jswizzle3737/ontario_laws_and_regs huggingface dataset:
2 The purpose and intent of this Act is, (a)  to stimulate, increase and improve the producing of milk within Ontario; (b)  to provide for the control and regulation in any or all respects of the producing or marketing within Ontario of milk, cream or cheese, or any combination thereof, including the prohibition of such producing or marketing in whole or in part; and (c)  to provide for the control and regulation in any or all respects of the quality of milk, milk products and fluid milk products within Ontario.  R.S.O. 1990, c. M.12, s. 2. Administration and Enforcement
2.1 (1) The Minister may appoint a Director for the purposes of the provisions of this Act and the regulations for which the administration and enforcement are not delegated to a designated administrative authority.  1997, c. 44, s. 2. Director appointed by administrative authority (2) If the administration and enforcement of any provisions of this Act and the regulations are delegated to a designated administrative authority, the authority may appoint a Director for the purposes of those provisions.  1997, c. 44, s. 2. Responsibility of Director (3) A Director appointed under subsection (1) or (2) shall carry out the administration and enforcement of those provisions of this Act and the regulations with respect to the quality of milk, milk products and fluid milk products within Ontario for which the person who appointed the Director is responsible for the administration and enforcement.  1997, c. 44, s. 2. Powers and duties (4) A Director appointed under subsection (1) or (2) shall exercise the powers and perform the duties that are conferred or imposed on the Director by or under this Act.  1997, c. 44, s. 2. Appointments (5) A Director appointed under subsection (1) or (2) may appoint the officers, field-persons, graders and other persons who are considered necessary for the Director to exercise the powers and to perform the duties of the Director.  1997, c. 44, s. 2. Section Amendments with date in force (d/m/y) 1997, c. 44, s. 2 - 18/12/1997
2.2 (1) The Minister may, by regulation, designate provisions of this Act, a regulation made under subsection 19 (1) or (5) or provisions of that regulation as designated legislation for the purpose of this Act to the extent that the designated legislation relates to the quality of milk or cream.  1997, c. 44, s. 2. Same, administrative authority (2) Subject to section 2.3, the Minister may, by regulation, designate one or more administrative authorities for the purpose of administering and enforcing designated legislation.  1997, c. 44, s. 2. Delegation of administration (3) Subject to subsection (4), if the Minister designates an administrative authority for the purpose of administering and enforcing designated legislation, all provisions in the legislation relating to its administration and enforcement are delegated to the authority subject to the exemptions and limitations that are specifically set out in the designation of the authority or the legislation.  1997, c. 44, s. 2. Exception, regulations (4) Subject to section 19.1, the powers to make or approve regulations that designated legislation confers on the Lieutenant Governor in Council, the Minister or the Commission are not delegated to the designated administrative authority.  1997, c. 44, s. 2. Deeming (5) If, under section 19.1, the Commission delegates the power to make regulations to a designated administrative authority, the regulations that the authority makes under that power shall be deemed to be designated legislation for the purpose of this Act.  1997, c. 44, s. 2. Previous administration (6) If the administration and enforcement of designated legislation are delegated to a designated administrative authority, nothing in the delegation invalidates regulations made under the designated legislation, acts of the Minister or a Director in administering or enforcing it, appointments made by the Minister or a Director under the designated legislation, or any other acts done under the designated legislation that were in force immediately before the delegation.  1997, c. 44, s. 2. Persons bound (7) If the administration and enforcement of designated legislation are delegated to a designated administrative authority, the legislation binds all persons whom it would bind if the administration and enforcement of it were not delegated.  1997, c. 44, s. 2. Section Amendments with date in force (d/m/y) 1997, c. 44, s. 2 - 18/12/1997
