On the recommendation of the undersigned, the Lieutenant Governor of Ontario, by and with the advice and concurrence of the Executive Council of Ontario, orders that:

Whereas the Government of Ontario recognizes the important economic and social contribution that agriculture provides in Ontario;

And whereas the Government of Ontario wants to further foster the growth of agriculture in Ontario;

And whereas the Cattle Industry is an important part of Ontario’s agricultural sector;

And whereas Co-Operatives are an important part of the Cattle Industry;

And whereas Custom Feeding is becoming a more integral practice employed by the Cattle Industry in Ontario;

And whereas allowing Custom Feeding would support Ontario’s supply chain through potential increased efficiencies, help ensure a steady supply of Ontario-raised beef for Ontario processors or export and support the overall competitiveness of Ontario’s Cattle Industry;

And whereas the Government of Ontario is supportive of making the requested changes to the Program so that the Program continues to provide relevant support to the Cattle Industry;

And whereas section 4 of the Ministry of Agriculture, Food and Rural Affairs Act provides the Minister with authority in relation to the administration of laws relating to agriculture, food and rural affairs, including all of their branches, as well as such other powers and requires the Minister to perform such other functions and duties as are assigned to the Ministry by the LGIC;

And whereas section 7(1) of the Ministry of Agriculture, Food and Rural Affairs Act allows the LGIC to establish, upon the recommendation of the Minister, a program for the encouragement of agriculture, food and rural affairs;

And whereas section 8 of the Ministry of Agriculture, Food and Rural Affairs Act allows the LGIC to agree to provide, upon the recommendation of the Minister, a guarantee for the payment of any loan or loans made to farmers for the encouragement of any branch of agriculture, food and rural affairs, upon such terms as the LGIC considers proper;

And whereas sections 49 and 54 of the Legislation Act, 2006 have the effect of providing the LGIC with the power to amend, revoke or replace from time to time an order establishing a program under sections 7(1) and 8 of the Ministry of Agriculture, Food and Rural Affairs Act;

And whereas the Program was originally established pursuant to sections 7(1) and 8 of the Ministry of Agriculture, Food and Rural Affairs and is continued under the Previous Order;

And whereas the Minister has recommended to the LGIC the amendments to the Program contained herein;

Now therefore and pursuant to my authority under sections 7(1) and 8 of the Ministry of Agriculture, Food and Rural Affairs Act and sections 49 and 54 of the Legislation Act, 2006, I hereby order the Previous Order be amended as set out herein.

Part 1 – Interpretation of This Order

    1. For the purposes of this Order, the following terms will have the following meanings:
      “Order”
      means this Order-in-Council; and
      “Previous Order”
      means Order-in-Council 702/2016, as amended by Order-in-Council 124/2019; Order-in-Council 1368/2021; and Order-in-Council 347/2022.
    2. Any capitalized term not defined herein will have the same meaning as set out in the Previous Order.

Part 2 – Amendments to Part I of The Previous Order

  1. The reference to “member” in Paragraph (a) of the definition of “Applicant” in section 2 of the Previous Order is struck out and replaced with “Member”.
  2. The definition of “Crown” in section 2 of the Previous Order is revoked and replaced with the following:

    “Crown” means His Majesty the King in Right of Ontario and includes any successor whether it is “His Majesty the King” or “Her Majesty the Queen”;

  3. The definition of “Custom Feeding” in section 2 of the Previous Order is revoked and replaced with the following:

    “Custom Feeding” means an arrangement between a Producer and a Custom Feeder whereby the Custom Feeder agrees to Produce Cattle on the Producer’s behalf;

  4. The definition of “Custom Feeding Agreement” in section 2 of the Previous Order is revoked and replaced with the following:

    “Custom Feeding Agreement” means an agreement setting out the terms and conditions under which Custom Feeding will be undertaken;

  5. The definition of “Feeder Agreement” is amended by striking out the reference to “Feeder” and replacing it with a reference to “Feeding”.
  6. The definition of “Member” in section 2 of the Previous Order is revoked and replaced with the following:

    “Member” means a Person which has paid the Co-Operative’s membership fee for the current Program Year;

