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. 80/04

GRAPES FOR PROCESSING — PLAN

Historical version for the period March 31, 2004 to March 21, 2005.

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.

(2) Revoked: O. Reg. 80/04, s. 1 (2).

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 seven 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 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) may become a member of the district group of producers nearest to the producer’s place of production.

(3) Revoked: O. Reg. 80/04, s. 1 (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 as a member at large from any one of Districts 1 to 4.

6. Revoked: O. Reg. 80/04, s. 1 (6).

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 Board 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 Board 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; O. Reg. 80/04, s. 1.