7 (1) The Commission may make regulations with respect to regulated products generally or to any regulated product, and, without limiting the generality of the foregoing, may make regulations, 1.  providing for the licensing of any or all persons before commencing or continuing to engage in the producing, processing or marketing of a regulated product; 2.  prescribing or providing for classes of licences and the imposition of terms and conditions on any class of licence; 3.  providing that the Commission or marketing board may impose such terms and conditions upon a licence as the Commission or marketing board considers proper; 4.  prohibiting persons from engaging in the producing, marketing or processing of any regulated product except under the authority of a licence and except in compliance with the terms and conditions of the licence; 5.  providing for the refusal to grant or renew or the suspension or revocation of a licence, i.  where the applicant or licensee is not qualified by experience, financial responsibility or equipment to properly engage in the business for which the application was made or the licence granted, or ii.  where the applicant or licensee has failed to comply with or has contravened any provision of this Act, the regulations, any plan or any order or direction of the Commission or marketing board or of a marketing agency of Canada; 6.  providing for the imposition, amount, disposition and use of penalties where, after a hearing, the Commission or marketing board is of the opinion that the applicant or licensee has failed to comply with or has contravened any term or condition of a licence or any provision of this Act, the regulations, any plan or any order or direction of the Commission or marketing board; 7.  providing for the fixing of licence fees and the payment thereof by any or all persons producing, marketing or processing a regulated product and the collecting of the licence fees and their recovery by suit in a court of competent jurisdiction; 8.  requiring any person who receives a regulated product from a producer to deduct from the money payable to the producer any licence fees payable by the producer to the marketing board and to pay such licence fees to the marketing board; 9.  requiring any person who produces and processes a regulated product to furnish to the Commission or to the marketing board statements of the amounts of the regulated product that the person produced in any year and used for processing; 10.  prescribing the form of licences; 11.  providing for the exemption from any or all of the regulations under any plan of any class, variety, grade or size of regulated product or of any person or class of persons engaged in the producing or marketing of the regulated product or any class, variety, grade or size of regulated product; 12.  requiring and providing for the furnishing of security or proof of financial responsibility or of a performance bond by a person or class of persons engaged in the producing, marketing or processing of a regulated product and providing for the administration, forfeiture and disposition of any money or securities so furnished and the proceeds therefrom; 13.  authorizing the fixing of prompt payment discounts, delayed payment penalties and interest on licence fees and service charges owing by any person engaged in the producing, marketing or processing of a regulated product; 14.  authorizing a marketing board, i.  to require that a regulated product be marketed on a quota basis, ii.  to prohibit any person to whom a quota has not been fixed and allotted for the marketing of a regulated product or whose quota has been cancelled from marketing any of the regulated product, and iii.  to prohibit any person to whom a quota has been fixed and allotted for the marketing of a regulated product from marketing any of the regulated product in excess of such quota; 15.  authorizing a marketing board, i.  to fix and allot to persons quotas for the marketing of a regulated product on such basis as the marketing board considers proper, ii.  to refuse to fix and allot to any person a quota for the marketing of a regulated product for any reason that the marketing board considers proper, iii.  to cancel or reduce, or refuse to increase, a quota fixed and allotted to any person for the marketing of a regulated product for any reason that the marketing board considers proper, and iv.  to permit any person to whom a quota has been fixed and allotted for the marketing of a regulated product to market any of the regulated product in excess of such quota on such terms and conditions as the marketing board considers proper; 16.  providing for the control and regulation of the producing or marketing of any regulated product, including the times and places at which the regulated product may be produced or marketed; 17.  determining the quantity of each class, variety, grade or size of the regulated product that shall be marketed by each producer; 18.  providing for the control and regulation of agreements entered into by producers of a regulated product with persons engaged in marketing or processing the regulated product, and the prohibition of any provision or clause in such agreements; 19.  authorizing a marketing board to determine from time to time the price or prices that shall be paid for the regulated product or any class, variety, grade or size of the regulated product, and to determine different prices for different parts of Ontario; 20.  providing for the fixing, imposing and collecting of service charges from time to time for the marketing of the regulated product; 21.  authorizing a marketing board to pay from service charges imposed under paragraph 20 its expenses in carrying out the purposes of the plan; 22.  authorizing a marketing board to use any class of licence fees and other money payable to it for the purposes of paying the expenses of the marketing board, carrying out and enforcing this Act and the regulations and carrying out the purposes of the plan under which the marketing board is constituted; 23.  