O. Reg. 272/14: VEAL CATTLE - PLAN

Link to law: http://www.ontario.ca/laws/regulation/r14272
Published: 2014-12-15

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ontario regulation 272/14

made under the

Farm Products Marketing Act

Made: December 10, 2014
Filed: December 15, 2014
Published on e-Laws: December 16, 2014
Printed in The Ontario Gazette: January 3, 2015


veal cattle - plan

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CONTENTS




General




1.


Definitions




2.


Plan




Local Board




3.


Local board




4.


Meetings




Local Board Composition and Elections




5.


Local board composition




6.


Election of local board




7.


Term of office




8.


First local board




9.


First election of local board




10.


Chair




11.


Eligibility




12.


Vacancies




13.


Producers who are not individuals




Review




14.


Review




Commencement




15.


Commencement





General

Definitions

1. In this Regulation,

“local board” means the local board known as the Veal Farmers of Ontario established in subsection 3 (1); (“commission locale”)

“producer” means a person engaged in the production of veal cattle in Ontario; (“producteur”)

“veal cattle” means cattle produced in Ontario that consist of,

(a) Holstein male calves or Holstein freemartin female calves, each weighing no more than 125 pounds (56.7 kilograms); or

(b) calves of any breed that are to be sold for slaughter to a processor and the carcasses of which are to be processed into veal within the meaning of the Livestock and Poultry Carcass Grading Regulations (Canada). (“veaux de boucherie”)

Plan

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

Local Board

Local board

3. (1) A local board is established under the name “Veal Farmers of Ontario” in English and “Éleveurs de veau de l’Ontario” in French.

(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.

Meetings

4. (1) Despite subsection 19 (1) of Regulation 400 of the Revised Regulations of Ontario 1990 (By-laws for Local Boards) made under the Act, beginning in 2016, the local board shall hold one annual meeting of producers to be held after February 15 and on or before March 15 in each year.

(2) Despite section 3 of Regulation 400 of the Revised Regulations of Ontario, 1990, the first meeting of the local board after an election shall be held on or before March 16 in the year of the election.

Local Board Composition and Elections

Local board composition

5. The local board shall be composed of eight members, all of whom shall be producers.

Election of local board

6. (1) The members of the local board shall be elected to the local board by producers from among themselves.

(2) Every year at the annual meeting referred to in subsection 4 (1), two or three producers, as the case may be, shall be elected as members to the local board to replace the members whose term expires that year.

Term of office

7. (1) A member of the local board shall hold office for a term of three years.

(2) A member’s term of office begins at the beginning of the first meeting of the local board held in accordance with subsection 4 (2) after the member is elected and ends in the third year following the year of his or her election, immediately before the beginning of the meeting at which his or her successor takes office.

First local board

8. (1) Despite sections 5, 6 and 7, the first local board shall be constituted in accordance with this section.

(2) Within seven days of the day this Regulation comes into force, the Commission shall appoint eight individuals to sit as members of the local board beginning on the day of the appointment and ending in 2016 when the members elected to the local board under section 9 take office.

(3) Individuals appointed to the first local board by the Commission are not required to be producers.

First election of local board

9. (1) Despite subsection 6 (2), at the annual meeting of producers held in 2016, the producers shall elect eight members to the local board from among themselves.

(2) Despite subsection 7 (1), the members elected at an annual meeting of producers in 2016 shall hold office for the following terms:

1. Two producers shall be elected for a one-year term that expires in 2017.

2. Three producers shall be elected  for a two-year term that expires in 2018.

3. Three producers shall be elected for a three-year term that expires in 2019.

(3) Despite subsection 7 (2), the term of office of a member elected in 2016 shall,

(a) begin at the beginning of the first meeting of the local board held in accordance with subsection 4 (2) after the member is elected; and

(b) end in the first, second or third year following his or her election, as the case may be, immediately before the beginning of the meeting at which his or her successor takes office.

Chair

10. The chair of the local board elected in accordance with section 5 of Regulation 400 of the Revised Regulations of Ontario, 1990 shall hold office for a term of one year and may be re-elected for subsequent terms.

Eligibility

11. A producer who has been elected as a member of the local board for three consecutive three-year terms is not eligible to be elected to the local board until one year after the end of the third term.

Vacancies

12. (1) If the producers fail to elect a member to the local board as required under this Regulation at an annual meeting, the other members of the local board shall appoint a producer to fill the vacancy.

(2) An appointment under subsection (1) shall be made no earlier than the first board meeting following the election and no later than 45 days after the election.

(3) Subject to subsection (5), if, before the expiry of a board member’s term, the member dies, resigns, ceases to be a producer or otherwise becomes unable to act, the other board members shall, within 60 days after the applicable event, appoint a producer to fill the vacancy for the remainder of the term.

(4) If the board members fail to appoint a producer to fill a vacancy in accordance with subsections (1) and (2) or subsection (3), the Commission may appoint a producer to fill the vacancy.

(5) If a board member appointed by the Commission in 2015 under subsection 8 (2) dies, resigns, ceases to be a producer or otherwise becomes unable to act, the Commission may appoint an individual to fill the vacancy for the remainder of the term.

(6) A producer who is not eligible to be elected to the local board under section 11 is not eligible to be appointed to the local board under this section.

Producers who are not individuals

13. (1) If a producer is not an individual, the producer shall designate in writing an individual who may, on behalf of the producer,

(a) vote in an election of the local board;

(b) be elected as a member of the local board; or

(c) be appointed as a member of the local board to fill a vacancy under section 12.

(2) A producer who designates an individual under subsection (1) may designate only one of the following individuals:

1. An officer or employee of the producer.

2. In the case of a corporation, a shareholder or director of the corporation.

3. In the case of a partnership, a partner.

4. In the case of a joint venture, a member of the joint venture.

(3) A designation under subsection (1) shall be in a form approved by the local board.

(4) Any reference to a producer in sections 5, 6, 7, 8, 9,10, 11 and 12 and in this section shall, in the case of a producer who is not an individual, be deemed to be a reference to the individual designated by the producer under subsection (2).

Review

Review

14. (1) The Commission shall ensure that a comprehensive review of this Regulation and its operation is undertaken no later than two years after it comes into force.

(2) During a review under this section, the Commission shall consult with stakeholders including the Beef Farmers of Ontario and the Dairy Farmers of Ontario.

Commencement

Commencement

15. This Regulation comes into force on April 1, 2015.

 

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