O. Reg. 28/11: Fresh Grapes - Plan


Published: 2011-02-09

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ontario regulation 28/11

made under the

Farm Products Marketing Act

Made: January 25, 2011
Approved: February 9, 2011
Filed: February 9, 2011
Published on e-Laws: February 11, 2011
Printed in The Ontario Gazette: February 26, 2011


Amending Reg. 411 of R.R.O. 1990

(Fresh Grapes — Plan)

1. Sections 1, 2 and 3 of Regulation 411 of the Revised Regulations of Ontario, 1990 are revoked and the following substituted:

Definitions

1. In this Regulation,

“district” means a fresh grape growing district established under section 5;

“fresh grapes” means all grapes that are produced in Ontario but does not include grapes used for processing or for the production of late harvest juice to which Regulation 415 of the Revised Regulations of Ontario, 1990 (Grapes for Processing — Plan) applies;

“producer” means a person engaged in the production of fresh grapes.

Plan

2. This Regulation sets out the plan for the control and regulation of the producing and marketing of fresh grapes in Ontario.

Local board

3. (1) The local board known as “The Ontario Fresh Grape Growers’ Marketing Board” is continued.

(2) The local board has the authority, and shall exercise the powers and perform the duties,

(a) that the Commission delegates to it under the Act; and

(b) that are given or assigned to it by this Regulation and by any other applicable regulation.

(3) The local board has the following powers:

1. The local board has such powers of a natural person as are necessary for the local board to exercise its other powers and perform its duties under the Act or any other Act of Ontario or Canada, subject to any limitations set out in this Regulation or any other regulation that applies to the local board.

2. The local board may accept extra-provincial powers and rights.

3. Where authorized by by-law, and subject to Regulation 400 of the Revised Regulations of Ontario, 1990 (By-laws for Local Boards) made under the Act, the local board may, 

i. borrow money on the credit of the local board,

ii. issue, sell or pledge debt obligations of the local board, or

iii. charge, mortgage, hypothecate or pledge all or any currently owned or subsequently acquired real or personal movable or immovable property of the local board, including book debts, rights, powers, franchises and undertakings, to secure any debt obligations or any money borrowed or other debt or liability of the local board. 

(4) The local board shall not,

(a) establish or acquire a controlling interest in a corporation or other entity;

(b) exercise its powers and perform its duties, or purport to do so, through a corporation or other entity; or

(c) indemnify or agree to indemnify any person in relation to any action or other proceeding except as permitted by Regulation 400 of the Revised Regulations of Ontario, 1990. 

Local board composition

4. (1) The local board shall be composed of seven members, all of whom shall be producers.

(2) The local board members shall be elected in accordance with section 7 from among the producers who sit on the district fresh grape growers’ committees for the districts established under section 5.

Fresh grape growing districts

5. For the purposes of the elections to the local board and to the district fresh grape growers’ committees, the following fresh grape growing districts are established:

1. District 1, consisting of the Town of Niagara-on-the-Lake.

2. District 2, consisting of the City of St. Catharines, City of Niagara Falls, City of Welland, City of Thorold, City of Port Colborne and the Town of Fort Erie and the Town of Pelham.

3. District 3, consisting of that part of the Town of Lincoln lying to the east of Road number 24 in The Regional Municipality of Niagara.

4. District 4, consisting of that part of the Town of Lincoln lying to the west of Road number 24 in The Regional Municipality of Niagara.

5. District 5, consisting of the Town of Grimsby, the Township of West Lincoln and The Regional Municipality of Hamilton-Wentworth and those parts of Ontario that are not included in Districts 1 to 4.

District fresh grape growers’ committees

6. (1) There shall be a fresh grape growers’ committee for each district, all the members of which shall be producers who produce fresh grapes in the district.

(2) The number of members of a district fresh grape growers’ committee shall be based on the number of producers who produce fresh grapes in the district, there being one member of the committee for every 10 producers, or fraction thereof, who produce fresh grapes in the district.

(3) The producers who produce fresh grapes in a district shall elect the members of the district fresh grape growers’ committee annually from among themselves.

