Edible Oil Products Act, R.S.O. 1990, c. E.1

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Edible Oil Products Act

R.S.O. 1990, CHAPTER E.1

Note: This Act was repealed on January 1, 2005. See: 2001, c. 20, ss. 57, 61 (2). See also 2002, c. 35, ss. 1, 2; 2004, c. 4, ss. 1, 2.

Amended by: 1994, c. 27, s. 17; 1999, c. 12, Sched. A, s. 10; 2001, c. 20, s. 57.

Definitions

1. In this Act,

“analyst” means an analyst appointed under this Act; (“analyste”)

“chief inspector” means the chief inspector appointed under this Act; (“inspecteur en chef”)

“dairy product” means any milk product designated by name as a milk product in the Milk Act or designated as a milk product or fluid milk product in the regulations made thereunder; (“produit laitier”)

“edible oil product” means a food substance, other than a dairy product, of whatever origin, source or composition that is manufactured for human consumption wholly or in part from a fat or oil other than that of milk; (“produit oléagineux comestible”)

“inspector” means an inspector appointed under this Act; (“inspecteur”)

“licence” means a licence under this Act; (“permis”)

“Minister” means the Minister of Agriculture and Food; (“ministre”)

“regulations” means the regulations made under this Act; (“règlements”)

“Tribunal” means the Agriculture, Food and Rural Affairs Appeal Tribunal continued under the Ministry of Agriculture, Food and Rural Affairs Act. (“Tribunal”) R.S.O. 1990, c. E.1, s. 1; 1999, c. 12, Sched. A, s. 10.

Application of Act

2. This Act applies to every edible oil product and class of edible oil product designated in the regulations. R.S.O. 1990, c. E.1, s. 2.

Manufacture and sale of certain edible oil products prohibited

3. (1) No person shall manufacture or sell an edible oil product, other than oleomargarine, manufactured by any process by which fat or oil other than that of milk has been added to or mixed or blended with a dairy product in such manner that the resultant edible oil product is an imitation of or resembles a dairy product. R.S.O. 1990, c. E.1, s. 3 (1).

Flavouring exempted

(2) Subsection (1) does not prevent the use of chocolate or cocoa or any flavouring preparation that contains fat or oil other than that of milk when used for the purpose of flavouring a dairy product so long only as such fat or oil does not exceed one-half of 1 per cent by weight of the dairy product. R.S.O. 1990, c. E.1, s. 3 (2).

Licence required

4. No person shall manufacture or sell by wholesale an edible oil product to which this Act applies without a licence therefor from the chief inspector. R.S.O. 1990, c. E.1, s. 4.

Licence, issue

5. (1) The chief inspector shall issue a licence to a person who makes application therefor in accordance with this Act and the regulations and pays the prescribed fee unless, after a hearing,

(a) the chief inspector finds that,

(i) the applicant was previously the holder of a licence and such licence was cancelled under this Act, or

(ii) the applicant or, where the applicant is a corporation, any officer, director or servant thereof or any person who will be in any way associated with the applicant in the operations pursuant to the licence was convicted of an offence under this Act,

and in his or her opinion the grounds for such cancellation or conviction warrant a refusal to issue the licence; or

(b) the chief inspector is of opinion that,

(i) the past conduct of the applicant or, where the applicant is a corporation, of its officers or directors, affords reasonable grounds for belief that the business that would be authorized by the licence will not be carried on in accordance with law, or

(ii) the applicant is not in a position to observe or carry out the provisions of this Act and the regulations. R.S.O. 1990, c. E.1, s. 5 (1).

Renewal

(2) Subject to section 6, the chief inspector shall renew a licence on application therefor by the licensee in accordance with this Act and the regulations and payment of the prescribed fee. R.S.O. 1990, c. E.1, s. 5 (2).

Refusal to renew, suspension or cancellation

6. (1) The chief inspector may refuse to renew or may suspend or cancel a licence if, after a hearing, the chief inspector finds that,

(a) the licensee or, where the licensee is a corporation, any officer, director or servant thereof, has contravened or has permitted any person under the licensee’s control or direction or associated with the licensee in connection with its operations as a licensee to contravene any provision of this Act or the regulations or a term or condition of the licence or has been convicted of an offence under this Act and such contravention or conviction in the chief inspector’s opinion warrants such refusal to renew, suspension or cancellation of the licence; or

(b) any other ground for refusal to renew, suspension or cancellation specified in the regulations exists. R.S.O. 1990, c. E.1, s. 6 (1).

Provisional suspension, etc.