2.3 (1) The Minister may not designate an administrative authority for the purpose of designated legislation until the Minister and the authority have entered into an administrative agreement.  1997, c. 44, s. 2. Contents (2) The administrative agreement shall include all matters that the Minister considers necessary for delegating the part of the administration and enforcement of the designated legislation that is delegated to the authority, including, (a)  a specification of which part of the administration and enforcement of the designated legislation is delegated to the authority; (b)  financial terms of the delegation; (c)  the right, if any, of the authority to purchase, use or otherwise have access to government assets, including information, records or intellectual property; (d)  a specification of the liability of the authority arising out of the authority’s carrying out the administration and enforcement delegated to it; and (e)  a requirement that the authority maintain adequate insurance against liability arising out of the authority’s carrying out the administration and enforcement delegated to it.  1997, c. 44, s. 2. Minister’s terms (3) On giving the notice to the authority that the Minister considers reasonable in the circumstances, the Minister may amend or insert a term in the administrative agreement or delete a term from it if, (a)  the term relates to the administration or enforcement of the designated legislation delegated to the authority; and (b)  the Minister considers it advisable to do so in the public interest.  1997, c. 44, s. 2. Section Amendments with date in force (d/m/y) 1997, c. 44, s. 2 - 18/12/1997
2.4 (1) On giving the notice that the Minister considers reasonable in the circumstances, the Minister may, by regulation, revoke the designation of legislation for which the administration and enforcement are delegated to a designated administrative authority or revoke the designation of an administrative authority to which the administration and enforcement of designated legislation are delegated if, (a)  the authority has failed to comply with this Act, the designated legislation or the administrative agreement and has not remedied the failure within the time period described in subsection (2); or (b)  the Minister considers it advisable to do so in the public interest.  1997, c. 44, s. 2. Opportunity to remedy (2) If a designated administrative authority to which the administration and enforcement of designated legislation are delegated fails to comply with this Act, the designated legislation or the administrative agreement, the Minister shall allow the authority the opportunity of remedying its failure within the time period that the Minister considers reasonable in the circumstances.  1997, c. 44, s. 2. Voluntary revocation (3) A designated administrative authority may request that the Minister revoke its designation and in that case the Minister shall, by regulation, revoke the designation on the terms that the Minister considers advisable in the public interest.  1997, c. 44, s. 2. Non-application of Act (4) The Statutory Powers Procedure Act
does not apply to the exercise by the Minister of a right under this section to revoke a designation.  1997, c. 44, s. 2. Section Amendments with date in force (d/m/y) 1997, c. 44, s. 2 - 18/12/1997
2.5 (1) A designated administrative authority shall carry out the administration and enforcement of designated legislation delegated to it and shall do so in accordance with law, this Act, the designated legislation and the administrative agreement, having regard to the intent and purpose of this Act and the designated legislation.  1997, c. 44, s. 2. Advice to Minister (2) A designated administrative authority shall, (a)  inform and advise the Minister with respect to matters that are of an urgent or critical nature and that are likely to require action by the authority or the Minister to ensure that the administration and enforcement of designated legislation delegated to the authority are carried out properly; and (b)  advise or report to the Minister on any matter that the Minister may refer to the authority relating to the administration and enforcement of designated legislation delegated to the authority.  1997, c. 44, s. 2. Reports (3) A designated administrative authority shall report to the Minister within one year of the effective date of its designation under this Act, and each year after that, on its activities and financial affairs in respect of this Act, the designated legislation for which the administration and enforcement are delegated to the authority and the regulations, if any, that it has made under subsection 19 (1).  1997, c. 44, s. 2. Form and contents (4) The report shall be in a form acceptable to the Minister and shall provide the particulars that the Minister requires.  1997, c. 44, s. 2. Section Amendments with date in force (d/m/y) 1997, c. 44, s. 2 - 18/12/1997
