[36] Bill 170 Original (PDF)
Bill 170 1997
An Act to amend the Milk Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. (1) Section 1 of the Milk Act is amended by adding the following definitions:
"administrative agreement" in relation to a designated administrative authority means an agreement that the Minister has entered into with the authority with respect to the designated legislation for which the administration and enforcement is delegated to the authority; ("accord d'application")
"administrative authority" means the Government of Canada, an agency of the Government of Ontario or Canada, a not-for-profit corporation without share capital incorporated under the laws of Ontario or Canada that operates in Ontario or a marketing board; ("organisme d'application")
"designated administrative authority" means an administrative authority that the Minister has designated under subsection 2.2 (2); ("organisme d'application dsign")
"designated legislation" means this Act, the regulations or provisions of this Act or the regulations, where the Minister has designated the legislation under subsection 2.2 (1); ("texte lgislatif dsign")
"Tribunal" means the Tribunal as defined in section 15 of the Ministry of Agriculture and Food Act. ("Commission d'appel")
(2) The definitions of "Director" and "Minister" in section 1 of the Act are repealed and the following substituted:
"Director" means, in respect of a provision of this Act or the regulations, the Director appointed under this Act by the person who is responsible for the administration and enforcement of the provision; ("directeur")
"Minister" means the Minister of Agriculture, Food and Rural Affairs. ("ministre")
2. The Act is amended by adding the following sections: Administration and Enforcement Director
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. 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. 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. 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. 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. Designations
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. 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. 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. 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. 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. 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. 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. Administrative agreement
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. 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. 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. Revocation of designations
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. 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. 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. 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. Duties of designated administrative authority
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. 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. 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). Form and contents
(4) The report shall be in a form acceptable to the Minister and shall provide the particulars that the Minister requires. Employees
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. Not Crown employees
(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 Crown employees while they do work for the authority and shall not hold themselves out as such. Not Crown agents
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 agents of the Crown in right of Ontario and shall not hold themselves out as such. Crown liability
2.8 (1) No action or other proceeding for damages shall be instituted against a Crown employee 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. Tort by Crown employee
(2) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a Crown employee to which it would otherwise be subject. 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. 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. Liability of staff
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). 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. Reconsideration
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. Hearing
(2) Subsection 17 (2) and (6) of the Ministry of Agriculture and Food Act apply to the request for reconsideration as if it were an application under subsection 17 (1) of that Act. 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. Application of other Act
(4) Subsections 16 (1), (3), (4), (6) to (15) and section 18 of the Ministry of Agriculture and Food Act apply with necessary modifications to the appeal. Where marketing board is designated authority
(5) Subject to this section, sections 16 and 17 of the Ministry of Agriculture and Food 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. Regulations
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. Scope of regulations
(2) A regulation may be general or particular in its application.
3. (1) The Act is amended by adding the following heading immediately preceding subsection 3 (1) : General
(2) Subsection 3 (2) of the Act is amended by adding the following clause:
(f.1) appoint persons to inspect the books, records, documents, equipment and premises of persons engaged in the producing, processing or marketing of milk or milk products.
(3) Subsection 3 (5) of the Act is repealed and the following substituted: Delegation of powers
(5) The Commission may delegate to a marketing board those of its powers under subsection (2), other than clause (2) (f.1), that it considers necessary and may at any time terminate the delegation.
4. Section 4 of the Act is repealed and the following substituted: Powers of inspectors
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. 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.
5. Clause 7 (11) (b) of the Act is repealed and the following substituted:
(b) require the marketing board to revoke any regulation, order or direction that it has made under the powers.
6. Section 12 of the Act is repealed.
7. (1) Paragraph 5 of subsection 19 (1) of the Act is amended by adding at the beginning "subject to subsection (2)".
(2) The English version of clause (b) of paragraph 22 of subsection 19 (1) of the Act is amended by adding "and" at the end.
(3) Clauses (d) and (e) of paragraph 22 of subsection 19 (1) of the Act are repealed.
(4) Subsection 19 (1) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 30 and 1996, chapter 17, Schedule H, section 3, is amended by adding the following paragraphs:
67.1 providing for the establishment, payment and collection of fees, administrative penalties, costs, interest charges or other charges related to the administration or enforcement of this Act or the regulations in respect of the quality of milk or cream, in addition to the Commission's other powers to prescribe fees or penalties by regulation;
67.2 providing for the terms, conditions, methods and time of payment of the fees, penalties, costs or charges established under paragraph 67.1.
