendments with date in force (d/m/y)

2024, c. 8, s. 6 - not in force

Property

4 (1) All property heretofore or hereafter granted, conveyed, devised or bequeathed for purposes of research to, or to any person in trust for, any institution of the Ministry of Agriculture, Food and Rural Affairs that is engaged in research is vested in the Research Institute, subject to any trust affecting the same.  R.S.O. 1990, c. A.13, s. 4 (1); 2009, c. 33, Sched. 1, s. 3 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 4 (1) of the Act is amended by striking out “the Research Institute, subject to any trust affecting the same” at the end and substituting “the Corporation and under its control”. (See: 2024, c. 8, s. 7 (1))

Money for research

(2) The Research Institute may take by gift, grant, donation or bequest money for use in research or the conservation, protection or preservation of agricultural lands.  R.S.O. 1990, c. A.13, s. 4 (2); 1994, c. 27, s. 5 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 4 (2) of the Act is amended by striking out “The Research Institute” at the beginning and substituting “The Corporation”. (See: 2024, c. 8, s. 7 (2))

Powers with respect to property

(3) The Research Institute may, with the written consent of the Director of Research,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 4 (3) of the Act is amended by striking out the portion before clause (a) and substituting the following: (See: 2024, c. 8, s. 7 (3))

Powers with respect to property

(3) With the Managing Director’s approval, the Corporation may,

(a)  construct, maintain and alter any buildings or works in carrying out its duties and responsibilities;

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 4 (3) of the Act is amended by adding the following clause: (See: 2024, c. 8, s. 7 (4))

(a.1)  enter into agreements, covenants and easements with owners of real property or owners of interests in real property, or assign such agreements, covenants and easements, for the conservation, protection or preservation of agricultural lands; and

(b)  acquire property or any interest therein by purchase, lease or otherwise and may dispose of all or any part of such property or interest therein by sale, lease or otherwise.  1994, c. 27, s. 5 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 4 (3) (b) of the Act is amended by striking out “may”. (See: 2024, c. 8, s. 7 (5))

Exercise of powers by Institute

(4) The Director of Research may direct the Research Institute to exercise its powers under subsection (3) and the Research Institute shall comply.  1994, c. 27, s. 5 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 4 (4) of the Act is repealed and the following substituted: (See: 2024, c. 8, s. 7 (6))

Direction

(4) If the Managing Director directs it to do so, the Corporation shall take one or more actions mentioned in subsection (3). 2024, c. 8, s. 7 (6).

Money to be held in trust

(5) Money received by the Research Institute under subsection (2) or (3) shall be held in trust by the Director of Research and be used for the purposes of this Act in accordance with the terms, if any, on which it was given.  1994, c. 27, s. 5 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 4 (5) of the Act is repealed and the following substituted: (See: 2024, c. 8, s. 7 (7))

Approvals, directions

(5) An approval under subsection (3) and a direction under subsection (4) must be given in writing. 2024, c. 8, s. 7 (7).

Proceeds of disposition

(6) A sale, lease or other disposition made by the Research Institute under this Act may be for purposes unrelated to the objects of this Act if any proceeds or benefits obtained by the Research Institute as a result are used for those objects.  1994, c. 27, s. 5 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 4 (6) of the Act is repealed. (See: 2024, c. 8, s. 7 (8))

Section Amendments with date in force (d/m/y)

1994, c. 27, s. 5 (5, 6) - 09/12/1994

2009, c. 33, Sched. 1, s. 3 (2) - 15/12/2009

2024, c. 8, s. 7 (1-8) - not in force

Registration of agreements, etc., regarding land

4.1 (1) An easement or covenant entered into by the Research Institute under subclause 3 (f) (i) may be registered against the real property affected in the appropriate land registry office. R.S.O. 1990, c. A.13, s. 4.1 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 4.1 (1) of the Act is amended by striking out “by the Research Institute under subclause 3 (f) (i)” and substituting “by the Corporation under clause 4 (3) (a.1)”. (See: 2024, c. 8, s. 8 (1))

Easement or covenant enforceable

(2) Any easement or covenant registered against real property under subsection (1) runs with the real property and such easement or covenant, whether positive or negative in nature, may be enforced by the Research Institute against the owner or subsequent owners of the real property even if it owns no appurtenant land or real property that would be accommodated or benefited by the easement or covenant. R.S.O. 1990, c. A.13, s. 4.1 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 4.1 (2) of the Act is amended by striking out “the Research Institute” and substituting “the Corporation”. (See: 2024, c. 8, s. 8 (2))

