ontario regulation 377/25

made under the

Protecting Farmers from Non-Payment Act (Regulating Agricultural Product Dealers and Storage Operators), 2023

Made: December 15, 2025
Filed: December 17, 2025
Published on e-Laws: December 17, 2025
Published in The Ontario Gazette: January 3, 2026

GRAIN

CONTENTS

 

General

Definitions

1. (1) For the purposes of the Act,

“grain” means barley, beans, canola, corn, mixed grains, oats, oil seeds, soybeans or wheat.

(2) In this Regulation,

“AgriCorp” means the corporation established under section 1 of the AgriCorp Act, 1996; (“AgriCorp”)

“business day” means Monday to Friday, excluding holidays; (“jour ouvrable”)

“deferred payment arrangement” means, with respect to an agreement under section 6 of the Act to purchase or sell a designated grain crop, an arrangement in which title to the crop passes from the producer to the dealer, the price for the crop is agreed to and payment is deferred until the date agreed to by the producer and dealer; (“arrangement de paiement différé”)

“delayed price contract” means an agreement under section 6 of the Act to purchase or sell a designated grain crop in which title to the crop passes from the producer to the dealer and the final price for some or all of the crop is determined in accordance with the agreement at a later date by any means, including on a basis; (“contrat de prix différé”)

“designated grain crop” means a class of grain designated under section 3 or 5, but does not include seed grains; (“récolte de grain désigné”)

“elevator operator” means a storage operator who engages in the business of storing grain; (“exploitant d’élévateur”)

“grain corn” means corn other than sweet corn or popping corn; (“maïs-grain”)

“weigh ticket” means a receipt described in clause 16 (1) (a) of the Act with respect to the storage of grain. (“billet de pesée”)

Non-application, certain storage facilities

2. This Regulation does not apply with respect to a storage facility,

(a) where a producer receives or stores grain as farm feed solely for the producer’s own livestock or poultry;

(b) where a producer stores and sells grain solely produced by the producer; or

(c) that is a “process elevator” or “terminal elevator”, as defined in the Canada Grains Act, and that is licensed under any Act of the Parliament of Canada.

Part IV designated product

3. The following classes of grain are designated as Part IV designated products:

1. Canola.

2. Grain corn.

3. Soybeans.

4. Wheat.

Part V designated product

4. Grain is designated as a Part V designated product.

Part VII designated product

5. The following classes of grain are designated as Part VII designated products:

1. Canola.

2. Grain corn.

3. Soybeans.

4. Wheat.

Designation of delegated authority

6. AgriCorp is designated as the delegated authority for the purposes of the Act to administer the following provisions with respect to grain:

1. Sections 5 to 21, 41, 54 to 68, 70 to 78, 106 and 107 of the Act.

2. Sections 11 to 36, 53, 54, 56 to 58 and 62 of this Regulation.

Funds continued

7. The following funds, as continued by Ontario Regulation 70/12 (Payments from Funds for Grain Producers) made under the Farm Products Payments Act, are continued:

1. The fund for producers of canola, known as the Fund for Canola Producers.

2. The fund for producers of grain corn, known as the Fund for Grain Corn Producers.

3. The fund for producers of soybeans, known as the Fund for Soybean Producers.

4. The fund for producers of wheat, known as the Fund for Wheat Producers.

Grain Financial Protection Board

Grain Financial Protection Board continued

8. The Grain Financial Protection Board, as continued by Ontario Regulation 70/12 (Payments from Funds for Grain Producers) made under the Farm Products Payments Act, is continued for the purpose of administering the funds listed in section 7.

Agricultural industry groups to be represented on Board

9. For the purposes of the Minister’s appointment of board members, the following agricultural industry groups shall be represented on the Grain Financial Protection Board by at least one individual:

1. Ontario Agri Business Association.

2. Grain Farmers of Ontario.

3. Ontario Canola Growers Association.

Expenses payable by Grain Financial Protection Board

10. (1) For the purposes of paragraph 2 of section 44 of the Act, the expenses described in subsections (2) and (3) are prescribed as expenses for which payment from the applicable fund listed in section 7 is to be made.

(2) Expenses incurred in relation to the following regulatory matters with respect to grain are prescribed, less any amounts covered by fees paid in connection with an application for a licence, renewal of a licence or a shortfall permit:

1. Licensing under the Act, including,

i. the issuance of or refusal to issue a licence,

ii. the renewal of or refusal to renew a licence,

iii. the suspension of a licence,

iv. the revocation of a licence, and

v. the imposition of conditions on a licence.

