Completed regulatory amendments for 2023
Completed December 20, 2023: R.R.O. 1990, Regulation 753 (Grades, Standards, Designations, Classes, Packing and Marking)
The Ontario Farm Products Marketing Commission (commission) amended Regulation 753: Grades, Standards, Designations, Classes, Packing and Marking under the Milk Act.
The amendments update the table in Regulation 753 that sets out classes of milk based on its end use in specified dairy products from which Dairy Farmers of Ontario (DFO) will, according to class, differentially bill processors for milk purchased from DFO.
The amendments align milk classification in Ontario with the approach in other provinces ensuring dairy processors are not advantaged or disadvantaged in their operations in different provinces.
Completed September 29, 2023: O. Reg. 403/10: Hogs - Plan
The commission made amendments to O. Reg. 403/10: Hogs - Plan revising Ontario Pork's (OP) governance structure and modernized the regulation. Amendments include:
- clarifying requirements for the administration of the election (such as timelines to submit nomination forms, nomination form requirements) and authorizing the local board to establish additional requirements within an administrative document (form)
- providing the board with authority to call, hold and chair zone council meetings
- limiting all eligible individuals to serve on the board to a lifetime limit of 14 years on the board
- simplifying provisions related to the approval of associations while maintaining the framework requiring associations to have a constitution and a distinct association area, providing the board with greater flexibility and permitting the amalgamation of existing associations subject to board approval
- realigning producing zones from 4 to 5
- amending the zone delegate allotment formula to reduce the number of delegates
- amending the delegate election process (delegate positions will be held within the zone election process, vacant delegate positions in an association will be open to all producers in that association's zone)
- realigning the number of board members per zone (1 board member elected per zone except for Huron/Perth zone which will elect 2 board members) and adding 3 at-large board member positions (open province-wide); if a zone fails to elect a board member(s), the amendment includes the ability for vacant board member positions to be filled, by opening the position to all eligible delegates in Ontario
- consequential amendments and necessary transition provisions
The commission has the authority to amend O. Reg. 403/10, subject to the approval of the Minister of Agriculture, Food and Rural Affairs. The regulation was filed with the Registrar of Regulations and is now in effect.
Completed August 3, 2023: R.R.O. 1990, Regulation 418: Greenhouse Vegetables - Plan and R.R.O. 1990, Regulation 400: By-Laws for Local Boards
Following a request of the Ontario Greenhouse Vegetable Growers (OGVG), the commission made an amendment to Regulation 418: Greenhouse Vegetables – Plan which provided the board with authority to appoint a non-voting chair, who is not required to be a producer of greenhouse vegetables.
A consequential amendment to Regulation 400: By-Laws for Local Boards was also made to clarify that certain provisions within that regulation related to chairs of local boards do not apply to a non-voting chair appointed under Regulation 418.
The commission has the authority to make amendments to Regulation 418, subject to approval by the Minister of Agriculture, Food and Rural Affairs. Regulation 400 is a commission-made regulation, which the commission has the authority to amend.
The regulations were filed with the Registrar of Regulations and are now in effect.
Completed June 23, 2023: Regulation 761: Milk and Milk Products
At the request of dairy industry stakeholders, the commission amended Regulation 761: Milk and Milk Products under the Milk Act.
Regulation 761 provides for the licensing and regulation of dairy processing plants in Ontario, as well as the certification of Plant Milk Graders (PMGs) and Bulk Tank Milk Graders (BTMGs). The regulation was developed over 60 years ago and needs to reflect a more modern and flexible approach to regulating the frequency of cleaning and sanitizing of dairy processing plants, the certification of PMGs who grade milk at on-farm processing plants and the expiry dates of BTMG and PMG certificates.
The amendments include:
- Replacing the requirement for a prescriptive minimum frequency of cleaning and sanitizing in a dairy plant with:
- a requirement that the plant be cleaned and sanitized as often as necessary to maintain a hygienic environment
- a requirement for written sanitation programs providing the most appropriate cleaning frequency based on the food safety risk of the plant’s processes and products
- thorough records of the routine implementation of the written sanitation programs
- Review of written sanitation programs and records will be part of the routine inspection process and licensing decisions for dairy plants by the Ministry’s dairy inspection program.
