Ontario Regulation 107/26 amends Ontario Regulation 222/05 by adding a detailed French-language version of rules governing the seizure, detention, disposal, and service procedures related to food safety enforcement in Ontario. The regulation establishes procedural requirements for inspectors and directors acting under the Food Safety and Quality Act, 2001. The amendments apply to food, agricultural or aquatic commodities, farm inputs, and other items seized or detained under specified provisions of the Act, including sections concerning inspections, orders, and enforcement powers.

The regulation outlines how inspectors must proceed when seizing or detaining property. When an item is seized, inspectors must promptly serve a notice of seizure on the person who had custody of the item at the time of seizure and, if possible, on the owner. If the custodian cannot be identified, the notice must be posted at the premises or transportation vehicle where the seizure occurred. Notices must include a description of the item, reasons for the seizure, the date and location, and the inspector’s name, signature, and contact information. Similar obligations apply when property is detained. Inspectors must clearly mark detained items with a label or another visible indication that the item is under detention and must provide written notice to affected persons.

The regulation also creates safeguards to preserve detained items and maintain enforcement integrity. No person may remove detention labels or interfere with detained property unless authorized or ordered by an inspector. Inspectors may also direct individuals to move, preserve, or otherwise manage detained property when necessary to prevent deterioration or protect the item. These provisions ensure that evidence and potentially unsafe goods remain secure while investigations or compliance reviews are underway.

A substantial portion of the regulation addresses the disposal of seized or detained property. Directors are empowered to order disposal according to several procedures depending on the circumstances. In most cases, before disposal occurs, the director must provide written notice to the person who had custody of the property and to the owner, if identifiable. Interested parties then have 10 days to request a hearing. Individuals entitled to request a hearing include the former custodian, the owner, or any person claiming an interest in the property. After a hearing, if the director determines that the item does not contravene the Act, regulations, or an order made under the Act, the item must be returned.

If the director determines that the item violates legal requirements, the default remedy is destruction. However, the regulation gives directors flexibility to return property where compliance problems can be safely corrected or where the item can be used without future violations. In such cases, the director may impose conditions and require corrective measures to ensure safety and legal compliance. Where no hearing is requested, where a hearing is refused because the claimant lacks a sufficient interest, or where no party attends the hearing, the director may dispose of the property without further proceedings.

Ontario (107/2026) May 5, 2026
Disclaimer: Insights are for informational purposes only and does not reflect RRI’s official position or constitute legal opinion.