2. The determination of the amount of security a person is required to provide to the Director, if any.

3. Hearings before the Director in connection with licensing under the Act.

4. The issuance of or the refusal to issue a shortfall permit.

5. The issuance of any orders under the Act.

6. The carrying out of any orders under section 68 (1) of the Act.

7. Inspections under the Act.

8. Actions taken to determine whether a person should be referred for potential prosecution of an offence under the Act.

9. Communications and educational activities.

(3) Expenses incurred in relation to the following matters with respect to the funds are prescribed:

1. The administration of the funds.

2. The investigation of claims for payment from the funds.

3. The adjudication of claims for payment from the funds.

4. The recovery of money the Board may be entitled to receive under the Act.

5. Communications and educational activities.

6. Legal fees associated with anything in paragraphs 1 to 5.

(4) Despite subsections (2) and (3), the Board is not required to pay,

(a) expenses related to appeals to the Tribunal respecting any regulatory matters described in subsection (2) and any subsequent appeals;

(b) expenses related to judicial reviews respecting any matters described in subsection (2) and any subsequent appeals;

(c) expenses related to prosecution of offences under the Act and any subsequent appeals;

(d) expenses related to judicial reviews of the Board’s decision to grant or refuse the payment of claims under the Act or expenses related to any subsequent appeals; or

(e) legal fees associated with any matters described in subsection (2) or this subsection.

(5) If money in the funds is insufficient to pay all claims for payment that the Board determined to be valid as well as the expenses described in subsections (2) and (3), the Board shall first pay the claims for payment before it pays the expenses.

Licensing, Dealers

Application for dealer’s licence or renewal

11. (1) The following provisions of Ontario Regulation 260/97 (General) made under the Grains Act, as it read immediately before it was revoked, apply with respect to applications for a dealer’s licence or renewal of a dealer’s licence:

1. Subsections 13 (1) to (3) and 14 (1) and (2).

2. Section 18, as it applies to the renewal of a licence.

(2) The provisions listed in subsection (1) apply with necessary modifications, including the following:

1. A reference to the chief inspector under the Grains Act shall be read as a reference to the Director under the Act.

2. The term “financial responsibility” in Ontario Regulation 260/97 shall be read as “financial security”.

Application fee

12. (1) For the purposes of section 55 of the Act, the prescribed fee for a dealer’s licence is $100.

(2) For the purposes of clause 57 (2) (a) of the Act, the prescribed fee for renewal of a dealer’s licence is $100.

Licensing, Elevator Operators

Application for elevator operator’s licence or renewal

13. (1) The following provisions of Ontario Regulation 260/97 (General) made under the Grains Act, as it read immediately before it was revoked, apply with respect to applications for an elevator operator’s licence or renewal of an elevator operator’s licence:

1. Subsections 2 (1) to (3).

(2) The provisions listed in subsection (1) apply with necessary modifications, including the following:

1. A reference to the chief inspector under the Grains Act shall be read as a reference to the Director under the Act.

Application fee

14. (1) For the purposes of section 55 of the Act, the prescribed fee for an elevator operator’s licence is,

(a) $75 if, at the time of making the application the elevator operator has a storage capacity of 5,000 tonnes of grain or less;

(b) $150 if, at the time of making the application the elevator operator has a storage capacity of greater than 5,000 tonnes of grain and less than 25,000 tonnes of grain; or

(c) $225 if, at the time of making the application the elevator operator has a storage capacity of 25,000 tonnes of grain or more.

(2) For the purposes of clause 57 (2) (a) of the Act, the prescribed fee for renewal of an elevator operator dealer’s licence is,

(a) $75 if, at the time of making the application the elevator operator has a storage capacity of 5,000 tonnes of grain or less;

(b) $150 if, at the time of making the application the elevator operator has a storage capacity of greater than 5,000 tonnes of grain and less than 25,000 tonnes of grain; or

(c) $225 if, at the time of making the application the elevator operator has a storage capacity of 25,000 tonnes of grain or more.

Conditions

15. For the purposes of clause 58 (2) (b) of the Act, the following conditions are required to be imposed on every elevator operator’s licence:

1. The licensed elevator operator shall display a copy of their licence at each elevator identified in their licence.

2. The licensed elevator operator shall direct their insurer to notify the Director, in writing, immediately of any lapse, termination or other alteration of the contract of insurance obtained as required under subsection 18 (1) of the Act.

3. The licensed elevator operator shall immediately notify the Director, in writing, of any changes in the nature and form of ownership or changes to the control of their business.

Licence Registry

Licence registry

16. (1) The Director shall establish a licence registry for licensed dealers and licensed elevator operators known as the Licensed Dealer and Licensed Elevator Operator Registry in English and Registre des marchands et des exploitants d’élévateur titulaires d’un permis in French.

(2) The Director shall make the Registry publicly available on AgriCorp’s website.

(3) The Registry shall include the following information about every licensed dealer:

1. The dealer’s legal name, the name of their business and any other name that is registered to them under the Business Names Act.

2. The name of the individual primarily associated with the licence.

3. The mailing address of the dealer’s business.

4. Any order to pay an administrative penalty respecting the dealer’s contravention of subsection 5 (1) or section 7 of the Act that was not appealed to the Tribunal or that was confirmed by the Tribunal following an appeal.

