ontario regulation 123/25

made under the

Milk Act

Made: June 9, 2025
Filed: June 19, 2025
Published on e-Laws: June 19, 2025
Published in The Ontario Gazette: July 5, 2025

Amending O. Reg. 209/99

(BY-LAWS FOR MARKETING BOARDS)

1. Section 2 of Ontario Regulation 209/99 is revoked and the following substituted:

2. A marketing board may have a corporate seal but, for greater certainty, is not required to have one.

2. (1) Subsection 4 (1) of the Regulation is amended by striking out “his or her” and substituting “their”.

(2) Subsection 4 (4) of the Regulation is amended by striking out “he or she” and substituting “the chair”.

3. Clause 5 (2) (e) of the Regulation is amended by striking out “him or her” and substituting “the secretary”.

4. (1) Clause 6 (2) (f) of the Regulation is amended by striking out “him or her” and substituting “the treasurer”.

(2) Subsections 6 (3) to (5) of the Regulation are revoked.

5. Section 11 of the Regulation is revoked and the following substituted:

11. Every member and officer of a marketing board, in exercising their powers and discharging their duties to the board, shall,

(a) act honestly and in good faith with a view to the best interests of the marketing board; and

(b) exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances.

6. (1) Subparagraph 1 iii of subsection 13 (1) of the Regulation is revoked.

(2) Paragraph 3 of subsection 13 (1) of the Regulation is revoked.

7. Subsections 14 (2) and (3) of the Regulation are revoked and the following substituted:

(2) The auditor shall make a report to the board on the accounts that have been examined and on every balance sheet put before the board at a general meeting, and in the report shall state whether, in the auditor’s opinion, the balance sheets referred to in the report show a true and accurate picture of the state of the board’s affairs as indicated in the books and in the treasurer’s statement.

8. Subsection 15 (2) of the Regulation is revoked and the following substituted:

(2) If the board publishes, within the required period, the information set out in subsection (1) in one issue of at least one edition of a newspaper, magazine or other publication having general distribution among producers, it shall be deemed to be in compliance with the requirements of that subsection.

(3) A marketing board shall provide a copy of a report or statement that has been made available to a producer on paper or electronically under this section in the other format if requested to do so by a producer.

9. Subsection 16 (2) of the Regulation is revoked and the following substituted:

(2) At every annual meeting referred to in subsection (1), the marketing board shall,

(a) present the auditor’s report referred to in subsection 14 (2) and the board’s annual statement of operations and annual financial report; and

(b) announce the appointment of auditors for the next annual meeting.

(3) At every meeting referred to in subsection (1), the marketing board shall make available to every person attending the meeting a copy of the reports and statements referred to in clause (2) (a). Where electronic copies are provided at an in-person meeting, paper copies shall also be provided upon request.

10. (1) Subsection 18 (1) of the Regulation is amended by striking out “in any manner, including publication in at least one newspaper or magazine having general circulation among the producers” at the end.

(2) Subsection 18 (2) of the Regulation is amended by striking out “by newspaper publication or otherwise”.

11. (1) Subsection 19 (1) of the Regulation is amended by striking out “his or her” and substituting “their”.

(2) Subsection 19 (2) of the Regulation is amended by,

(a) striking out “his or her” and substituting “their”; and

(b) striking out “he or she” and substituting “they”.

Commencement

12. This Regulation comes into force on the day it is filed.

Made by:

Ontario Farm Products Marketing Commission:

Ralph Dietrich

Vice Chair, Ontario Farm Products Marketing Commission

Karl Maiterth

Secretary, Ontario Farm Products Marketing Commission

Date made: June 9, 2025