Food Safety and Quality Act, 2001
Loi de 2001 sur la qualité et la salubrité des aliments

ONTARIO REGULATION 31/05

MEAT

Consolidation Period: From May 1, 2008 to the e-Laws currency date.

Last amendment: O. Reg. 70/08.

This Regulation is made in English only.

SKIP TABLE OF CONTENTS

CONTENTS

PART I
INTERPRETATION AND APPLICATION

Interpretation

1.  (1)  In this Regulation,

“animal food” means food for an animal that is not a food animal, but does not include pet food;

“ante mortem examination” means the examination of a food animal in accordance with Part VIII.2 before the animal is slaughtered;

“ante mortem inspection” means the inspection of a food animal by an inspector in accordance with Part VIII before the animal is slaughtered;

“bulk container” means a container, including a shipping container, used for a meat product, other than a container in which a meat product is packaged for intended sale by a retailer to a consumer;

“carcass” means the carcass that is derived from a food animal and that is not a farm slaughtered carcass, except if reference is made to a farm slaughtered carcass or a hunted game carcass;

“commercial sterility” means the condition obtained in a meat product that has been processed by the application of heat, alone or in combination with other treatments, to render the meat product free from viable forms of micro-organisms, including spores, that are capable of growing in the meat product at the temperatures at which the meat product is designed to be held during distribution and storage;

“component” means an individual unit of food that is combined with one or more individual units of food to form an ingredient;

“condemn” means,

(a) in respect of a food animal, to determine that it is unfit for slaughter, and

(b) in respect of any of the following, to determine that it is unfit for use as food:

(i) a carcass or part of a carcass derived from a food animal,

(ii) a meat product,

(iii) a hunted game carcass,

(iv) a hunted game product,

(v) a farm slaughtered carcass,

(vi) a farm slaughtered product;

“condemned material” means material that, under this Regulation, is condemned or required to be condemned;

“consumer” means an individual who purchases or acquires a meat product for the individual’s own use or consumption or that of the individual’s immediate family and who is acting other than in the course of carrying on business;

“container” means a package or confining band in which a meat product is or is intended to be offered for sale, but does not include a lining, a bulk container or a transport container;

“contaminated”,

(a) in respect of a food animal, a carcass or part of a carcass derived from a food animal, a meat product, a farm slaughtered carcass, a farm slaughtered product, a hunted game carcass, a hunted game product, an ingredient or another food means,

(i) containing or having been treated with or exposed to,

(A) a substance not permitted by, or in an amount in excess of limits prescribed under the Canadian Environmental Protection Act, 1999 (Canada), the Food and Drugs Act (Canada) or the Pest Control Products Act (Canada), or

(B) an ingredient, a food additive or any source of ionizing radiation not permitted by, or in excess of limits prescribed under the Food and Drugs Act (Canada),

(ii) containing or having on it any decomposed matter, foreign matter or visible extraneous material, or

(iii) containing or having been exposed to a hazard, or

(b) in respect of water, a packaging material, any other substance or thing or a condition of a premises, facilities, equipment, utensils or conveyances, means containing or having been exposed to a hazard,

and “contamination”, as a noun, has a corresponding meaning;

“denature” means to treat inedible material by giving it an appearance or character so that it cannot be mistaken for food;

“dress”, as a verb,

(a) in respect of the carcass of a slaughtered food animal, other than a pig, a bird or an animal mentioned in clause (e), means,

(i) to remove the skin, the head and developed mammary glands and to remove the feet at the carpal and tarsal joints,

(ii) to eviscerate, and

(iii) except in the case of a sheep, goat, deer or rabbit, to split,

(b) in respect of the carcass of a slaughtered food animal that is a pig, other than a pig mentioned in clause (e), means,

(i) to remove the hair, toenails and developed mammary glands, or to remove the things set out in subclause (a) (i) in the manner mentioned in that subclause, if applicable,

(ii) to eviscerate,

(iii) if required by a regional veterinarian, to split, and

(iv) to remove the interdigital glands in the feet, if they are intended for human consumption,

(c) in respect of the carcass of a slaughtered food animal that is a bird, other than a ratite, means to remove the feathers, hair and head, the feet at the tarsal joints, and the uropygial gland and to eviscerate,

(d) in respect of the carcass of a slaughtered food animal that is a ratite, means to remove the feathers, hair and head, to remove the feet at the tarsal joints and to eviscerate, and

(e) in respect of the carcass of a slaughtered food animal to which section 84.23 applies, means to remove the head and to eviscerate;

“euthanize”, as a verb in respect of a food animal, means to kill the animal for a purpose other than human consumption and “euthanasia”, as a noun, has a corresponding meaning;

“eviscerate” means,

(a) to remove the respiratory and digestive system and the other thoracic and abdominal organs of a carcass, which may include the reproductive and urinary system, if,

(i) the carcass is derived from a chicken whose live weight was 2.7 kg or less,

(ii) the carcass is derived from a duck whose live weight was 4 kg or less, or

(iii) the carcass is derived from other birds that a director specifies,

(b) in respect of a carcass derived from a bird other than a chicken or duck mentioned in clause (a), to remove the respiratory, digestive, reproductive and urinary systems and the other thoracic and abdominal organs of the carcass,

(c) in respect of the carcass of a slaughtered food animal to which section 84.23 applies, to remove the respiratory, digestive, reproductive and urinary systems of the carcass, including the kidneys, and the other thoracic and abdominal organs, and

(d) in respect of a carcass not described in clause (a), (b) or (c), to remove the respiratory, digestive, reproductive and urinary systems of the carcass, except the kidneys, and the other thoracic and abdominal organs;

“examination stamp” means an examination stamp issued to an examiner under Part III.1;

“examiner” means a person who holds a valid certificate as an examiner under Part III.1;

“farm slaughtered carcass” means a carcass of a food animal that was slaughtered on the premises of the producer of the animal, that has been approved to enter a meat plant in accordance with Part VIII.2 and that has been delivered to a meat plant, and includes any part of such carcass;

“farm slaughtered product” means a product that is intended for human consumption and is derived in whole or part from a farm slaughtered carcass;

“food animal” means a mammal or bird that is raised in captivity and whose meat or meat by-products are intended for human consumption, but does not include a hunted game animal;

“food contact surface” means a surface with which carcasses, parts of carcasses or meat products at a meat plant ordinarily come into contact at the plant;

“freestanding meat plant” means a premises, other than a slaughter plant, where one or more Category 1 or Category 2 activities are carried on as a business, except as provided in subsection (2.1), and includes any part of the premises where,

(a) hides are removed from partially dressed carcasses of food animals,

(b) carcasses, parts of carcasses, meat products from food animals are produced, processed, handled, stored, packaged, labelled, distributed or sold,

(c) inedible materials are processed, handled, stored, packaged, labelled, distributed or sold,