(2) Despite subsection (1), the chief inspector, by notice to a licensee and without a hearing, may provisionally refuse to renew or suspend the licensee’s licence where in the opinion of the chief inspector it is necessary to do so for the immediate protection of the safety or health of any person or the public and the chief inspector so states in such notice giving his or her reasons therefor, and thereafter the chief inspector shall hold a hearing to determine whether renewal of the licence should be refused or whether the licence should be further suspended or cancelled under this Act and the regulations. R.S.O. 1990, c. E.1, s. 6 (2).

Continuation of licence pending renewal

(3) Subject to subsection (2), where, within the time prescribed therefor or, if no time is prescribed, before expiry of the licence, a licensee has applied for a renewal of the licence and has paid the prescribed fee and observed or carried out the provisions of this Act and the regulations, the existing licence shall be deemed to continue until the licensee has received the decision of the chief inspector on the application for renewal. R.S.O. 1990, c. E.1, s. 6 (3).

Notice of hearing

7. (1) The notice of a hearing by the chief inspector under section 5 or 6 shall afford the applicant or licensee reasonable opportunity to show or to achieve compliance before the hearing with all lawful requirements for the issue or retention of the licence. R.S.O. 1990, c. E.1, s. 7 (1).

Examination of documentary evidence

(2) An applicant or licensee who is a party to proceedings in which the chief inspector holds a hearing shall be afforded an opportunity to examine before the hearing any written or documentary evidence that will be produced or any report the contents of which will be given in evidence at the hearing. R.S.O. 1990, c. E.1, s. 7 (2).

Variation of decision by chief inspector

8. Where the chief inspector has refused to issue or renew or has suspended or cancelled a licence pursuant to a hearing, the chief inspector may, at any time of his or her own motion or on the application of the person who was the applicant or licensee, vary or rescind the decision, but the chief inspector shall not vary or rescind his or her decision adversely to the interests of any person without holding a rehearing to which such person is a party and may make such decision pursuant to such rehearing as the chief inspector considers proper under this Act and the regulations. R.S.O. 1990, c. E.1, s. 8.

Appeal to Tribunal

9. (1) Where the chief inspector refuses to issue or renew, or suspends or cancels a licence, the applicant or licensee may, by written notice delivered to the chief inspector and filed with the Tribunal within fifteen days after receipt of the decision of the chief inspector, appeal to the Tribunal. R.S.O. 1990, c. E.1, s. 9 (1).

Extension of time for appeal

(2) The Tribunal may extend the time for the giving of notice by an applicant or licensee under subsection (1), either before or after expiration of such time, where it is satisfied that there are apparent grounds for appeal and that there are reasonable grounds for applying for the extension. R.S.O. 1990, c. E.1, s. 9 (2).

Disposal of appeal

(3) Where an applicant or licensee appeals to the Tribunal under this section, the Tribunal shall hear the appeal by way of a new hearing to determine whether the licence should be issued, renewed, suspended or cancelled and may, after the hearing, confirm or alter the decision of the chief inspector or direct the chief inspector to do any act he or she is authorized to do under this Act and as the Tribunal considers proper, and, for such purpose, the Tribunal may substitute its opinion for that of the chief inspector. R.S.O. 1990, c. E.1, s. 9 (3).

Effect of decision pending disposal of appeal

(4) Even though an applicant or licensee has appealed under this section from a decision of the chief inspector, unless the chief inspector otherwise directs, the decision of the chief inspector is effective until the appeal is disposed of. R.S.O. 1990, c. E.1, s. 9 (4).

Parties

10. (1) The chief inspector, the appellant and such other persons as the Tribunal may specify are parties to the proceedings before the Tribunal under this Act. R.S.O. 1990, c. E.1, s. 10 (1).

Members making decision not to have taken part in investigation, etc.

(2) Members of the Tribunal assigned to render a decision after a hearing shall not have taken part prior to the hearing in any investigation or consideration of the subject-matter of the hearing and shall not communicate directly or indirectly in relation to the subject-matter of the hearing with any person or with any party or representative of a party except upon notice to and opportunity for all parties to participate, but such members may seek legal advice and in such case the nature of the advice should be made known to the parties in order that they may make submissions as to the law. R.S.O. 1990, c. E.1, s. 10 (2).

Recording of evidence

(3) The oral evidence taken before the Tribunal at a hearing shall be recorded and, if so required, copies of a transcript thereof shall be furnished upon the same terms as in the Ontario Court (General Division). R.S.O. 1990, c. E.1, s. 10 (3).

