O. Reg. 302/13: TENDER FRUIT - PLAN

Link to law: http://www.ontario.ca/laws/regulation/r13302
Published: 2013-11-26

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ONTARIO REGULATION 302/13

made under the

FARM PRODUCTS MARKETING ACT

Made: September 18, 2013
Approved: November 25, 2013
Filed: November 26, 2013
Published on e-Laws: November 27, 2013
Printed in The Ontario Gazette: December 14, 2013


Amending Reg. 434 of R.R.O. 1990

(TENDER FRUIT — PLAN)

1. Sections 2 and 3 of Regulation 434 of the Revised Regulations of Ontario, 1990 are revoked.

2. (1) Section 2 of the Schedule to the Regulation is amended by adding the following definition:

“geographic area” means a geographic area under the Territorial Division Act, 2002; (“zone géographique”)

(2) Section 4 of the Schedule to the Regulation is amended by adding the following subsections:

(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 power 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.

(3) Section 6 of the Schedule to the Regulation is revoked and the following substituted:

6. (1) For the purposes of elections to the District Tender Fruit Producers’ Committees under section 8 and to the local board under section 9, the following tender fruit growing districts are established:

1. District 1A, composed of the lower-tier municipalities of Niagara-on-the-Lake and St. Catharines in the geographic area of Niagara.

2. District 1B, composed of the lower-tier municipalities of Grimsby, Lincoln and West Lincoln in the geographic area of Niagara and the geographic areas of Halton, Hamilton and Peel.

3. District 2, composed of the lower-tier municipalities of Fort Erie, Niagara Falls, Pelham, Port Colborne, Thorold, Wainfleet and Welland in the geographic area of Niagara.

4. District 3, composed of the geographic area of Essex.

5. District 4, composed of the geographic areas of Chatham-Kent and Lambton.

6. District 5, composed of the geographic areas of Brant, Elgin, Haldimand and Norfolk.

(2) A producer whose place of production is located in a district mentioned in subsection (1) is eligible to vote in respect of that district.

(3) If a producer produces tender fruit in more than one district, the following rules apply:

1. The producer is eligible to vote in respect of only one district.

2. The producer shall designate the district in respect of which the producer intends to vote by filing a designation with the local board at least four weeks before the annual meeting of producers.

3. The designation shall be in a form provided by the local board.

4. A producer may change districts by filing a further designation with the local board, but the designation is not valid in respect of an election unless the designation is filed in accordance with the timeline described in paragraph 2.

(4) A producer whose place of production is not located in a district mentioned in subsection (1) is eligible to vote in respect of the district nearest to his or her place of production.

(4) Section 8 of the Schedule to the Regulation is amended by striking out “40” wherever it appears and substituting in each case “20”.

(5) Section 9 of the Schedule to the Regulation is revoked and the following substituted:

9. On or before April 30 in each year, the committees shall elect members to the local board as follows:

1. A combined total of five members shall be elected from the representatives of the committees of Districts 1A and 1B.

2. One member shall be elected from the representatives of each of the committees of Districts 2 to 5.

(6) Section 11 of the Schedule to the Regulation is revoked and the following substituted:

11. Any person elected as a member of the local board under section 9 must be eligible to vote in respect of the district for which he or she is elected.

Commencement

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 :

Geri Kamenz

Chair

Arva Machan

Secretary

Date made: September 18, 2013.
Pris le : 18 septembre 2013.

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

La ministre de l’Agriculture et de l’Alimentation,

Kathleen O’Day Wynne

Minister of Agriculture and Food

Date approved: November 25, 2013.
Approuvé le : 25 novembre 2013.

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