Milk Amendment Act, 1997 Villeneuve, Hon. Noble Minister of Agriculture, Food and Rural Affairs — Bill 170 (36th Parliament, 1st Session)

Bill 170, 36-1

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Bill 170, Milk Amendment Act, 1997

Villeneuve, Hon. Noble Minister of Agriculture, Food and Rural Affairs

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[36] Bill 170 Original (PDF)

Bill 170 1997

An Act to amend the Milk Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

(1) Section 1 of the Milk Act is amended by adding the following

definitions:

"administrative agreement" in relation to a designated administrative authority means an agreement that the Minister has entered into with the authority with respect to the designated legislation for which the administration and enforcement is

delegated to the authority; ("accord d'application")

marketing board; ("organisme d'application")

"designated administrative authority" means an administrative authority that the Minister has designated under subsection 2.2 (2); ("organisme d'application dsign")

"designated legislation" means this Act, the regulations or provisions of this Act or the regulations, where the Minister has designated the legislation under subsection 2.2 (1); ("texte lgislatif dsign")

"Tribunal" means the Tribunal as defined in

section 15 of the Ministry of Agriculture and Food Act . ("Commission d'appel")

(2) The

definitions of "Director" and "Minister" in

section 1 of the Act are repealed and the following substituted:

"Director" means, in respect of a provision of this Act or the regulations, the Director appointed under this Act by the person who is responsible for the administration and enforcement of the provision; ("directeur")

"Minister" means the Minister of Agriculture, Food and Rural Affairs. ("ministre")

2. The Act is amended by adding the following sections: Administration and Enforcement Director

2.1

(1) The Minister may appoint a Director for the purposes of the provisions of this Act and the regulations for which the administration and enforcement are not delegated to a designated administrative authority. Director

appointed by administrative authority

(2) If the administration and enforcement of any provisions of this Act and the regulations are delegated to a designated administrative authority, the authority may appoint a Director for the purposes of those provisions. Responsibility of

Director

(3) A Director appointed under subsection (1) or (2) shall carry out the administration and enforcement of those provisions of this Act and the regulations with respect to the quality of milk, milk products and fluid milk products within

Ontario for which the person who appointed the Director is responsible for the administration and enforcement. Powers and duties

(4) A Director appointed under subsection (1) or (2) shall exercise the powers and perform the duties that are conferred or imposed on the Director by or under this Act. Appointments

(5) A Director appointed under subsection (1) or (2) may appoint the officers, field-persons, graders and other persons who are considered necessary for the Director to exercise the powers and to perform the duties of the Director.

Designations

2.2

(1) The Minister may, by regulation, designate provisions of this Act, a regulation made under subsection 19 (1) or (5) or provisions of that regulation as designated legislation for the purpose of this Act to the extent

that the designated legislation relates to the quality of milk or cream. Same, administrative authority

(2) Subject to

section 2.3, the Minister may, by regulation, designate one or more administrative authorities for the purpose of administering and enforcing designated legislation. Delegation of administration

(3) Subject to subsection (4), if the Minister designates an administrative authority for the purpose of administering and enforcing designated legislation, all provisions in the legislation relating to its administration and enforcement are

delegated to the authority subject to the exemptions and limitations that are specifically set out in the designation of the authority or the legislation. Exception, regulations

(4) Subject to

section 19.1, the powers to make or approve regulations that designated legislation confers on the Lieutenant Governor in Council, the Minister or the Commission are not delegated to the designated administrative authority.

Deeming

(5) If, under

section 19.1, the Commission delegates the power to make regulations to a designated administrative authority, the regulations that the authority makes under that power shall be deemed to be designated legislation for the purpose

of this Act. Previous administration

(6) If the administration and enforcement of designated legislation are delegated to a designated administrative authority, nothing in the delegation invalidates regulations made under the designated legislation, acts of the Minister or a

Director in administering or enforcing it, appointments made by the Minister or a Director under the designated legislation, or any other acts done under the designated legislation that were in force immediately before the delegation. Persons

bound

(7) If the administration and enforcement of designated legislation are delegated to a designated administrative authority, the legislation binds all persons whom it would bind if the administration and enforcement of it were not delegated.

