O. Reg. 300/13: GRAIN (GRAIN CORN, SOYBEANS AND WHEAT) - PLAN

Link to law: http://www.ontario.ca/laws/regulation/r13300
Published: 2013-11-26

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ONTARIO REGULATION 300/13

made under the

FARM PRODUCTS MARKETING ACT

Made: November 21, 2013
Approved: November 25, 2013
Filed: November 26, 2013
Published on e-Laws: November 26, 2013
Printed in The Ontario Gazette: December 14, 2013


Amending O. Reg. 484/09

(GRAIN (GRAIN CORN, SOYBEANS AND WHEAT) — PLAN)

1. The definition of “producer” in section 1 of Ontario Regulation 484/09 is amended by striking out “corporation, partnership or joint venture” and substituting “corporation or partnership”.

2. Paragraph 1 of subsection 3 (3) of the Regulation is amended by striking out “under the Act” and substituting “under the Act, or under any other Act of Ontario or Canada”.

3. (1) Subsection 4 (3) of the Regulation is revoked and the following substituted:

(3) There shall be one board member elected or appointed in accordance with section 9 or appointed in accordance with section 11 to represent each district.

(2) Subsection 4 (4) of the Regulation is amended by striking out “A producer is eligible to be a board member” at the beginning and substituting “A producer is eligible to be elected or appointed a board member”.

(3) Section 4 of the Regulation is amended by adding the following subsection:

(5) Once elected or appointed to the local board, a member may continue to sit on the local board even if he or she ceases to meet the requirements for election or appointment set out in subsection (4).

4. Section 6 of the Regulation is revoked and the following substituted:

District group of producers

6. (1) Subject to subsection (3), a producer is a member of the group of producers for a district if the producer’s registered business address is located in the district.

(2) In this section,

“registered business address” means the business address that the producer registers with the local board, as required by the local board under paragraph 1 of section 6 of Ontario Regulation 485/09 (Grain (Grain Corn, Soybeans and Wheat) — Marketing) made under the Act.

(3) If a producer’s registered business address is not located in any of the districts established under section 5, the producer is a member of the group of producers for,

(a) the district in which the producer produces grain, or

(b) if the producer produces grain in more than one district, the district that the producer designates in accordance with subsections (4) and (5).

(4) A producer whose registered business address is not located in any of the districts established under section 5 and who produces grain in more than one district may designate one of those districts in order to be a member of the group of producers for the designated district.

(5) A designation under subsection (4) shall be in a form approved by the local board and shall be filed with the local board.

5. Subsections 7 (4) and (5) of the Regulation are revoked and the following substituted:

(4) A producer is eligible to be elected as a delegate for a district if,

(a) the producer is a member of the group of producers for the district; and

(b) the producer has paid licence fees to the local board for grain sold by the producer in the two years prior to the year of the election.

(5) The delegates to a District Grain Committee shall be elected for a term that begins on the day of their election and ends on the day before the election of delegates to the Committee in the following year.

(6) Despite subsection (5), if a delegate to a District Grain Committee is elected or appointed to the local board, the delegate’s term on the Committee is extended to end on the day before the election of delegates to the Committee in the year when the delegate’s term as a board member ends under section 9.

(7) Subsection (6) does not apply if the delegate to a District Grain Committee who has been elected or appointed to the local board resigns as a board member on or before the day his or her term as delegate to the Committee would normally end under subsection (5).

(8) A District Grain Committee shall meet at least four times each year.

(9) A District Grain Committee may carry out the following functions:

1. It may advise the local board on matters related to the production and marketing of grain.

2. It may facilitate the exchange of information between producers in the district and the local board and serve as a liaison between them.

3. It may engage in local initiatives that stimulate, increase or improve the production or marketing of grain in a manner that is consistent with the local board’s strategic plan.

6. Subsections 8 (5), (6), (7) and (8) of the Regulation are revoked.

7. (1) Subsection 9 (1) of the Regulation is revoked and the following substituted:

Election, term, first meeting of board members

(1) The District Grain Committee for each district shall elect one board member on or before March 1 of the following years:

1. The District Grain Committee for each district shall elect one board member in 2014.

2. The District Grain Committee for Districts 1, 3, 5, 7, 9, 11, 13 and 15 shall each elect one board member in 2015 and every second year thereafter.

3. The District Grain Committee for Districts 2, 4, 6, 8, 10, 12 and 14 shall each elect one board member in 2016 and every second year thereafter.

(2) Section 9 of the Regulation is amended by adding the following subsection:

(2.1) If a board member for a district is not appointed by board members within the time specified in subsection (2), the Commission may, within 30 days of the end of the specified time, appoint a board member for the district.

(3) Subsections 9 (3) and (4) of the Regulation are revoked and the following substituted:

(3) The local board shall hold its first meeting after an election under subsection (1) on or after March 2 but before March 17.

(4) A newly elected board member takes office on March 2 in the year of his or her election and, subject to subsections (5) and (6), holds office until March 1 in the second year following the year of his or her election.

(5) Board members elected in 2014 by the District Grain Committees for Districts 1, 3, 5, 7, 9, 11, 13 and 15 shall hold office only until March 1, 2015.

(6) If a delegate to a District Grain Committee is elected to the local board under this section or is appointed under section 9 or 11 and subsequently resigns as delegate to the Committee before his or her term as board member ends under subsection (4) or (5), his or her term as a board member ends on the day the resignation as delegate to the Committee becomes effective.

8. Section 10 of the Regulation is revoked.

9. Section 11 of the Regulation is revoked and the following substituted:

Vacancies on local board

11. (1) If, before the expiry of a board member’s term under subsection 9 (4) or (5), the board member dies, resigns, ceases to be a producer or otherwise becomes unable to act or the board member’s term ends under subsection 9 (6), the remaining delegates to the District Grain Committee to which the board member is or was a delegate may, within 30 days of the applicable event, appoint a replacement board member to fill the vacancy for the remainder of the term

(2) If the remaining delegates of the District Grain Committee do not appoint a replacement board member under subsection (1) within the specified time, the remaining board members may do so within 30 days of the end of the specified time.

(3) If the remaining board members do not appoint a replacement board member under subsection (2) within the specified time, the Commission may do so.

10. Sections 13 and 14 of the Regulation are revoked.

Commencement

11. 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: November 21, 2013.
Pris le : 21 novembre 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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