O. Reg. 208/09: TOBACCO - POWERS OF LOCAL BOARD
under Farm Products Marketing Act, R.S.O. 1990, c. F.9
Skip to content| current | April 19, 2021 – (e-Laws currency date) |
| January 22, 2021 – April 18, 2021 | |
| July 27, 2015 – January 21, 2021 | |
| June 1, 2009 – July 26, 2015 | |
| May 28, 2009 – May 31, 2009 |
Farm Products Marketing Act
tobacco — powers of local board
Historical version for the period July 27, 2015 to January 21, 2021.
Last amendment: 236/15.
Legislative History: 236/15.
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 for any purpose, including personal consumption; (“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.
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.
3. Revoked: O. Reg. 236/15, s. 2.
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.