(4) The Registry shall include the following information about every licensed elevator operator:

1. The elevator operator’s legal name, the name of their business and any other name that is registered to them under the Business Names Act.

2. The name of the individual primarily associated with the licence.

3. The mailing address of the elevator operator’s business.

4. Any order to pay an administrative penalty respecting the elevator operator’s contravention of subsection 10 (1) or section 12 of the Act that was not appealed to the Tribunal or that was confirmed by the Tribunal following an appeal.

(5) The Director shall keep the Registry up to date by implementing any necessary changes as soon as circumstances permit.

Agreements to Purchase or Sell Designated Grain Crops

Agreement under s. 6 of the Act

17. Sections 18 to 27 apply to an agreement to purchase or sell a designated product under which a dealer purchases a designated grain crop from a producer or sells or offers for sale a designated grain crop on behalf of a producer.

Content of agreement

18. (1) An agreement referred to in section 17 must contain the following information to the extent the information is available on the day the agreement is entered into:

1. The names and addresses of the parties to the agreement.

2. The dealer’s licence number.

3. The date of the purchase or sale.

4. The class of the designated grain crop.

5. The grade of the designated grain crop or other description of the quality of the designated grain crop.

6. The weight of the designated grain crop.

7. The purchase or sale price for the designated grain crop or how the purchase or sale price is to be determined.

8. The date of payment for the purchase or sale.

9. The fees payable to the Board under subsection 41 (1) of the Act.

(2) If information mentioned in subsection (1) is not available on the day the agreement is entered into, the dealer shall provide that information, as soon as it becomes available, to the producer with whom the dealer has entered into the agreement.

When payment due

19. In the case of an agreement that is not a delayed price contract and does not include a deferred payment arrangement, the dealer shall ensure that the producer receives payment for the purchase of the designated grain crop,

(a) if the crop is sold from storage, by 2 p.m. on the fifth business day after the date of the sale; or

(b) if the crop is not sold from storage, by the 10th business day after the date the crop is delivered to the dealer.

When payment due, delayed price contract

20. If a dealer and a producer enter into a delayed price contract, payment under the contract shall be due as follows:

1. If the designated grain crop is sold from storage, 60 per cent of the market price of the crop must be paid by 2 p.m. on the fifth business day after the date of the sale.

2. If the designated grain crop is not sold from storage, 60 per cent of the market price of the crop must be paid by the 10th business day after the date the crop is delivered to the dealer.

3. The balance of the unpaid amount must be paid on the day the producer prices the crop to close out the contract.

Deferred payment arrangement

21. (1) For the purposes of subsection 7 (3) of the Act, a dealer and a producer may enter into an agreement referred to in section 17 that includes a deferred payment arrangement.

(2) For greater certainty, a delayed price contract may include a deferred payment arrangement.

Method of payment

22. For the purposes of subsection 7 (2) of the Act, payments shall be made at the option of the producer,

(a) by mail;

(b) personally at the dealer’s place of business; or

(c) as may be agreed on by the producer and the dealer.

Title transfer, delayed price contract

23. For the purposes of clause 17 (4) (b) of the Act, if a dealer who is also an elevator operator enters into a delayed price contract with respect to a designated grain crop that is stored with the elevator operator, property in and title to the crop transfers to the dealer when the dealer pays 60 per cent of the market price of the crop.

Title transfer, deferred payment arrangement

24. For the purposes of clause 17 (4) (b) of the Act, if a dealer who is also an elevator operator enters into a deferred payment arrangement with respect to a designated grain crop that is stored with the elevator operator, property in and title to the crop transfers to the dealer when the producer and elevator operator enter into the agreement referred to in section 17.

Fees payable to Board, remittance

25. (1) For the purposes of subsection 41 (1) of the Act, the prescribed fees are the following:

1. 20 cents per tonne of canola.

2. 0.1 cent per tonne of grain corn.

3. 10 cents per tonne of soybeans.

4. 5 cents per tonne of wheat.

(2) A dealer shall deduct the fee mentioned in subsection (1) from the amount payable with respect to the sale of a designated grain crop and shall remit the fee in accordance with subsection (3).

(3) A dealer required to remit a fee under subsection (1) shall, on or before the 15th day of each month, remit the fee payable with respect to the dealer’s sales of a designated grain crop during the previous month to,

(a) in the case of a sale of canola, the Ontario Canola Growers Association for remission to the Grain Financial Protection Board; or

(b) in the case of a sale of grain corn, soybeans or wheat, the Grain Farmers of Ontario for remission to the Board.

Exemption, fees

26. A producer is exempt from section 41 (1) of the Act with respect to designated grain crops produced outside of Ontario.