(c.1) farm slaughtered carcasses are skinned, and farm slaughtered carcasses and products are processed, handled, stored, packaged and labelled, or

(d) other activities to which this Regulation applies are carried on;

“game animal” means a mammal or bird that is of a species that is wild by nature, whether it is found in the wild or has been raised in captivity, including, but not limited to, deer, elk, moose, caribou, wild sheep, wild goats, bear and migratory and non-migratory game birds;

“hazard” means a biological, chemical or physical agent or factor, a condition of a food or an agricultural commodity or the environment in which a food or an agricultural commodity is produced, processed, handled or stored, if the agent, factor, condition or environment, as the case may be, may directly or indirectly cause the food or agricultural commodity to be unsafe for human consumption in the absence of its control;

“hermetically sealed container” means a container that is designed to be and is secure against the entry of micro-organisms;

“hunted game animal” means a game animal that has been killed by hunting or that has been killed by a conservation officer appointed under the Fish and Wildlife Conservation Act, 1997 or a person engaged in wildlife management activities on behalf of the Ministry of Natural Resources and whose products are intended for human consumption;

“hunted game carcass” means a carcass that is derived from a hunted game animal and includes part of any such carcass;

“hunted game product” means a product that is intended for human consumption and is derived in whole or in part from a hunted game carcass;

“hunting” has the same meaning as in the Fish and Wildlife Conservation Act, 1997 and “hunted” has a corresponding meaning;

“inedible material” means,

(a) a carcass, a part of a carcass or a meat product derived from a food animal that is not intended for, or is not permitted under this Regulation, to be sold or distributed for use as food, whether or not the material is condemned material, but does not include a meat product,

(b) a hunted game carcass or hunted game product that is not intended for, or is not permitted under this Regulation, to be returned to the owner for use as food, whether or not the material is condemned material, or

(c) a farm slaughtered carcass or farm slaughtered product that is not intended for, or is not permitted under this Regulation, to be returned to the producer of the carcass for use as food, whether or not the material is condemned material;

“inedible materials room” means the room at a slaughter plant described in subsection 22 (2) for inedible materials;

“ingredient”, in respect of a meat product, means an individual unit of the product that is combined with one more other individual units of the product to form an integral unit of the product;

“inspection legend” means an inspection legend in the form required by section 113;

“killing room” means the room or area of a meat plant where food animals are slaughtered;

“meat” means the muscle that is derived from the carcass of a food animal, that is intended for human consumption and that is associated with the skeleton, tongue, diaphragm, heart, gizzard or mammalian esophagus, whether or not the muscle is accompanied by fat, and includes those parts of the bones, skin, sinews, nerves, blood vessels and other tissues that normally accompany the muscle and are not ordinarily removed in dressing a carcass, but does not include meat by-products, mechanically separated meat or meat to which an ingredient other than meat has been added or, except if reference is made to meat derived from farm slaughtered carcasses, any product that is derived in whole or in part from a farm slaughtered carcass;

“meat by-product” means the muscle associated with the lips, snout, scalp or ears of a carcass of a food animal, the blood from the carcass or the edible organs or tissues from the carcass that are intended for human consumption, but does not include any product that is derived in whole or in part from a farm slaughtered carcass, meat, mechanically separated meat, or a meat by-product to which an ingredient other than a meat by product has been added;

“meat plant” means a slaughter plant or a freestanding meat plant;

“meat product” means,

(a) a carcass or a part of a carcass derived from a food animal that,

(i) has received a post mortem inspection in accordance with this Regulation or the Meat Inspection Act (Canada) and has been approved for use as food, or

(ii) has been imported in accordance with that Act,

(b) meat, a meat by-product, mechanically separated meat, or a prepared meat product, or

(c) a product that is intended for human consumption and that is derived in whole or part from a carcass or a part of a carcass described in clause (a) or anything mentioned in clause (b),

but does not include inedible material or any product that is derived in whole or in part from a farm slaughtered carcass or a hunted game carcass;

“mechanically separated meat” means a product that is derived wholly from a carcass of a food animal, that is intended for human consumption and that is obtained by removing the muscle tissue attached to the bones by means of mechanical separation equipment, but does not include any product that is derived in whole or in part from a farm slaughtered carcass;

“operator” means a person who has responsibility for and control over the operation of a meat plant;

“outside of a slaughter plant” means any place other than a slaughter plant operated by a licensee or a registered establishment as defined in the Meat Inspection Act (Canada);

“packaging material” means material used to package food or inedible material and includes a container and a bulk container;

“partially dress”,

(a) in respect of a slaughtered food animal, other than a bird, means,

(i) to remove the developed mammary glands and the feet at the carpal and tarsal joints, if required by a regional veterinarian as a condition of issuing an authorization under section 77,

(ii) to eviscerate,

(iii) to split, except in the case of a sheep, goat, deer or calf, and

(iv) to carry out any other dressing procedures required by a regional veterinarian as a condition of issuing an authorization under section 77, and

(b) in respect of a slaughtered food animal that is a bird, other than a ratite, means,

(i) to remove the feathers and hair,

(ii) to remove the head and the feet at the tarsal joints, if required by a regional veterinarian as a condition of issuing an authorization under section 77,

(iii) to eviscerate, if required by a regional veterinarian as a condition of issuing an authorization under section 77, and

(iv) to carry out any other dressing procedures required by a regional veterinarian as a condition of issuing an authorization under section 77;

“pet food” means food for a companion animal that is not a food animal, but does not include animal food;

“pet food processing room” means the room at a slaughter plant described in subsection 22 (3) for processing, packaging and labelling inedible material that is intended for pharmaceutical, research or therapeutic purposes, if processing, packaging or labelling the material for any of those purposes is likely to contaminate meat products at the plant, or intended for use in pet food;

“post mortem examination” means the examination in accordance with Part VIII.2 of a carcass or part of a carcass derived from a food animal after the animal is slaughtered;

“post mortem inspection” means the inspection of a carcass or a part of a carcass derived from a food animal by an inspector in accordance with Part VIII or VIII.1;

“premises”, in respect of a meat plant, includes the lands, buildings and facilities of the plant;

“pre-packaged”, in respect of a meat product, means packaged in a container in the manner in which it is ordinarily sold to or used or purchased by a consumer without being repackaged and “pre-packaging” has a corresponding meaning;

“prepared meat product” means a meat product that is derived in whole or part from a carcass of a food animal that is intended for human consumption and that,

(a) is cooked, fermented or dehydrated, or

(b) contains any ingredient, other than meat, a meat by-product or mechanically separated meat, unless the ingredient is salt or a seasoning that has only been applied to the surface of the product;

“preserved”, in respect of a meat product, means salted, pickled, dried, cured, smoked or treated by other similar means permitted under this Regulation but does not include refrigerated or frozen;