authorizing a marketing board to establish a fund in connection with the plan for the payment of any money that may be required for the purposes mentioned in paragraph 22; 24.  authorizing a marketing board, i.  to impose and collect levies from producers and to pay such levies to the Ontario Dairy Herd Improvement Corporation for the purpose of stimulating, increasing and improving the producing of milk, and ii.  to fix the amount of such levies up to but not exceeding 6 cents per hectolitre of milk; 25.  providing that no marketing board shall make grants or other like payments of money to any person or association or body of persons without the approval of the Commission; 26.  providing for the establishment, in connection with any plan, of advisory committees that may be empowered to advise and make recommendations to the Commission or to a marketing board or to any person or organization represented on the committee in respect of, i.  the promotion of harmonious relationships between persons engaged in the producing and marketing of the regulated product, ii.  the promotion of greater efficiency in the producing and marketing of the regulated product, iii.  the prevention and correction of irregularities and inequities in the marketing of the regulated product, iv.  the improvement of the quality and variety of the regulated product, v.  the improvement of the circulation of market information respecting the regulated product, vi.  without limiting the generality of any of the foregoing, any matter with respect to which the Commission or the marketing board may be empowered to make regulations under this Act; 27.  determining the constitution of such advisory committees, and regulating the practice and procedure of such committees; 28.  providing for the establishment, in connection with any plan, of negotiating agencies that may be empowered to adopt or settle by agreement, i.  the minimum prices for the regulated product or for any class, variety, grade or size of the regulated product, ii.  the terms, conditions and forms of agreements relating to the producing or marketing of the regulated product, iii.  any charges, costs or expenses relating to the producing or marketing of the regulated product; 29.  providing for the establishment, in connection with any plan, of a conciliation board that may be empowered, i.  to endeavour to effect agreement on any matter referred to in paragraph 28 that a negotiating agency has failed to adopt or settle by agreement, and ii.  to recommend adoption of any agreement effected under subparagraph i to such negotiating agency; 30.  providing for the arbitration by the Commission or by a board of arbitration of any matter not adopted or settled by agreement under paragraph 28; 31.  providing for the arbitration by the Commission or by an arbitrator or by a board of arbitration of any dispute arising out of any agreement adopted or settled under paragraph 28 or any award made under paragraph 30; 32.  determining the constitution of negotiating agencies, conciliation boards and boards of arbitration, providing for the appointment of arbitrators and conciliators and regulating the practice, procedure and methods of dispute resolution of such agencies, boards and arbitrators; 33.  requiring that no charges, costs or expenses relating to the producing or marketing of a regulated product shall be made, other than such charges, costs or expenses as are provided for in the agreement or award or renegotiated agreement or award in force for the marketing of the regulated product; 34.  prescribing the form of agreements filed with the Commission; 35.  providing that the regulated product shall be marketed by, from or through the marketing board, and prohibiting any person from marketing any of the regulated product except by, from or through the marketing board; 36.  authorizing any marketing board to prohibit the marketing of any class, variety, grade or size of any regulated product; 37.  requiring any person who produces a regulated product to offer to sell and to sell the regulated product to or through the marketing board constituted to administer the plan under which the regulated product is regulated; 38.  prohibiting any person from processing, packing or packaging any of the regulated product that has not been sold to, by or through the marketing board constituted to administer the plan established for the control and regulation of the marketing of the regulated product; 39.  authorizing any marketing board to require the price or prices of the regulated product to be paid to or through the marketing board, and to recover such price or prices by suit in a court of competent jurisdiction; 40.  authorizing a marketing board to purchase or otherwise acquire such quantity or quantities of the regulated product as the marketing board considers advisable and to sell or otherwise dispose of such quantity or quantities of the regulated product so purchased or otherwise acquired; 41.  authorizing a marketing board to conduct a pool or pools for the distribution to producers of money received from the sale of the regulated product, as adjusted under subsection (5.1), so that each producer receives a share of the money in relation to the amount, content and grade of the regulated product supplied by the producer and the amount and type of quota held by the producer; 42.  providing for the establishment and the manner of payment of price differentials for any grade of milk or cream, or any class thereof; 43.  providing for the establishment and the manner of payment of price differentials in relation to the content of milk or any class thereof; 44.  providing for statements to be given by any marketing board to producers showing the amount, content and grade of the regulated product marketed, the price or prices paid and the particulars of the service charges, licence fees and levies imposed by the marketing board; 45.  providing for the carrying out of any plan declared by the Lieutenant Governor in Council to be in force; 46.  providing for the holding of a plebiscite of producers upon a question of favour of a plan or amendment of a plan or any matter respecting the marketing of a regulated product; 47.  