ontario regulation 174/14

made under the

Milk Act

Made: July 16, 2014
Filed: August 29, 2014
Published on e-Laws: September 2, 2014
Printed in The Ontario Gazette: September 13, 2014


Amending Reg. 761 of R.R.O. 1990

(MILK AND MILK PRODUCTS)

1. The heading before section 95 of Regulation 761 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

Plant Licences and Permits

2. Sections 95 to 97 of the Regulation are revoked and the following substituted:

95. (1) A person who wishes to operate a plant shall submit an application to the Director for a licence to operate the plant,

(a) before beginning to operate the plant; and

(b) if the plant is not yet constructed or if alterations are required to the plant, before commencing the construction or alterations.

(2) A person who holds a licence to operate a plant and who wishes to change any aspect of the licence described in clause 96 (2) (d), (e) or (f) shall submit an application to the Director to change the licence before implementing such a change.

(3) A person who submits one of the following types of application shall, at the same time, submit an application for a permit referred to in section 109:

1. An application for a licence to operate a plant that is not yet constructed or that requires alterations.

2. An application to change a licence, if the change would require that a plant undergo construction or alterations.

(4) A person who wishes to renew a licence to operate a plant shall submit an application to the Director at least 60 days before the licence expires.

(5) An application for a licence shall include the following information:

1. The applicant’s name, address, phone number and other relevant contact information.

2. The location or proposed location of the plant.

3. The type of plant for which the licence is sought and, in the case of a processing plant, the kinds of processing activities to be carried out at the plant.

4. A list of the milk products to be processed at the plant.

5. The species of animal that will produce the milk to be processed at the plant.

6. An estimate of the volume of milk to be processed at the plant.

7. The source of milk to be processed at the plant.

8. The signature of the applicant, or of the signing officer, as appropriate.

(6) An application made under this section shall be in a form provided by the Director.

96. (1) Subject to section 99.3, the Director shall issue a licence to operate a plant to a person who applies in accordance with section 95 unless the Director determines that the licence should be refused under section 100.

(2) The licence shall set out,

(a) the licence number;

(b) the licensee’s name, address, phone number and other relevant contact information;

(c) the name and address of the plant;

(d) the species of animal that will produce the milk to be processed at the plant;

(e) the type of plant approved for operation and, in the case of a processing plant, the kinds of processing activities approved to be carried out at the plant;

(f) in the case of a processing plant that will process cow’s milk, the classes or sub-classes of milk established under section 11 of Regulation 753 of the Revised Regulations of Ontario, 1990 (Grades, Standards, Designations, Classes, Packing and Marking) made under the Milk Act that may be processed at the plant;

(g) the effective date and expiry date of the licence; and

(h) the Director’s signature.

(3) A licence to operate a plant is effective on the date set out in the licence and expires on the earlier of,

(a) the date set out in the licence; and

(b) the day that is three years after the effective date.

(4) The fee for a licence to operate a plant is an amount equal to $150 for each one-year period the licence is effective, subject to subsection (5).

(5) If the licence to operate a plant expires on a day other than the anniversary of the licence’s effective date, the Director may prorate the licence fee that is payable for the period from the effective date, or the last anniversary of the licence’s effective date, until the expiry date.

3. Section 99 of the Regulation is revoked and the following substituted:

99. (1) A licence to operate a plant is subject to the following conditions:

1. The licence holder shall ensure that the only milk processed at the plant is milk produced by the species specified in the licence.

2. The licence holder shall ensure that the plant being operated is the type of plant specified in the licence and, in the case of a processing plant, that the plant carries out only the kinds of processing activities specified in the licence.

3. In the case of a licence to operate a plant that processes cow’s milk, the licence holder shall ensure that the only milk products processed at the plant are within the classes or subclasses of milk specified in the licence.

4. The licence holder shall not permit an employee to work in the plant while the employee has a communicable disease.

5. The licence holder shall ensure that every employee working in the plant wears outer clothing that is clean and light in colour.

6. The licence holder shall ensure that any person who grades milk received at the plant is the holder of a certificate for that purpose issued under section 89.

7. The licence holder shall carry on business in accordance with the law, with honesty and integrity and with regard to the public interest.

8. The licence holder shall observe, perform and carry out the provisions of the Act, the regulations, all plans, agreements and awards and all orders of the Commission, the Director and the marketing board.

(2) A licence to operate a plant is not transferable.

99.1 The Director may impose conditions on a licence to operate a plant in addition to those set out in section 99.

99.2 The Director may, after a hearing, suspend or revoke a licence issued under section 96 if the licence holder fails to comply with any condition of the licence.

99.3 (1) If the Director receives an application under section 95 in respect of a licence to operate a plant at which cow’s milk is to be processed, the Director shall not issue the licence unless he or she first complies with the process described in this section.

(2) This section does not apply in respect of an application for a licence in the following circumstances:

1. The application is for a renewal of a licence to operate a plant.

2. The application is in respect of changes to a licence but the proposed changes would not change the classes or subclasses of milk specified in the licence.