Assignment

(3) An easement or covenant entered into by the Research Institute may be assigned to any person designated by the Director of Research. R.S.O. 1990, c. A.13, s. 4.1 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 4.1 (3) of the Act is amended by striking out “the Research Institute” and substituting “the Corporation” and by striking out “the Director of Research” and substituting “the Managing Director”. (See: 2024, c. 8, s. 8 (3))

Same

(4) An assignee may enforce the easement or covenant against the owner or subsequent owners of the property as if it were the Research Institute even if the assignee owns no appurtenant land or real property that would be accommodated or benefited by the easement or covenant. R.S.O. 1990, c. A.13, s. 4.1 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 4.1 (4) of the Act is amended by striking out “the Research Institute” and substituting “the Corporation”. (See: 2024, c. 8, s. 8 (4))

Modification or discharge

(5) An easement or covenant granted to, entered into with or assigned to or by the Research Institute shall not be modified or discharged without the written agreement of the Director of Research or the Research Institute’s assignee, as applicable, and the owner or subsequent owners of the real property against which the easement or covenant is registered.  1994, c. 27, s. 5 (7).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 4.1 (5) of the Act is amended by striking out “the Research Institute” and substituting “the Corporation” and by striking out “the Director of Research or the Research Institute’s assignee” and substituting “the Managing Director’s or the Corporation’s assignee”. (See: 2024, c. 8, s. 8 (5))

Section Amendments with date in force (d/m/y)

1994, c. 27, s. 5 (7) - 09/12/1994

2024, c. 8, s. 8 (1-5) - not in force

Expenditure

5 Except with the approval of the Minister, the Research Institute shall not incur any liability or make any expenditure that is not provided for in the income for the Research Institute unless provided for by money appropriated therefor by the Legislature or for which funds otherwise have been furnished therefor.  R.S.O. 1990, c. A.13, s. 5.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 5 of the Act is repealed. (See: 2024, c. 8, s. 9)

Section Amendments with date in force (d/m/y)

2024, c. 8, s. 9 - not in force

Audit of accounts

6 The accounts of the Research Institute are subject to audit by the Auditor General.  R.S.O. 1990, c. A.13, s. 6; 2004, c. 17, s. 32.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 6 of the Act is repealed and the following substituted: (See: 2024, c. 8, s. 10)

Administrative Matters

Audits

6 (1) The Managing Director shall appoint one or more licensed public accountants to audit the Corporation’s accounts and financial transactions annually. 2024, c. 8, s. 10.

Auditor General

(2) The Auditor General may also audit the Corporation’s accounts and financial transactions for any fiscal year. 2024, c. 8, s. 10.

Minister-appointed auditor

(3) The Minister may at any time appoint a licensed public accountant, other than the person appointed under subsection (1), to audit the Corporation’s accounts and financial transactions for any period of time specified by the Minister. 2024, c. 8, s. 10.

Section Amendments with date in force (d/m/y)

2004, c. 17, s. 32 - 30/11/2004

2024, c. 8, s. 10 - not in force

Annual report

7 (1) The Research Institute shall prepare an annual report, provide it to the Minister and make it available to the public. 2017, c. 34, Sched. 46, s. 3.

Same

(2) The Research Institute shall comply with such directives as may be issued by the Management Board of Cabinet with respect to,

(a)  the form and content of the annual report;

(b)  when to provide it to the Minister; and

(c)  when and how to make it available to the public. 2017, c. 34, Sched. 46, s. 3.

Same

(3) The Research Institute shall include such additional content in the annual report as the Minister may require. 2017, c. 34, Sched. 46, s. 3.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 7 of the Act is amended by striking out “The Research Institute” wherever it appears and substituting in each case “The Corporation”. (See: 2024, c. 8, s. 11)

Section Amendments with date in force (d/m/y)

2017, c. 34, Sched. 46, s. 3 - 01/01/2018

2024, c. 8, s. 11 - not in force

Tabling of annual report

7.1 The Minister shall table the Research Institute’s annual report in the Assembly and shall comply with such directives as may be issued by the Management Board of Cabinet with respect to when to table it. 2017, c. 34, Sched. 46, s. 3.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 7.1 of the Act is amended by striking out “the Research Institute’s” and substituting “the Corporation’s”. (See: 2024, c. 8, s. 12)

Section Amendments with date in force (d/m/y)

2017, c. 34, Sched. 46, s. 3 - 01/01/2018

2024, c. 8, s. 12 - not in force

Other reports

8 The Research Institute shall submit to the Minister such reports on its financial affairs and the progress of its work as the Minister from time to time requires.  R.S.O. 1990, c. A.13, s. 8.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 8 of the Act is repealed and the following substituted: (See: 2024, c. 8, s. 13)

Information to Minister

8 (1) The Corporation shall provide the Minister with such information as the Minister may require from time to time, in the time and manner the Minister specifies, respecting the Corporation’s financial affairs and on matters such as agriculture, food, research, innovation, knowledge translation and transfer and the commercialization of research. 2024, c. 8, s. 13.

