O. Reg. 318/23: HOGS - PLAN

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ontario regulation 318/23

made under the

Farm Products Marketing Act

Made: September 11, 2023
Approved: September 27, 2023
Filed: September 29, 2023
Published on e-Laws: September 29, 2023
Published in The Ontario Gazette: October 14, 2023

Amending O. Reg. 403/10

(HOGS - PLAN)

1. Subsection 3 (2) of Ontario Regulation 403/10 is amended by striking out “2011” wherever it appears and substituting in each case “2024”.

2. Subsections 5 (2) and (3) of the Regulation are revoked and the following substituted:

(2) The board members shall be elected or appointed in accordance with sections 18 to 21 as follows:

1. One board member from Zone 1.

2. Two board members from Zone 2.

3. One board member from Zone 3.

4. One board member from Zone 4.

5. One board member from Zone 5.

6. Three board members at large.

3. Paragraphs 1 to 4 of subsection 6 (1) of the Regulation are revoked and the following substituted:

1. Zone 1, composed of the geographic areas of Chatham-Kent, Elgin, Essex, Lambton and Middlesex.

2. Zone 2, composed of the geographic areas of Huron and Perth.

3. Zone 3, composed of the geographic areas of Bruce, Dufferin, Grey, Simcoe, Waterloo, Wellington and York.

4. Zone 4, composed of the geographic areas of Brant, Haldimand, Halton, Hamilton, Niagara, Norfolk, Oxford and Peel.

5. Zone 5, composed of the geographic areas of Algoma, Cochrane, Durham, Frontenac, Haliburton, Hastings, Kawartha Lakes, Kenora, Lanark, Leeds and Grenville, Lennox and Addington, Manitoulin, Muskoka, Nipissing, Northumberland, Ottawa, Parry Sound, Peterborough, Prescott and Russell, Prince Edward, Rainy River, Renfrew, Stormont, Dundas and Glengarry, Sudbury, Thunder Bay, Timiskaming and Toronto.

4. Subsection 8 (4) of the Regulation is amended by striking out “sections 12 to 19” at the end and substituting “sections 12 to 21”.

5. The Regulation is amended by adding the following section:

Zone council meetings

8.1 (1) The date of a zone council meeting shall be fixed by the local board and the meetings shall be chaired by a representative of the local board.

(2) The local board shall give notice of a zone council meeting to delegates of the zone council at least 10 days before the date of the meeting.

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

Approval of associations’ constitutions

9. (1) An association of one or more producers shall not be allotted delegates for purposes of an election of a zone council unless the association’s constitution is approved by the local board.

(2) The procedures for approving the constitutions of associations of producers shall be determined by the local board.

(3) Two or more associations within a zone may amalgamate if the local board approves the amalgamation.

(4) Any association with an approved constitution that existed on the day section 6 of Ontario Regulation 318/23 came into force is continued.

7. (1) Subsection 10 (1) of the Regulation is amended by striking out the portion before clause (a) and substituting:

(1) By January 6 of an election year for a hog producing zone, the local board shall,

. . . . .

(2) Subsection 10 (2) of the Regulation is amended by striking out “November 30” and substituting “the Saturday closest to November 30”.

(3) Subsection 10 (3) of the Regulation is amended by striking out “100” in the portion before clause (a) and substituting “85”.

(4) Clause 10 (3) (a) of the Regulation is amended by,

(a) striking out “November 30” and substituting “Saturday closest to November 30”; and

(b) striking out “four” and substituting “five”.

(5) Clause 10 (3) (b) of the Regulation is amended by,

(a) striking out “hogs marketed” wherever it appears and substituting in each case “sows produced and hogs marketed”; and

(b) striking out “November 30” and substituting “Saturday closest to November 30”.

(6) Subsection 10 (4) of the Regulation is amended by striking out “November 30” and substituting “the Saturday closest to November 30”.

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

(7) In this section,

“sow” means a female hog that has given birth to at least one litter of piglets.

8. (1) Subsection 11 (5) of the regulation is amended by striking out “his or her” and substituting “their” and by striking out “he or she is” and substituting “they are”.

(2) Subsection 11 (6) of the regulation is amended by striking out “he or she gives” and substituting “they gave”.

9. Sections 12 to 15 of the Regulation are revoked and the following substituted:

Zone delegate terms

12. (1) Subject to subsection (3), each delegate elected or appointed to a zone council shall hold office for a three-year term.

