This act, mirroring key provisions of the Ontario Liquor Control Act, establishes a public food retailer and the Board that governs it. The purpose of the Act is to establish a network of public food retail outlets that provide affordable, nourishing food to under-served neighbourhoods. The Board would report to the Minister of Health regarding food and diet related impacts and the Minister of Finance regarding financing, costs and revenues.
Some key provisions include:
Power and purposes of Board
3 (1) The purposes of the Board are, and it has power,
(a) to buy, import and have in its possession for sale, and to sell, food and household products ;
(b) to make provision for the maintenance of warehouses for food and to control the keeping in and delivery from any such warehouses;
(d) to establish government stores for the sale of food to the public;
(e) to authorize persons to operate government stores for the sale of food to the public;
(f) to determine the standards for food to be kept for sale at government stores and maintain standards therefor;
(g) to determine the nature, form and capacity of all packages to be used for containing food to be kept or sold and to administer or participate in such waste management programs for food and packaging as the Ministers may direct;
(h) to lease or, subject to the approval of the Lieutenant Governor in Council, to purchase such land and buildings and erect such buildings as are necessary for the purposes of the Board;
(h.1) to sell, lease or otherwise dispose of land and buildings;
(i) to promote sustainability, equity and health in connection with food sold within public outlets;
(r) to do all things necessary for the management and operation of the Board in the conduct of its business;
Prices
(1.1) The Board’s purposes and powers also include, and are deemed always to have included, the purpose and power to fix the prices at which the various foods are to be sold, and such prices shall be the same at all government stores
Additional powers of Board
(2) The Board has the power to establish conditions with respect to,
(a) subject to any regulation, authorizations for government stores under clause (1) (e);
(b) subject to any regulation, authorizations granted by the Board with respect to the transportation and delivery of food;
(c) subject to any regulation, authorizations granted by the Board with respect to the maintenance of warehouses for food and the keeping in and delivery from any such warehouses; and
Power of Board to borrow
(3) The Board has the power to borrow money on its credit, subject to the approval in writing of the Minister of Finance.
Terms and conditions
(4) An approval under subsection (3) may be subject to such terms and conditions as the Minister of Finance considers advisable.
Borrowing, capital expenditures
(5) Despite subsection 5 (1), if the Board proposes to undertake a major capital expenditure, it shall borrow the necessary funds in accordance with this section.
Major capital expenditure
(6) An expenditure is a major capital expenditure for the purposes of this section in either of the following circumstances:
- If it satisfies the prescribed criteria.
- If the Minister notifies the Board in writing that the expenditure is a major capital expenditure for the purposes of this Part.
Chief executive officer
4.0.1 (1) Subject to the approval of the Minister, the Board shall appoint a person to be the chief executive officer of the Board to be responsible for its operation and for the performance of such other functions as are assigned by the Board.
Attend meetings
(2) The chief executive officer may attend and participate at any meeting of the Board but shall not have a vote with respect to any matter to be decided at the meeting.
Staff
4.0.2 (1) The Board may appoint such officers, inspectors and employees and retain such assistance as is considered necessary and may, subject to the approval of the Lieutenant Governor in Council, establish job categories, salary ranges and conditions of employment.
Approval by Minister
(2) Despite subsection (1), job categories, salary ranges and conditions of employment of officers, inspectors and employees appointed by the Board who are not members of a bargaining unit, as defined in the Labour Relations Act, 1995, must be approved by the Minister and not by the Lieutenant Governor in Council. 2
Pension plan
(3) The Board shall be deemed to have been designated by the Lieutenant Governor in Council under the Public Service Pension Act as a board whose permanent and full time probationary staff are required to be members of the Public Service Pension Plan.
Payment of costs from revenues
5 (1) All expenses incurred and expenditures made by the Board in the conduct of its affairs shall be paid out of the revenues of the Board.
Payments into Consolidated Revenue Fund
(2) The Board’s net profits shall be determined and paid into the Consolidated Revenue Fund at such times and in such manner as the Lieutenant Governor in Council may direct.
Financial reports
(4) The Board shall give the Minister of Finance, at the times required by the Minister, reports setting out the net profit and net profit forecasts of the Board and containing such additional financial information as the Minister may request.
Regulations
8 (1) The Lieutenant Governor in Council may make regulations,
(a) governing the purchase, distribution and sale of food;
(b) governing the keeping, storage or transportation of food;
(c) governing the operations of government stores or classes of government stores;
(d) governing the standards of food to be kept for sale at government stores or classes of government stores;
(d.1) governing the prices at which the various foods are to be sold at government stores or classes of government stores;
(e) governing the issuance of authorizations for government stores by the Board;
(f) prescribing the conditions that apply to authorizations for government stores or to authorizations for classes of government stores;
Power to make regulations governing prices
(2) The authority to make regulations governing the prices at which food is sold in government stories.
