O. Reg. 102/03: GRAPES FOR PROCESSING - PLAN

 

ontario regulation 102/03

made under the

Farm Products MArketing Act

Made: March 20, 2003
Approved: March 25, 2003
Filed: March 26, 2003
Printed in The Ontario Gazette: April 12, 2003

Amending Reg. 415 of R.R.O. 1990

(Grapes for Processing — Plan)

1. (1) Section 2 of the Schedule to Regulation 415 of the Revised Regulations of Ontario, 1990 is amended by adding the following definition:

“winery grower” means a producer who,

(a) is the holder of a licence as a processor of grapes or late harvest juice issued by the Commission under Regulation 414 of the Revised Regulations of Ontario, 1990 or is the affiliate of such a holder, and

(b) is the holder of a manufacturer’s licence issued by the Registrar of Alcohol and Gaming under the Liquor Licence Act and an authorization under the Liquor Control Act to sell, at a retail store on the holder’s premises, wine manufactured by the holder or is the affiliate of such a holder.

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

(2) For the purpose of the definition of “winery grower” in subsection (1),

1. A body corporate shall be deemed to be affiliated with another body corporate if, but only if, one of them is the subsidiary of the other or both are subsidiaries of the same body corporate or each of them is controlled by the same person, partnership or other entity.

2. A body corporate shall be deemed to be affiliated with a partnership or other entity that is not a body corporate, if but only if, one is controlled by the other or each is controlled by the same person, partnership or other entity.

3. A natural person shall be deemed to be affiliated with a body corporate, a partnership or other entity that is not a body corporate, if but only if, the body corporate, partnership or other entity is controlled by the natural person.

4. A partnership or other entity that is not a body corporate shall be deemed to be affiliated with another partnership or other entity that is not a body corporate if, but only if, one of them controls the other or each is controlled by the same person, partnership or entity.

5. A body corporate shall be deemed to be a subsidiary of another body corporate if, but only if,

i. it is controlled by,

A. that other,

B. that other and one or more bodies corporate, each of which is controlled by that other, or

C. two or more bodies corporate, each of which is controlled by that other, or

ii. it is a subsidiary of a body corporate that is that other’s subsidiary.

6. A body corporate with share capital shall be deemed to be controlled by another person, partnership or other entity or by two or more bodies corporate if, but only if,

i. securities or shares of the first-mentioned body corporate carrying more than 50 per cent of the votes for the election of directors are held, other than by way of security only, by or for the benefit of the other person, partnership or entity or by or for the benefit of the other bodies corporate, and

ii. the votes carried by the securities or shares mentioned in subparagraph i are sufficient, if exercised, to elect a majority of the board of directors of the first-mentioned body corporate.

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

5. The local board shall be composed of eight producer members.

(4) Subsection 7 (1) of the Schedule to the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(1) Producers who are not winery growers are divided into the following four districts:

. . . . .

(5) Subsection 7 (2) of the Schedule to the Regulation is revoked and the following substituted:

(2) A producer in an area of Ontario not included in a district mentioned in subsection (1), who is not a winery grower, may become a member of the district group of producers nearest to the producer’s place of production.

(3) Every producer who is a winery grower is a member of District 5.

(6) Section 10 of the Schedule to the Regulation is amended by adding at the beginning “Subject to subsection (2)”.

(7) Section 10 of the Schedule to the Regulation is amended by adding the following subsection:

(2) The district group for District 4 shall elect one additional representative to The Grape Growers’ Committee who shall be a producer from either the County of Kent or the County of Essex.

(8) Section 11 of the Schedule to the Regulation is amended by striking out “subsection 7 (1)” in the portion before paragraph 1 and substituting “section 7”.

(9) Paragraph 5 of section 11 of the Schedule to the Regulation is revoked and the following substituted:

5. One producer member from District 5.

6. One producer member as a member at large from any one of Districts 1 to 5.

(10) Subsections 12 (1) and (2) of the Schedule to the Regulation are amended by striking out “Board” wherever it occurs and substituting in each case “Commission”.

Ontario Farm Products Marketing Commission:

Rod Stork

Chair

Patricia Bany

Secretary

Dated on March 20, 2003.

Approved:

Helen Joanne Johns

Minister of Agriculture and Food

Dated on March 25, 2003.