  7. The following definitions are added to the Previous Order in their proper alphabetical order:

    “Cross Member Custom Feeder” means a Custom Feeder that is a Member of a different Co-Operative than the Producer;
    “Custom Feeder” means the Person who is Producing Cattle on behalf of a Producer;
    “Member Custom Feeder” means a Custom Feeder that is a Member of the same Co- Operative as the Producer;
    “Non-Member Custom Feeder” means a Custom Feeder that is not a member of any Co-Operative;

  8. Section 4(2)(a) of the Previous Order is amended by adding the words “or Custom Feeding Agreements” between the words “Feeder Agreements” and the words “with its”.

Part 3 – Amendments to Part Iv of The Previous Order

  1. Section 15(1)(c) of the Previous Order is amended by adding “, including Purchase Orders, Feeding Agreements and Custom Feeding Agreements” after the words “Program Guidelines”.
  2. Section 15(1)(h.1) of the Previous Order is amended by striking out the word “members” and replacing it with “Members”.
  3. Section 15(1)(j) of the Previous Order is revoked and replaced with the following:

    (j) Setting out the evidential requirements that must be met before a Co-Operative issues or enters, as the case may be, a:

    (a) Purchase Order,
    (b) Feeding Agreement, or
    (c) Custom Feeding Agreement

    in the Program Guidelines;

  4. Section 15(1)(k) of the Previous Order is revoked and replaced with the following:

    (k) Setting out any business practices the Co-Operative shall follow to issue or enter, as the case may be, a:

    (a) Purchase Order,
    (b) Feeding Agreement, or
    (c) Custom Feeding Agreement

    in the Program Guidelines;

  5. Section 15(1)(r) of the Previous Order is revoked and replaced with the following:

    (r) Approving the transfer of one Member of a Co-Operative to another Co-Operative, the winding down of Co-Operatives and the formation of new Co-Operatives;

  6. The following is added as section 15(1)(r.1) to the Previous Order:

    (r.1) Setting out additional eligibility requirements for Custom Feeders under section 25.1(2) of this OIC in the Program Guidelines;

  7. Section 15(1)(x) of the Previous Order is revoked and replaced with the following:

    (x) Setting out any additional requirements that must be met before a Producer and a Co-Operative can enter into a Custom Feeding Agreement with a Custom Feeder in the Program Guidelines;

  8. The following is added as section 15(1)(x.1) to the Previous Order:

    (x.1) Setting out the terms and conditions that have to be included in the Custom Feeding Agreement under section 43(2)(n) of this OIC in the Program Guidelines;

  9. Section 15.1(4)(b) is amended by striking out the word “and” after the “;”.
  10. The following is added as section 15.1(4)(b.1) to the Previous Order:

    (b.1) The Co-Operative, Producer and Custom Feeder may extend any Custom Feeding Agreement that is in place regarding the Cattle, provided such an extension does not exceed the date imposed pursuant to section 15.1(4)(b) of this OIC on when the Purchase Order must be paid; and

Part 4 – Amendments to Part v Of the Previous Order

  1. The title to Part V of the Previous Order is amended by adding “, Custom Feeders” between the words “Producers” and “and the”.
  2. The following is added as section 23(2)(b)(i) to the Previous Order:

    (b)(i) Only issue or enter Minister-approved templates for Purchase Orders, Feeding Agreements and Custom Feeding Agreements;

  3. Section 23(2)(c) of the Previous Order is amended by striking out the reference to “and its Feeder Agreements;” and replacing it with “its Feeding Agreements and its Custom Feeding Agreements;”.
  4. Section 23(2)(d) of the Previous Order is amended by striking out the reference to “and its Feeder Agreements;” and replacing it with “its Feeding Agreements and its Custom Feeding Agreements;”.
  5. Section 23(2)(g)(v) of the Previous Order is revoked and replaced with the following:

    (v) Approving Custom Feeding Agreements, and

  6. Section 23(2)(g)(vi) of the Previous Order is revoked and replaced with the following:

    (v) Issuing Purchase Orders and entering Feeding Agreements or Custom Feeding Agreements;