Records

27. A dealer shall keep a copy of all agreements referred to in section 17 for at least two years after the dealer made the final payment under the agreement.

Storage of Grain

Agreement to store grain

28. (1) An agreement under section 11 of the Act shall include a requirement for the elevator operator to,

(a) provide the owner with a written storage summary that contains the information mentioned in subsection 31 (1) within the time period mentioned in subsection 31 (2); and

(b) if the grain is released from storage, provide the owner with an updated storage summary that contains details of the release.

(2) After grain that is the subject of an agreement is released from storage, the agreement governs only the grain remaining in storage.

(3) The agreement must be signed by,

(a) the elevator operator or an individual authorized by the elevator operator to sign on behalf of the elevator operator; and

(b) the owner of the grain or an individual authorized by the owner to sign on behalf of the owner.

Exemption, weigh ticket

29. An elevator operator is exempt from subsection 11 (1) of the Act in respect of the storage of a particular lot of grain for an owner if the following conditions are met:

1. The elevator operator provides the owner with a weigh ticket that contains the information mentioned in section 30 for each load of grain delivered.

2. The elevator operator provides the owner with a written storage summary that contains the information mentioned in subsection 31 (1) within the time period mentioned in subsection 31 (2).

3. If grain is released from storage, the elevator operator provides the owner with an updated storage summary that contains details of the release.

Weigh ticket

30. For the purposes of subsection 16 (2) of the Act, a weigh ticket must include the following information:

1. The name and business address of the elevator operator.

2. The name and business address of the grain’s owner.

3. The delivery date.

4. Whether the grain is barley, beans, canola, corn, mixed grains, oats, oil seeds, soybeans or wheat.

5. The grain’s grade and dockage.

6. The grain’s net weight.

7. If applicable, the grain’s gross weight or tare weight.

8. The grain’s moisture content.

9. An indication of whether the grain is for storage, sale or any other specified use.

10. A unique serial number.

11. The name and signature of the person issuing the weigh ticket on behalf of the elevator operator.

Storage summary

31. (1) A storage summary must contain the following information respecting any grain the owner has stored with the elevator operator:

1. The name, business address and licence number of the elevator operator.

2. The name and business address of the grain’s owner.

3. Each delivery date.

4. Whether the grain is barley, beans, canola, corn, mixed grains, oats, oil seeds, soybeans or wheat.

5. The grade and net weight of each grain listed under paragraph 4, as applicable.

6. The serial number of each weigh ticket issued in respect of the grain.

7. If the grain is accepted for storage as fungible goods, a statement to that effect.

8. If the grain is accepted for storage other than as fungible goods, a statement indicating what has been agreed to with respect to releasing the grain from storage.

9. The name and signature of the person providing the storage summary on behalf of the elevator operator.

(2) A storage summary shall be provided,

(a) if the owner requests the summary, no later than five days after the request; or

(b) if the owner does not request the summary, no later than 45 days after delivery of the first load of grain in a lot.

Shortfall permits

32. (1) The Director may issue a permit under subsection 16 (6) of the Act if the elevator operator,

(a) provides the Director with a completed shortfall permit form that contains,

(i) the elevator operator’s contact information,

(ii) information about the elevator operator’s elevator or elevators,

(iii) the requested start date and end date for the permit, and

(iv) information about the shortfall and the reasons for the shortfall;

(b) provides the Director with security equal to the fair market value of the grain to be covered by the permit; and

(c) pays a $300 fee.

(2) A shortfall permit shall specify its start date and end date.

(3) A shortfall permit shall cover a period that is not shorter than the period requested by the applicant and not longer than 30 days.

(4) Despite subsection (3), a shortfall permit whose start date is on or after September 15 and on or before December 5 in a year shall specify an end date that is not earlier than the end date requested by the applicant and not later than January 5 of the following year.

(5) The security mentioned in clause (1) (b) shall be provided to the Director for a period covering the term of the permit plus 90 days and shall be in the form of an irrevocable letter of credit issued by,

(a) a bank listed in Schedule I or II of the Bank Act (Canada);

(b) a credit union within the meaning of the Credit Unions and Caisses Populaires Act, 2020; or

(c) a trust corporation registered under the Loan and Trust Corporations Act.

(6) If, during the term of the permit, the market value of the grain covered by the permit increases by 25 per cent or more, the Director may require the elevator operator to provide additional security that is equal to the amount of the increase in the market value of the grain.

(7) The Director shall release any security provided under this section as soon as reasonably possible after the earlier of,

(a) the day the Director is satisfied that the operator has replaced the shortfall in the grain to which the permit relates; and

(b) 90 days after the permit expires.

(8) Despite subsection (7), the Director may retain the security if the elevator operator agrees.

Records

33. An elevator operator shall keep a copy of the following records for at least two years after the operator has released the grain:

1. All agreements entered into under section 11 of the Act.

2. All weigh tickets organized into separate accounts for each owner and in numerical sequence according to serial number.