Findings of fact

(4) The findings of fact of the Tribunal pursuant to a hearing shall be based exclusively on evidence admissible or matters that may be noticed under sections 15 and 16 of the Statutory Powers Procedure Act. R.S.O. 1990, c. E.1, s. 10 (4).

Only members at hearing to participate in decision

(5) No member of the Tribunal shall participate in a decision of the Tribunal pursuant to a hearing unless he or she was present throughout the hearing and heard the evidence and argument of the parties and, except with the consent of the parties, no decision of the Tribunal shall be given unless all members so present participate in the decision. R.S.O. 1990, c. E.1, s. 10 (5).

Appeal to court

11. (1) Any party to the hearing before the Tribunal may appeal from the decision of the Tribunal to the Divisional Court. R.S.O. 1990, c. E.1, s. 11 (1).

Minister entitled to be heard

(2) The Minister is entitled to be heard, by counsel or otherwise, on the argument of an appeal under this section. R.S.O. 1990, c. E.1, s. 11 (2).

Record to be filed in court

(3) The chair of the Tribunal shall file with the Divisional Court the record of the proceedings before the Tribunal which, together with a transcript of the evidence before the Tribunal, if it is not part of the Tribunal’s record, shall constitute the record in the appeal. R.S.O. 1990, c. E.1, s. 11 (3).

Powers of court on appeal

(4) An appeal under this section may be made on any question that is not a question of fact alone and the court may confirm or alter the decision of the Tribunal or direct the chief inspector to do any act he or she is authorized to do under this Act or may refer the matter back to the Tribunal for reconsideration by the Tribunal as the court considers proper, and the court may substitute its opinion for that of the chief inspector or the Tribunal. R.S.O. 1990, c. E.1, s. 11 (4).

Effect of decision of Tribunal pending disposal of appeal

(5) Although an applicant or licensee has appealed under this section from a decision of the Tribunal, unless the Tribunal otherwise directs, the decision of the Tribunal is effective until the appeal is disposed of. R.S.O. 1990, c. E.1, s. 11 (5).

Sale of edible oil products

12. No person shall offer for sale or sell by wholesale or retail an edible oil product to which this Act applies that does not comply with this Act and the regulations. R.S.O. 1990, c. E.1, s. 12.

Inspectors, etc., appointment

13. (1) The Minister may appoint a chief inspector and such inspectors and analysts as are considered necessary for the administration and enforcement of this Act and the regulations. R.S.O. 1990, c. E.1, s. 13 (1); 1994, c. 27, s. 17 (1).

Obstruction of inspector

(2) No person shall obstruct an inspector in the performance of his or her duties or furnish an inspector with false information. R.S.O. 1990, c. E.1, s. 13 (2).

Regulations

14. (1) The Lieutenant Governor in Council may make regulations,

(a) designating the edible oil products or classes of edible oil products to which this Act applies;

(b) providing for the issue of licences to manufacturers and wholesalers of any edible oil product and prescribing the form, terms and conditions thereof and the fees to be paid therefor, and providing for the renewal, suspension and cancellation thereof;

(b.1) exempting classes of persons from the requirement under section 4 to hold a licence, in such circumstances as may be prescribed and subject to such restrictions as may be prescribed;

(c) prescribing standards for the operation and maintenance of premises and facilities in which any edible oil product is manufactured, packed or stored;

(d) prescribing the standards of quality for and the composition of any edible oil product or class of edible oil product;

(e) providing for the detention and confiscation of any edible oil product that does not comply with this Act and the regulations;

(f) respecting the advertising of any edible oil product or class of edible oil product;

(g) requiring and providing for the identification by labelling or otherwise of any edible oil product or class of edible oil product sold or offered for sale;

(h) prescribing the powers and duties of inspectors and analysts;

(i) prescribing the records to be kept by manufacturers and wholesalers of any edible oil product;

(j) exempting any manufacturer, wholesaler or retailer of any edible oil product from this Act and the regulations, and prescribing terms and conditions therefor;

(k) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act. R.S.O. 1990, c. E.1, s. 14; 1994, c. 27, s. 17 (2).

Same

(2) The Lieutenant Governor in Council may make regulations adding to, removing, replacing or changing in any other way the grounds upon which or the circumstances in which a licence may be issued, renewed, suspended or revoked under section 5 or 6. 1994, c. 27, s. 17 (3).

Offence

15. Every person who contravenes any of the provisions of this Act or the regulations is guilty of an offence and on conviction is liable to a fine of not more than $5,000 for each offence. R.S.O. 1990, c. E.1, s. 15.

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