  7. Section 23(2)(h)(iii) of the Previous Order is amended by striking out the “and” after the “,”.
  8. Section 23(2)(h)(iv) of the Previous Order is amended by striking out the “;” and replacing it with a “,”.
  9. The following is added as section 23(2)(h)(v) to the Previous Order:

    (v) Determining whether the Custom Feeder is Producing Cattle in accordance with the terms and conditions of the Custom Feeding Agreement;

  10. Section 23(2)(j) of the Previous Order is amended by adding “and continue to meet those eligibility requirements while participating in the Program” after the words “this OIC” and before the “,” after the word “OIC”.
  11. Section 23(2)(o) of the Previous Order is amended by striking out the reference to “and Feeder Agreements” and replacing it with “, Feeding Agreements and Custom Feeding Agreements”.
  12. The following is added as section 23(2)(o.1) to the Previous Order:

    (o.1) Only enter a Custom Feeding Agreements with a Custom Feeder that meets the eligibility requirements set out under section 25.1(2) of this OIC and continues to meet those eligibility requirements while Custom Feeding;

  13. Section 23(2)(q) of the Previous Order is amended by striking out the reference to “and Feeder Agreements” and replacing it with “, Feeding Agreements and Custom Feeding Agreements”.
  14. Section 25(1) of the Previous Order is amended by:
    1. Striking out the reference to “An entity” and replacing it with “A Person”; and
    2. Striking out the other reference to “entity” and replacing it with “Person”.
  15. The following is added as section 25(2)(0)(a) to the Previous Order:

    (0)(a) Only accept or enter Minister-approved templates for Purchase Orders, Feeding Agreements and Custom Feeding Agreements;

  16. Section 25(2)(a) of the Previous Order is amended by striking out the reference to “and Feeder Agreements;” and replacing it with “, Feeding Agreements and Custom Feeding Agreements;”.
  17. Section 25(2)(b) of the Previous Order is amended by striking out the reference to “and Feeder Agreements;” and replacing it with “, Feeding Agreements and Custom Feeding Agreements;”.
  18. Section 25(2)(i) of the Previous Order is amended by striking out the reference to “the Person Producing the Cattle” and replacing it with “the Custom Feeder”.
  19. Section 25(2)(m) of the Previous Order is amended by adding the words “or Custom Feeding Agreements” between the words “Feeder Agreements” and “that are”.
  20. The following is added as section 25(2)(m.1) to the Previous Order:

    (m.1) Only enter a Custom Feeding Agreements with a Custom Feeder that meets the eligibility requirements set out under section 25.1(2) of this OIC and continues to meet those eligibility requirements while Custom Feeding;

  21. Section 25(2)(o) of the Previous Order is revoked and replaced with the following:

    (o) Enter a:

    (i) Feeding Agreement with the Co-Operative, or
    (ii) Custom Feeding Agreement with the Co-Operative and the Custom Feeder prior to Producing Cattle;

  22. Section 25(2)(q)(ii) of the Previous Order is revoked and replaced with the following:
    (ii) On farmland that the Custom Feeder owns or rents in Ontario in accordance with the terms and conditions of the Custom Feeding Agreement and any conditions set out in the Program Guidelines; and

     

  23. The following is added as section 25(3)(d.1) to the Previous Order

    (d.1) Only accept or enter Minister-approved templates for Purchase Orders, Feeding Agreements and Custom Feeding Agreements;

  24. Section 25(3)(e) of the Previous Order is revoked and replaced with the following:

    (e) Agree to be bound by the terms and conditions of this OIC, the Program Guidelines, Purchase Orders, Feeding Agreements and Custom Feeding Agreements;

  25. Section 25(3)(f) of the Previous Order is revoked and replaced with the following:

    (e) Comply with the terms and conditions of this OIC, the Program Guidelines, Purchase Orders, Feeding Agreements and Custom Feeding Agreements;

  26. Section 25(3)(m) of the Previous Order is amended by striking out the reference to “the Person Producing the Cattle” and replacing it with “the Custom Feeder”.
  27. The following is added as section 25(3)(m.1) to the Previous Order:

    (m.1) Only enter a Custom Feeding Agreements with a Custom Feeder that meets the eligibility requirements set out under section 25.1(2) of this OIC and continues to meet those eligibility requirements while Custom Feeding;

  28. Section 25(3)(q) of the Previous Order is amended by adding the words “or Custom Feeding Agreements” between the words “Feeder Agreements” and “that are”.
  29. Section 25(3)(s) of the Previous Order is revoked and replaced with the following:

    (r) Enter a:

    (i) Feeding Agreement with the Co-Operative, or
    (ii) Custom Feeding Agreement with the Co-Operative and the Custom Feeder prior to Producing Cattle;

  30. Section 25(3)(u)(ii) of the Previous Order is revoked and replaced with the following:
    (ii) On farmland that the Custom Feeder owns or rents in Ontario in accordance with the terms and conditions of the Custom Feeding Agreement and any conditions set out in the Program Guidelines; and

     

  31. The following is added after section 25(4) and before the sub-title “The Administrator” of the Previous Order:

    Custom Feeders

    25.1

    1. A Person is eligible to participate in the Program as a Custom Feeder, provided that Person meets the eligibility requirements set out under section 25.1(2) of this OIC and continues to meet those eligibility requirements while Custom Feeding under the Program.
    2. To be eligible to participate in the Program as a Custom Feeder, that Person will:
      1. Agree to be bound by the terms and conditions of this OIC, the Program Guidelines and the Custom Feeding Agreement;
      2. Comply with the terms and conditions of this OIC, the Program Guidelines and the Custom Feeding Agreement;
      3. Only enter Minister-approved templates for Custom Feeding Agreements;
      4. Not enter a Custom Feeding Agreement:
        1. Where the Person is going to be a Member Custom Feeder or a Non-Member Custom Feeder if the Producer’s Co- Operative is not going to sign the Custom Feeding Agreement, or
        2. Where the Person is going to be a Cross-Member Custom Feeder if the Producer’s Co-Operative is not going to sign the Custom Feeding Agreement or the Person’s Co-Operative is not going to sign the Custom Feeding Agreement;
      5. Only Produce Cattle in accordance with the terms and conditions of the Custom Feeding Agreement;
      6. Agree that any debt arising under a Custom Feeding Agreement is owed by the Producer and not the Co-Operative;
      7. Not assign the Custom Feeding of any Cattle to another Custom Feeder without the prior written consent of the Producer and Co-Operative that owns the Cattle; and
      8. Agree to any other requirements the Minister sets out in the Program Guidelines.

    Part 5 – amendments to part viii of the previous order

    1. The title to Part VIII of the Previous Order is revoked and replaced with the following:

      Part Viii – Purchase Orders and Purchasing Cattle, Producing Cattle, Feeding Agreements, Custom Feeding Agreements, Selling Cattle and Payments from The Sale of Cattle Under the Ontario Loan Guarantee Program

    1. Everything after section 37(2) of the Previous Order, including all sub-titles, up to, but not including, section 44 of the Previous Order is revoked and replaced with the following:

      Producing Cattle

        1. A Producer shall only Produce Cattle under a:
          1. Feeding Agreement; or
          2. Custom Feeding Agreement with:
            1. Their own Co-Operative and a Non-Member Custom Feeder or a Member Custom Feeder, or
            2. Their own Co-Operative, a Cross-Member Custom Feeder and the Co-Operative of the Cross-Member Custom Feeder.
      2. A Producer shall only Produce Cattle in accordance with the terms and conditions of the Feeding Agreement or the Custom Feeding Agreement, as the case may be.

      40.