“principal display panel”,

(a) in the case of a container that is mounted on a display card, means the part of the label applied to,

(i) all or part of the principal display surface of the container,

(ii) all or part of the side of the display card that is displayed or visible under normal or customary conditions of sale or use, or

(iii) both the parts described in subclauses (i) and (ii),

(b) in the case of an ornamental container, means that part of the label applied to all or part of the bottom of the container, to all or part of the principal display surface of the container or to all or part of a tag that is attached to the container, and

(c) in the case of all other containers and bulk containers, means that part of the label applied to all or part of the principal display surface of the container;

“principal display surface”,

(a) in the case of a container or bulk container that has a side or surface that is displayed or visible under normal or customary conditions of sale or use, means the total area of that side or surface, excluding the top, if any,

(b) in the case of a container or bulk container that has a lid that is the part of the container displayed or visible under normal or customary conditions of sale or use, means the total area of the top surface of the lid,

(c) in the case of a container or bulk container that does not have a side or surface that is displayed or visible under normal or customary conditions of sale or use, means any 40 per cent of the total surface area of the container, excluding the top and bottom, if any, if that 40 per cent can be displayed or visible under normal or customary conditions of sale or use,

(d) in the case of a container or bulk container that is a bag with sides of equal dimensions, means the total area of one of the sides,

(e) in the case of a container or bulk container that is a bag with sides of more than one size, means the total area of one of the largest sides, and

(f) in the case of a container that is a wrapper or confining band that is so narrow in relation to the size of the product contained that it cannot reasonably be said to have any side or surface that is displayed or visible under normal or customary conditions of sale or use, means the total area of one side of a ticket or tag attached to the container;

“processing”, when used in relation to preparing, for use as food, a carcass or part of a carcass, a meat product, a farm slaughtered carcass, a farm slaughtered product, a hunted game carcass or a hunted game product, means,

(a) adding an anticoagulant to blood, aging, basting, boning, breaking, canning, coating, comminution, cooling, cooking, curing, cutting, dehydrating, emulsifying fabricating, fermenting, freezing, heating, marinating, massaging, pasteurizing, pickling, refrigerating, rinsing, rubbing, salting, slicing, smoking, tenderizing, thermal processing washing and reprocessing of previously processed products, and

(b) any other operation performed to prepare the carcass or part of the carcass, meat product, farm slaughtered carcass, farm slaughtered product, hunted game carcass or a hunted game product for use as food, other than the dressing of a carcass;

“ready-to-eat”, in respect of a meat product, means that the product that has been subjected to a process sufficient to inactivate pathogenic micro-organisms or their toxins, control spores of food borne pathogenic bacteria or control, inactivate or eliminate any other thing that is present in the product in an amount that would render the product unsafe for human consumption so that, when the product is handled and stored under appropriate conditions, it does not require further heating or processing, other than refrigeration, in order to be safe for human consumption;

“recipe”, in respect of a meat product, means a written description of,

(a) the ingredients contained in the meat product and the components of the ingredients, including food additives,

(b) the proportions of the ingredients and components mentioned in clause (a), and

(c) the method of manufacture of the product;

“regional veterinarian” means a veterinary inspector appointed by a director as a regional veterinarian;

“safe”, in respect of any food, means that, subject to subsection (3), the food is not likely to cause any adverse affect to health or safety of a person who consumes it if it is prepared and consumed by the person in accordance with its intended use;

“sanitize” means to reduce the level of micro-organisms to a level that will not compromise the safety of a meat product;

“seasoning” means a spice or seasoning listed in Division 7 of Part B of the Food and Drug Regulations made under the Food and Drugs Act (Canada);

“sell” includes offer to sell, agree to sell, barter, possess for the purposes of sale, sell on consignment and dispose of or to agree to dispose of by any method to any person for valuable consideration;

“slaughter”, in respect of a food animal, means to slaughter the animal for the purpose of human consumption;

“slaughter plant” means a premises where food animals are slaughtered, and includes any part of the premises where,

(a) food animals are received, kept or handled before they are slaughtered,

(b) carcasses derived from food animals are dressed,

(c) carcasses, parts of carcasses or meat products derived from food animals are produced, processed, packaged, labelled, handled, stored, distributed or sold,

(d) inedible materials are processed, packaged, labelled, handled, stored, distributed or sold,

(d.1) farm slaughtered carcasses are skinned or farm slaughtered carcasses and products are processed, handled, stored, packaged and labelled, or

(e) other activities to which this Regulation applies are carried on;

“spouse” means a person to whom a person is married or with whom a person lives in a conjugal relationship outside marriage;

“transport container” includes any conveyance used for the transportation of food animals or meat products;

“veterinarian” means a person licensed under the Veterinarians Act;

“veterinary inspector” means a veterinarian appointed by a director under section 14 of the Act as an inspector;

“water activity” means the ratio of water vapour pressure of a meat product to the vapour pressure of pure water at the same temperature and pressure. O. Reg. 31/05, s. 1 (1); O. Reg. 325/06, s. 1 (1-17); O. Reg. 70/08, s. 1 (1-20).

(2)  In the definition of “freestanding meat plant” in subsection (1),

“Category 1 activity” means,

(a) aging or breaking of a carcass or a part of a carcass,

(b) aging, boning, comminution, cutting, fabrication, marinating, slicing or tenderizing of a meat product,

(c) packaging of a meat product for wholesale or other sale or distribution to persons other than consumers,

(d) pre-packaging of a meat product,

(e) cooking of ready-to-serve meat products for the purpose of immediate consumption, and

(f) any other processing activity performed in respect of a carcass, a part of a carcass or a meat product that in the opinion of a director presents a low risk of adversely affecting the safety for human consumption of the carcass, the part of the carcass or the meat product, as the case may be;

“Category 2 activity” means,

(a) canning, curing, dehydrating, emulsifying, fermenting or smoking of a meat product,

(b) manufacturing of a ready-to-eat meat product, other than cooking a ready-to-serve meat product for immediate consumption,

(c) processing burnt heads or feet of cattle or sheep, unfinished green tripe or casings, bile, blood products containing salt or other ingredients or reproductive organs from the carcasses of food animals,

(d) preparing mechanically separated meat,

(e) any other processing activity performed in respect of a carcass, a part of a carcass or a meat product that in the opinion of a director presents a medium to high risk of adversely affecting the safety for human consumption of the carcass, the part of the carcass or the meat product, as the case may be, and

(f) receiving, skinning, cutting, wrapping, freezing farm slaughtered carcasses, grinding meat from farm slaughtered carcasses and processing ham, bacon and sausage from farm slaughtered carcasses that are derived from pigs. O. Reg. 31/05, s. 1 (2); O. Reg. 70/08, s. 1 (21).

