ONTARIO REGULATION 65/09
made under the
ONTARIO FOOD TERMINAL ACT
Made: January 30, 2009
Approved: March 4, 2009
Filed: March 6, 2009
Published on e-Laws: March 6, 2009
Printed in The Ontario Gazette: March 21, 2009
RENTAL OF WAREHOUSE UNITS
1. In this Regulation,
“Food Terminal Building” means the buildings at the Terminal that are used or intended for use, in whole or in part, for the handling, processing, storing or selling of fruit and produce;
“related” means, with respect to two or more persons, that the persons are,
(a) related persons within the meaning of section 251 of the Income Tax Act (Canada),
(b) persons who are deemed not to deal with each other at arm’s length by section 251 of that Act, or
(c) affiliated persons within the meaning of section 251.1 of that Act;
“warehouse unit” means a unit of space in the Food Terminal Building as determined by the Board and rented by the Board pursuant to one or more leases, subleases, licences or other agreements.
Limit on number of units rented
2. (1) For the purposes of section 5 of the Act, the Board shall not make any arrangement or enter into any agreement to rent more than three warehouse units at one time,
(a) to any person; or
(b) to two or more related persons.
(2) Subsection (1) does not apply to an arrangement that was made, or an agreement that was entered into, before this Regulation came into force.
(3) Subject to subsection (2) and despite the provisions of any lease, sublease, licence or other agreement, if a person or related persons obtain the right to rent or otherwise occupy more than three warehouse units at one time, whether directly or indirectly by issuance, assignment, gift, transfer or otherwise, the person or persons shall provide notice to the Board within 15 days of obtaining the right and shall cease to rent or otherwise occupy more than three warehouse units within 90 days of obtaining the right.
(4) If a person fails to comply with subsection (3), the Board may, on 30 days written notice, terminate the person’s right to rent or otherwise occupy more than three warehouse units at one time.
Evidence of compliance
3. (1) The Board may by written notice require a tenant or other person who, in the opinion of the Board has an interest in a warehouse unit, to provide such information, material or evidence as the Board considers necessary to determine compliance with this Regulation in respect of the unit.
(2) Despite the provisions of any lease, sublease, licence or other agreement, if a person fails to comply with subsection (1), the Board may,
(a) suspend the right to rent or otherwise occupy the warehouse unit in question and retake possession of the unit until such time as the information, material or evidence of compliance with this Regulation is provided to the Board; or
(b) terminate the right to rent or otherwise occupy the warehouse unit in question.
4. This Regulation comes into force on the day it is filed.
Ontario Food Terminal Board:
I. Bruce Nicholas
General Manager and Secretary Treasurer
Date made: January 30, 2009.