(2) Elections of zone council delegates shall be held for the five hog producing zones in 2024.

(3) The delegates elected or appointed to zone councils in 2024 shall hold office for the following terms:

1. The delegates to the zone council for Zone 1 shall hold office for a two-year term.

2. The delegates to the zone council for Zone 2 shall hold office for a three-year term.

3. The delegates to the zone council for Zone 3 shall hold office for a one-year term.

4. The delegates to the zone council for Zone 4 shall hold office for a one-year term.

5. The delegates to the zone council for Zone 5 shall hold office for a two-year term.

Zone delegate elections

13. (1) If zone council delegates are to be elected for a zone council, the election of the zone council delegates shall take place in accordance with this section no later than February 28 in the year of a zone council election.

(2) At an election scheduled and held by the local board, producers who are registered as members of an approved association within the zone shall elect the delegate positions allotted under subsection 10 (3) for the association from among eligible individuals.

(3) If the producers who are registered as members of an approved association fail to elect all delegate positions allotted for the association, the producers who are registered as members of any approved association within the hog producing zone shall elect the remaining delegate positions from among eligible individuals at an election scheduled and held by the local board.

(4) For the purposes of subsections (2) and (3), eligibility shall be determined in accordance with section 17.

(5) Each producer who is entitled to vote under subsection (2) or (3) is entitled to two votes which shall be exercised in accordance with the following eligibility criteria:

1. The producer’s first vote shall be exercised by,

i. the producer, if the producer is an individual, or

ii. an individual of at least 18 years of age whom the producer has designated in writing in a form approved by the local board, if the producer is not an individual.

2. The producer’s second vote shall be exercised by an individual whom the producer has designated in writing in a form approved by the local board, who is at least 18 years of age and resides in the producer’s association area and who,

i. is employed by the producer in the production of hogs,

ii. if the producer is an individual, is a spouse, parent, child, grandchild, sibling or child of a sibling of the producer, or

iii. if the producer is not an individual, has an interest in the producer by way of owning shares or a partnership interest in the producer or is a spouse, parent, child, grandchild, sibling or child of a sibling of an individual who has such interest.

(6) If a producer designates an individual to exercise the producer’s first vote under subparagraph 1 ii of subsection (5), the producer shall not designate that individual to exercise the producer’s second vote under paragraph 2 of subsection (5).

(7) Any nomination shall be in a form provided by the local board.

(8) In this section,

“spouse” means,

(a) a spouse as defined in section 1 of the Family Law Act, or

(b) either of two persons who live together in a conjugal relationship outside marriage.

10. (1) Subsection 16 (1) of the Regulation is revoked and the following substituted:

Substitute delegates

(1) The producers who are registered as members of the association may elect, from among themselves, substitute delegates for the purposes of filling vacancies in the zone council or acting for delegates who are temporarily unable to do so themselves.

(2) The English version of subsection 16 (2) of the Regulation is amended by striking out “elected” and substituting “elect”.

(3) Subsection 16 (2) of the Regulation is amended by striking out “section 10” and substituting “subsection 10 (3)”.

(4) Subsection 16 (3) of the Regulation is revoked.

(5) The English versions of subsections 16 (4) and (5) of the Regulation are amended by striking out “his or her” wherever it appears and substituting in each case “their”.

11. Section 17 of the Regulation is revoked and the following substituted:

Eligibility to be nominated or elected as zone council delegate

17. (1) An individual is eligible to be nominated or elected to serve as a delegate or substitute delegate to a zone council for an approved association if they are entitled to exercise a vote under paragraph 1 or 2 of subsection 13 (5).

(2) A producer who is elected as a zone council delegate ceases to be eligible as a delegate if they,

(a) cease to be a producer; or

(b) cease to be eligible under section 11 to register as a member of any approved association within the hog producing zone in which the delegate was elected.

(3) An individual described in subparagraph 1 ii or paragraph 2 of subsection 13 (5) who is elected as a zone council delegate ceases to be eligible as a delegate if,

(a) the producer whom the individual represents ceases to be a producer;

(b) the producer whom the individual represents ceases to be eligible under section 11 to register as a member of any approved association within the hog producing zone in which the delegate was elected;

(c) the producer whom the individual represents notifies the local board and the applicable zone council in writing that it revokes the designation of the individual under subparagraph 1 ii or paragraph 2 of subsection 13 (5), as the case may be; or

(d) in the case of an individual described in paragraph 2 of subsection 13 (5), the individual ceases to meet any requirements set out in that subsection.