(2.1)  A premises does not fall within the definition of a freestanding meat plant if,

(a) there are no Category 2 activities carried on as a business at the premises; and

(b) all of the Category 1 activities carried on as a business at the premises are carried on in respect only of meat products that the operator of the premises sells, serves or otherwise distributes directly to consumers. O. Reg. 325/06, s. 1 (18).

(3)  For the purposes of the definition of “safe” in subsection (1), food is not unsafe merely because its inherent nutritional or chemical properties or its inherent nature cause adverse reactions only in persons with allergies or sensitivities that are not common to the majority of persons. O. Reg. 31/05, s. 1 (3).

(4)  A reference in this Regulation to a percentage of a meat product or other substance means a reference to a percentage of the meat product or other substance by weight. O. Reg. 31/05, s. 1 (4).

Application of Regulation

2.  (1)  Subject to subsections 15 (4), 16 (3), 21 (7), 23 (2), 27 (7), 28 (1) and 57 (3), nothing in this Regulation applies,

(a) until October 1, 2006, to the operation of a freestanding meat plant that, in 2004, processed meat products of more than 500,000 kilograms but no more than 1 million kilograms; or

(b) until October 1, 2007, to the operation of a freestanding meat plant,

(i) where one or more Category 2 activities are carried on, and

(ii) that, in 2004, processed meat products of no more than 500,000 kilograms or did not process meat products; and

(c) until October 1, 2008, to the operation of a freestanding meat plant,

(i) where no Category 2 activities are carried on, and

(ii) that, in 2004, processed meat products of no more than 500,000 kilograms or did not process meat products. O. Reg. 31/05, s. 2 (1); O. Reg. 221/05, s. 1; O. Reg. 659/05, s. 1.

(2)  Parts III to X, XII, XIII and XIV do not apply to the operation of a registered establishment defined in the Meat Inspection Act (Canada). O. Reg. 31/05, s. 2 (2).

(3), (4)  Revoked: O. Reg. 70/08, s. 2.

PART II
RESTRICTIONS ON SALE OF MEAT AND RELATED ACTVITIES

Restrictions

3.  (1)  No person shall sell, transport, deliver or distribute to any person any carcass, part of a carcass or meat product derived from a food animal unless,

(a) the food animal has received an ante mortem inspection and approval for slaughter in accordance with this Regulation and the carcass of the animal has received a post mortem inspection and approval for use as food in accordance with this Regulation or the regulations made under the Meat Inspection Act (Canada);

(b) the slaughter of the food animal took place at a slaughter plant operated by a licensee or at a registered establishment as defined in the Meat Inspection Act (Canada); and

(c) the carcass, the part of a carcass or the meat product, as the case may be, is stamped with an inspection legend or is labelled in accordance with this Regulation. O. Reg. 31/05, s. 3 (1).

(2)  Subsection (1) does not apply to a carcass, part of a carcass or a meat product if it has been imported into Canada in accordance with the Meat Inspection Act (Canada). O. Reg. 31/05, s. 3 (2).

(3)  Subsection (1) does not apply to the transport of a carcass of a food animal to a slaughter plant operated by a licensee if,

(a) the food animal was slaughtered outside of a slaughter plant pursuant to a provisional authorization issued under section 84.1;

(b) the carcass is transported to the slaughter plant specified in the provisional authorization; and

(c) the carcass is accompanied during transport to the plant by a signed certificate described in section 84.7. O. Reg. 325/06, s. 3.

(4)  In subsections (5) and (6),

“premises”, in respect of the producer of a food animal from which a carcass or part of a carcass is derived, means the premises of the producer where the animal was raised and slaughtered. O. Reg. 70/08, s. 3.

(5)  Subsection (1) does not apply to the transport of a carcass or part of a carcass of a food animal to a meat plant operated by a licensee if,

(a) the carcass or the part of it is derived from a food animal that was slaughtered and approved to enter a meat plant in accordance with Part VIII.2;

(b) the carcass or the part of it is transported from the producer’s premises to a meat plant that is operated by a licensee and that a regional veterinarian has approved for the purpose of receiving and processing the carcass or the part of it under Part VIII.3;

(c) the carcass or the part of it is transported to the meat plant only during a time that the operator of the plant has been authorized to receive the carcass or the part of it under Part VIII.3;

(d) the carcass or the part of it is transported to the meat plant by the producer who owned the animal from which the carcass or the part of it is derived at the time of its slaughter or by an examiner; and

(e) the carcass or the part of it is accompanied by a certificate that complies with subsection 84.32 (1). O. Reg. 70/08, s. 3.

(6)  Subsection (1) does not apply to the distribution by the producer of a carcass, part of a carcass or a meat product derived from a food animal that the producer owned and raised on the producer’s premises if,

(a) the following conditions are met:

(i) the animal has been presented for an ante mortem inspection under Part VIII.1,

(ii) the ante mortem inspection has been conducted and the animal has been approved for slaughter under Part VIII.1,

(iii) the conditions set out in subsection (7) are met;

(b) the following conditions are met:

(i) the animal has not been presented for an ante mortem inspection under Part VIII.1,

(ii) no ante mortem examination of the animal has been conducted in accordance with Part VIII.2,

(iii) the conditions set out in subsection (7) are met;

(c) the following conditions are met:

(i) the animal is a head of cattle or a pig,

(ii) the animal has not been presented for an ante mortem inspection under Part VIII.1,

(iii) an ante mortem examination of the animal has been conducted in accordance with Part VIII.2,

(iv) the animal has been approved for post mortem examination or approval for post mortem examination has been refused because the animal has been found unfit to enter a meat plant or, if the animal is a head of cattle, it has been found to be 30 months of age or older,

(v) no post mortem examination of the carcass of the animal has been conducted in accordance with Part VIII.2,

(vi) the conditions set out in subsection (7) are met; or

(d) the following conditions are met:

(i) the animal is a head of cattle or a pig,

(ii) the animal has not been presented for an ante mortem inspection under Part VIII.1,

(iii) an ante mortem examination of the animal has been conducted in accordance with Part VIII.2 and the animal has been approved for a post mortem inspection under that Part,

(iv) a post mortem examination of the carcass of the animal has been conducted in accordance with Part VIII.2 and the carcass,

(A) has been approved to enter a meat plant, or

(B) has not been approved to enter a meat plant because it has been found unfit to enter a meat plant or, if the animal is a head of cattle, it has been found to be 30 months of age or older,

(v) the conditions set out in subsection (7) are met. O. Reg. 70/08, s. 3.

(7)  The conditions mentioned in subsection (6) are the following:

1. The animal has been slaughtered for consumption by the producer or the producer’s immediate family.

2. The slaughter was performed on the producer’s premises by the producer, or if the animal is a head of cattle or a pig, by an examiner.

3. The carcass, the part of it or the meat product is not removed from the producer’s premises and is distributed only to the producer’s immediate family on the producer’s premises.

