O. Reg. 19/21: TOBACCO - PLAN

Français

ontario regulation 19/21

made under the

Farm Products Marketing Act

Made: December 17, 2020
Approved: January 15, 2021
Filed: January 22, 2021
Published on e-Laws: January 22, 2021
Printed in The Ontario Gazette: February 6, 2021

Amending O. Reg. 306/09

(TOBACCO - PLAN)

1. Section 1 of Ontario Regulation 306/09 is revoked and the following substituted:

Definitions

1. In this Regulation,

“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”)

“tobacco” means unmanufactured flue-cured tobacco. (“tabac”)

2. The French version of subparagraphs 3 i, ii and iii of subsection 3 (3) of the Regulation are revoked and the following substituted:

i.  contracter des emprunts sur le crédit de la commission locale,

ii.  émettre, vendre ou mettre en gage les titres de créance de la commission locale,

iii.  afin de garantir un titre de créance sur la commission locale ou un emprunt, une dette ou une autre obligation de la commission locale, grever, hypothéquer, nantir ou mettre en gage la totalité ou une partie de biens meubles ou immeubles présents ou futurs de la commission locale, y compris des comptes clients, des droits, des pouvoirs, des concessions et des engagements.

3. Sections 4, 5 and 6 of the Regulation are revoked and the following substituted:

Composition

4. The local board shall be composed of five members, all of whom shall be producers.

Election

5. (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 of producers, two or three producers, as the case may be, shall be elected as members to the local board to replace the members whose term expired that year.

Transition to first elected board

6. (1) The five members appointed to the local board by the Commission who remain in office on December 31, 2020 shall continue as members of the local board on and after January 1, 2021 until their successors are elected in accordance with subsection (2).

(2) At the annual meeting held in 2021, five members shall be elected to the local board for the following terms:

1.  Two producers shall be elected to hold office until their successors take office in 2022.

2.  Three producers shall be elected to hold office until their successors take office in 2023.

Term of office

7. (1) A member’s term of office begins at the beginning of the first meeting of the local board held after the annual meeting at which the member is elected and ends,

(a)  in the case of the members elected under paragraph 1 of subsection 6 (2), in the year following the year of their election, immediately before the beginning of the meeting at which their successor takes office; and

(b)  for all other members, in the second year following the year of their election, immediately before the beginning of the meeting at which their successor takes office.

(2) A producer shall not hold office for more than four consecutive terms, subject to subsections (3) and 9 (5).

(3) A producer who has held office as a member of the local board for four consecutive terms may be elected for up to four more consecutive terms if at least one year has elapsed since the end of the member’s previous four consecutive terms and the beginning of the member’s subsequent term.

Chair and vice-chair

8. The chair and vice-chair of the local board elected in accordance with section 5 of Regulation 400 of the Revised Regulations of Ontario, 1990 (By-laws for Local Boards), made under the Act, shall hold office for a term of one year and may be re-elected for subsequent terms.

Vacancies

9. (1) If the producers fail to elect a member to the local board at an annual meeting as required under this Regulation, 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 90 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 90 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) A producer who has held office as a member of the local board for four consecutive terms is eligible to be appointed to fill a vacancy on the board under this section, even though the producer is not yet eligible to be elected to the local board under subsection 7 (3).

(6) A producer who is appointed to the local board under subsection (5) shall not be elected for a subsequent term on the board until at least one year has elapsed since the end of the term for which the producer was appointed.

Producers who are not individuals

10. (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 a local board to fill a vacancy under section 9.

(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 this Regulation is deemed to be a reference to the individual designated by the producer under subsection (2) in the case of a producer who is not an individual.

Commencement

4. This Regulation comes into force on the day it is filed.

Made by:
Pris par :

Ontario Farm Products Marketing Commission:
La Commission de commercialisation des produits agricoles de l’Ontario :

Amy Cronin

Chair, FRMC

Brendan McKay

Director

Date made: December 17, 2020
Pris le : 17 décembre 2020

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

Le ministre de l’Agriculture, de l’Alimentation et des Affaires rurales,

Ernie Hardeman

Minister of Agriculture, Food and Rural Affairs

Date approved: January 15, 2021
Approuvé le : 15 janvier 2021

 

Français