Administrative agreement

2.3

(1) The Minister may not designate an administrative authority for the purpose of designated legislation until the Minister and the authority have entered into an administrative agreement. Contents

(2) The administrative agreement shall include all matters that the Minister considers necessary for delegating the part of the administration and enforcement of the designated legislation that is delegated to the authority, including,

(

a) a specification of which part of the administration and enforcement of the designated legislation is delegated to the authority;

(

b) financial terms of the delegation;

(

c) the right, if any, of the authority to purchase, use or otherwise have access to government assets, including information, records or intellectual property;

(

d) a specification of the liability of the authority arising out of the authority's carrying out the administration and enforcement delegated to it; and

(

e) a requirement that the authority maintain adequate insurance against liability arising out of the authority's carrying out the administration and enforcement delegated to it. Minister's terms

(3) On giving the notice to the authority that the Minister considers reasonable in the circumstances, the Minister may amend or insert a term in the administrative agreement or delete a term from it if,

(

a) the term relates to the administration or enforcement of the designated legislation delegated to the authority; and

(

b) the Minister considers it advisable to do so in the public interest. Revocation of designations

2.4

(1) On giving the notice that the Minister considers reasonable in the circumstances, the Minister may, by regulation, revoke the designation of legislation for which the administration and enforcement are delegated to a

designated administrative authority or revoke the designation of an administrative authority to which the administration and enforcement of designated legislation are delegated if,

(

a) the authority has failed to comply with this Act, the designated legislation or the administrative agreement and has not remedied the failure within the time period described in subsection (2); or

(

b) the Minister considers it advisable to do so in the public interest. Opportunity to remedy

(2) If a designated administrative authority to which the administration and enforcement of designated legislation are delegated fails to comply with this Act, the designated legislation or the administrative agreement, the Minister shall allow

the authority the opportunity of remedying its failure within the time period that the Minister considers reasonable in the circumstances. Voluntary revocation

(3) A designated administrative authority may request that the Minister revoke its designation and in that case the Minister shall, by regulation, revoke the designation on the terms that the Minister considers advisable in the public interest.

Non-application of Act

(4) The Statutory Powers Procedure Act does not apply to the exercise by the Minister of a right under this

section to revoke a designation. Duties of designated administrative authority

2.5

(1) A designated administrative authority shall carry out the administration and enforcement of designated legislation delegated to it and shall do so in accordance with law, this Act, the designated legislation and the

administrative agreement, having regard to the intent and purpose of this Act and the designated legislation. Advice to Minister

(2) A designated administrative authority shall,

(

a) inform and advise the Minister with respect to matters that are of an urgent or critical nature and that are likely to require action by the authority or the Minister to ensure that the administration and enforcement of designated

legislation delegated to the authority are carried out properly; and

(

b) advise or report to the Minister on any matter that the Minister may refer to the authority relating to the administration and enforcement of designated legislation delegated to the authority. Reports

(3) A designated administrative authority shall report to the Minister within one year of the effective date of its designation under this Act, and each year after that, on its activities and financial affairs in respect of this Act, the

designated legislation for which the administration and enforcement are delegated to the authority and the regulations, if any, that it has made under subsection 19 (1). Form and contents

(4) The report shall be in a form acceptable to the Minister and shall provide the particulars that the Minister requires. Employees

2.6

(1) Subject to the administrative agreement, a designated administrative authority may employ or retain the services of any qualified person to carry out any power or duty of the authority relating to the administration and

enforcement of designated legislation delegated to the authority. Not Crown employees

(2) If a designated administrative authority is not an agency of the Government of Ontario, its members, officers, directors and agents and the persons that it employs or whose services it retains to carry out the powers and duties of the

authority relating to the administration and enforcement of the designated legislation are not Crown employees while they do work for the authority and shall not hold themselves out as such. Not Crown agents

2.7 A designated administrative authority that is not an agency of the Government of Ontario and its members, officers, directors, employees and agents, together with the persons whose services the authority retains, are not

agents of the Crown in right of Ontario and shall not hold themselves out as such. Crown liability

2.8

(1) No action or other proceeding for damages shall be instituted against a Crown employee for

an act done in good faith in the execution or intended execution of a duty or service under sections 2.1 to 2.10 of this Act or

designated legislation for the purpose of those sections or for an alleged neglect or default in the execution in good faith of the duty or service. Tort by Crown employee

(2) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act , subsection (1) does not relieve the Crown of liability in respect of a tort committed by a Crown employee to which it would otherwise be subject. Non-Crown

employees or agents

(3) No action or other proceeding for damages shall be instituted against the Crown for damages that a person suffers as a result of any act or omission of a person who is not an employee

Document details

Collection	Ontario — Bills
Citation	Bill 170, 36-1
Type	bill
Volume / chapter	p36 s1 bill 170 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	027634d8834193599ba71a8d2a69c9875d0663bf

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