2.6 (1) Subject to the administrative agreement, a designated administrative authority may employ or retain the services of any qualified person to carry out any power or duty of the authority relating to the administration and enforcement of designated legislation delegated to the authority.  1997, c. 44, s. 2. Not employees of the Crown (2) If a designated administrative authority is not an agency of the Government of Ontario, its members, officers, directors and agents and the persons that it employs or whose services it retains to carry out the powers and duties of the authority relating to the administration and enforcement of the designated legislation are not and shall not be deemed to be employees of the Crown while they do work for the authority, and they shall not hold themselves out as such.  2006, c. 35, Sched. C, s. 66 (1). Section Amendments with date in force (d/m/y) 1997, c. 44, s. 2 - 18/12/1997 2006, c. 35, Sched. C, s. 66 (1) - 20/08/2007
2.7 A designated administrative authority that is not an agency of the Government of Ontario and its members, officers, directors, employees and agents, together with the persons whose services the authority retains, are not and shall not be deemed to be agents of the Crown in right of Ontario, and they shall not hold themselves out as such.  1997, c. 44, s. 2; 2006, c. 35, Sched. C, s. 66 (2). Section Amendments with date in force (d/m/y) 1997, c. 44, s. 2 - 18/12/1997 2006, c. 35, Sched. C, s. 66 (2) - 20/08/2007
2.8 (1) No action or other proceeding for damages shall be instituted against an employee of the Crown for an act done in good faith in the execution or intended execution of a duty or service under sections 2.1 to 2.10 of this Act or designated legislation for the purpose of those sections or for an alleged neglect or default in the execution in good faith of the duty or service.  1997, c. 44, s. 2; 2006, c. 35, Sched. C, s. 66 (3). Tort by Crown employee (2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of liability in respect of a tort committed by an employee of the Crown to which it would otherwise be subject.  1997, c. 44, s. 2; 2006, c. 35, Sched. C, s. 66 (4); 2019, c. 7, Sched. 17, s. 101. Non-Crown employees or agents (3) No action or other proceeding for damages shall be instituted against the Crown for damages that a person suffers as a result of any act or omission of a person who is not an employee or agent of the Crown.  1997, c. 44, s. 2. Indemnification (4) Subject to the administrative agreement, a designated administrative authority shall indemnify the Crown in respect of damages and costs incurred by the Crown for any act or omission of the authority or its members, officers, directors, employees or agents in carrying out, (a)  the administration and enforcement of designated legislation delegated to it; or (b)  its duties under sections 2.1 to 2.10 of this Act, the designated legislation or the administrative agreement.  1997, c. 44, s. 2. Section Amendments with date in force (d/m/y) 1997, c. 44, s. 2 - 18/12/1997 2006, c. 35, Sched. C, s. 66 (3, 4) - 20/08/2007 2019, c. 7, Sched. 17, s. 101 - 01/07/2019
2.9 (1) No member, officer, director or employee of a designated administrative authority shall be personally liable for any act or omission of the authority, the member, officer, director or employee done or made in good faith in, (a)  carrying out the administration and enforcement of designated legislation delegated to the authority; (b)  carrying out the authority’s duties under sections 2.1 to 2.10 of this Act, the designated legislation or the administrative agreement; or (c)  making a regulation under subsection 19 (1) if the power to make the regulation is delegated to the authority under subsection 19.1 (1).  1997, c. 44, s. 2. Liability of authority (2) Subsection (1) does not relieve a designated administrative authority of liability in respect of a tort committed by one of its members, officers, directors or employees to which the person would otherwise be subject.  1997, c. 44, s. 2. Section Amendments with date in force (d/m/y) 1997, c. 44, s. 2 - 18/12/1997