(3) The Director shall notify the following persons and entities of the application:

1. The Canadian Food Inspection Agency.

2. The Dairy Farmers of Ontario.

3. The Ontario Dairy Council.

4. The Ontario Farm Products Marketing Commission.

5. Any person or entity that holds a licence as a producer, processor or distributor issued under the Act if,

i. the person or entity informs the Director in writing that the person or entity wishes to receive notice under this section, and

ii. in the opinion of the Director, the person or entity would be affected by the granting of the licence.

6. Any other person that the Director believes may have information that should be considered before determining whether to issue the licence.

(4) A notice given under subsection (3) shall include the following information:

1. The name of the applicant.

2. The location or proposed location of the plant.

3. The type or types of plant for which the licence is sought and, in the case of a processing plant, the kinds of processing activities to be carried out at the plant.

4. The fact that the recipient is entitled to provide comments or information in respect of the application in accordance with clause (5) (a), to request a meeting under clause (5) (b) or to request further information under clause (5) (c).

5. Any other relevant information that may reasonably be required to allow the recipients to comment on the application.

(5) Within 30 days after the date the notice is sent, or within such shorter period of time as may be specified in the notice, the recipient may,

(a) provide the Director with written comments or information relating to the issuing of the licence;

(b) if the recipient believes that the licence should not be issued, request that the Director hold a meeting relating to the issuing of the licence; and

(c) request that the Director provide further information about the application.

(6) If the Director receives a request for a meeting under clause (5) (b), he or she shall set a time and place for a meeting and invite the following participants to the meeting in order to discuss whether the licence to operate a plant should be issued or refused:

1. The applicant.

2. The entities and persons who provided comments or information to the Director under clause (5) (a).

3. Any other person the Director believes may have information that should be considered before determining whether to issue the licence.

(7) Even if the Director does not receive a request for a meeting under clause (5) (b), the Director may set a time and place for a meeting and invite the participants listed in subsection (6) to the meeting in order to discuss whether the licence to operate a plant should be issued or refused. 

(8)  If the Director receives a request for further information under clause (5) (c), the Director may provide further information in accordance with the request.

(9) The Director shall not determine whether to issue or refuse a licence until the time permitted under subsection (5) to provide comments or information or request a meeting has elapsed.

(10) The Director shall consider any comments or information he or she receives under clause (5) (a) or at a meeting held under subsection (6) or (7) in determining whether to issue a licence or refuse it under section 100.

4. (1)  Section 100 of the Regulation is amended by striking out “may, after a hearing, refuse” in the portion before clause (a) and substituting “may refuse”.

(2) Clause 100 (j) of the Regulation is revoked.

(3) Clause 100 (k) of the Regulation is revoked and the following substituted:

(k) where the Director is of the opinion that the plant is not necessary or desirable having regard to,

(i) the needs of the producers in the locality in which the plant is located,

(ii) the impacts on the facilities of other plants in operation,

(iii) the interests of consumers who would be served by the plant,

(iv) the conditions and policies governing both the milk supply in Ontario and the allocation of milk to Ontario plants,

(v) the socio-economic impacts resulting from a decision to grant a licence, including direct and indirect economic activity, both in the locality in which the plant is located and in other parts of Ontario.

(4) Section 100 of the Regulation is amended by adding the following subsection:

(2) Before the Director refuses to issue or renew a licence, he or she shall,

(a) give the applicant notice that he or she may request a hearing before the Director; and

(b) if a request for a hearing is made, hold a hearing.

5. Sections 101 and 107 of the Regulation are revoked.

6. The Regulation is amended by adding the following section:

109. (1) A person who holds a licence to operate a plant and who wishes to construct or alter a building intended for use as a plant or wishes to make alterations to an existing plant shall submit an application to the Director for a permit to construct or alter the building or plant before commencing the construction or alterations.

(2) The application for the permit shall include all the information required under subsection 95 (5) and two copies of drawings and specifications of the proposed construction or alteration, one copy to be retained by the Director and the second copy to be returned to the applicant.

(3) An application for a permit shall be in a form provided by the Director.

(4) A permit to construct or alter a building intended for use as a plant or to alter an existing plant is issued subject to the condition that,

(a) the plant is located on land that is well drained and readily accessible;

(b) the building being constructed or altered or the plant being altered has a supply of clean, fresh water, and has facilities for disposal of sewage sufficient for the purposes of the operation of the plant as constructed or altered;

(c) the construction or alteration of the building or alteration of the plant is carried out in accordance with the drawings and specifications submitted with the application; and

(d) the applicant has complied with the municipal by-laws and the Acts and regulations applicable to the construction or alteration being made.

Commencement

7. This Regulation comes into force 30 days after the day it is filed.

Made by:

Ontario Farm Products Marketing Commission:

Geri Kamenz

Chair

Rob Gamble

Secretary (A)

Date made: July 16, 2014.