3. All storage summaries.

Insurance

Loss, damage re perils

34. Loss or damage caused by the following perils are prescribed for the purposes of subsection 18 (1) of the Act:

1. Explosion.

2. Fire.

3. Hail.

4. Lightning.

5. Windstorm.

Contract of insurance, terms and conditions

35. The following terms and conditions are prescribed for the purposes of subsection 18 (4) of the Act:

1. The insurer shall immediately notify the Director, in writing, of any changes to the contract of insurance, including, without limitation, any lapses in coverage or termination of coverage.

2. The insurer shall immediately notify the Director, in writing, of any claims made under the contract of insurance.

3. The insurer shall make payments under the contract of insurance to the owners of the grain stored with the elevator operator as their interests may appear in priority to any claim by the elevator operator or any person acting as assignee or representative of the elevator operator.

4. The insurer shall not make any payment under the contract of insurance without the Director’s consent.

Information provided to the Director

36. (1) After an elevator operator’s insurance contract comes into effect, the elevator operator shall submit to the Director, in writing, the following information:

1. The market value of all of the grain that the elevator operator has stored.

2. A certificate of insurance, including the coverage limit of the insurance contract.

(2) The elevator operator shall provide an updated certificate of insurance after any change to the contract of insurance.

(3) The elevator operator shall immediately submit information to the Director respecting any loss or damage mentioned in section 34.

Claims

Time for payment

37. For the purposes of clause 46 (1) (a) of the Act, the prescribed time is 15 days after the day the price becomes payable.

Timing for submitting claims

38. For the purposes of section 47 of the Act, a producer or owner of a designated grain crop who wishes to make a claim for payment out of the applicable fund listed in section 7 shall submit the claim to the Grain Financial Protection Board within 30 days after the first day on which grounds for making the claim arose.

Notice of claims

39. The Grain Financial Protection Board shall provide written notice of any claims that it receives to the Director and to the dealer or elevator operator in respect of whom the claim is made.

Assessment of claims re dealers

40. (1) The Grain Financial Protection Board may refuse to pay a claim made under subsection 46 (1) of the Act for payment out of the applicable fund listed in section 7 in respect of a dealer if,

(a) the claim was made in respect of a dealer who was not licensed;

(b) the claimant did not submit the claim within the time set out in section 38;

(c) the claimant received a payment from the dealer in a form that must be deposited but the claimant failed to deposit the payment within five business days and the deposit was declined or failed;

(d) the agreement made under section 6 of the Act between the claimant and the dealer for the designated grain crop in respect of which the claim is made did not comply with the Act or this Regulation;

(e) the claimant did not promptly notify the Director of the dealer’s failure to pay;

(f) the claimant had reason to believe, but failed to promptly notify the Director, that the dealer who purchased the designated grain crop,

(i) ceased to carry on business,

(ii) made a proposal under the Bankruptcy and Insolvency Act (Canada) or the Companies’ Creditors Arrangement Act (Canada), or

(iii) had all or any part of their assets placed in the hands of a trustee for distribution under the Bankruptcy and Insolvency Act (Canada) or in the hands of a receiver for distribution pursuant to a debenture or like instrument;

(g) the claimant made an arrangement with the dealer to evade the payment of fees or otherwise did not pay fees required under section 25; or

(h) it would be inequitable in the circumstances to pay the claim because,

(i) there is or was an association between the claimant and the dealer, and

(ii) the conduct of the claimant or, if the claimant is a corporation, the conduct of an officer or director of the claimant or that of a person having power to direct the claimant’s management, caused the failure to pay.

(2) When determining whether to refuse to pay a claim under clause (1) (a), the Board shall consider whether the claimant knew the dealer was, at the time of the sale, unlicensed on account of the expiry, suspension, revocation or non-renewal of their licence.

(3) When determining whether to refuse to pay a claim under clause (1) (b), the Board shall consider whether the claim for payment was submitted in substantial conformity with section 38.

Refusals re insolvency

41. The Board shall refuse to pay a claim made under subsection 46 (1) of the Act for payment out of the applicable fund listed in section 7 unless,

(a) for the purpose of any insolvency proceeding respecting the dealer in respect of whom the claim was made, the claimant assigns to the Board all of the claimant’s rights to the amount claimed;

(b) the claimant agrees to take all reasonable steps to preserve any claim the claimant may have in any insolvency proceeding respecting the dealer; and

(c) the claimant agrees to promptly provide the Board with any notices it receives in any insolvency proceeding respecting the dealer.

Other refusals

42. The Board shall refuse to pay a claim made under subsection 46 (1) of the Act for payment out of the applicable fund listed in section 7 if,

(a) the claim is in relation to a deferred payment arrangement and payment for the designated grain crop was,

(i) in the case of designated grain crop sold from storage, deferred by more than 180 days after the fifth business day following the sale, or

(ii) in the case of designated grain crop not sold from storage, deferred by more than 180 days after the 10th business day following the sale; or

(b) the claim is in respect of a designated grain crop that was not produced in Ontario.