      1. Notwithstanding anything set out in a Feeding Agreement or Custom Feeding Agreement, the Co-Operative may re-possess its Cattle under the following situations:
        1. The:
          1. Producer breaches a term or condition of the Purchase Order, Feeding Agreement or the Custom Feeding Agreement, as the case may be, or
          2. The Custom Feeder breaches a term or condition of the Custom Feeding Agreement;
        2. The:
          1. Producer breaches a covenant contained in the:
            1. Purchase Order or the Feeding Agreement and fails to remedy that breach for a period of ten (10) Business Days after the Co-Operative has provided notice of the breach, or
            2. Custom Feeding Agreement and fails to remedy that breach for a period of ten (10) Business Days after the Custom Feeder has provided notice of the breach, or
          2. Custom Feeder breaches a covenant contained in the Custom Feeding Agreement and fails to remedy that breach for a period of ten (10) Business Days after the Co-Operative or the Producer has, as the case may be, provided notice of the breach;
        3. Where a representation made by the:
          1. Producer in connection with the Purchase Order, Feeding Agreement or Custom Feeding Agreement is, or was at the time of its making, false or misleading, or
          2. Custom Feeder in connection with the Custom Feeding Agreement is, or was at the time of its making, false or misleading;
        4. The Producer or the Custom Feeder appears, as the case may be, to have abandoned the Cattle;
        5. The Producer or the Custom Feeder is not, as the case may be, Producing Cattle in accordance with good agricultural practices, as determined by the Co-Operative;
        6. The failure of the Producer to:
          1. Pay or otherwise perform as and when due any obligations or liabilities owed to the Co-Operative under the Purchase Order or Feeding Agreement, or
          2. Pay or otherwise perform as and when due any obligations or liabilities owed to the Custom Feeder under the Custom Feeding Agreement;
        7. The Producer or Custom Feeder’s, as the case may be, insolvency or the appointment of a receiver, manager, trustee or liquidator in respect of the Producer or Custom Feeder’s property, as the case may be;
        8. The Producer or the Custom Feeder makes, as a case may be, an assignment for the benefit of their creditors;
        9. The institution of a proceeding in bankruptcy against the Producer or the Custom Feeder, as the case may be, whether voluntary or involuntary, or the institution of any proceeding by the Producer or Custom Feeder, as the case may be, to obtain relief against any of the Producer or Custom Feeder’s creditors, as the case may be;
        10. The:
          1. Producer abandons or discontinues all or any part of its business in relation to the Purchase Order, the Feeding Agreement or the Custom Feeding Agreement, or
          2. The Custom Feeder abandons or discontinues all or any part of its business in relation to the Custom Feeding Agreement;
        11. An execution or other legal process of any court becomes executable against the Producer or Custom Feeder, as the case may be;
        12. A Material Adverse Change occurs;
        13. The:
          1. Producer prevents or fails to co-operate with any audit or other inspection provided for under this OIC, the Purchase Order, the Feeding Agreement or the Custom Feeding Agreement for a period of ten (10) Business Days after receiving a demand for such co- operation, or
          2. Custom Feeder prevents or fails to co-operate with any audit or other inspection provided for under this OIC or Custom Feeding Agreement for a period of ten (10) Business Days after receiving a demand for such co-operation;
        14. The:
          1. Producer fails to provide any information required to be provided under this OIC, the Program Guidelines, a Purchase Order, a Feeding Agreement or a Custom Feeding Agreement for a period of ten (10) Business Days after receiving a written demand for the information, or
          2. Custom Feeder fails to provide any information required to be provided under this OIC, the Program Guidelines or a Custom Feeding Agreement for a period of ten (10) Business Days after receiving a written demand for the information;
        15. The Producer or the Custom Feeder asks, as the case may be, in writing that the Co-Operative take the Cattle;
        16. The Producer uses any part of the funds under a Purchase Order the Producer has with the Co-Operative for any other purpose other than Producing Cattle; and
        17. Any other grounds set out in the Program Guidelines.
      2. The Custom Feeder acknowledges and agrees that when the Co-Operative re- possesses Cattle pursuant to section 40(1) of this OIC, any debt that is owing to the Custom Feeder at that time is owed by the Producer and not the Co-Operative.

      40.1

      1. A Co-Operative shall not make any interim payments to a Producer in respect of any Cattle while the Producer is still Producing the Cattle.
      2. For greater certainty, a Co-Operative shall only make payments to the Producer in accordance with section 48(2) of this OIC after the Cattle have been sold.