(4) A producer who produces fresh grapes in more than one district shall not be elected to the district fresh grape growers’ committee for more than one district.

(5) The election of all of the district fresh grape growers’ committees shall take place at the local board’s annual general meeting, to be held on or before March 15 of each year.

(6) The members of a district fresh grape growers’ committee shall be elected for a term which shall begin on the day of their election and end on the day before the election of the committee the following year.

Election of local board

7. (1) At a meeting of the members of all of the district fresh grape growers’ committees elected in accordance with section 6 to be held on a day to be determined under subsection (2), the newly elected committee members shall elect the local board members in accordance with the following rules:

1. The members of the district fresh grape growers’ committee for District 1 shall elect two local board members from among themselves.

2. With respect to Districts 2, 3, 4 and 5, the members of each district fresh grape growers’ committee shall elect one local board member from among themselves.

3. The members of all five district fresh grape growers’ committees shall elect one local board member, as member-at-large, from among the members of all five committees.

(2) The day on which the election of local board members shall be held shall be on or before March 31 of any year, as may be determined by the members of the district fresh grape growers committees elected under section 6.

(3) If at a meeting referred to in subsection (1), the members of a particular district fresh grape growers’ committee fail to elect a member to the local board in accordance with paragraph 1 or 2 of subsection (1), the members of all five district fresh grape growers’ committees may, later at the meeting, elect a member to the local board from among the members of all five committees.

(4) No person elected to the local board under this section or appointed to the local board under section 8 shall hold more than one seat on the local board.

(5) The members of a local board shall be elected for a term which shall begin on the day of their election and end on the day before the election of the local board the following year.

Vacancies

8. (1) At its first meeting after an election under section 7, the elected members of a local board may appoint such members as are necessary to complete the local board in accordance with subsection (3) or (4).

(2) If a member of the local board dies, resigns or is unable to act for the remainder of his or her term of office, the other members of the local board,

(a) shall promptly give the Commission written notice of the vacancy; and

(b) may appoint a producer to fill the vacancy for the remainder of the term, in accordance with subsection (3) or (4).

(3) The following rules apply when the local board is filling a vacancy created by the failure to elect, or the death, resignation or inability to act of, a member representing a particular district:

1. Subject to paragraphs 2, 3 and 4, the person appointed shall be a producer who is a member of the district fresh grape growers’ committee for the particular district.

2. If no member of the district fresh grape growers’ committee for the particular district is eligible or willing to sit on the local board, any producer who is a member of any district fresh grape growers’ committee may be appointed.

3. If no member of a district fresh grape growers’ committee is eligible or willing to sit on the local board, any producer who produces fresh grapes in the particular district may be appointed.

4. If no producer who produces fresh grapes in the particular district is eligible or willing to sit on the local board, any producer may be appointed.

(4) The following rules apply when the local board is filling a vacancy created by the failure to elect the member-at-large referred to in paragraph 3 of subsection 7 (1) or by the death, resignation or inability to act of, the member-at-large:

1. Subject to paragraph 2, the person appointed shall be a producer who is a member of a district fresh grape growers’ committee.

2. If no member of a district fresh grape growers’ committee is eligible or willing to sit on the local board, any producer may be appointed.

(5) The local board shall promptly give the Commission written notice of having filled a vacancy created by the failure to elect a member or by the death, resignation or inability to act of a member.

(6) If the Commission does not receive notice of a vacancy having been filled under subsection (5) within 14 days of the vacancy occurring, the Commission may appoint any producer to fill the vacancy for the remainder of the term.

2. The Schedule to the Regulation is revoked.

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

Made by:
Pris par :

Ontario Farm Products Marketing Commission:
Commission de commercialisation des produits agricoles de l’Ontario :

Le secrétaire,

George McCaw

Secretary

Le président,

Geri Kamenz

Chair

Date made: January 25, 2011.
Pris le : 25 janvier 2011.

I approve this Regulation.
J’approuve le présent règlement.

La ministre de l’Agriculture, de l’Alimentation et des Affaires rurales,

Carol Mitchell

Minister of Agriculture, Food and Rural Affairs

Date approved: February 9, 2011.
Approuvé le : 9 février 2011.

 

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