Assessment of claims re elevator operators

43. (1) The Grain Financial Protection Board may refuse to pay a claim made under subsection 46 (2) of the Act for payment out of the applicable fund listed in section 7 in respect of an elevator operator if,

(a) the claim was made in respect of an operator who was not licensed;

(b) the claimant did not submit the claim within the time set out in section 38;

(c) the claimant is a producer but is not the producer of the designated grain crop in respect of which the claim was made;

(d) the agreement made under section 11 of the Act between the claimant and the elevator operator for the designated grain crop in respect of which the claim is made did not comply with the Act or this Regulation;

(e) the claimant failed to promptly notify the Director that the claimant did not receive the designated grain crop from the operator upon demand;

(f) the claimant had reason to believe, but failed to promptly notify the Director, that the elevator operator who stored the designated grain crop,

(i) ceased to carry on business,

(ii) made a proposal under the Bankruptcy and Insolvency Act (Canada) or the Companies’ Creditors Arrangement Act (Canada), or

(iii) had all or any part of their assets placed in the hands of a trustee for distribution under the Bankruptcy and Insolvency Act (Canada) or in the hands of a receiver for distribution pursuant to a debenture or like instrument; or

(g) it would be inequitable in the circumstances to pay the claim because,

(i) there is or was an association between the claimant and the elevator operator, and

(ii) the conduct of the claimant or, if the claimant is a corporation, the conduct of an officer or director of the claimant or that of a person having power to direct the claimant’s management, caused the failure to deliver the designated grain crop to the owner.

(2) When determining whether to refuse to pay a claim under clause (1) (a), the Board shall consider whether the claimant knew the elevator operator was, at the time of the storage, unlicensed on account of the expiry, suspension, revocation or non-renewal of their licence.

(3) When determining whether to refuse to pay a claim under clause (1) (b), the Board shall consider whether the claim for payment was submitted in substantial conformity with section 38.

Refusals re insolvency

44. The Board shall refuse to pay a claim made under subsection 46 (2) of the Act for payment out of the applicable fund listed in section 7 unless,

(a) for the purpose of any insolvency proceeding respecting the elevator operator in respect of whom the claim was made, the claimant assigns to the Board all of the claimant’s rights to the amount claimed;

(b) the claimant agrees to take all reasonable steps to preserve any claim the claimant may have in any insolvency proceeding respecting the elevator operator; and

(c) the claimant agrees to promptly provide the Board with any notices it receives in any insolvency proceeding respecting the elevator operator.

Other refusals

45. The Board shall refuse to pay a claim made under subsection 46 (2) of the Act for payment out of the applicable fund listed in section 7 if the claim is in respect of a designated grain crop that was not produced in Ontario.

Payment of claims re dealers — limitations

46. (1) Subject to section 48, in the case of a claim made by a producer under subsection 46 (1) of the Act, the Grain Financial Protection Board shall pay an amount in respect of the portion of the claim that it determines to be valid out of the applicable fund listed in section 7 in accordance with this section.

(2) The following rules apply with respect to amounts to be paid, subject to subsections (4) and (5):

1. If the claim is not a claim described in paragraph 2 or 3, the Board shall pay, in respect of the portion of the claim that it determines to be valid, 95 per cent of the amount of the claim.

2. If the claim relates to a designated grain crop sold under a delayed price contract, the Board shall pay, in respect of the portion of the claim that it determines to be valid, 95 per cent of the market price payable on the day the contract is closed out or deemed to be closed out under subsection (3), less the greater of,

i. 60 per cent of the market price of the designated grain crop on the day payment was made on account, and

ii. 60 per cent of the market price of the designated grain crop on the day the contract is closed out or considered to be closed out.

3. If the claimant is a producer who holds a dealer’s licence and the claimant has purchased grain before the day on which the grounds for making the claim arose, the Board shall pay, in respect of the portion of the claim that it determines to be valid, 95 per cent of the percentage determined in accordance with subsection (6).

(3) If a producer has not priced the designated grain crop to close out a delayed price contract on or before the first day on which the grounds arose for the producer to make a claim, the contract is deemed to be closed out on that day for the purposes of calculating the payment.

(4) In the case of a claim made in respect of a deferred payment arrangement for a designated grain crop that is sold from storage,

(a) if the payment or a portion of it is deferred by one to 45 days after the fifth business day following the day of sale, the Board shall pay 50 per cent of the amount determined under subsection (2) in respect of the payment or portion;

(b) if the payment or a portion of it is deferred by 46 to 90 days after the fifth business day following the day of sale, the Board shall pay 40 per cent of the amount determined under subsection (2) in respect of the payment or portion;

(c) if the payment or portion of it is deferred by 91 to 135 days after the fifth business day following the day of sale, the Board shall pay 30 per cent of the amount determined under subsection (2) in respect of the payment or portion; and

(d) if the payment or a portion of it is deferred by 136 to 180 days after the fifth business day following the day of sale, the Board shall pay 20 per cent of the amount determined under subsection (2) in respect of the payment or portion.