4. The carcass, the part of it or the meat product is consumed only by the producer or the producer’s immediate family on the producer’s premises. O. Reg. 70/08, s. 3.

Farm slaughtered carcasses and products

3.1  (1)  In this section,

“premises”, in respect of the producer of a food animal from which a farm slaughtered carcass or part of it is derived, means the premises of the producer where the animal was raised and slaughtered. O. Reg. 70/08, s. 4.

(2)  No person shall sell to any person a farm slaughtered carcass, part of a farm slaughtered carcass or a farm slaughtered product. O. Reg. 70/08, s. 4.

(3)  No person shall transport or deliver a farm slaughtered carcass, part of a farm slaughtered carcass or a farm slaughtered product. O. Reg. 70/08, s. 4.

(4)  Subsection (3) does not apply to a person who,

(a) transports a farm slaughtered carcass or part of a farm slaughtered carcass from a meat plant that received the carcass or the part of it in accordance with subsection 84 (4) back to the premises of the producer of the animal from which the carcass or the part of it is derived; or

(b) transports a farm slaughtered product from a meat plant that, in accordance with subsection 84 (4), received the farm slaughtered carcass from which the product is derived back to the premises of the producer of the animal from which the carcass is derived. O. Reg. 70/08, s. 4.

(5)  No person shall distribute to any person a farm slaughtered carcass, part of a farm slaughtered carcass or a farm slaughtered product. O. Reg. 70/08, s. 4.

(6)  Subsection (5) does not apply to a producer of a food animal who distributes the carcass of the animal or part of the carcass or a farm slaughtered product derived from the carcass only to the producer’s immediate family on the producer’s premises if the carcass, the part of it or the product is consumed only by the producer or the producer’s immediate family on the producer’s premises. O. Reg. 70/08, s. 4.

Persons liable

4.  In any proceedings relating to a contravention of this Regulation, a person or entity in possession of a carcass, part of a carcass or a meat product that does not comply with this Regulation shall be deemed, in the absence of evidence to the contrary, to have possession of the carcass, part of the carcass or the meat product for the purpose of selling it unless it is for the person’s or entity’s own consumption. O. Reg. 31/05, s. 4.

PART III
LICENCES AND INFORMATION PROVIDED TO DIRECTOR

Licensed activities

5.  (1)  The following regulatable activities are licensed activities to which section 4 of the Act applies when carried on by a person who is engaged in the business of operating a slaughter plant:

1. The slaughter of food animals.

2. The dressing of carcasses.

3. The processing, handling, storage, packaging, labelling, sale and distribution of carcasses, parts of carcasses and meat products.

3.1 The receiving, skinning, cutting, wrapping, freezing of farm slaughtered carcasses, grinding meat derived from farm slaughtered carcasses and processing ham, bacon and sausage from farm slaughtered carcasses that are derived from pigs.

4. Any other activity carried on in respect of operating the plant that is regulated under this Regulation. O. Reg. 31/05, s. 5 (1); O. Reg. 221/05, s. 2 (1); O. Reg. 70/08, s. 5 (1).

(2)  The following regulatable activities are licensed activities to which section 4 of the Act applies when carried on by a person who is engaged in the business of operating a freestanding meat plant:

1. The removal of hides from partially dressed carcasses that have been received from a slaughter plant and that an inspector on a post mortem inspection has found fit for use as food.

2. The processing, handling, storage, packaging, labelling, sale and distribution of meat products.

2.1 The receiving, skinning, cutting, wrapping, freezing of farm slaughtered carcasses, grinding meat derived from farm slaughtered carcasses and processing ham, bacon and sausage from farm slaughtered carcasses that are derived from pigs.

3. Any other activity carried on in respect of operating the plant that is regulated under this Regulation. O. Reg. 31/05, s. 5 (2); O. Reg. 221/05, s. 2 (2); O. Reg. 70/08, s. 5 (2).

(3)  A person who is the operator of a registered establishment as defined in the Meat Inspection Act (Canada) is exempt from the requirement to hold a licence to carry on a licensed activity mentioned in subsection (1) or (2). O. Reg. 31/05, s. 5 (3).

Application for licence

6.  (1)  An application for the issuance or renewal of a licence to operate a meat plant shall be in a form approved by the director to whom the applicant submits the application and shall be accompanied by,

(a) in the case of an initial application, the plans and specifications of the plant recommended by the regional veterinarian and the results of the water tests, if any, that section 35 require be conducted;

(b) a list of the names of all persons, including corporations, that are operators of the plant;

(c) a list of every water system that supplies water to the meat plant;

(d) all information and documents that the director requires for the purpose of determining whether the application meets the requirements of the Act and the regulations;

(e) payment of the fee, if any, required by a regulation made by the Minister under clause 52 (a) of the Act; and

(f) a schedule of the days and times at which the applicant anticipates or plans that,

(i) carcasses of food animals will be dressed or partially dressed at the plant, and

(ii) meat products will be processed, packaged, handled, distributed or sold at the plant. O. Reg. 31/05, s. 6 (1); O. Reg. 221/05, s. 3.

(2)  A person shall make a separate application and hold a separate licence in respect of each location at which the person operates a meat plant. O. Reg. 31/05, s. 6 (2).

No licence

7.  (1)  Under clause 5 (1) (b) of the Act, a director may refuse to issue a licence to operate a meat plant if the director is of the opinion that, the applicant does not or will not have all of the premises, facilities, equipment and water necessary to engage in the business of operating the plant in accordance with this Regulation. O. Reg. 31/05, s. 7 (1).

(2)  Under clause 6 (1) (c) of the Act, a director may refuse to renew or may suspend or revoke a licence to operate a meat plant if the director is of the opinion that,

(a) the premises, facilities, equipment and water used by the licensee in operating the plant do not comply with this Regulation;

(b) the past or present conduct of the licensee or, if the licensee is a corporation, of its officers, its directors or any of the persons specified in the paragraphs of subsection (3) reading the references in that subsection to the applicant as references to the licensee, affords reasonable grounds to believe that the licensee will not carry on the licensed activities in accordance with the law; or

(c) the licensee has not paid in full all costs that the licensee is required to pay under section 51 of the Act. O. Reg. 31/05, s. 7 (2).

(3)  The following persons are specified for the purposes of clause 5 (1) (a) of the Act, if the applicant mentioned in that clause is a corporation:

1. Persons who have or may have a beneficial interest in the applicant.

2. Persons who exercise or may exercise control either directly or indirectly over the applicant.

3. Persons who have provided or may have provided financing either directly or indirectly to the applicant. O. Reg. 31/05, s. 7 (3).

Time to respond

8.  (1)  For the purposes of subsection 5 (2) of the Act, the prescribed time within which an applicant may request a hearing by the director is 21 days after the day on which the applicant is served with the notice. O. Reg. 31/05, s. 8 (1).