(4) A delegate is deemed to have resigned as a delegate if they cease to be eligible as a delegate under subsection (2) or (3).

12. Section 18 of the Regulation is revoked and the following substituted:

Terms of office

18. (1) Subject to subsection (3), each board member elected or appointed to the local board shall hold office for a three-year term.

(2) Election of all local board members shall be held in 2024.

(3) The board members elected by zone councils in 2024 shall hold office for the following terms:

1. For Zone 1, the board member shall hold office for a two-year term.

2. For Zone 2, the board members shall hold office for a three-year term.

3. For Zone 3, the board member shall hold office for a one-year term.

4. For Zone 4, the board member shall hold office for a one-year term.

5. For Zone 5, the board member shall hold office for a two-year term.

(4) The at large board members elected in 2024 shall hold office for the following terms:

1. At large board member 1 shall hold office for a three-year term.

2. At large board member 2 shall hold office for a two-year term.

3. At large board member 3 shall hold office for a one-year term.

(5) The following are the maximum lengths of terms for board members:

1. A board member who did not serve on the local board at any time prior to the new board being constituted in 2024 may be elected to a maximum of four three-year terms.

2. No individual shall serve on the local board for more than 14 years in their lifetime, including years served on the board prior to the new board being constituted in 2024.

(6) A board member’s term begins on the later of,

(a) the day on which the board member is elected or appointed, as the case may be; and

(b) April 1 in the year in which the board member is elected or appointed.

(7) A board member continues to be a board member until the end of their term even if their term of office as a zone council delegate has expired.

13. Subsections 19 (3) to (5) of the Regulation are revoked and the following substituted:

(3) The delegates of the zone council in Zone 2 shall elect one board member that resides in the geographic area of Huron and one board member that resides in the geographic area of Perth.

(4) If the delegates of the zone council in Zone 2 are unable to elect a local board member for either the geographic area of Huron or the geographic area of Perth, the delegates may elect both board members from only one of those geographic areas.

14. Sections 20 and 21 of the Regulation are revoked and the following substituted:

Elections, at large and vacant board positions

20. At the annual meeting of the local board, the delegates from all zone councils shall elect from among themselves,

(a) at large board members; and

(b) board members to fill any vacancies where a zone council has failed to elect a board member under section 19.

Vacancies on local board

21. (1) If the delegates of all zone councils fail to elect any local board members under section 20, the local board shall, by April 30 in the year of an election, appoint registered producers to the remaining board positions.

(2) If a board member is not appointed under subsection (1), the Commission may appoint a registered producer to the position after May 1 in the year of an election.

(3) If a board member representing a zone dies, resigns as a board member or as a zone council delegate, is deemed to have resigned as a zone council delegate under subsection 17 (4) or otherwise becomes unable to act for the remainder of their term, the remaining members of the zone council to which the board member is or was a delegate may, no later than six months after the applicable event, elect from among themselves a replacement to hold office for the remainder of the term.

(4) If the remaining members of the zone council fail to elect a replacement under subsection (3), the local board may do one of the following:

1. Fix a date and place for a meeting of the zone council as soon as practicable for that purpose.

2. Appoint a replacement to hold office for the remainder of the term.

(5) If a replacement board member representing a zone is not elected in an election held under subsection (3) or elected or appointed under subsection (4), the Commission may appoint a replacement to hold office for the remainder of the term.

(6) If an at large board member dies, resigns as a board member or as a zone council delegate, is deemed to have resigned as a zone council delegate under subsection 17 (4) or otherwise becomes unable to act for the remainder of their term, the local board may appoint a replacement to hold office for the remainder of the term.

(7) If a replacement at large board member is not appointed under subsection (6) within six months, the Commission may appoint a replacement to hold office for the remainder of the term.

Commencement

15. 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, Commission / Présidente de la Commission

Douglas reddick

Secretary to the Commission / Secrétaire de la Commission

Date made: September 11, 2023
Pris le : 11 septembre 2023

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

La ministre de l'Agriculture, de l'Alimentation et des Affaires rurales,

Lisa Thompson

Minister of Agriculture, Food and Rural Affairs

Date approved: September 27, 2023
Approuvé le : 27 septembre 2023

 

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