2.10 (1) A person who is aggrieved by an order, decision, policy or direction made by a Director appointed by a designated administrative authority in respect of legislation for which the administration and enforcement are delegated to the authority, may request in writing that the Director reconsider the order, decision, policy or direction, as the case may be.  1997, c. 44, s. 2. Hearing (2) Subsection 17 (2) and (6) of the Ministry of Agriculture, Food and Rural Affairs Act apply to the request for reconsideration as if it were an application under subsection 17 (1) of that Act.  1997, c. 44, s. 2; 2009, c. 33, Sched. 1, s. 20 (2). Appeal (3) A person who is aggrieved by an order, decision, policy or direction made by a Director appointed by a designated administrative authority in respect of legislation for which the administration and enforcement are delegated to the authority, may appeal to the Tribunal.  1997, c. 44, s. 2; 2006, c. 19, Sched. A, s. 15 (2). Application of other Act (4) Subsections 16 (1), (2.1), (3), (4), (6) to (15) and section 18 of the Ministry of Agriculture, Food and Rural Affairs Act apply with necessary modifications to the appeal.  1997, c. 44, s. 2; 2009, c. 33, Sched. 1, s. 20 (3); 2010, c. 16, Sched. 1, s. 5 (1). Where marketing board is designated authority (5) Subject to this section, sections 16 and 17 of the Ministry of Agriculture, Food and Rural Affairs Act
do not apply to an order, decision, policy or direction made by a marketing board in respect of designated legislation for which the administration and enforcement are delegated to the marketing board.  1997, c. 44, s. 2; 2009, c. 33, Sched. 1, s. 20 (4). Section Amendments with date in force (d/m/y) 1997, c. 44, s. 2 - 18/12/1997 2006, c. 19, Sched. A, s. 15 (2) - 22/06/2006 2009, c. 33, Sched. 1, s. 20 (2-4) - 15/12/2009 2010, c. 16, Sched. 1, s. 5 (1) - 25/10/2010
2.11 (1) The Minister may make regulations, (a)  designating provisions of this Act, a regulation made under subsection 19 (1) or (5) or provisions of that regulation as designated legislation for the purpose of this Act to the extent that the designated legislation relates to the quality of milk or cream; (b)  designating administrative authorities for the purpose of administering and enforcing designated legislation; (c)  specifying in the designation of an administrative authority or legislation the part of the administration and enforcement of the designated legislation that is delegated to the authority and the exemptions and limitations to which the delegation of the administration and enforcement of the designated legislation is subject; (d)  respecting any matter that the Minister considers advisable to carry out effectively the intent and purpose of sections 2.1 to 2.10 or designated legislation.  1997, c. 44, s. 2. Scope of regulations (2) A regulation may be general or particular in its application.  1997, c. 44, s. 2. Section Amendments with date in force (d/m/y) 1997, c. 44, s. 2 - 18/12/1997 General
4 (1)  An officer or field-person of the Commission or a person appointed by the Commission to inspect the books, records, documents, equipment and premises of persons engaged in the producing, processing or marketing of milk or milk products may, (a)  enter and inspect any premises or conveyance used for the producing, processing or marketing of milk or milk products and inspect anything relevant to the inspection found in the premises or conveyance; (b)  stop any conveyance that he or she believes may contain any milk or milk product and inspect the conveyance and any milk or milk product found in it; (c)  obtain a sample of any milk or milk product at the expense of the owner for the purpose of making an inspection of it; or (d)  require any person who has the custody or control of any books, records or documents of persons engaged in the producing, processing or marketing of milk or milk products to produce the books, records or documents or to furnish copies of or extracts from them.  1997, c. 44, s. 4. Field-persons appointed by Director (2) A field-person appointed by a Director may exercise the powers described in subsection (1) in respect of those provisions of this Act and the regulations for which the person who appointed the Director is responsible for the administration and enforcement.  1997, c. 44, s. 4. Section Amendments with date in force (d/m/y) 1997, c. 44, s. 4 - 18/12/1997
5 (1)  Where the Commission receives from a group of producers in Ontario or any part thereof a petition or request that a plan be established for the control and regulation of the producing or marketing of milk, cream or cheese, or any combination thereof, and the Commission is of the opinion that the group of producers is representative of the producers affected by the proposed plan, the Commission may recommend the establishment of such a plan to the Minister.  R.S.O. 1990, c. M.12, s. 5 (1). Request for amendment (2) Where the Commission receives from a marketing board a request that amendment be made to the plan or to regulations under the plan under which the marketing board is constituted, the Commission may recommend such amendment to the Minister.  R.S.O. 1990, c. M.12, s. 5 (2).