(5) In the case of a claim made under subsection 46 (1) of the Act in respect of a deferred payment arrangement for a designated grain crop that is not sold from storage,

(a) if the payment or a portion of it is deferred by one to 45 days after the 10th business day following the day of sale, the Board shall pay 50 per cent of the amount under subsection (2) in respect of the payment or portion;

(b) if the payment or a portion of it is deferred by 46 to 90 days after the 10th business day following the day of sale, the Board shall pay 40 per cent of the amount determined under subsection (2) in respect of the payment or portion;

(c) if the payment or a portion of it is deferred by 91 to 135 days after the 10th business day following the day of sale, the Board shall pay 30 per cent of the amount determined under subsection (2) in respect of the payment or portion; and

(d) if the payment or a portion of it is deferred by 136 to 180 days after the 10th business day following the day of sale, the Board shall pay 20 per cent of the amount determined under subsection (2) in respect of the payment or portion.

(6) If a claim is made by a claimant mentioned in paragraph 3 of subsection (2), the quantity of a designated grain crop in respect of which the Board shall pay the claim shall not exceed the percentage calculated in accordance with the following rules:

1. Determine the quantity of the designated grain crop produced by the claimant in their capacity as a producer.

2. Add the quantity of the designated grain crop purchased by the claimant in their capacity as a dealer to the amount determined under paragraph 1.

3. Divide the quantity in paragraph 1 by the amount in paragraph 2.

 Payment of claims re elevator operators — limitations

47. (1) Subject to section 48, in the case of a claim made by an owner under subsection 46 (2) of the Act, the Grain Financial Protection Board shall pay an amount in respect of the portion of the claim that it determines to be valid out of the applicable fund listed in section 7 in accordance with this section.

(2) Subject to subsections (3) and (4), the Board shall pay, in respect of the portion of the claim that it determines to be valid, 95 per cent of the market value of the designated grain crop on the day on which the grounds for making the claim arose.

(3) In the case of a claim made by an owner who holds an elevator operator’s licence and who has stored a designated grain crop for other owners before the day on which the grounds for making the claim arose, the Board shall pay, in respect of the portion of the claim that it determines to be valid, 95 per cent of the percentage determined in accordance with subsection (4).

(4) If a claim is made by a claimant mentioned in subsection (3), the quantity of a designated grain crop in respect of which the Board shall pay the claim shall not exceed the percentage calculated in accordance with the following rules:

1. Determine the quantity of the designated grain crop owned and stored by the claimant in their joint capacity as an owner and elevator operator.

2. Add the quantity of the designated grain crop stored by the claimant in their capacity as an elevator operator.

3. Divide the quantity in paragraph 1 by the amount in paragraph 2.

Payments under the Agricultural Marketing Programs Act (Canada)

48. In addition to amounts payable for a claim under section 46 or 47, the Grain Financial Protection Board may pay out of the applicable fund listed in section 7 the amount that the claimant was required to pay in respect of the designated grain crop under the Agricultural Marketing Programs Act (Canada), as a result of,

(a) the default of the dealer to make a payment to the producer in the case of a claim made under subsection 46 (1) of the Act, or

(b) the failure of the elevator operator to deliver the grain to the owner in the case of a claim made under subsection 46 (2) of the Act.

Payment from appropriate fund

49. The Grain Financial Protection Board shall pay a claim out of the fund that corresponds to the class of grain in respect of which the claim was made.

Notice of Board’s decision

50. The Grain Financial Protection Board shall give notice of a decision on a claim to the Director, the claimant and the dealer or elevator operator in respect of whom the claim was made.

Orders by Board to reimburse

51. For the purposes of subsection 52 (2) of the Act, the following additional information shall be included in an order to reimburse a claim:

1. A statement that the order to reimburse cannot be appealed.

2. A statement that the amount to be reimbursed is to be paid to the Grain Financial Protection Board.

3. A statement that the amount to be reimbursed, if unpaid by the date indicated in the order, will accrue interest at the rate determined under subsection 54 (12) of the Act.

4. A statement that steps could be taken to collect if the person fails to pay by the date indicated in the order.

5. A statement that an order made in English can be translated into French on request and an order made in French can be translated into English on request.

Order to pay costs associated with proceedings

52. For the purposes of subsection 52 (4) of the Act, the following additional information shall be included in an order to pay the costs of the Grain Financial Protection Board:

1. A statement that the order may be appealed within 15 days after it is issued, unless the Tribunal extends the time to appeal the order.