- Allowing an on-farm processor (or their employee) who only processes their own milk and already holds a BTMG certificate to receive a PMG certificate without requiring them to complete the PMG examination.
- BTMG and PMG certificates will be allowed to expire up to a maximum of five years after an effective date (instead of exactly five years from the date of issue), which will provide organizations that operate certificate renewal programs with the flexibility to align certificate expirations on a common fixed date. This will simplify the administration of certificate renewal processes.
Additional minor consequential amendments were made to uniformly use the term Bulk Tank Milk Grader (BTMG) throughout Regulation 761 and to provide consistent direction for BTMGs — whether transferring milk from a farm bulk tank to a tank-truck, or to an on-farm processing plant.
The amendments will reduce the burden placed on dairy businesses, while maintaining Ontario’s high food safety and quality standards. It is estimated that the proposed amendments may provide annual savings of $46,300 for dairy processors and associations.
Completed June 9, 2023: R.R.O. 1990, Regulation 430: Sheep - Plan and R.R.O. 1990, Regulation 429: Sheep - Marketing
Following a request from the Ontario Sheep Marketing Agency (OSMA), the commission made an amendment to Regulation 430: Sheep – Plan, that:
- introduced director term limits which allow a producer in a district to be elected as a member of the board for 3 consecutive 3-year terms (9 years) after which the producer must take a mandatory break in service before being eligible again for election
- changed the board’s name from Ontario Sheep Marketing Agency to Ontario Sheep Farmers
A consequential amendment to the name of the board in Regulation 429: Sheep – Marketing was also made.
Regulation 430 also required housekeeping amendments that removed outdated references to the Co-operative Corporations Act, updated the geographic references to align with the Territorial Division Act, and translated the regulation into French. These updates did not change the intent of the original posting.
The Regulations were filed with the Registrar of Regulations and are now in effect.
Completed June 9, 2023: O. Reg. 415: Grapes for Processing — Plan and O. Reg. 414: Grapes for Processing — Marketing
Following a request from stakeholders in the processing grape industry, the commission have amended O. Reg. 415: Grapes for Processing — Plan and O. Reg. 414: Grapes for Processing — Marketing under the Farm Products Marketing Act.
Amendments to O. Reg. 415 reduce the number of grape-producing districts from 6 to 4 and re-allocate seats on the Grape Growers’ Committee and the Grape Growers of Ontario’s board across the updated district boundaries.
Amendments to O. Reg. 414 give the industry more flexibility when determining the term of the negotiated pricing agreements. The industry can now negotiate multi-year agreements if they feel inclined, which will provide our grape processing industries with cost savings, reduce the time and effort spent in negotiations, and promote greater stability across the supply chain. The industry can continue to negotiate 1-year agreements if they choose to do so.
All references to an industry organization (such as Wine Growers Ontario) have been updated to reflect its current legal name.
Completed June 5, 2023: O. Reg. 316/08: Designation – Flowers Canada (Ontario) Inc.
Following a request from Flowers Canada (Ontario) Inc. (FCO), an amendment to O. Reg. 316/08: Designation – Flowers Canada (Ontario) Inc. under the Farm Products Marketing Act was made by the Lieutenant Governor in Council.
The annual producer fee payable to FCO by greenhouse floriculture producers will increase.
As of July 1, 2023, the fee will be 3.5 cents per ft2 of production. Producers will be obligated to pay no more than $29,750.
As of July 1, 2024 and subsequent years, the fee will be 4 cents per ft2 of production. Producers with be obligated to pay no more than $34,000.
The amendments to O. Reg. 316/08: Designation – Flowers Canada (Ontario) provide the association with revenue to support the activities desired by the members to enhance the profitability and competitiveness of the sector.
The regulation was filed with the Registrar of Regulations and came into effect July 1, 2023.
Completed January 24, 2023: O. Reg. 485/09: Grain — Marketing
The commission is proposing to amend O. Reg. 485/09 (Grain — Marketing), to revoke a provision that requires the members of the Grain Industry Advisory Committee (GIAC) to meet at least once per year and clarify the establishment of end dates for negotiated soybean agreements.