6 (1)  Despite section 5, the Lieutenant Governor in Council may make regulations, (a)  establishing, amending and revoking plans for control and regulation of the producing or marketing within Ontario or any part thereof of milk, cream or cheese, or any combination thereof, and constituting marketing boards to administer such plans; (b)  defining any word or words for the purposes of any plan; (c)  giving to any marketing board any or all of the powers that are vested in a co-operative corporation incorporated under the Co-operative Corporations Act, as amended or re-enacted from time to time, and providing that in the exercise of such powers the members of the marketing board shall be deemed to be the shareholders and the directors thereof; (d)  prescribing by-laws for regulating the conduct of the affairs of the Commission; (e)  Repealed:  1994, c. 27, s. 30 (2). (f)  providing for, (i)  the carrying out by the Commission or a trustee of any or all of the powers of a marketing board, (ii)  the vesting of the assets of a marketing board in the Commission or a trustee, and (iii)  the disposing of any or all of the assets of a marketing board in such manner as is prescribed, and, where any regulation made under this clause is in conflict with any by-law of the marketing board, the regulation prevails; (g)  dissolving a marketing board on such terms and conditions as the Lieutenant Governor in Council considers proper and providing for the disposition of its assets.  R.S.O. 1990, c. M.12, s. 6 (1); 1994, c. 27, s. 30 (2). Application of plans (2) A plan may apply to, (a)  all of Ontario or to any area within Ontario; (b)  milk, cream or cheese, or any combination thereof; and (c)  any or all persons engaged in producing, processing or marketing the product or products under clause (b) to which the plan applies.  R.S.O. 1990, c. M.12, s. 6 (2). Method of choosing, etc., members of marketing boards (3) The method by which the members of any marketing board shall be appointed, elected or chosen and the application of the plan shall be set out in the plan under which the marketing board is constituted.  R.S.O. 1990, c. M.12, s. 6 (3). Body corporate without share capital (4) Every marketing board is a body corporate without share capital to which the Not-for-Profit Corporations Act, 2010 and the Corporations Information Act do not apply. 2017, c. 20, Sched. 8, s. 96. Acts of members valid (5) The acts of a member or an officer of a marketing board are valid despite any defects that may afterwards be discovered in his or her qualifications and appointment, election or choosing.  R.S.O. 1990, c. M.12, s. 6 (5). No personal liability (6) No member of a marketing board and no officer, clerk or employee of a marketing board is personally liable for anything done or omitted to be done by the board or by the member, officer, clerk or employee in good faith in the exercise of any power or the performance of any duty under or purporting to be under this Act or any other Act of Ontario or Canada.  R.S.O. 1990, c. M.12, s. 6 (6). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 30 (2) - 9/12/1994 2017, c. 20, Sched. 8, s. 96 - 19/10/2021
6.1 Subject to the Minister’s approval, the Commission may make regulations amending plans for the control and regulation of the producing and marketing within Ontario, or any part of it, of milk, cream or cheese, or any combination of them, and constituting marketing boards to administer those plans.  1999, c. 12, Sched. A, s. 19. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. A, s. 19 - 22/12/1999
8 (1) Every person, when requested so to do by an officer or field-person of the Commission or a person appointed by the Commission to inspect the books, records, documents, equipment and premises of persons engaged in the producing, processing or marketing of milk or milk products, shall, in respect of milk and milk products, produce such books, records and documents and permit inspection thereof and supply extracts therefrom and permit inspection of such equipment and premises.  R.S.O. 1990, c. M.12, s. 8 (1). Obstruction of officers of Commission (2) No person shall hinder or obstruct an officer or field-person of the Commission or a person appointed by the Commission to inspect the books, records, documents, equipment and premises of persons engaged in the producing, processing or marketing of milk or milk products in the performance of the officer’s or person’s duties or refuse to permit him or her to carry out his or her duties or refuse to furnish him or her with information or furnish him or her with false information.  R.S.O. 1990, c. M.12, s. 8 (2). Certificate of appointment by Commission (3) The production by any person of a certificate of appointment by the Commission to inspect the books, records, documents, equipment and premises of persons engaged in the producing, processing or marketing of milk or milk products, purporting to be signed by the chair and secretary of the Commission, shall be accepted by any person engaged in the producing, processing or marketing of milk or milk products as proof of such appointment.  R.S.O. 1990, c. M.12, s. 8 (3).
9 (1) Every person, when requested so to do by an officer of a marketing board or a person appointed by a marketing board to inspect the books, records, documents and premises of persons engaged in producing or marketing a regulated product, shall, in respect of the regulated product, produce such books, records and documents and permit inspection thereof and supply extracts therefrom and permit inspection of such premises.  R.S.O. 1990, c. M.12, s. 9 (1). Obstruction of officers of marketing board (2) No person shall hinder or obstruct an officer of a marketing board or a person appointed by a marketing board to inspect the books, records, documents and premises of persons engaged in producing or marketing a regulated product in the performance of the officer’s or person’s duties or refuse to permit him or her to carry out his or her duties or refuse to furnish him or her with information or furnish him or her with false information.  R.S.O. 1990, c. M.12, s. 9 (2). Certificate of appointment by marketing board (3) The production by any person of a certificate of appointment by a marketing board to inspect the books, records, documents and premises of persons engaged in producing or marketing a regulated product, purporting to be signed by the chair and secretary of the marketing board, shall be accepted by any person engaged in the producing or marketing of the regulated product as proof of such appointment.  R.S.O. 1990, c. M.12, s. 9 (3).
