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Farm Products Marketing Act

R.R.O. 1990, REGULATION 436

TOBACCO — PLAN

Historical version for the period May 28, 2009 to May 31, 2009.

Last amendment: O. Reg. 207/09.

This is the English version of a bilingual regulation.

1. The plan in the Schedule is continued for the control and regulation of the producing and marketing within Ontario of tobacco. R.R.O. 1990, Reg. 436, s. 1.

Note: On June 1, 2009, section 1 is revoked and the following substituted:

Definition

1. In this Regulation,

“tobacco” means unmanufactured flue-cured tobacco. O. Reg. 207/09, s. 1.

See: O. Reg. 207/09, ss. 1, 3.

2. The local board named in the Schedule is given the powers set out in subsection 15 (1), in paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 26 of subsection 15 (2) and in sections 50 and 110 of the Co-operative Corporations Act. R.R.O. 1990, Reg. 436, s. 2.

Note: On June 1, 2009, section 2 is revoked and the following substituted:

Plan

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.

See: O. Reg. 207/09, ss. 1, 3.

3. The members of the local board named in the Schedule shall be deemed to be the shareholders and the directors of the local board in the exercise of the powers vested in the local board under section 2. R.R.O. 1990, Reg. 436, s. 3.

Note: On June 1, 2009, section 3 is revoked and the following substituted:

Local board

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.

Composition

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.

See: O. Reg. 207/09, ss. 1, 3.

Note: On June 1, 2009, the Schedule is revoked. See: O. Reg. 207/09, ss. 2, 3.

SCHEDULE
PLAN

Farm Products Marketing Act

1. This plan may be cited as “The Ontario Flue-Cured Tobacco Growers’ Marketing Plan”.

2. In this plan,

“local board” means The Ontario Flue-Cured Tobacco Growers’ Marketing Board; (“commission locale”)

“producer” means a person engaged in the production of tobacco in Ontario for any purpose, including personal consumption; (“producteur”)

“tobacco” means unmanufactured tobacco produced in Ontario and commonly referred to as flue-cured, bright or Virginia tobacco, and includes tobacco purchased or otherwise acquired by and readied for storage and sale by the local board. (“tabac”)

3. (1) In this section,

“basic production quota” means a quota expressed as a specified number of pounds of tobacco fixed and allotted to a person by the local board and derived by the local board from a specified acreage; (“contingent de base relatif à la production”)

“production quota” means a quota expressed as a specified number of pounds of tobacco fixed and allotted to a person by the local board to produce a specified number of pounds of tobacco in a year and derived by the local board from a basic production quota. (“contingent de production”)

(2) For the purpose of electing producer representatives to the local board or The District Flue-Cured Tobacco Growers’ Committee under sections 10 to 12, or for the purpose of being eligible to be a member thereof, a producer is an allottee of a basic production quota of not less than 10,000 pounds who produces tobacco on their own account pursuant to a production quota derived from that basic production quota, allotted for the year in which their qualification under sections 10 to 12 is at issue and who, subject to subsection (3), notifies the local board in writing prior to the 1st day of October in that year of the intention to market on their own account, pursuant to a marketing quota allotted by the local board, not less than the amount of tobacco that may be marketed pursuant to a marketing quota derived from a basic production quota of 10,000 pounds, and,

(a) where the producer is a corporation, the person, if any, designated in writing by the corporation to be the producer, shall be deemed to be the producer;

(b) where the producer is a firm or partnership or one or more persons carrying on the production and marketing under a trade name, farm name or other designation, the person, if any, designated in writing by the firm, partnership or persons to be the producer, shall be deemed to be the producer; and

(c) where the producer is comprised of two or more persons who are joint allottees, the one of such joint allottees who first presents himself or herself to register to vote on behalf of the joint allottees shall be deemed to be the producer.

(3) Where the local board receives an affidavit of a producer, not later than the 1st day of October in any year in which elections are held in that district, that he or she would, but for adverse weather, be able to market the amount of tobacco referred to in subsection (2) but, owing to such adverse weather, will not be so able and where the local board is satisfied as to the truth of the matters stated in the affidavit, the local board may direct that the producer be eligible to elect producer representatives to the local board or The District Flue-Cured Tobacco Growers’ Committee or be elected a member thereof in that year.

4. This plan provides for the control and regulation in any or all respects of the producing and marketing within Ontario of tobacco, including the prohibition of such producing and marketing in whole or in part.

5. There shall be a local board to be known as “The Ontario Flue-Cured Tobacco Growers’ Marketing Board”.

6. The local board shall be composed of eleven members elected or appointed in accordance with sections 10 to 14 who shall hold office until their successors take office under subsection 14 (4).

7. There shall be ten districts determined as follows:

1. District 1, comprising the counties of Essex, Kent, Lambton and Bruce, the townships of Aldborough and Dunwich in the County of Elgin and the County of Middlesex except the Township of North Dorchester.

2. District 2, comprising the County of Brant except the Township of Oakland.

3. District 3, comprising the townships of Malahide, Southwold and Yarmouth in the County of Elgin and that part of the Township of Bayham west of the King’s Highway known as No. 19 and the Township of North Dorchester in the County of Middlesex.

4. District 4, comprising the Township of Oakland in the County of Brant and those parts of The Corporation of Norfolk County consisting of the former Township of Townsend and lots 1 to 12 in concessions 6 to 11 in the former Township of Windham, the counties of Northumberland, Simcoe and Dufferin and those parts of The Regional Municipality of Durham and the counties of Peterborough and Victoria formerly in the County of Durham.