      40.2 A Co-Operative shall not make any payments to a Custom Feeder in respect of any Cattle on behalf of a Producer while the Custom Feeder or the Producer is, as the case may be, still Producing the Cattle.

      41. A Producer shall not encumber or otherwise create or allow to be created any security interest in the Cattle purchased pursuant to a Purchase Order.

      Feeding Agreements

      42.

      1. Subject to section 43(1) of this OIC, a Co-Operative shall enter a Feeding Agreement with each Producer it has issued a Purchase Order that sets out how the Producer is to Produce Cattle.
      2. The Feeding Agreement shall set out the terms and conditions in which the Producer is to Produce Cattle, including:
        1. The location in which the Producer will Produce Cattle;
        2. All legal, beneficial and equitable ownership of the Cattle is to remain with the Co-Operative;
        3. What, if any, inspection rights the Co-Operative will have regarding the Cattle;
        4. The Producer is to Produce Cattle so the Cattle remain healthy;
        5. The Producer is to indemnify the Co-Operative;
        6. The grounds in which the Co-Operative may re-possess the Cattle;
        7. The Co-Operative consents to any enrollment of the Cattle in any type of business risk management program by the Producer; and
        8. Any other terms of conditions set out in the Program Guidelines.

      42.1 Subject to section 43.1 of this OIC, a Producer shall not Produce Cattle unless the Producer has a Feeding Agreement in place with a Co-Operative.

      Custom Feeding Agreements

      43.

      1. A Co-Operative does not have to enter a Feeding Agreement with each Producer it has issued a Purchase Order that sets out how the Producer is to Produce Cattle if the Co-Operative enters a Custom Feeding Agreement with a Producer that it has issued a Purchase Order and a Custom Feeder that sets out how the Producer and the Custom Feeder will Produce Cattle.
      2. The Custom Feeding Agreement will set out the terms and conditions in which the Producer and the Custom Feeder will Produce Cattle, including:
        1. The location in which the Custom Feeder will Produce Cattle;
        2. The duration of the Custom Feeding;
        3. The weight, if any, in which the Cattle are to reach under the Custom Feeding;
        4. Where the Producer and Custom Feeder will Produce Cattle via Member Custom Feeding, the way in which the Producer’s Cattle will be differentiated from other Cattle being produced by the Custom Feeder;
        5. An acknowledgement and agreement by the Producer and the Custom Feeder that any debt arising from the Custom Feeding is owed by the Producer to the Custom Feeder and not the Co-Operative;
        6. An acknowledgement and agreement by the Producer and the Custom Feeder that all legal, beneficial and equitable ownership of the Cattle is to remain with the Co-Operative;
        7. What, if any, inspection rights the Co-Operative will have regarding the Cattle;
        8. The Custom Feeder is to Produce Cattle so the Cattle remain healthy;
        9. The Custom Feeder is to have insurance covering its operations;
        10. The Producer and the Custom Feeder are to indemnify the Co-Operative;
        11. A requirement that the Custom Feeder is to notify the Co-Operative within the timelines set out in the Program Guidelines if the Producer does not pay the Custom Feeder for their services when payment is due;
        12. The grounds in which the Co-Operative may re-possess the Cattle;
        13. The Co-Operative consents to any enrollment of the Cattle in any type of business risk management program by the Producer; and
        14. Any other terms of conditions the Minister sets out in the Program Guidelines.

      43.1 A Producer may Produce Cattle without entering into a Feeding Agreement with the Co-Operative if that Producer enters into a Custom Feeding Agreement in accordance with the terms and conditions of this OIC.