(2)  For the purposes of subsection 6 (2), (4) or 9 (3) of the Act, the prescribed time within which a licensee may request a hearing by the director is 10 days after the day on which the licensee is served with the notice. O. Reg. 31/05, s. 8 (2).

(3)  For the purposes of subsection 8 (2) of the Act, the prescribed time within which the person who was the applicant or licensee may request a rehearing by the director is 10 days after the day on which the person is served with the notice. O. Reg. 31/05, s. 8 (3).

(4)  For the purposes of subsection 10 (1) of the Act, the prescribed time within which the applicant or licensee may appeal the director’s decision to the Tribunal is 15 days after the day on which the person receives notice of the decision. O. Reg. 31/05, s. 8 (4).

Conditions of licences

9.  It is a condition of every licence issued under the Act, that the licensee,

(a) comply with the Act, this Regulation and every order or direction of a director or an inspector made under the Act; and

(b) ensure that the operation of the licensee’s meat plant is carried on in accordance with this Regulation and every order or direction of a director or inspector made under the Act. O. Reg. 31/05, s. 9.

Transfer of licences

10.  (1)  Except as provided in this section, a licence is subject to the condition that it is not transferable. O. Reg. 31/05, s. 10 (1).

(2)  If a licensee who carries on business as a sole proprietor transfers the business to a corporation, of which the person is the only officer, director and shareholder, the corporation is entitled to have the licence transferred to it. O. Reg. 31/05, s. 10 (2).

(3)  If a licensee who carries on business as a sole proprietor transfers the business to a related person or a group of related persons, the related person or the group as a partnership, as the case may be, are entitled to have the licence transferred to them. O. Reg. 31/05, s. 10 (3).

(4)  In subsection (3),

“related person”, with respect to a licensee, means a spouse, child, parent, grandparent, grandchild of the licensee. O. Reg. 31/05, s. 10 (4).

(5)  If a licensee that carries on business as a partnership transfers the business to a corporation, of which the partners are the only officers, directors and shareholders, the corporation is entitled to have the licence transferred to it. O. Reg. 31/05, s. 10 (5).

(6)  If a licensee that carries on business as a partnership transfers the business to one of the partners who carries it on as a sole proprietorship, the sole proprietor is entitled to have the licence transferred to him or her. O. Reg. 31/05, s. 10 (6).

(7)  If a licensee that is a corporation transfers its business to another corporation and the officers, directors and shareholders of the licensee are the only officers, directors and shareholders of the new corporation, the new corporation is entitled to have the licence transferred to it. O. Reg. 31/05, s. 10 (7).

(8)  If a licensee that is a corporation, of which the only officer, director and shareholder is the same person, and the licensee transfers its business to that person who carries it on a sole proprietorship, the sole proprietor is entitled to have the licence transferred to him or her. O. Reg. 31/05, s. 10 (8).

(9)  If a licensee that is a corporation transfers its business to a partnership and the officers, directors and shareholders of the licensee are the only partners, the partnership is entitled to have the licence transferred to it. O. Reg. 31/05, s. 10 (9).

(10)  Despite anything in this section, an applicant is not entitled to the transfer of a licence if the applicant would not be entitled to the issuance of a licence for any ground under section 5 of the Act and the regulations. O. Reg. 31/05, s. 10 (10).

(11)  To apply for a transfer of a licence, an applicant shall submit an application to a director in a form approved by the director. O. Reg. 31/05, s. 10 (11).

(12)  The director shall consider the application and,

(a) approve it if the applicant is not disentitled to the transfer of the licence and pays the fee, if any, required by a regulation made by the Minister under clause 52 (a) of the Act; or

(b) refuse it if the applicant is not entitled to the transfer of the licence and serve a written notice of refusal on the applicant. O. Reg. 31/05, s. 10 (12).

(13)  A licence transferred under this section is subject to whatever conditions the regulations prescribe or a director imposes and a director may impose those conditions. O. Reg. 31/05, s. 10 (13).

(14)  Sections 9 and 10 of the Act apply to the conditions that a director imposes under subsection (13). O. Reg. 31/05, s. 10 (14).

Expiry of licences

11.  (1)  A licence expires on March 31 next following its issuance or renewal. O. Reg. 221/05, s. 4.

(2)  A licensee must apply for renewal of a licence before January 31 immediately preceding its expiry in order for the licence to be deemed to continue under subsection 6 (6) of the Act. O. Reg. 221/05, s. 4.

Licences — transition

11.1  (1)  A licence that was issued or renewed under the Meat Inspection Act (Ontario) before the day this section comes into force is continued as a licence to operate a slaughter plant under the Food Safety and Quality Act, 2001 and expires on March 31, 2006. O. Reg. 221/05, s. 4.

(2)  If a licence described in subsection (1) was subject to any conditions or limitations including, but not limited to, a suspension, the licence is continued subject to the same conditions. O. Reg. 221/05, s. 4.

(3)  A licence that was deemed to continue pending renewal under subsection 5 (3) of the Meat Inspection Act (Ontario) for which the Director has not issued a decision on the application for renewal under that Act before the day this section comes into force is continued as a licence to operate a slaughter plant under the Food Safety and Quality Act, 2001, subject to the following:

1. The application for renewal made under the Meat Inspection Act (Ontario) shall be treated as an application for a renewal of a licence to operate a slaughter plant under the Food Safety and Quality Act, 2001 and this Regulation.

2. The licence shall continue until a director makes a decision with respect to its renewal in accordance with the Food Safety and Quality Act, 2001 and this Regulation. O. Reg. 221/05, s. 4.

Information provided to director

12.  (1)  No person shall make an alteration in a meat plant unless the operator of the plant has given written notice of the proposed alteration to a director at least 30 days before making the alteration. O. Reg. 31/05, s. 12 (1).

(2)  In this section,

“alteration”, with respect to a meat plant, means,

(a) a change for which a building permit is required,

(b) any other significant change to the plant or its premises, facilities or equipment, or

(c) a significant change in the licensed activities that are carried on at the plant or the manner in which the activities are carried on. O. Reg. 31/05, s. 12 (2).

(3)  The notice mentioned in subsection (1) shall be in a form approved by a director and shall contain,

(a) the name and address of the operator of the plant;

(b) the address of the plant;

(c) the name and address of the owner of the plant, if different than that of the operator;

(d) a description of the proposed alteration and the nature of the licensed activities to be carried out at the location that would be affected by the alteration;

(e) if the proposed alteration involves a change to the premises, facilities or equipment at the plant, the plans and specifications, if any, concerning the changes; and

(f) any other information that a director requires be included with the notice in order to determine if the proposed change complies with this Regulation. O. Reg. 31/05, s. 12 (3).

(4)  An operator shall ensure that the schedule submitted under clause 6 (1) (f) remains up to date and shall inform a director, in writing, every time there will be a change to the schedule. O. Reg. 221/05, s. 5.