Same

(2) The Managing Director shall provide the Minister with such information as the Minister may require from time to time, in the time and manner the Minister specifies, on matters such as agriculture, food, research, innovation, knowledge translation and transfer and the commercialization of research. 2024, c. 8, s. 13.

Section Amendments with date in force (d/m/y)

2024, c. 8, s. 13 - not in force

Director of Research

9 (1) There shall be a Director of Research appointed by the Minister who shall be the administrator of the business and affairs of the Research Institute.  R.S.O. 1990, c. A.13, s. 9 (1); 1994, c. 27, s. 5 (8).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 9 (1) of the Act is repealed and the following substituted: (See: 2024, c. 8, s. 14 (1))

Managing Director

(1) The Public Service Commission shall appoint a public servant employed under Part III of the Public Service of Ontario Act, 2006 as Managing Director to be the administrator of the Corporation’s business and affairs. 2024, c. 8, s. 14 (1).

Duties of Director

(2) The duties and responsibilities of the Director of Research are,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 9 (2) of the Act is amended by striking out “Director of Research” in the portion before clause (a) and substituting “Managing Director”. (See: 2024, c. 8, s. 14 (2))

(a)  to co-ordinate programs of research of the Research Institute with programs in comparable areas of research by other institutions and organizations;

(b)  to select, develop and maintain research programs in accordance with the needs of agriculture, veterinary medicine and household science in Ontario;

Note: On a day to be named by proclamation of the Lieutenant Governor, clauses 9 (2) (a) and (b) of the Act are repealed and the following substituted: (See: 2024, c. 8, s. 14 (3))

(a)  to co-ordinate the Corporation’s research programs with programs in comparable areas of research by other institutions and organizations;

(b)  to select, develop and maintain research programs with respect to agriculture and food, including on matters such as equipment and technology, veterinary medicine and the needs of rural communities as those matters relate to agriculture and food;

(c)  to maintain a balance of effort in research among various areas of research;

(d)  to inquire into the efficiency of programs of research undertaken in conjunction with academic work at other institutions of learning and research in Ontario;

(e)  to establish the operational budgets of the Research Institute for programs of research in agriculture, veterinary medicine and household science at the Ontario Agricultural College, the Ontario Veterinary College and the Macdonald Institute or any of them and at institutions of the Ministry of Agriculture, Food and Rural Affairs that are engaged in research and at other institutions in Ontario where the facilities and personnel are available for such programs;

(f)  to determine matters of integration of research with the academic work of the Ontario Agricultural College, the Ontario Veterinary College and the Macdonald Institute and institutions of learning and research that are administered by the Ministry of Agriculture, Food and Rural Affairs; and

Note: On a day to be named by proclamation of the Lieutenant Governor, clauses 9 (2) (e) and (f) of the Act are repealed and the following substituted: (See: 2024, c. 8, s. 14 (4))

(e)  to establish the Corporation’s operating budget for research programs;

(f)  to encourage, enable and facilitate knowledge translation and transfer of research and innovation in connection with the duties described in clauses (a) to (e);

(f.1)  to inform the Minister about the impact of the research programs the Corporation funds, including on the impact of knowledge translation and transfer in respect of those research programs; and

(g)  to develop and maintain programs for the conservation, protection or preservation of agricultural lands.  R.S.O. 1990, c. A.13, s. 9 (2); 1994, c. 27, s. 5 (9); 2009, c. 33, Sched. 1, s. 3 (3, 4).

Agreements with respect to land

(3) In carrying out his or her duties and responsibilities, the Director of Research may require the Research Institute,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 9 (3) of the Act is amended by striking out “the Director of Research may require the Research Institute” in the portion before clause (a) and substituting “the Managing Director may require the Corporation”. (See: 2024, c. 8, s. 14 (5))

(a)  to enter into agreements, covenants and easements with owners of real property or interests therein for the purposes of clause (2) (g) and to assign, modify or discharge such agreements, covenants and easements; and

(b)  to exercise its powers under subsection 4 (3).  1994, c. 27, s. 5 (10).

