R.R.O. 1990, Reg. 415: GRAPES FOR PROCESSING - PLAN

Farm Products Marketing Act
Loi sur la commercialisation des produits agricoles

R.R.O. 1990, REGULATION 415

Amended to O. Reg. 102/03

GRAPES FOR PROCESSING — PLAN

Historical version for the period March 26, 2003 to March 30, 2004.

This Regulation is made in English only.

1. The plan in the Schedule is continued for the control and regulation of the producing and marketing within Ontario of grapes and late harvest juice. O. Reg. 348/00, s. 1.

2. The local board named in the Schedule is given the powers set out in the following provisions of the Co-operative Corporations Act:

1. Subsection 15 (1) (Corporate powers).

2. Subsection 15 (4), with respect only to the power to accept extra-provincial powers and rights.

3. Section 50 (Borrowing powers).

4. Section 110 (Indemnification of directors and officers). O. Reg. 348/00, s. 1.

3. The members of the local board shall be deemed to be the shareholders and the directors thereof in the exercise of any of the powers mentioned in section 2. R.R.O. 1990, Reg. 415, s. 3.

SCHEDULE
PLAN

Farm Products Marketing Act

1. This plan may be cited as the “Ontario Grapes for Processing Plan”.

2. (1) In this plan,

“grapes” means grapes produced in Ontario that are used,

(a) for processing by a processor, or

(b) for producing late harvest juice;

“late harvest juice” means juice that is produced in Ontario by a grape producer from late harvest grapes grown by the producer in Ontario and that is used for processing into ice wine, late harvest wine or other wine, beverage spirits, grape products or juice;

“processing” means,

(a) in relation to grapes, the manufacture of grape products or juice, beverage spirits or wine from grapes and includes bottling, distilling or fermenting or processing with sugar or sulphur dioxide or any other chemical, but does not include the production of late harvest juice,

(b) in relation to late harvest juice, the manufacture of ice wine, late harvest wine or other wine, beverage spirits, grape products or juice from late harvest juice and includes bottling, distilling or fermenting or processing with sugar or sulphur dioxide or any other chemical, but does not include the production of late harvest juice;

“processor” means a person engaged in the business of processing grapes or late harvest juice;

“producer” means a person engaged in the production of grapes or in the production of late harvest juice;

“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) 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. This plan applies to the control and regulation in any or all respects of the producing and marketing within Ontario of grapes and late harvest juice.

4. There shall be a local board to be known as “Grape Growers of Ontario”.

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

6. Members of the local board shall be elected or appointed in accordance with the provisions of this plan and shall hold office until their successors are elected or appointed.

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

1. District 1, consisting of the Town of Niagara-on-the-Lake, in The Regional Municipality of Niagara.

2. District 2, consisting of the City of St. Catharines and the Judicial District of Niagara South, in The Regional Municipality of Niagara.

3. District 3, consisting of the Town of Lincoln, in The Regional Municipality of Niagara.

4. District 4, consisting of the Town of Grimsby and the Township of West Lincoln, in The Regional Municipality of Niagara and The Regional Municipality of Hamilton-Wentworth.

(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.

8. Producers in each of the districts named in section 7 form a district group.

9. There shall be a committee which shall be known as “The Grape Growers’ Committee”.

10. (1) Subject to subsection (2), on or before the 15th day of April in each year each district group shall elect representatives to The Grape Growers’ Committee on the basis of one representative for each thirty producers or fraction thereof.

(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.

11. On or before the 30th day of April in each year, The Grape Growers’ Committee may elect producer-members to the local board from the districts mentioned in section 7 on the following basis:

1. Two producer-members from District 1.

2. One producer-member from District 2.

3. Two producer-members from District 3.

4. One producer-member from District 4.

5. One producer member from District 5.

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

12. (1) If a district group fails to hold a meeting for the purpose mentioned in section 10 on or before the 15th day of April in any year, the Commission shall fix a day as soon as is practicable for that purpose.

(2) If The Grape Growers’ Committee fails to hold a meeting for the purposes mentioned in section 11 on or before the 30th day of April in any year, the Commission shall fix a day as soon as is practicable for that purpose.

13. (1) At its first meeting after the 30th day of April the members elected to the local board shall appoint such producer-members as are necessary to complete the local board.

(2) When a member elected or appointed to the local board dies or resigns before the 30th day of April of the year next following the date of his or her election or appointment, the members of the local board may appoint a producer-member for the unexpired term.

(3) Each producer-member appointed a member to the local board under subsection (1) or (2) shall be a producer in the district for which he or she is appointed.

R.R.O. 1990, Reg. 415, Sched; O. Reg. 348/00, s. 2; O. Reg. 373/02, s. 1; O. Reg. 102/03, s. 1.