PART III.1
CERTIFICATION OF EXAMINERS

Definition

Definition

12.1  In this Part,

“certificate” means a certificate to act as an examiner issued under this Part. O. Reg. 70/08, s. 6.

Issuance of Certificates

Requirement for certificate

12.2  No person shall act as an examiner under this Regulation without holding a valid certificate. O. Reg. 70/08, s. 6.

Application for certificate

12.3  (1)  A director shall issue a certificate to a person who is eligible for the issuance of a certificate and who applies for it. O. Reg. 70/08, s. 6.

(2)  An applicant is eligible for the issuance of a certificate if the applicant,

(a) is an individual who is not an inspector;

(b) has paid the fee required for the application for the certificate;

(c) has paid the fees required to enrol in the theoretical and practical courses that a director specifies and that provide the necessary training to allow a person to act as an examiner in accordance with the Act and the regulations;

(d) has successfully completed any other course described in clause (c) that a director has determined is a prerequisite for the courses in which the applicant applies to enrol under that clause;

(e) is not ineligible, as a result of subsection (4), to enrol in the courses described in clause (c);

(f) has successfully completed the courses described in clause (c); and

(g) is not ineligible, as a result of subsection (6), for the issuance of a certificate. O. Reg. 70/08, s. 6.

(3)  An application for a certificate shall be in a form approved by a director and shall be accompanied by all information and documents that a director requires for the purposes of determining whether the application meets the requirements of this section. O. Reg. 70/08, s. 6.

(4)  An applicant is not eligible to enrol in a course described in clause (2) (c) if,

(a) a director has given notice to the applicant under subsection (5);

(b) the time period for the applicant to request a review under section 12.4 has expired; and

(c) a director has not rescinded the notice under section 12.4. O. Reg. 70/08, s. 6.

(5)  A director may give the notice mentioned in clause (4) (a) if,

(a) any director has refused to issue a licence for a regulatable activity to the applicant, has refused to renew such a licence or has suspended or revoked such a licence;

(b) in connection with a regulatable activity, the applicant has contravened, or has permitted any person under the applicant’s control or direction to contravene, the Act, the regulations, any other Act, the regulations under it or any law applying to the carrying on of the activity and the contravention is such that it would be in the public interest to refuse to issue a certificate to the applicant;

(c) the applicant has contravened the regulations when exercising powers or performing duties as an examiner and the contravention is such that it would be in the public interest to refuse to issue a certificate to the applicant;

(d) any director has refused to issue a certificate to the applicant, has refused to renew such a certificate or has suspended or revoked such a certificate;

(e) the director is of the opinion that the past or present conduct of the applicant affords reasonable grounds to believe that the applicant will not act as an examiner in accordance with law; or

(f) the director is of the opinion that the applicant has provided false or misleading information in the application for the certificate. O. Reg. 70/08, s. 6.

(6)  An applicant is not eligible for the issuance of a certificate if,

(a) a director has given notice to the applicant under subsection (7);

(b) the time period for the applicant to request a review under section 12.4 has expired; and

(c) a director has not rescinded the notice under section 12.4. O. Reg. 70/08, s. 6.

(7)  A director may give the notice mentioned in clause (6) (a) if,

(a) any of the circumstances described in any of clauses (5) (a) to (f) applies; or

(b) the director is of the opinion that the applicant does not or will not have all of the equipment necessary to act as an examiner. O. Reg. 70/08, s. 6.

(8)  A director is not required to hold a hearing or to afford any person an opportunity for a hearing before deciding whether or not to give a notice under subsection (5) or (7). O. Reg. 70/08, s. 6.

Review of director’s notice

12.4  (1)  Within 21 days of being served with a notice mentioned in clause 12.3 (4) (a) or (6) (a), an applicant may request in writing that a director review the notice and may include representations in the request. O. Reg. 70/08, s. 6.

(2)  Upon receiving a request for a review of the notice, a director shall reconsider the grounds for giving the notice and shall give the applicant a further notice rescinding the original notice if the director is of the opinion that doing so is warranted. O. Reg. 70/08, s. 6.

(3)  A director is not required to hold a hearing or to afford any person an opportunity for a hearing before deciding whether or not to give a notice of rescission under subsection (2). O. Reg. 70/08, s. 6.

(4)  A decision of a director on whether or not to give a notice of rescission under subsection (2) is final and binding. O. Reg. 70/08, s. 6.

Issuance of certificate

12.5  (1)  A certificate shall be in the form approved by a director. O. Reg. 70/08, s. 6.

(2)  A director may refuse to issue the certificate if the person is not eligible for the issuance of the certificate as a result of subsection 12.3 (2). O. Reg. 70/08, s. 6.

(3)  Upon refusing to issue a certificate to an applicant for it, a director shall send a written notice of the refusal setting out the reason for the refusal. O. Reg. 70/08, s. 6.

(4)  A decision of a director to refuse to issue a certificate under subsection (2) is final and binding. O. Reg. 70/08, s. 6.

Examination stamp and legend

12.6  (1)  Upon issuing a certificate to an examiner, a director shall assign a certificate number and an examination stamp to the examiner. O. Reg. 70/08, s. 6.

(2)  If an examiner’s certificate expires, is suspended, is revoked or if the examiner surrenders his or her certificate, the examiner shall immediately return to a director the examination stamp assigned to the examiner. O. Reg. 70/08, s. 6.

(3)  Subject to subsections (4) and (5), an examination stamp shall be in the form of the examination legend. O. Reg. 70/08, s. 6.

(4)  The examination legend shall be in the following form:

O. Reg. 70/08, s. 6.

(5)  The certificate number assigned by a director to an examiner under subsection (1) shall be substituted for the numbers 000 on the examination legend that is reproduced on the examination stamp assigned to the examiner. O. Reg. 70/08, s. 6.

(6)  The examination legend on an examination stamp shall measure not less than 64 millimetres when measured from the top of the triangle to the mid point of the base. O. Reg. 70/08, s. 6.

(7)  No person shall reproduce an examination legend or an examination stamp unless the person has the written permission of a director. O. Reg. 70/08, s. 6.

(8)  No person, other than an examiner, shall use an examination stamp. O. Reg. 70/08, s. 6.

(9)  No examiner shall use an examination stamp, other than the stamp issued to the examiner, or permit any other person to use the stamp issued to the examiner. O. Reg. 70/08, s. 6.

Conditions of Certificates

Conditions

12.7  The certificate of an examiner is subject to,

(a) the conditions that the director who issues the certificate specifies in the certificate; and

(b) the requirements for an examiner set out in sections 12.8 to 12.10. O. Reg. 70/08, s. 6.

Production of copy of certificate

12.8  (1)  An examiner shall keep a copy of his or her certificate in a form approved by the director who issued the certificate on his or her person at all times while acting as an examiner. O. Reg. 70/08, s. 6.