providing for the holding of public hearings on matters respecting the operation of any plan or the holding of a plebiscite of producers; 48.  authorizing any marketing board to appoint agents, to prescribe their duties and terms and conditions of employment, and to fix their remuneration and provide for the payment thereof; 49.  providing for the making of agreements relating to the marketing of any regulated product by or through a marketing board, and prescribing the forms and the terms and conditions of such agreements; 50.  providing for the making of such orders and the issuing of such directions as are necessary to enforce the due observance and carrying out of the provisions of this Act, the regulations, any plan or any order or direction of the Commission or of a marketing board.  R.S.O. 1990, c. M.12, s. 7 (1); 1991, c. 53, s. 2; 1996, c. 17, Sched. H, s. 2 (1); 2019, c. 14, Sched. 3, s. 43 (1-8). Same (1.1) The Commission may make regulations adding to, removing, replacing or changing in any other way the grounds upon which or the circumstances in which a licence may be granted, renewed, suspended or revoked under paragraph 5 of subsection (1).  1994, c. 27, s. 30 (4). Limitation on penalties (2) A penalty imposed on a producer under paragraph 6 of subsection (1) shall not exceed 10 per cent of the price payable to the producer for the regulated product marketed during the immediately preceding twelve-month period by the producer and a 20 per cent reduction in the amount of regulated product which may be marketed during any twelve-month period by the producer.  R.S.O. 1990, c. M.12, s. 7 (2). Idem (3) A penalty imposed on a person other than a producer under paragraph 6 of subsection (1) shall not exceed 10 per cent of the price payable to the producers for the regulated product marketed or processed during the immediately preceding twelve-month period by the person.  R.S.O. 1990, c. M.12, s. 7 (3). Agreements and awards (4) Every agreement made under paragraph 28 of subsection (1) and every award made under paragraph 30 or 31 of subsection (1), and every agreement or award renegotiated under clause (b) of this subsection, (a)  shall be filed with the Commission forthwith after the making thereof, and the Commission may, despite any defect in the establishment of the negotiating agency or of the board of arbitration, as the case may be, by order declare the agreement or award, or renegotiated agreement or award, or part thereof, to come into force on the day it is so filed or on such other date as is named in the agreement or award or renegotiated agreement or award, as the case may be, and, subject to clause (b), to remain in force for one year or for such period as is provided in the agreement or award or renegotiated agreement or award; and (b)  may at any time upon an order of the Commission be renegotiated in whole or in part in such manner as the Commission determines.  R.S.O. 1990, c. M.12, s. 7 (4). Legislation Act, 2006, Part III (5) Part III (Regulations) of the Legislation Act, 2006 does not apply to any order of the Commission made under subsection (4).  R.S.O. 1990, c. M.12, s. 7 (5); 2006, c. 21, Sched. F, s. 136 (1). Adjustments to pool (5.1) A marketing board conducting a pool under paragraph 41 of subsection (1) may add to the pool money received under an agreement made under section 28 and may deduct from the pool all proper expenses related to the pool, including money paid out under the agreement.  1996, c. 17, Sched. H, s. 2 (2). Limited effect (6) Any regulation made under this section may be limited as to time and place.  R.S.O. 1990, c. M.12, s. 7 (6). Form of agreement (7) An agreement filed with the Commission under subsection (4) shall be in the form prescribed in the regulations, and the Commission may refuse to file an agreement that is not in such form.  R.S.O. 1990, c. M.12, s. 7 (7). Delegation of powers to marketing boards (8) The Commission may delegate to a marketing board such of its powers under subsection (1) as it considers necessary, and may at any time terminate any such delegation.  R.S.O. 1990, c. M.12, s. 7 (8). Authority of marketing board to make regulations, etc. (9) Where the Commission authorizes a marketing board to exercise any of the powers mentioned in subsection (1), the marketing board, in the exercise of such powers, may make regulations, orders, policies and decisions or issue directions.  R.S.O. 1990, c. M.12, s. 7 (9). Acts of marketing board deemed administrative (10) Everything that is done by a marketing board under the authority of paragraph 15 of subsection (1) shall be deemed to be of an administrative and not of a legislative nature.  R.S.O. 1990, c. M.12, s. 7 (10). Limitations on powers, etc., of marketing boards (11) Where the Commission delegates to a marketing board powers or authorizes a marketing board to exercise powers under this Act, the Commission may at any time, (a)  limit the powers of the marketing board in any or all respects; and (b)  require the marketing board to revoke any regulation, order or direction that it has made under the powers.  R.S.O. 1990, c. M.12, s. 7 (11); 1997, c. 44, s. 5. Other powers of Commission with respect to marketing boards (12) The Commission may require any marketing board, (a)  to furnish to the Commission particulars of any proposed change in the purposes of the plan at least ten days before the proposed change becomes effective; (b)  to carry out any purpose of the plan that the Commission considers necessary or advisable; (c)  to vary any purpose of the plan as the Commission considers necessary or advisable; and (d)  to cease or desist from the carrying out of any purpose or proposed purpose of the plan that the Commission considers unnecessary or inadvisable.  R.S.O. 1990, c. M.12, s. 7 (12). Section Amendments with date in force (d/m/y) 1991, c. 53, s. 2 - 19/12/1991; 1994, c. 27, s. 30 (4) - 9/12/1994; 1996, c. 17, Sched. H, s. 2 (1, 2) - 18/07/1996; 1997, c. 44, s. 5 - 18/12/1997 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007 2019, c. 14, Sched. 3, s. 43 (1-8) - 10/12/2019