O. Reg. 208/09: TOBACCO - MARKETING

Farm Products Marketing Act

ONTARIO REGULATION 208/09

Tobacco — marketing

Historical version for the period January 22, 2021 to April 18, 2021.

Last amendment: 20/21.

Legislative History: 236/15, 20/21.

This is the English version of a bilingual regulation.

Definitions

1. In this Regulation,

“local board” means The Ontario Flue-Cured Tobacco Growers’ Marketing Board continued by Regulation 436 of the Revised Regulations of Ontario, 1990 (Tobacco — Plan) made under the Act; (“commission locale”)

“producer” means a person who produces tobacco in Ontario and who holds a valid registration certificate as a raw leaf tobacco producer issued under section 2.2 of the Tobacco Tax Act; (“producteur”)

“producing” means planting, growing, harvesting and curing; (“produire”)

“tobacco” means unmanufactured flue-cured tobacco produced in Ontario. (“tabac”). O. Reg. 208/09, s. 1; O. Reg. 20/21, s. 2.

Delegation of powers

2. The following powers of the Commission are delegated to the local board by the Commission under subsection 3 (3) of the Act:

1.-4. Revoked: O. Reg. 236/15, s. 1.

5. Stimulating, increasing and improving the marketing of tobacco by such means as the local board considers proper in view of the purpose of the Act.

6. Co-operating with a marketing board, local board, marketing commission or marketing agency of Canada or of any province in Canada for the purpose of marketing tobacco.

7. Revoked: O. Reg. 236/15, s. 1.

O. Reg. 208/09, s. 2; O. Reg. 236/15, s. 1.

Powers of local board

3. The Commission delegates to the local board the power,

(a) to require persons engaged in producing or marketing tobacco to register the business contact information and a description of the business with the local board;

(b) to require persons engaged in producing or marketing tobacco to furnish such information relating to the producing or marketing of tobacco, including the filing of completed returns, as the local board determines;

(c) to appoint persons to,

(i) inspect the books, records, documents, lands and premises and any tobacco of persons engaged in producing or marketing tobacco, and

(ii) enter on land or premises used for the producing of tobacco and measure the area of land used to produce the tobacco;

(d) to stimulate, increase and improve the marketing of tobacco by such means as it considers proper;

(e) to co-operate with a marketing board, local board, marketing commission or marketing agency of Canada, or of any province of Canada, for the purpose of marketing tobacco; and

(f) to do such acts and make such orders and issue such directions as are necessary to enforce the due observance and carrying out of the provisions of the Act, the regulations and the plan. O. Reg. 20/21, s. 3.

Powers of the local board to make regulations

3.1 The Commission delegates to the local board its powers, under subsection 7 (1) of the Act with respect to tobacco, to make regulations,

(a) providing for the licensing of any or all persons before commencing, or continuing to engage in, the producing or marketing of tobacco;

(b) prescribing or providing for classes of licences and the imposition of terms and conditions on any class of licence;

(c) providing that the local board may impose such terms and conditions on a licence as the local board considers proper;

(d) prohibiting persons from engaging in the producing of tobacco except under the authority of a licence and except in compliance with the terms and conditions of the licence, and prohibiting producers from engaging in the marketing of tobacco except under the authority of a licence and except in compliance with the terms and conditions of the licence;

(e) providing for the refusal to grant or renew, or the suspension or revocation of, a licence where the applicant or licensee has failed to comply with or has contravened any provision of the Act, the regulations, the plan or any order or direction of the Commission or local board;

(f) providing for the imposition, amount, disposition and use of penalties where, after a hearing, the local board is of the opinion that the applicant or licensee has failed to comply with or has contravened any term or condition of the licence or any provision of the Act or regulations, the plan or any order or direction of the Commission or local board;

(g) providing for the fixing, payment and collection of licence fees and their recovery by way of a legal proceeding;

(h) prescribing the form of licences;

(i) authorizing the fixing of prompt payment discounts, delayed payment penalties and interest on licence fees owing by any person engaged in the producing or marketing of tobacco. O. Reg. 20/21, s. 3.

Other powers

4. (1), (2) Revoked: O. Reg. 236/15, s. 3 (1).

(3) The Commission authorizes the local board to,

(a) use money received or held by the local board for the purposes of paying the expenses it incurs in the exercise of the powers delegated to the local board by the Commission, but for no other purpose; and

(b) appoint agents, prescribe their duties and terms and conditions of appointment, and provide for their remuneration.  O. Reg. 208/09, s. 4 (3); O. Reg. 236/15, s. 3 (2).

(4) Clause (3) (a) does not apply in respect of service charges paid under subsection 5 (1) or in respect of expenses relating to the provision of services under that subsection.  O. Reg. 208/09, s. 4 (4).

(5) Despite clause (3) (a), the local board shall not expend or agree to expend an amount of more than $25,000 on any single good, service, interest in real estate, or any other thing, without the Commission’s prior written consent.  O. Reg. 208/09, s. 4 (5).

(6) Subsection (5) applies in respect of an amount paid by the local board as a wage or salary only if the local board proposes to increase the amount.  O. Reg. 208/09, s. 4 (6).

Vesting of powers

5. (1) The following powers are vested in the local board by the Commission under subsection 8 (1) of the Act:

1. Revoked: O. Reg. 236/15, s. 4 (1).

2. On request by a producer, to provide services to the producer with respect to the assembling, buying, offering for sale, selling, storing or transporting, as the case may be, of tobacco.

3. Subject to section 7, to fix service charges for services provided under paragraph 2 and require their payment by producers who request and receive the services.

O. Reg. 208/09, s. 5 (1); O. Reg. 236/15, s. 4.

(2) Service charges paid to the local board by producers for services provided under paragraph 2 of subsection (1) shall be used only to pay the expenses the local board incurs in providing the services and for no other purpose.  O. Reg. 208/09, s. 5 (2).

6. Revoked: O. Reg. 236/15, s. 5.

Limits on fees, service charges

7. (1)-(5) Revoked: O. Reg. 236/15, s. 6.

(6) The local board shall ensure that the total amount of service charges payable under paragraph 3 of subsection 5 (1) for services provided under paragraph 2 of that subsection does not exceed the reasonable expenses that would be incurred by the local board in providing those services.  O. Reg. 208/09, s. 7 (6).

(7), (8) Revoked: O. Reg. 236/15, s. 6.

8. Omitted (revokes other Regulations).  O. Reg. 208/09, s. 8.

9. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 208/09, s. 9.