10 (1) Any person who is a producer and distributor is entitled in the person’s respective capacities as a producer and as a distributor to all the rights and privileges and is subject to all the duties and obligations of a producer and of a distributor.  R.S.O. 1990, c. M.12, s. 10 (1). Idem (2) Any person who is a producer and distributor shall be deemed to have received in the capacity of a distributor, from himself, herself or itself in the capacity of a producer, the milk that the person both produces and distributes, and to have contracted in that capacity with himself, herself or itself in the capacity of a producer for the marketing of the milk, upon the condition that the regulations, orders, directions, agreements and awards and the renegotiated agreements and awards made under this Act apply.  R.S.O. 1990, c. M.12, s. 10 (2). Idem (3) A producer or group of two or more producers who, directly or through a corporation of which the producer or producers is or are members or shareholders, or through an agent, arranges for the distributing, on the account of the producer or producers, by a distributor of any milk produced by the producer or producers, shall be deemed to be a producer and distributor or producers and distributors for the purposes of subsections (1) and (2).  R.S.O. 1990, c. M.12, s. 10 (3).
11 (1) Any person who is a producer and processor is entitled in the person’s respective capacities as a producer and as a processor to all the rights and privileges and is subject to all the duties and obligations of a producer and of a processor.  R.S.O. 1990, c. M.12, s. 11 (1). Idem (2) Any person who is a producer and processor shall be deemed to have received in the capacity of a processor from himself, herself or itself in the capacity of a producer, the milk that the person both produces and processes, and to have contracted in that capacity with himself, herself or itself in the capacity of a producer for the marketing of the milk, upon the condition that the regulations, orders, directions, agreements and awards and the renegotiated agreements and awards made under this Act apply.  R.S.O. 1990, c. M.12, s. 11 (2). Idem (3) A producer or group of two or more producers who, directly or through a corporation of which the producer or producers is or are members or shareholders, or through an agent, arrange for the processing, on the account of the producer or producers, by a processor of any milk produced by the producer or producers, shall be deemed to be a producer and processor or producers and processors for the purposes of subsections (1) and (2).  R.S.O. 1990, c. M.12, s. 11 (3). 12 Repealed:  1997, c. 44, s. 6. Section Amendments with date in force (d/m/y) 1997, c. 44, s. 6 - 18/12/1997
13 (1) Every person engaged in the producing, processing or marketing of milk or milk products, when requested so to do by a field-person appointed for the exercise of the powers and the performance of the duties of the Director, shall, in respect of milk and milk products, produce the person’s books, records and documents and permit inspection thereof and furnish copies thereof or extracts therefrom and permit inspection of the person’s premises and any equipment, milk or milk products therein.  R.S.O. 1990, c. M.12, s. 13 (1). Obstruction of field-person (2) No person shall hinder or obstruct an officer or field-person mentioned in subsection (1) in the course of his or her duties, furnish him or her with false information or refuse to furnish him or her with information.  R.S.O. 1990, c. M.12, s. 13 (2). Certificate of appointment of field-person (3) The production by a field-person mentioned in subsection (1) of a certificate of appointment purporting to be signed by the Director shall be accepted by any person engaged in the producing, processing or marketing of milk or milk products as proof of such appointment.  R.S.O. 1990, c. M.12, s. 13 (3). Construction and Operation of Plants Permits re plants
14 (1) No person shall construct or alter any building intended for use as a plant without a permit from the Director.  R.S.O. 1990, c. M.12, s. 14 (1). Permit to alter plant (2) No person shall alter a plant without a permit from the Director.  R.S.O. 1990, c. M.12, s. 14 (2). Conditions precedent to issue of permit (3) No permit shall be issued by the Director unless, (a)  in the opinion of the Director, the plant is necessary and desirable, having regard to the needs of the producers in the locality in which it is proposed to locate the plant and to the facilities of the existing plants in operation; and (b)  the proposed plant complies with the regulations.  R.S.O. 1990, c. M.12, s. 14 (3). Licences
15 (1) No person shall operate a plant without a licence therefor from the Director.  R.S.O. 1990, c. M.12, s. 15 (1). Licence to operate as distributor (2) No person shall carry on business as a distributor without a licence therefor from the Director.  R.S.O. 1990, c. M.12, s. 15 (2). Prohibitions
16 (1) Except as provided in the regulations, no person shall process, sell, offer for sale or have in possession for sale butter that has a tint or shade containing less than one and six-tenths degrees or more than ten and one-half degrees of yellow, or of yellow and red collectively, measured in terms of the Lovibond tintometer scale or the equivalent of such measurement.  R.S.O. 1990, c. M.12, s. 16 (1). Reconstituted milk (2) Except as provided in the regulations, no person shall process, sell, offer for sale or have in possession for sale reconstituted milk.  R.S.O. 1990, c. M.12, s. 16 (2).
