Dairy Products Regulations (SOR/79-840)

Regulations are current to 2015-11-16 and last amended on 2015-04-01. Previous Versions

Suspension of Registration

  •  (1) The Director may suspend the registration of a registered establishment

    • (a) where

      • (i) the establishment does not meet the requirements of the Act or these Regulations, or

      • (ii) the operator does not comply with the provisions of the Act or these Regulations;

    • (b) it is reasonable to believe that public health will be endangered if the establishment is allowed to continue operating; and

    • (c) the operator has failed or is unable to take immediate corrective measures to remedy any situation referred to in paragraph (a).

  • (2) No registration shall be suspended under subsection (1) unless

    • (a) an inspector has, at the time of the inspection, notified the operator of the failure to comply with any provision of the Act or these Regulations;

    • (b) an inspector has provided the operator with a copy of an inspection report prepared by the inspector that sets out the grounds for suspension, the required corrective measures and the dates by which those measures must be implemented in order to avoid suspension and cancellation; and

    • (c) a notice of suspension of registration is delivered to the operator.

  • (3) A suspension of a registration under subsection (1) shall remain in effect

    • (a) until the required corrective measures have been taken and have been verified by an inspector; or

    • (b) where a cancellation procedure has been commenced under section 10.2, until the resolution of the cancellation issue.

    • (c[Repealed, SOR/2004-80, s. 9]

  • SOR/90-111, s. 4;
  • SOR/2000-317, s. 6;
  • SOR/2004-80, s. 9.

Cancellation of Registration

  •  (1) The Director may cancel the registration of a registered establishment where

    • (a) the operator has not implemented the required corrective measures within the 30-day period following the day on which the registration was suspended or within any longer period of time allowed under subsection (2);

    • (b) the owner or operator of the establishment has changed; or

    • (c) the application for registration contains false or misleading information.

  • (2) If it is not possible for the operator to implement the required corrective measures within 30 days, the Director shall, on the request of the operator, allow the operator a longer period of time that is adequate to implement those measures.

  • (3) No registration shall be cancelled under subsection (1) unless

    • (a) the operator was advised of an opportunity to be heard in respect of the cancellation and was given that opportunity; and

    • (b) a notice of cancellation of registration was delivered to the operator.

  • SOR/90-111, s. 4;
  • SOR/2000-317, s. 7(E);
  • SOR/2004-80, s. 10.