Delegation of authority

(4) The Director of Research may delegate any of his or her duties, responsibilities or powers under this Act to an employee or officer of the Ministry of Agriculture, Food and Rural Affairs.  1994, c. 27, s. 5 (10).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 9 (4) of the Act is amended by striking out “The Director of Research” at the beginning and substituting “The Managing Director”. (See: 2024, c. 8, s. 14 (6))

Delegation in writing

(5) A delegation under subsection (4) shall be in writing and may be subject to such limitations, conditions and requirements as are set out in it.  1994, c. 27, s. 5 (10).

Exception

(6) The authority to delegate under subsection (4) does not apply with respect to the director’s duty to hold in trust money received by the Research Institute.  1994, c. 27, s. 5 (10).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 9 (6) of the Act is repealed. (See: 2024, c. 8, s. 14 (7))

Appointments

(7) The Director of Research may appoint persons to advisory committees to assist him or her in the discharge of his or her duties.  1994, c. 27, s. 5 (10).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 9 (7) of the Act is repealed. (See: 2024, c. 8, s. 14 (7))

Section Amendments with date in force (d/m/y)

1994, c. 27, s. 5 (8-10) - 09/12/1994

2009, c. 33, Sched. 1, s. 3 (3, 4) - 15/12/2009

2024, c. 8, s. 14 (1-7) - not in force

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2024, c. 8, s. 15)

Annual business plan

9.1 (1) The Managing Director shall prepare an annual business plan for the Corporation, provide it to the Minister and make it available to the public. 2024, c. 8, s. 15.

Same

(2) The Corporation shall include key performance measures in the business plan as well as such additional content as the Minister may require. 2024, c. 8, s. 15.

Section Amendments with date in force (d/m/y)

2024, c. 8, s. 15 - not in force

Supervision by Director

10 The Director of Research shall have supervision over every program for which funds have been supplied by the Research Institute.  R.S.O. 1990, c. A.13, s. 10; 1994, c. 27, s. 5 (11).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 10 of the Act is repealed and the following substituted: (See: 2024, c. 8, s. 16)

Supervision over programs

10 The Managing Director shall supervise every program funded by the Corporation. 2024, c. 8, s. 16.

Section Amendments with date in force (d/m/y)

1994, c. 27, s. 5 (11) - 09/12/1994

2024, c. 8, s. 16 - not in force

Estimates of expenditures

11 The Director of Research shall prepare and submit to the Minister an estimate of all expenditures required during the next ensuing year.  R.S.O. 1990, c. A.13, s. 11.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 11 of the Act is repealed. (See: 2024, c. 8, s. 17)

Section Amendments with date in force (d/m/y)

2024, c. 8, s. 17 - not in force

Comptroller

12 (1) There shall be a Comptroller for the Research Institute who is responsible to the Director of Research.

Duties of Comptroller

(2) The Comptroller shall,

(a)  supervise the business affairs of the Research Institute;

(b)  prepare the budget for the Research Institute;

(c)  prepare such financial reports and statistical surveys as may be required by the Director of Research or by the Minister; and

(d)  perform such other duties and functions as may be assigned to him or her from time to time by the Director of Research or by the Research Institute.  R.S.O. 1990, c. A.13, s. 12.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 12 of the Act is repealed. (See: 2024, c. 8, s. 17)

Section Amendments with date in force (d/m/y)

2024, c. 8, s. 17 - not in force

Power to acquire patents, etc.

13 Subject to the approval of the Minister, the Research Institute may purchase or arrange for the use of any invention or any interest therein, or any rights in respect thereof, or any secret or other information as to any invention, and apply for, purchase or otherwise acquire, any patents, interest in patents, licences or other rights conferring any exclusive or non-exclusive or limited right to make, use or sell any invention or inventions and to use, exercise, develop, dispose of, assign or grant licences in respect of or otherwise turn to account the property rights or information so acquired, and possess, exercise and enjoy all the rights, powers and privileges that the owner of any invention or any rights in respect thereof or the owner of a patent or invention or of any rights thereunder may possess, exercise and enjoy.  R.S.O. 1990, c. A.13, s. 13.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 13 of the Act is repealed and the following substituted: (See: 2024, c. 8, s. 18)

Intellectual property

13 Subject to the approval of the Managing Director and subject to any applicable laws or government directives, the Corporation may enter into agreements respecting, and may use, arrange for the use of, apply for, purchase or otherwise acquire, dispose of, assign, grant or possess, intellectual property. 2024, c. 8, s. 18.

