O. Reg. 383/17: BERRIES - PLAN

Farm Products Marketing Act

ONTARIO REGULATION 383/17

BERRIES - PLAN

Historical version for the period October 11, 2017 to October 31, 2017.

Note: THIS REGULATION IS NOT YET IN FORCE. It comes into force on November 1, 2017. (See: O. Reg. 383/17, s. 16)

No amendments.

This is the English version of a bilingual regulation.

CONTENTS

 

General

Definitions

1. In this Regulation,

“berries” means blueberries, raspberries or strawberries produced in Ontario; (“petits fruits”)

“local board” means the local board known as the Berry Growers of Ontario established in subsection 3 (1); (“commission locale”)

“producer” means a person engaged in the production of two or more acres of berries. (“producteur”)

Plan

2. This Regulation sets out the plan for the control and regulation of producing and marketing of berries produced by a managed production system in Ontario.

Local Board

Local board

3. (1) A local board is established under the name “Berry Growers of Ontario” in English and “Producteurs de petits fruits de l’Ontario” in French.

(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 by this Regulation and by any other applicable regulation.

(3) The local board has the following powers:

1. The local board has such powers of a natural person as are necessary for the local board to exercise its other powers and perform its duties under the Act or any other Act of Ontario or Canada, subject to any limitations set out in this Regulation or any other applicable regulation.

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.

(4) The local board shall not,

(a) establish or acquire a controlling interest in a corporation or other entity;

(b) exercise its powers and perform its duties, or purport to do so, through a corporation or other entity; or

(c) indemnify or agree to indemnify any person in relation to any action or other proceeding except as permitted by Regulation 400 of the Revised Regulations of Ontario, 1990.

Meetings

4. (1) Despite subsection 19 (1) of Regulation 400 of the Revised Regulations of Ontario, 1990 (By-laws for Local Boards) made under the Act, beginning in 2018, the local board shall  hold one annual meeting of producers to be held after February 1 and on or before March 15 in each year.

(2) Despite section 3 of Regulation 400 of the Revised Regulations of Ontario, 1990, the first meeting of the local board after an election shall be held on or before March 31 in the year of the election.

Local Board Composition and Elections

Local board composition

5. The local board shall be composed of nine members, all of whom shall be producers.

Election of local board

6. (1) The members of the local board shall be elected to the local board by producers from among themselves as follows:

1. The blueberry producers shall elect three members from among the blueberry producers.

2. The raspberry producers shall elect three members from among the raspberry producers.

3. The strawberry producers shall elect three members from among the strawberry producers.

(2) Every year at the annual meeting referred to in subsection 4 (1), three producers shall be elected as members to the local board to replace the members whose term expires that year.

Term of office

7. (1) A member of the local board shall hold office for a term of three years.

(2) A member’s term of office begins at the beginning of the first meeting of the local board held in accordance with subsection 4 (2) after the member is elected and ends in the third year following the year of his or her election, immediately before the beginning of the meeting at which his or her successor takes office.

Local board appointment in 2017

8. (1) Despite sections 6 and 7, the first local board shall be constituted in accordance with this section.

(2) Within 21 days after the day this Regulation comes into force, the Commission shall appoint nine individuals to sit as members of the local board beginning on the day of the appointment and ending on the day in 2018 when the members elected to the local board under section 9 take office.

(3) The Commission shall appoint three blueberry producers, three raspberry producers and three strawberry producers to the first local board.

(4) Despite subsection (3), if three producers of each type of berry are not available to be appointed, the Commission may fill any remaining positions by appointing any producer.

Election of local board in 2018

9. (1) At the annual meeting of the producers held in 2018, the producers shall elect nine members to the local board from among themselves.

(2) Despite subsection 7 (1), the members elected at the annual meeting of producers in 2018 shall hold office for the following terms:

1. A total of three producers (one blueberry producer, one raspberry producer and one strawberry producer) shall be elected for a one-year term that expires in 2019.

2. A total of three producers (one blueberry producer, one raspberry producer and one strawberry producer) shall be elected for a two-year term that expires in 2020.

3. A total of three producers (one blueberry producer, one raspberry producer and one strawberry producer) shall be elected for a three-year term that expires in 2021.

(3) Despite subsection 7 (2), the term of office of a member elected in 2018 shall,

(a) begin at the beginning of the first meeting of the local board held in accordance with subsection 4 (2) after the member is elected; and

(b) end in the first, second or third year following his or her election, as the case may be, immediately before the beginning of the meeting at which his or her successor takes office.

Chair

10. The 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) shall hold office for a term of one year and may be re-elected for subsequent terms.

Eligibility

11. (1) A producer who has been elected as a member of the local board for two consecutive three-year terms is not eligible to be elected to the local board until one year after the end of the second term.

(2) A producer who produces more than one type of berry is eligible to be elected to the local board to represent producers of a type of berry the producer produces, but the producer shall not hold more than one seat on the local board at the same time.

(3) For greater clarity, subsection (1) applies regardless of the type of berry a producer represented during the producer’s terms.

Same, voting

12. A producer who produces more than one type of berry may vote in any election in which members are elected from among the producers of the types of berry that the producer produces.

Vacancies

13. (1) If the producers fail to elect a member to the local board as required under this Regulation at an annual meeting, the other members of the local board shall appoint a producer to fill the vacancy.

(2) An appointment under subsection (1) shall be made no earlier than the first board meeting following the election and no later than 60 days after the election.

(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 60 days after the applicable event, appoint a producer to fill the vacancy for the remainder of the term.

(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.

(5) If a board member appointed by the Commission under subsection 8 (2) dies, resigns, ceases to be a producer or otherwise becomes unable to act, the Commission may appoint a producer to fill the vacancy for the remainder of the term.

(6) A producer who is not eligible to be elected to the local board under section 11 is not eligible to be appointed to the local board under this section.

(7) Where a vacancy is to be filled under this section, a producer who produces the same type of berry as the member whose vacancy is to be filled shall be appointed.

(8) Despite subsection (7), if no producer who produces the same type of berry as the member whose vacancy is being filled is available to be appointed, the local board or the Commission, as the case may be, may fill the position by appointing any producer.

Producers who are not individuals

14. (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 13.

(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.

(3) A designation under subsection (1) shall be in a form approved by the local board.

(4) Any reference to a producer in sections 5 to 13 and in this section, in the case of a producer who is not an individual, is deemed to be a reference to the individual designated by the producer under subsection (2).

Review

Review

15. (1) The local board shall conduct a review of the board composition and election rules no later than five years after this Regulation comes into force.

(2) During the review, the local board shall consider whether to request that the Commission change the composition and election rules of the local board.

16. Omitted (provides for coming into force of provisions of this Regulation).