17 All milk and cream received at a plant shall be paid for on the basis of its milk-fat content or on such other basis as is prescribed in the regulations.  R.S.O. 1990, c. M.12, s. 17. 18 Repealed:  2002, c. 18, Sched. P, s. 42. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. P, s. 42 - 1/01/2006
20 Despite this or any other Act, no council of a local municipality shall by by-law require that fluid milk products sold in the municipality be produced or processed in the municipality or in any other designated area.  2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 1/01/2003 Miscellaneous
21 Every person who contravenes this Act or the regulations, or any plan or any order or direction of the Commission, the Director or any marketing board, or any agreement or award or renegotiated agreement or award declared to be in force by the Commission, or any by-law under this Act, is guilty of an offence and on conviction is liable for a first offence to a fine of not more than $2,000 for each day that the offence continues and for a subsequent offence to a fine of not more than $10,000 for each day that the offence continues.  R.S.O. 1990, c. M.12, s. 21.
22 Where it is made to appear from the material filed or evidence adduced that any offence against this Act or the regulations or any plan, order, direction, agreement, award or renegotiated agreement or award made under this Act has been or is being committed, the Superior Court of Justice may, upon the application of the Commission, the Director or a marketing board, enjoin any transporter, processor, distributor or operator of a plant from carrying on business as a transporter, processor, distributor or operator of a plant, absolutely or for such period as seems just, and any injunction cancels the licence of the transporter, processor, distributor or operator of a plant named in the order for the same period.  R.S.O. 1990, c. M.12, s. 22; 2006, c. 19, Sched. C, s. 1 (1). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006
23 (1) Every person who fails to pay at least the minimum price established for a regulated product or for milk or cream in an agreement or award filed with the Commission or the price of a regulated product determined by a marketing board is, in addition to the fine provided for in section 21, liable to a penalty of an amount equal to the amount of such minimum or determined price, less any amount paid by such person as payment in full or in part for such regulated product, milk or cream, and less any amount paid by such person for such regulated product, milk or cream pursuant to an order of the Commission under subsection 3 (4).  R.S.O. 1990, c. M.12, s. 23 (1). Disposition of additional penalty (2) Every penalty imposed under subsection (1) shall be paid to the marketing board or to the Commission, and the marketing board or the Commission, as the case may be, shall, (a)  pay the money to the person who failed to receive at least the minimum price; or (b)  use the money to stimulate, increase and improve the producing or marketing of the regulated product or of milk or cream.  R.S.O. 1990, c. M.12, s. 23 (2).
24 Where, in any action or prosecution under this Act, production of any agreement, award, order, regulation, direction, rule, resolution, determination or minute of the Commission or a marketing board or of any order or direction of the Director is required, any document purporting to be a copy of such agreement, award, order, regulation, direction, rule, resolution, determination or minute, certified to be a true copy thereof by the chair or secretary of the Commission or the marketing board, or by the Director, as the case may be, is admissible in evidence as proof of the making and of the text thereof without production of the original document and without proof of the signature of the person purporting to have certified it.  R.S.O. 1990, c. M.12, s. 24.