Section Amendments with date in force (d/m/y)

2024, c. 8, s. 18 - not in force

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2024, c. 8, s. 19)

Crown liability

13.1 (1) No cause of action arises against any current or former member of the Executive Council or employee or agent of the Crown for any act done in good faith in the exercise or performance, or intended exercise or performance, of the person’s powers, duties or functions under this Act or for any alleged neglect, default or other omission in the exercise or performance in good faith of those powers, duties or functions. 2024, c. 8, s. 19.

Crown remains vicariously liable

(2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) of this section does not relieve the Crown of liability to which it would otherwise be subject as a result of the acts or omissions of a person specified in subsection (1). 2024, c. 8, s. 19.

No liability for acts or omissions of others

(3) No cause of action arises against the Crown or any person specified in subsection (1) for an act or omission of a person other than the Crown or a person specified in that subsection, if the act or omission is related, directly or indirectly, to the exercise or performance, or intended exercise or performance, of a power, duty or function under this Act. 2024, c. 8, s. 19.

Employment, etc. with Corporation

(4) If a person who is an employee of the Crown is appointed as Comptroller or Managing Director or is employed in or assigned to or otherwise performs duties directly for the Corporation, the person is deemed to be an employee of the Corporation and not an employee of the Crown specified in subsection (1) in relation to the person’s acts or omissions arising from the employment, assignment or performance for the purposes of this section and sections 13.2 and 13.3 as well as any claim for vicarious liability. 2024, c. 8, s. 19.

Proceedings by Crown not prevented

(5) This section does not apply with respect to proceedings brought by the Crown. 2024, c. 8, s. 19.

Section Amendments with date in force (d/m/y)

2024, c. 8, s. 19 - not in force

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2024, c. 8, s. 19)

Liability of Corporation

No personal liability

13.2 (1) No cause of action arises against any current or former Comptroller, Managing Director, member of the board of directors of the Corporation, member of a committee of the board or officer or employee of the Corporation for any act done in good faith in the exercise or performance, or intended exercise or performance, of the person’s powers, duties or functions under this Act or for any alleged neglect, default or other omission in the exercise or performance in good faith of those powers, duties or functions. 2024, c. 8, s. 19.

Corporation vicariously liable

(2) Subsection (1) does not relieve the Corporation of liability to which it would otherwise be subject as a result of the acts or omissions of a person specified in subsection (1). 2024, c. 8, s. 19.

Proceedings by Crown not prevented

(3) This section does not apply with respect to proceedings brought by the Crown. 2024, c. 8, s. 19.

Section Amendments with date in force (d/m/y)

2024, c. 8, s. 19 - not in force

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2024, c. 8, s. 19)

Proceedings barred

13.3 (1) No proceeding shall be commenced,

(a)  against any person specified in subsection 13.1 (1) in respect of a matter referred to in that subsection;

(b)  against the Crown or any person specified in subsection 13.1 (1) in respect of a matter referred to in subsection 13.1 (3); or

(c)  against any person specified in subsection 13.2 (1) in respect of a matter referred to in that subsection. 2024, c. 8, s. 19.

Same

(2) Subsection (1) does not apply with respect to an application for judicial review but does apply with respect to any other court, administrative or arbitral proceeding claiming any remedy or relief, including specific performance, an injunction, declaratory relief, a remedy in contract, restitution, unjust enrichment or tort, a remedy for breach of trust or fiduciary obligation or any equitable remedy, enforcement of a judgment, order or award made outside Ontario or any form of compensation or damages including loss of revenue or profit. 2024, c. 8, s. 19.

Proceedings by Crown not prevented

(3) This section does not apply with respect to proceedings brought by the Crown. 2024, c. 8, s. 19.

Section Amendments with date in force (d/m/y)

2024, c. 8, s. 19 - not in force

Regulations

14 Lieutenant Governor in Council may make regulations defining agricultural lands for the purposes of this Act.  1994, c. 27, s. 5 (12).

Section Amendments with date in force (d/m/y)

1994, c. 27, s. 5 (12) - 09/12/1994

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2024, c. 8, s. 20)

Regulations

15 The Minister may make regulations,

(a)  making any provision of the Not-for-Profit Corporations Act, 2010 or the Corporations Information Act applicable to the Corporation, with such modifications as the Minister considers necessary or advisable;

(b)  prescribing limitations on the Corporation’s powers;

(c)  authorizing the Corporation to establish and impose fees and to implement other mechanisms to generate revenue for the purposes of the Corporations objects,

(i)  for doing anything the Corporation is required or permitted to do under this Act, subject to any limitations and restrictions set out in the regulation, or

(ii)  for any purpose that is consistent with the Corporation’s objects. 2024, c. 8, s. 20.

Section Amendments with date in force (d/m/y)

2024, c. 8, s. 20 - not in force

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