O. Reg. 208/09: TOBACCO - MARKETING
under Farm Products Marketing Act, R.S.O. 1990, c. F.9
Skip to contentFarm Products Marketing Act
Tobacco — marketing
Consolidation Period: From April 19, 2021 to the e-Laws currency date.
Last amendment: 302/21.
Legislative History: 236/15, 20/21, 302/21.
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.
Powers of local board
2. 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. 302/21, s. 1.
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 to make regulations with respect to tobacco,
(a) providing for the fixing, payment and collection of licence fees and their recovery by way of a legal proceeding;
(b) prescribing the form of licences;
(c) 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. 302/21, s. 1.
(2) If the local board makes a regulation under subsection (1), it shall file a true copy of the proposed regulation with the Commission at least 30 days before any provision in the regulation comes into force. O. Reg. 302/21, s. 1.
(3) Despite subsection (2), with the prior approval of the Commission, a provision in a regulation made under subsection (1) may come into force after the regulation is filed with the Commission but before the 30-day period referred to in subsection (2) expires. O. Reg. 302/21, s. 1.
3.1 Revoked: O. Reg. 302/21, s. 1.
Other powers
4. (1) The local board may 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. O. Reg. 302/21, s. 1.
(2) The local board may establish a fund for the purpose of paying the expenses referred to in subsection (1). O. Reg. 302/21, s. 1.
(3) Despite subsection (1), 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. 302/21, s. 1.
(4) Subsection (3) does not apply in respect of an amount paid by the local board as a wage or salary. O. Reg. 302/21, s. 1.
Licences to produce tobacco
5. (1) No person shall engage in the production of tobacco in Ontario except under the authority of a licence issued in accordance with this Regulation. O. Reg. 302/21, s. 1.
(2) A person who is not engaged in the production of tobacco but who wishes to begin to engage in the production of tobacco in any given year shall submit an application for a licence to produce tobacco to the local board on or before January 31 of that year. O. Reg. 302/21, s. 1.
(3) An application for a licence shall be in the form provided by the local board. O. Reg. 302/21, s. 1.
(4) The local board shall grant a licence to an applicant unless it believes that the applicant is not in a position to observe or carry out the provisions of this Regulation or any regulation made under the Act by the Lieutenant Governor in Council or the Commission with respect to the production and marketing of tobacco. O. Reg. 302/21, s. 1.
(5) A licence to produce tobacco is subject to the following conditions:
1. Each year, the licensee shall obtain a registration certificate as a raw leaf tobacco producer issued under section 2.2 of the Tobacco Tax Act and shall continue to hold the certificate for the duration of the calendar year.
2. On or before July 1 in each year, the licensee shall submit an acreage declaration for the year to the local board, specifying the amount of land, in acres, on which the licensee is producing tobacco. O. Reg. 302/21, s. 1.
(6) The local board may suspend or revoke a licence if, after a hearing, it determines that the licensee has failed to,
(a) pay any licence fees required under this Regulation;
(b) furnish any information required by the local board under clause 2 (a), (b) or (c);
(c) comply with any requirement of the regulations made under the Act by the Lieutenant Governor in Council or the Commission with respect to the production or marketing of tobacco; or
(d) comply with any condition of the licence. O. Reg. 302/21, s. 1.
(7) The local board may revoke a licence if in three consecutive years,
(a) the annual acreage declaration made by a licensee in accordance with paragraph 2 of subsection (5) indicates that the licensee has not produced tobacco in any of those years; or
(b) the licensee fails to submit an annual acreage declaration to the local board. O. Reg. 302/21, s. 1.
First licences for existing producers
6. (1) Despite subsection 5 (1), a person who is engaged in the production of tobacco on the day section 1 of Ontario Regulation 302/21 comes into force may continue to engage in the production of tobacco without a licence until July 1, 2021. O. Reg. 302/21, s. 1.
(2) Despite subsection 5 (1), if a person referred to in subsection (1) submits an application for a licence to produce tobacco to the local board on or before July 1, 2021, the person may continue to engage in the production of tobacco without a licence until,
(a) the licence is issued by the local board; or
(b) the licence is refused in accordance with subsection 5 (4) and the local board gives notice to the person of its decision. O. Reg. 302/21, s. 1.
(3) An application for a licence under this section shall be in the form provided by the local board and shall be accompanied by an acreage declaration by the applicant, specifying the amount of land, in acres, on which the applicant is producing tobacco in 2021. O. Reg. 302/21, s. 1.
(4) Subsections 5 (5), (6) and (7) apply, with necessary modifications, to a licence issued under this section. O. Reg. 302/21, s. 1.
Fees
7. A producer who holds a licence to produce tobacco shall pay to the local board the licence fees that may be fixed by the local board by regulation made under section 3. O. Reg. 302/21, s. 1.
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.