25 In any prosecution for an offence under this Act, the act or omission of an act, in respect of which the prosecution was instituted, shall be deemed to relate to the marketing within Ontario of milk, cream or cheese, or any combination thereof, unless the contrary is proven.  R.S.O. 1990, c. M.12, s. 25. Specific rules re regulations
26 (1) Any word or expression used in the Act or the regulations may be defined in the regulations for the purpose of the regulations.  R.S.O. 1990, c. M.12, s. 26 (1). Regulations may be limited (2) Any regulation may be limited as to time or place, or to both.  R.S.O. 1990, c. M.12, s. 26 (2).
27 (1) The Lieutenant Governor in Council may grant authority to the Canadian Dairy Commission to regulate the marketing within Ontario of a regulated product or a milk product and for such purposes, (a)  to exercise any power that it may exercise in relation to the marketing of such regulated product or milk product in interprovincial or export trade; (b)  to exercise, in relation to the marketing of such regulated product, any power that may be exercised by a marketing board in relation to a regulated product; and (c)  to exercise, in relation to the marketing of such milk product, any power that is like a power that may be exercised by a marketing board in relation to a regulated product.  R.S.O. 1990, c. M.12, s. 27 (1). Milk product deemed to be a regulated product (2) Where authority is granted under subsection (1) in relation to any milk product, such milk product shall be deemed to be, (a)  a regulated product for the purposes of the Commodity Boards and Marketing Agencies Act; and (b)  the regulated product in relation to the marketing of which a levy is fixed, imposed and collected under the Commodity Boards and Marketing Agencies Act.  R.S.O. 1990, c. M.12, s. 27 (2).
28 (1) The Minister, the Commission or a marketing board may make agreements for the co-ordinated marketing of milk or milk products with one or more of the Government of Canada, the Canadian Dairy Commission, the government of any province of Canada and any of its agencies or commodity boards.  1996, c. 17, Sched. H, s. 4. Contents of agreements (2) The agreements may provide for the pooling of revenue and may authorize the Commission or marketing board to perform, on behalf of the Government of Canada or the Canadian Dairy Commission, any function relating to interprovincial or export trade in a regulated product in respect of which the Commission or marketing board, as the case may be, may exercise powers in intraprovincial trade.  1996, c. 17, Sched. H, s. 4. Section Amendments with date in force (d/m/y) 1996, c. 17, Sched. H, s. 4 - 18/07/1996
29 (1) In this section, “promotion-research agency” means a promotion-research agency established under the Farm Products Agencies Act (Canada).  1996, c. 17, Sched. H, s. 4. Commission’s recommendation (2) If the Commission is of the opinion that a majority of the producers in Ontario of a milk product are in favour of a levy or charge to support a promotion-research agency, the Commission may recommend to the Minister that the levy or charge be established.  1996, c. 17, Sched. H, s. 4. Levy on a milk product (3) The Minister may, by regulation, grant to a promotion-research agency the authority, in relation to the marketing of the milk product in Ontario, (a)  to fix, impose and collect levies or charges from producers of the milk product; and (b)  to use the levies or charges for the purpose of the agency.  1996, c. 17, Sched. H, s. 4. Levy on regulated product (4) The Minister may, by regulation, grant to the Canadian Dairy Commission or a promotion-research agency the authority, in relation to the marketing of a regulated product in Ontario, (a)  to fix, impose and collect levies or charges from producers of the regulated product; and (b)  to use the levies or charges for the purpose of the Canadian Dairy Commission or the agency, as the case may be.  1996, c. 17, Sched. H, s. 4. Contents of regulation (5) A regulation made under this section may, (a)  specify conditions relating to the granting of the authority described in the regulation, including limits on the amount of the levies and charges that may be imposed under the authority; (b)  require that a person who receives a milk product shall deduct from the money payable for the milk product the levies or charges that are payable and shall forward them to the Canadian Dairy Commission or the promotion-research agency, as the case may be, to whom they are payable or to the agent of the body to whom they are payable; and (c)  specify terms for the payment of the levies or charges.  1996, c. 17, Sched. H, s. 4. Section Amendments with date in force (d/m/y) 1996, c. 17, Sched. H, s. 4 - 18/07/1996 ______________  Français