O. Reg. 306/09: TOBACCO - PLAN

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Farm Products Marketing Act

ONTARIO REGULATION 306/09

Tobacco — Plan

Consolidation Period: From January 22, 2021 to the e-Laws currency date.

Last amendment: 19/21.

Legislative History: 19/21.

This is the English version of a bilingual regulation.

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”) O. Reg. 19/21, s. 1.

Plan

2. This Regulation sets out the plan for the control and regulation in any or all aspects of the producing and marketing of tobacco within Ontario.  O. Reg. 306/09, s. 2.

Local board

3. (1) The local board named “The Ontario Flue-Cured Tobacco Growers’ Marketing Board” is continued.  O. Reg. 306/09, s. 3 (1).

(2) The local board has the authority, and shall exercise the powers and perform the duties,

(a)  that the Commission delegates to it under the Act; and

(b)  that are given or assigned to it by the regulations.  O. Reg. 306/09, s. 3 (2).

(3) The local board has the following powers that are vested in a co-operative corporation under the Co-operative Corporations Act:

1.  Subject to any limitations set out in the regulations, the local board has the powers of a natural person, except that it,

i.  shall not commence a civil proceeding without the Commission’s prior written consent,

ii.  shall not establish a corporation or other entity, and

iii.  shall not indemnify or agree to indemnify any person in relation to any action or other proceeding, other than an action or other proceeding that is brought or commenced in respect of a matter to which subsection 3 (6) of the Act applies.

2.  The local board may accept extra-provincial powers and rights.

3.  Where authorized by by-law, and subject to Regulation 400 of the Revised Regulations of Ontario, 1990 (By-laws for Local Boards) made under the Act, the local board may,

i.  borrow money on the credit of the local board,

ii.  issue, sell or pledge debt obligations of the local board, or

iii.  charge, mortgage, hypothecate or pledge all or any currently owned or subsequently acquired real or personal movable or immovable property of the local board, including book debts, rights, powers, franchises and undertakings, to secure any debt obligations or any money borrowed or other debt or liability of the local board.  O. Reg. 306/09, s. 3 (3); O. Reg. 19/21, s. 2.

(4) If the local board has debt of any kind in excess of $500,000, the local board shall not exercise a power referred to in paragraph 3 of subsection (3) without the Commission’s prior written consent.  O. Reg. 306/09, s. 3 (4).

Composition

4. The local board shall be composed of five members, all of whom shall be producers. O. Reg. 19/21, s. 3.

Election

5. (1) The members of the local board shall be elected to the local board by producers from among themselves. O. Reg. 19/21, s. 3.

(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. O. Reg. 19/21, s. 3.

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). O. Reg. 19/21, s. 3.

(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. O. Reg. 19/21, s. 3.

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. O. Reg. 19/21, s. 3.

(2) A producer shall not hold office for more than four consecutive terms, subject to subsections (3) and 9 (5). O. Reg. 19/21, s. 3.

(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. O. Reg. 19/21, s. 3.

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. O. Reg. 19/21, s. 3.

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. O. Reg. 19/21, s. 3.

(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. O. Reg. 19/21, s. 3.

(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. O. Reg. 19/21, s. 3.

(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. O. Reg. 19/21, s. 3.

(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). O. Reg. 19/21, s. 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. O. Reg. 19/21, s. 3.

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. O. Reg. 19/21, s. 3.

(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. O. Reg. 19/21, s. 3.

(3) A designation under subsection (1) shall be in a form approved by the local board. O. Reg. 19/21, s. 3.

(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. O. Reg. 19/21, s. 3.

 

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