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. 126/05

GRAPES FOR PROCESSING — PLAN

Historical version for the period March 22, 2005 to April 26, 2006.

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 eight 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, the Municipality of Chatham-Kent, the City of Hamilton, and the counties of Essex and Prince Edward.

(2) Revoked: O. Reg. 126/05, s. 1 (3).

(3) Revoked: O. Reg. 80/04, s. 1 (5).

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

(2) A producer in an area of Ontario not included in a district mentioned in section 7 may become a member of the district group nearest to the producer’s place of production.

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

10. On or before the 15th day of April in each year, each district group shall elect representatives to The Grape Growers’ Committee on the following basis:

1. Eight producers from District 1.

2. Three producers from District 2.

3. Six producers from District 3.

4. Two producers from the Town of Grimsby, the Township of West Lincoln and the City of Hamilton.

5. One producer from the County of Essex or the Municipality of Chatham-Kent.

6. One producer from the County of Prince Edward.

11. On or before the 30th day of April in each year, The Grape Growers’ Committee shall elect members to the local board on the following basis:

1. Three producers from District 1.

2. One producer from District 2.

3. Two producers from District 3.

4. One producer from District 4.

5. One producer as a member at large from any one of Districts 1 to 4.

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 local 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 local 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 producers 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 for the unexpired term.

(3) Each producer 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; O. Reg. 126/05, s. 1.