(2)  An examiner shall show the copy of his or her certificate described in subsection (1) on request to a producer of a food animal, an inspector, a regional veterinarian, a veterinary inspector or the operator of licensed meat plant. O. Reg. 70/08, s. 6.

Further training

12.9  (1)  On the request of a director or a person designated by a director, an examiner shall submit to a reassessment of the examiner’s skills and competence to act as an examiner. O. Reg. 70/08, s. 6.

(2)  A director or a person designated by a director shall perform the reassessment. O. Reg. 70/08, s. 6.

(3)  A director or the person who performs the reassessment or, if there is no reassessment, a director or a person designated by a director may by written notice require an examiner to enrol in and successfully complete the further theoretical and practical courses that the person who gave the notice specifies if that person is of the opinion that the examiner requires the courses to be able to maintain the ability to act as an examiner in accordance with the Act and the regulations. O. Reg. 70/08, s. 6.

(4)  An examiner shall enrol in and successfully complete the further courses mentioned in subsection (3) if required to do so under that subsection. O. Reg. 70/08, s. 6.

(5)  Within 10 days of being served with a notice mentioned in subsection (3), an examiner may request in writing that a director review it and may include representations in the request. O. Reg. 70/08, s. 6.

(6)  Upon receiving a request for a review of the notice, a director shall reconsider the grounds for giving the notice and shall give the examiner a further notice rescinding the original notice if the director is of the opinion that doing so is warranted. O. Reg. 70/08, s. 6.

(7)  A director is not required to hold a hearing or to afford the examiner an opportunity for a hearing before deciding whether or not to give a notice of rescission under subsection (6). O. Reg. 70/08, s. 6.

(8)  A decision of a director on whether or not to give a notice of rescission under subsection (6) is final and binding. O. Reg. 70/08, s. 6.

Compliance with powers and duties

12.10  (1)  An examiner shall comply with this Regulation when exercising powers or performing duties as an examiner. O. Reg. 70/08, s. 6.

(2)  At the request of a director, an examiner shall provide copies of the records that the examiner is required to maintain under this Regulation. O. Reg. 70/08, s. 6.

Renewal, Suspension and Revocation of Certificates

Renewal of certificates, no right to hearing

12.11  (1)  Subject to subsection (3), a director shall issue a renewal of a certificate to a person who,

(a) applies for it;

(b) holds a certificate that has not expired or that is deemed to continue under subsection 12.14 (2);

(c) has paid the fee required for the application for the renewal;

(d) has paid the fees required to enrol in the theoretical and practical courses that a director specifies for the purpose of the renewal and that provide the necessary training to allow a person to act as an examiner in accordance with the Act;

(e) has successfully completed any other course described in clause (d) that a director has determined is a prerequisite for the courses in which the applicant applies to enrol under that clause; and

(f) has successfully completed the courses described in clause (d). O. Reg. 70/08, s. 6.

(2)  An application for the renewal of a certificate shall be in a form approved by a director and shall be accompanied by all information and documents that a director requires for the purposes of determining whether the application meets the requirements of this section. O. Reg. 70/08, s. 6.

(3)  A director may, by notice to the examiner and without a hearing, refuse to renew the certificate of an examiner if the director is of the opinion that the examiner is not eligible for the renewal as a result of subsection (1). O. Reg. 70/08, s. 6.

(4)  A decision of a director, under this section, to refuse to renew a certificate is final and binding. O. Reg. 70/08, s. 6.

Right to hearing

12.12  (1)  Subject to subsection (2), a director may refuse to renew the certificate of an examiner or may suspend or revoke it if the director is of the opinion that,

(a) any of the grounds exist for which the director may give a notice under subsection 12.3 (7) if the examiner were applying for a certificate;

(b) the examiner has contravened a condition of the certificate, including failing to successfully complete the courses that a director has required the examiner to complete under section 12.9; or

(c) the examiner is not exercising powers or performing duties as an examiner in a reasonably competent manner or in a humane manner. O. Reg. 70/08, s. 6.

(2)  A director shall not refuse to renew the certificate or shall not suspend or revoke it unless,

(a) before doing so, the director serves a written notice on the examiner that,

(i) sets out the reason for the director’s opinion, and

(ii) states that the examiner may request a hearing by a director within 10 days of being served with the notice; and

(b) the director has held the hearing if the examiner requests one within the required time. O. Reg. 70/08, s. 6.

(3)  Despite subsection (2), a director may, by notice to the examiner and without a hearing, provisionally suspend the certificate of an examiner if,

(a) in the director’s opinion, it is necessary to do so for the immediate protection of the safety or health of any person or animal or the public; and

(b) the director so states in the notice and gives reasons for the opinion. O. Reg. 70/08, s. 6.

(4)  Upon provisionally suspending a certificate, a director shall serve a written notice on the examiner stating that the examiner may request a hearing by a director within 10 days of being served with the notice to determine whether to further suspend or revoke the certificate. O. Reg. 70/08, s. 6.

(5)  A director shall not further suspend or revoke the certificate unless the director has held the hearing if the examiner requests one within the required time. O. Reg. 70/08, s. 6.

(6)  If, after a hearing, a director refuses to renew the certificate of an examiner or suspends or revokes it, the director shall give the examiner written notice of the decision and reasons for it. O. Reg. 70/08, s. 6.

(7)  A decision of a director, under this section, to refuse to renew a certificate or to suspend or revoke a certificate is final and binding. O. Reg. 70/08, s. 6.

Surrender and Expiry of Certificates

Surrender of certificate

12.13  An examiner may surrender his or her certificate at any time. O. Reg. 70/08, s. 6.

Expiry of certificates

12.14  (1)  A certificate expires on December 31 of the year following the year in which it is issued or renewed. O. Reg. 70/08, s. 6.

(2)  If, no later than October 31 of the year in which a certificate of an examiner expires, the examiner applies for renewal of the certificate, pays the required fee for the renewal and has complied with the Act and the regulations, the certificate shall be deemed to continue until the examiner has received the decision of a director on the application for renewal. O. Reg. 70/08, s. 6.

PART IV
PREMISES, FACILITIES AND EQUIPMENT OF MEAT PLANTS

Responsibility of operator

13.  The operator of a meat plant shall ensure that it complies with this Part. O. Reg. 31/05, s. 13.

Location

14.  (1)  A meat plant shall be situated on land that,

(a) is readily accessible;

(b) provides or permits good drainage;

(c) is free of debris, refuse and other conditions that may interfere with its hygienic operation or contaminate carcasses, parts of carcasses or meat products; and

(d) does not provide a harbour for pests. O. Reg. 31/05, s. 14 (1).

(2)  A meat plant shall not be located in close proximity to any place where,

(a) activities are performed that are incompatible w