(5) Subsection 19 (3.1) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 30, is repealed and the following substituted: Rolling incorporation
(4) If a regulation under subsection (3) so provides, the requirement adopted by reference shall be a reference to the requirement as amended from time to time, whether the amendment was made before or after the regulation was adopted. Charges payable under regulations
(5) The Commission may, with respect to a regulation made or that will be made under paragraph 22, 27, 35 or 67.1 of subsection (1), make regulations specifying that,
(a) the charges payable under the regulation, including fees, penalties and costs, are payable to the designated administrative authority, if any, to which the administration and enforcement of the regulation is delegated or another person specified in the Commission's regulation;
(b) the authority or other person to whom the charges under the regulation are payable may use the charges so collected for the purposes specified in the Commission's regulation; and
(c) the authority or other person to whom the charges under the regulation are payable shall pay the portion of the charges that is specified in the Commission's regulation,
(i) into the Consolidated Revenue Fund, if that regulation does not specify otherwise, or
(ii) to the person and for the use specified. Not public money
(6) Subject to subclause (5) (c) (i), the money that a designated administrative authority or another person collects under a regulation made under paragraph 22, 27, 35 or 67.1 of subsection (1) is not public money within the meaning of the Financial Administration Act. Use of charges collected
(7) The authority or other person shall not use the money collected except to pay the authority's costs and expenses of carrying out the administration and enforcement delegated to the authority or for the other purposes that the Commission specifies in a regulation made under clause (5) (b). Use of money paid over
(8) A person who receives money under subclause (5) (c) (ii) shall not use the money for any purpose other than the use that the Commission specifies in a regulation made under that subclause.
8. The Act is amended by adding the following section: Delegation of regulation-making powers
19.1 (1) Subject to subsections (2), (3) and (4), as long as a regulation of the Minister designating an administrative authority for the purpose of administering and enforcing designated legislation is in force, the Commission may, by regulation, delegate to the authority those of its powers, that the Commission considers necessary and specifies in its regulation,
(a) to make regulations under subsection 19 (1) that relate to the producing of milk or cream or anything related to it, except for a power to make regulations mentioned in clause (b); or
(b) to make regulations under paragraph 22, 27, 35, 67.1 or 67.2 of subsection 19 (1) that relate to fees, penalties, costs or charges in respect of designated legislation for which the administration and enforcement are delegated to the authority, other than regulations specifying the person to whom they are payable or the use that the person may make of them. Powers not delegated
(2) For the purpose of clause (1) (a), the Commission shall not specify any power to make regulations that, in its opinion, have as their primary purpose the protection of the health or safety of the public. Same
(3) A power to make regulations that the Commission delegates to a designated administrative authority under subsection (1) does not include any power to make regulations under subsection 19 (5). Limitations and terms
(4) The Commission may specify limitations and terms that apply to the powers to make regulations that it delegates to a designated administrative authority under subsection (1). Publication and revocation of regulations
(5) A designated administrative authority that makes a regulation in the exercise of the powers delegated to it under subsection (1) shall,
(a) provide a copy of the regulation to the Commission, the Minister and all other persons whom the Commission by direction specifies;
(b) publish the regulation in the manner and at the time that the Commission by direction specifies; and
(c) at the request of the Commission, revoke the regulation. Reconsideration of regulation
(6) If a person is affected by a regulation made by a designated administrative authority in the exercise of the powers delegated to it under subsection (1), the person may request that the administrative authority reconsider the regulation. Application of other Act
(7) Subsections 17 (3), (5) and (6) of the Ministry of Agriculture and Food Act apply with necessary modifications to the request for reconsideration as if the regulation were a regulation mentioned in those subsections. Appeal
(8) If a person is aggrieved by a regulation made by a designated administrative authority in the exercise of the powers delegated to it under subsection (1), the person may appeal to the Tribunal. Application of other Act
(9) Subsections 16 (2) to (15) and section 18 of the Ministry of Agriculture and Food Act apply with necessary modifications to the appeal.
9. The heading immediately preceding section 21 of the Act is repealed and the following substituted: MISCELLANEOUS Commencement
10. This Act comes into force on the day it receives Royal Assent. Short title
11. The short title of this Act is the Milk Amendment Act, 1997.