      43.2

      1. A Producer shall not Produce Cattle via a Custom Feeding Agreement where the Co-Operative is not a party to that Custom Feeding Agreement.
      2. For greater certainty, where a Producer enters a Custom Feeding Agreement with a Cross-Member Custom Feeder, both the Producer’s Co- Operative and the Cross-Member Custom Feeder’s Co-Operative shall sign the Custom Feeding Agreement.
    1. The following is added as section 43.3 to the Previous Order and placed immediately after the sub-title “Selling Cattle”:

      43.3 A Custom Feeder shall not encumber or sell any Cattle subject to a Custom Feeding Agreement.

    Part 6 – Amendments to Part Ix of The Previous Order

    1. The title to Part IX of the Previous Order is revoked and replaced with the following:

      Part Ix – Process Where There Has Been a Default Under a Purchase Order, Feeding Agreement or Custom Feeding Agreement Under the Ontario Feeder Cattle Loan Guarantee Program

    1. The sub-title “Default On Paying Money Owing Under Purchase Order” in Part IX of the Previous Order is revoked and replaced with the following:

      Default On Paying Money Owing Under Purchase Order Or Custom Feeding Agreement

    1. Section 50 of the Previous Order is amended by adding the words “or Custom Feeding Agreement” between the words “Purchase Order,” and “the Co-Operative”.
    2. Section 52(6) of the Previous Order is amended by striking out the reference to “53” and replacing it with a reference to “54”.
    3. Section 53(1) of the Previous Order is amended by striking out the words “any amount” to the words “the Co-Operative shall” and replacing them with the following words: “the amount owing to the Co-Operative to cover the principal and Interest owing on the Loan relating to the Purchase Orders in which the Cattle were re-possessed as well as the costs the Co-Operative incurred in re-possessing the Cattle the Co-Operative shall:
    4. Section 53(1) of the Previous Order is renumbered to section 53.
    5. Section 53(2) of the Previous Order is revoked.
    6. The sub-title “Default Of Feeder Agreement” in Part IX of the Previous Order is revoked and replaced with the following:

      Default Of Feeding Agreement Or Custom Feeding Agreement

    7. Section 56 of the Previous Order is amended by adding the words “or Custom Feeding Agreement” between the words “Feeder Agreement” and “on grounds”.
    8. Section 56 of the Previous Order is renumbered to section 56(1).
    9. The following is added as section 56(2) to the Previous Order:
      1. If a Custom Feeder commits an event of default under a Custom Feeding Agreement or requests the Co-Operative to re-possess the Cattle, the Co- Operative may re-possess the Cattle under any Custom Feeding Agreement the Producer and the Co-Operative have with the Custom Feeder that committed the event of default if the Co-Operative is of the opinion that:
        1. The Producer who signed the Custom Feeding Agreement is not able to Produce Cattle; or
        2. It is in the best interests of the health or welfare of the Cattle that they be immediately re-possessed.
    10. Section 57 of the Previous Order is amended by striking out the reference to “section 56” and replacing it with a reference to “sections 56(1) or 56(2)”.

    Part 7 – Amendments to Part Xii of The Previous Order

    1. Section 80(1) of the Previous Order is amended by adding the words “and Custom Feeders” after the word “Producers”.
    2. Section 80(2) of the Previous Order is amended by adding the words “and Custom Feeders” after the word “Producers”.
    3. Section 80(3) of the Previous Order is revoked and replaced with the following:
      1. Producers and Custom Feeders shall consent to the Minister, the Auditor General or the Administrator, if the Minister has appointed an Administrator for the Program, as well as their respective delegates or representative, carrying out, from time to time, audits to confirm the Producer or Custom Feeder’s compliance with the terms and conditions of this OIC, the Program Guidelines, Purchase Orders issued to a Producer, Feeder Agreements entered with the Producer or Custom Feeding Agreements entered with the Custom Feeder.
    4. Section 80(4) of the Previous Order is amended by adding the words “and Custom Feeders” after the word “Producers”.
    5. Section 80(5) of the Previous Order is amended by adding the words “and Custom Feeders” after the word “Producers”.

    Part 8 – General Amendment to Previous Order

    1. The Previous Order is amended by striking out all references to “Feeder Agreement” or “Feeder Agreements” and replacing it with a reference to “Feeding Agreement” or “Feeding Agreements”, as the case may be.

    Part 9 – Transition

    1. The Previous Order applies to any matters arising thereunder prior to when this Order comes into effect.

    This Order comes into effect on the day after Bill 46, Less Red Tape, Stronger Ontario Act, 2023 receives Royal Assent.

Ministry of Agriculture, Food and Rural Affairs

Approved and Ordered: February 09, 2023