Delegation of Powers to Marketing Board
 5. The Commission delegates to the marketing board its powers to make regulations with respect to milk or cream, (a) providing for the licensing of any or all persons before commencing or continuing to engage in the producing or marketing of milk or the producing of cream; (a.1) prescribing or providing for classes of licences and the imposition of terms and conditions on any class of licence; (b) prohibiting persons from engaging in the producing or marketing of milk or the producing of cream except under the authority of a licence and except in compliance with the terms and conditions of the licence; (c) providing for the refusal to grant or renew a licence or for the suspension or revocation of a licence, (i) where the applicant or licensee is not qualified by experience, financial responsibility or equipment to engage properly 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 a provision of the Act, the regulations, the plan or an order or direction of the Commission, the marketing board or a marketing agency of Canada; (c.1) providing for the imposition, amount, disposition and use of penalties where, after a hearing, the 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 marketing board; (d) providing for the fixing of licence fees, the payment of the licence fees by any or all persons producing or marketing milk or producing cream, the collecting of the licence fees and their recovery by action in a court of competent jurisdiction; (e) requiring a person who receives milk or cream from a producer to deduct from the money payable to the producer all licence fees payable by the producer to the marketing board with respect to milk or cream, as the case may be, and to pay those licence fees to the marketing board within the time specified in the regulations; (f) requiring a person who produces and processes milk or cream to furnish to the marketing board statements of the amounts of the milk or cream that the person produced in any year and used for processing; (g) prescribing the form of licences; (g.1) 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 milk or cream and providing for the administration, forfeiture and disposition of any money or securities so furnished and the proceeds therefrom; (h) providing for the control and regulation of the marketing of milk and cream, including the times and places at which milk and cream may be marketed; (i) determining the quantity of each class or grade of milk or cream that shall be marketed by each producer; (j) providing for the control and regulation of agreements entered into by producers of milk or cream with persons engaged in marketing or processing milk or cream, and prohibiting the inclusion of any provision or clause in the agreements; (k) providing for the fixing, imposing and collecting of service charges from time to time for the marketing of milk or cream; (l) requiring a person who produces milk or cream to offer to sell the milk or cream to the marketing board and to sell the milk or cream to or through the marketing board; (m) providing that milk and cream shall be marketed by, from or through the marketing board and prohibiting a person from marketing milk or cream except by, from or through the marketing board; (n) prohibiting a person from processing, packing or packaging milk or cream that has not been sold through the marketing board; (o) providing for the establishment and the manner of payment of price differentials for any grade of milk or any class of milk; (p) providing for the establishment and the manner of payment of price differentials in relation to the content of milk or any class of milk; (q) providing for the marketing board to give statements to producers showing the amount, content and grade of the milk or cream marketed, the price or prices paid and the particulars of the service charges, licence fees and levies imposed by the marketing board; (r) providing for the making of agreements relating to the marketing of milk or cream by or through the marketing board and prescribing the forms and the terms and conditions of the agreements; (r.1) providing for the exemption of any class, variety, grade or size of milk or cream from any or all of the regulations under the plan; (r.2) providing for the exemption of any person or class of persons engaged in the producing or marketing of milk or cream or any class, variety, grade or size of milk or cream from any or all of the regulations under the plan; and (s) 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 Act, the regulations, the plan or an order or direction of the marketing board.  O. Reg. 354/95, s. 5; O. Reg. 18/97, s. 1; O. Reg. 269/99, s. 1; O. Reg. 179/00, s. 1; O. Reg. 675/00, s. 1; O. Reg. 115/11, s. 1.