2. A statement that serving a notice of appeal operates as a stay of the order until the disposition of the appeal by the Tribunal.

3. The period within which payment must be made.

4. A statement that the costs owing under the order will accrue interest at a rate determined under subsection 54 (12) of the Act if the costs remain unpaid by the latter of,

i. the date set out in the order if there is no appeal to the Tribunal, or

ii. the date set out by the Tribunal, if there is an appeal to the Tribunal where the Tribunal confirms the decision or orders the appellant to pay a different amount.

5. A statement that steps could be taken to collect if the person fails to pay by the applicable date in paragraph 4.

6. A statement that an order made in English can be translated into French on request and an order made in French can be translated into English on request.

Miscellaneous

Agreement re inspectors, s. 65 (2) of the Act

53. For the purposes of subsection 65 (2) of the Act, the following information is prescribed:

1. The duties and responsibilities of the inspector.

2. Requirements for data sharing and data privacy.

3. The compensation of the inspector, if applicable.

4. The term of the inspector’s appointment.

Circumstances for issuing compliance orders

54. An inspector is permitted to issue a compliance order under section 67 of the Act in connection with an inspection conducted under section 66 of the Act.

Offences — aggravating circumstances

55. (1) For the purposes of subsection 111 (4) of the Act, the following are prescribed as circumstances that increase the gravity of an offence:

1. The person who committed the offence profited as a result of the offence.

2. Another person missed a payment owing to a third party as a result of the offence.

(2) A penalty may be increased under subsection 111 (4) of the Act by up to 25 per cent as long as the increase does not result in the penalty exceeding the maximum penalty set out in subsection 111 (1), (2) or (3) of the Act, as the case may be, in respect of the offence.

Documents deemed to be received

56. (1) For the purpose of subsection 116 (1) of the Act, any notice, order or other document given or served under the Act is deemed to be received,

(a) on the day of service, if it is served by personal service;

(b) on the earlier of the fifth business day after the document was mailed or the day the recipient acknowledges receipt of it in writing, if it was sent by mail;

(c) on the second business day after the document was given to the courier, if it is sent by courier; or

(d) in cases where it is sent by email or facsimile, on the business day on which it is sent, if it is sent before 4 p.m., or on the next business day, if it is sent after 4 p.m.

(2) Subsection (1) does not apply if the recipient is the Director, the Grain Financial Protection Board or the Tribunal.

Transitional Matters

Licences issued under Grains Act

57. The following rules apply with respect to licences issued under the Grains Act that were in effect immediately before that Act was repealed:

1. The licence expires in accordance with the Grains Act.

2. Terms and conditions that were imposed on the licence under the Grains Act and that were in effect immediately before that Act was repealed continue in effect and may be enforced under the Act.

3. The licence is deemed to be a licence issued under the Act as the circumstances may require.

References in security instruments

58. A reference to the chief inspector under the Grains Act in a security instrument furnished or deposited under that Act is deemed to be a reference to the Director under the Act.

Circumstances of default, etc.

59. A claim may be made under Part VII of the Act, with necessary modifications, if,

(a) a circumstance described in subsection 3 (1) or (2) of the Farm Products Payments Act or in section 8 of Ontario Regulation 70/12 (Payments from Funds for Grain Producers) made under that Act arose in respect of a designated grain crop before the repeal of the Farm Products Payments Act but no application had been made under that Act as of the date of the repeal; or

(b) a transaction in respect of a designated grain crop was entered into before the repeal of the Farm Products Payments Act and, after the repeal, a circumstance mentioned in clause (a) arose.

Matters ongoing under former Acts

60. (1) An application for payment in respect of grain under the Farm Products Payments Act that had not been finally determined as of the day immediately before that Act was repealed shall be continued under that Act.

(2) A proposal, hearing or appeal with respect to a licence under the Grains Act that had not been finally determined as of the day immediately before that Act was repealed shall be continued under that Act.

Director — deemed appointment

61. The individual appointed as the chief inspector under the Grains Act is deemed to be appointed as a Director under the Act until the appointment under the Grains Act expires or is revoked.

Inspector — deemed designation

62. The appointment of an inspector under the Grains Act is deemed to be a designation by the Director under the Act and continues until the appointment expires or is revoked.

Commencement

Commencement

63. This Regulation comes into force on the later of the day section 2 of Schedule 30 (Protecting Farmers from Non-Payment Act (Regulating Agricultural Product Dealers and Storage Operators), 2023) to the Less Red Tape, Stronger Economy Act, 2023 comes into force and the day this Regulation is filed.

Made by:
Pris par :

Le ministre de l'Agriculture, de l'Alimentation et de l'Agroentreprise,

Trevor Jones

Minister of Agriculture, Food and Agribusiness

Date made: December 15, 2025
Pris le : 15 décembre 2025