R.R.O. 1990, Reg. 436: TOBACCO - PLANSkip to content
Farm Products Marketing Act
R.R.O. 1990, REGULATION 436
TOBACCO — PLAN
Note: This Regulation was revoked on August 14, 2009. See: O. Reg. 306/09, ss. 5, 6.
Last amendment: O. Reg. 306/09.
This is the English version of a bilingual regulation.
1. In this Regulation,
“tobacco” means unmanufactured flue-cured tobacco. O. Reg. 207/09, s. 1.
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. 207/09, s. 1.
3. (1) The local board named “The Ontario Flue-Cured Tobacco Growers’ Marketing Board” is continued. O. Reg. 207/09, s. 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. 207/09, s. 1.
(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. 207/09, s. 1.
(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. 207/09, s. 1.
4. (1) In this section,
“producer” means a person who produces tobacco in Ontario for any purpose, including personal consumption. O. Reg. 207/09, s. 1.
(2) The local board shall be composed of no more than five members appointed by the Commission. O. Reg. 207/09, s. 1.
(3) The Commission shall appoint a chair for the local board from among its members. O. Reg. 207/09, s. 1.
(4) An appointment of a member to the local board is subject to such terms and conditions as the Commission may specify in the appointment. O. Reg. 207/09, s. 1.
(5) The term of a member’s appointment shall not exceed three years. O. Reg. 207/09, s. 1.
(6) If more than one member is appointed to the local board, the Commission shall ensure,
(a) that a majority of the members who are appointed are producers licensed or formerly licensed under the Act to produce tobacco in Ontario; or
(b) where two members are appointed, that at least one of the members is a producer referred to in clause (a). O. Reg. 207/09, s. 1.
(7) The term of every person who is a member of the local board on May 31, 2009 is deemed to have expired at the first instant of June 1, 2009. O. Reg. 207/09, s. 1.
(8) No later than June 16, 2009, the Commission shall appoint at least one member to the local board. O. Reg. 207/09, s. 1.
SCHEDULE Revoked: O. Reg. 207/09, s. 2.