Milk Act - R.R.O. 1990, Reg. 752

Milk Act
Loi sur le lait

R.R.O. 1990, REGULATION 752

Amended to O.Reg. 114/06

CREAM PRODUCERS — LICENCES

Note: This Regulation was revoked on April 13, 2006. See: O.Reg. 114/06, s.1.

This Regulation is made in English only.

1.In this Regulation,

“cream” means cream delivered to a plant in Ontario for manufacture into creamery butter;

“marketing board” means The Ontario Cream Producers’ Marketing Board;

“plan” means The Ontario Cream Producers’ Marketing-for-Processing Plan;

“producer” means a producer engaged in the production of cream. R.R.O. 1990, Reg. 752, s. 1.

2.This Regulation provides for the control and regulation in any or all respects of the marketing within Ontario of cream, including the prohibition of such marketing in whole or in part. R.R.O. 1990, Reg. 752, s. 2.

3.(1)No person shall commence or continue to engage in the producing of cream except under the authority of a licence as a producer of cream. R.R.O. 1990, Reg. 752, s. 3(1).

(2)A licence is not transferable. R.R.O. 1990, Reg. 752, s. 3(2).

(3)The marketing board may refuse to grant or may suspend or revoke a licence to engage in the producing of cream if,

(a)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;

(b)the applicant or licensee has failed to observe, perform or carry out the provisions of the Act, the regulations, the plan or any order or direction of the marketing board; or

(c)or for any other reason that the marketing board considers proper. R.R.O. 1990, Reg. 752, s. 3(3).

(4)A licence shall be deemed to have been issued to every producer who has paid the required licence fees under subsection 4 (1), and whose licence has not been refused, suspended or revoked under subsection 3(3). O.Reg. 777/91, s. 1.

4.(1)Every producer shall pay licence fees at the rate of 17 cents for each kilogram or fraction thereof of milk-fat in cream delivered to a plant. R.R.O. 1990, Reg. 752, s. 4(1).

(2)Every person who receives cream from a producer shall deduct from the money payable to the producer the licence fees payable by the producer to the marketing board and shall pay such licence fees to the marketing board. R.R.O. 1990, Reg. 752, s. 4(2).

(3)Every person who deducts licence fees under subsection (2) shall pay to the marketing board the fees deducted in each month not later than the tenth day of the following month. R.R.O. 1990, Reg. 752, s. 4(3).

(4)The marketing board may recover from any person by suit in a court of competent jurisdiction any licence fees payable to the marketing board. R.R.O. 1990, Reg. 752, s. 4(4).

5.(1)Cream shall be marketed on a quota basis. R.R.O. 1990, Reg. 752, s. 5(1).

(2)No person to whom a quota has not been fixed and allotted for the marketing of cream or whose quota has been cancelled shall market any cream. R.R.O. 1990, Reg. 752, s. 5(2).

(3)No person to whom a quota has been fixed and allotted for the marketing of cream shall market any cream in excess of such quota. R.R.O. 1990, Reg. 752, s. 5(3).

6.Every person who receives cream from a producer shall report to the marketing board the amount of milk-fat received in each month from each producer not later than the tenth day of the following month. R.R.O. 1990, Reg. 752, s. 6.