Regulation - Minister

Proposed amendments to R.R.O. 1990 Regulation 761, (Milk and Milk Products) under the Milk Act concerning the application criteria and process leading to the issuance of dairy plant permits and licenses.

Regulation Number(s):
Regulation 761 (Milk and Milk Products)
Instrument Type:
Regulation - Minister
Bill or Act:
Milk Act
Summary of Decision:
The Ontario Farm Products Marketing Commission approved amendments to Regulation 761 made under the Milk Act on July 16, 2014. The amendments came into force on September 29, 2014, 30 days after filing.

The changes focus on the application and decision making process leading to the Director's decision on whether to grant a licence to operate a milk plant. The roles and responsibilities of various parties including the Director who makes the licensing decision are specified in regulation.

Applications for a dairy plant licence continue to be submitted to the Director. The regulation sets out the information an applicant is required to submit on an application. One of the key changes is that the Director will now decide whether a licence will be granted prior to the applicant beginning the process of building or altering a plant. The licence will set out an expanded list of information including the species of milk being processed and products manufactured, and, in the case of cow's milk, the classes or subclasses of milk being utilized.

Before issuing a licence for a plant that will be processing cow's milk, the Director will give notice to industry stakeholders and provide for a 30 comment period. The submission of comments is intended to give the Director relevant information to assist in the decision making process.

Additional criteria that the Director shall consider in making a licensing decision has been added. New criteria include the conditions and policies governing the milk supply in Ontario and the socio-economic impacts resulting from a decision to grant a licence.
Further Information:
Proposal Number:
Posting Date:
May 22, 2013
Summary of Proposal:
To operate a dairy plant in Ontario, businesses must be licensed pursuant to the requirements in the Milk Act and Regulations under the Act. In addition, before a business constructs a new plant or alters an existing plant a permit must also be granted by the Director appointed under the Act.

The regulatory requirements to obtain a dairy plant permit, and to obtain or renew a dairy plant license are contained in Regulation 761 under the Milk Act and in the Milk Act.

The Ontario Farm Products Marketing Commission (Commission) is responsible for amendments to Regulation 761. The dairy industry has asked the Commission to undertake a review of criteria contained in Regulation 761 as it concerns the Directors decision making process in determining whether to issue a dairy plant permit and license.

A further posting may be provided should the Commission review determine that substantive amendments to regulation 761 are required to provide a clear and transparent process for applicants and dairy industry stakeholders.

Contact Address:
John Fitzgerald
Marketing Analyst
Farm Products Marketing Commission
1 Stone Road West, Guelph, Ontario N1G 4Y2
Phone: 519 826-3222
Fax: 519 826-3400
Effective Date:
September 29, 2014