5. District 5, comprising the County of Waterloo and the County of Oxford except lots 16 to 29 in Concession 12 in the Township of South Norwich and the former Township of Dereham.

6. District 6, comprising that part of The Corporation of Norfolk County consisting of the former Township of Windham in the former County of Norfolk except lots 1 to 12 in concessions 6 to 11.

7. District 7, comprising the former Township of Middleton in The Corporation of Norfolk County and the former Township of Dereham and lots 16 to 29 in Concession 12 in the Township of South Norwich in the County of Oxford.

8. District 8, comprising that part of The Corporation of Norfolk County consisting of the former Township of North Walsingham in the former County of Norfolk.

9. District 9, comprising that part of The Corporation of Norfolk County consisting of the former Townships of Houghton and South Walsingham in the former County of Norfolk and that part of the Township of Bayham east of the King’s Highway known as No. 19 in the County of Elgin.

10. District 10, comprising that part of The Corporation of Norfolk County consisting of the former townships of Charlotteville and Woodhouse in the former County of Norfolk.

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

(2) A producer in a territorial district or in a county not included in a district mentioned in section 7 shall become a member of the district group of producers nearest to the producer’s place of production.

9. There shall be a committee in each district to be known as “The District Flue-Cured Tobacco Growers’ Committee” composed of not more than two members elected or appointed in accordance with sections 10 to 14 who shall hold office until their successors take office under subsection 14 (4).

10. (1) On the first Wednesday in October in 1987, 1988 and in every second year thereafter, the members of the group of producers for Districts 1, 3, 5, 7 and 9 shall hold a meeting to nominate producers in those districts for election as a member of the local board and as members of The District Flue-Cured Tobacco Growers’ Committee.

(2) On the first Wednesday in October in 1987 and in every second year thereafter, the members of the group of producers for Districts 2, 4, 6, 8 and 10 shall hold a meeting to nominate producers in those districts for election as a member of the local board and as members of The District Flue-Cured Tobacco Growers’ Committee.

(3) Any producer in the district may nominate one producer in the district for election as a member of the local board.

(4) Any producer in the district may nominate one or more producers in the district, other than a producer nominated under subsection (3), for election as members of The District Flue-Cured Tobacco Growers’ Committee.

(5) When the returning officer is satisfied that nominations under subsections (3) and (4) are complete, he or she shall so declare and, after giving each of the persons nominated an opportunity to decline his or her nomination, shall,

(a) where not more than one person is nominated for election as a member of the local board, declare him or her elected; and

(b) where not more than two persons are nominated for election as members of The District Flue-Cured Tobacco Growers’ Committee, declare them elected.

11. (1) In each district in which the member of the local board and the members of The District Flue-Cured Tobacco Growers’ Committee were not elected by acclamation the local board shall arrange for such polling place or places as the local board determines.

(2) The third Tuesday in October in the year that nominations are held under subsection 10 (1) or (2) is fixed as the day of the election of members of the local board and of The District Flue-Cured Tobacco Growers’ Committee.

(3) The time of voting shall be from 10 a.m. to 8 p.m.

(4) At least seven days before the day for the election, the local board shall give notice in writing to the producers entitled to vote,

(a) of the persons nominated under section 10;

(b) of the day and time of the election; and

(c) of the polling place or places at which the producers may vote.

12. (1) The local board shall appoint a returning officer and such other persons as are required to assist him or her in the nominations and voting and shall furnish ballots as are required.

(2) Voting shall be by secret ballot.

(3) Where the second greatest number of votes for membership in The District Flue-Cured Tobacco Growers’ Committee or the greatest number of votes for membership in the local board are received by more than one person, the local board shall hold such further elections as are necessary to break the tie.

(4) The member of the local board in a district is by virtue of his or her office a member of The District Flue-Cured Tobacco Growers’ Committee for the district.

13. (1) A producer is not eligible to vote for or hold office as a member of the local board or of The District Flue-Cured Tobacco Growers’ Committee in more than one district.

(2) Where a producer is nominated for election as a member of the local board or The District Flue-Cured Tobacco Growers’ Committee in more than one district, he or she shall, at least ten days before the date fixed for the election, notify the secretary of the local board in writing of the district for which he or she will be a candidate as a member of the local board or The District Flue-Cured Tobacco Growers’ Committee.

(3) Where a producer fails to notify the secretary of the local board under subsection (2), the producer is not eligible for election as a member of the local board or The District Flue-Cured Tobacco Growers’ Committee in any district other than the district in which he or she resides.

14. (1) On the Thursday next following the fourth Tuesday in October in each year the members of the local board shall appoint,

(a) the member not required to be elected under procedures in sections 10, 11 and 12; and

(b) such other members not elected under sections 10, 11 and 12 as are required to complete the local board.

(2) Each member appointed under clause (1) (b) shall be a producer in the district for which he or she is appointed.

(3) Where a member of the local board or of The District Flue-Cured Tobacco Growers’ Committee dies, resigns or, except in the case of the member appointed under clause (1) (a), ceases to be a producer in the district for which he or she is elected or appointed, before the expiration of the term of membership, the members of the local board may appoint a person for the unexpired term and, except in the case of a person appointed to replace a member appointed under clause (1) (a), the person shall be a producer from the same district.

(4) Subject to subsection (3), the term of office of each member of the local board and of The District Flue-Cured Tobacco Growers’ Committee shall commence with the Thursday next following the fourth Tuesday in October of the year in which the member is elected or appointed.

R.R.O. 1990, Reg. 436, Sched.; O. Reg. 53/94, s. 1; O. Reg. 60/02, s. 1.