R.R.O. 1990, Reg. 439: TURKEYS - PLAN

Farm Products Marketing Act
Loi sur la commercialisation des produits agricoles

R.R.O. 1990, REGULATION 439

Amended to O. Reg. 356/01

TURKEYS — PLAN

Historical version for the period September 10, 2001 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 turkeys. R.R.O. 1990, Reg. 439, s. 1; O. Reg. 89/92, s. 1.

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. 439, s. 2.

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. 439, s. 3.

SCHEDULE
PLAN

Farm Products Marketing Act

1. This plan may be cited as “The Ontario Turkey Producers’ Marketing Plan”.

2. In this plan,

“dealer” means a person, other than a processor, who buys or receives turkeys from a producer;

“processing” means the slaughtering of turkeys;

“processor” means a person engaged in the slaughtering of turkeys;

“producer” means a person engaged in the production of turkeys;

“turkey” means a turkey or any class or part thereof.

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

4. There shall be a local board to be known as “The Ontario Turkey Producers’ Marketing Board”.

5. The local board shall be composed of seven members, as follows:

1. Two members from each of Districts 1, 2 and 3.

2. One member from District 4.

6. The 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. Producers are divided into four districts, as follows:

1. District 1, comprising the counties of Essex, Kent, Lambton, Middlesex, Elgin and Oxford.

2. District 2, comprising the County of Brant, the City of Hamilton, The Corporation of Haldimand County, The Corporation of Norfolk County and The Regional Municipality of Niagara.

3. District 3, comprising the counties of Wellington, Perth and Huron and The Regional Municipality of Waterloo.

4. District 4, comprising those parts of Ontario not included in Districts 1, 2 and 3.

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

9. (1) There shall be a committee of not fewer than four members in each district to be known as the “District Turkey Producers’ Committee”.

(2) Subject to subsection (1), the number of members on a committee is determined on the basis of one member for every five producers or part of five in the district on August 1 in the year in which the election is held.

10. (1) On or before October 1, 2001 and in every second year after that, the producers in District 1 shall elect, from amongst themselves, their representatives to their committee and to the local board, to hold office for two years from October 1.

(2) The incumbent member of the local board from District 4, as that district was constituted on the day before this Regulation comes into force, shall continue to hold office as the member of the local board for District 2 until September 30, 2002.

(3) The incumbent member of the local board from District 5, as that district was constituted on the day before this Regulation comes into force, shall hold office as the member of the local board for District 2 until September 30, 2002.

(4) On or before October 1, 2002 and in every second year after that, the producers in District 2 shall elect, from amongst themselves, their representatives to their committee and to the local board, to hold office for two years from October 1.

(5) On or before October 1, 2001, the producers in District 3 shall elect, from amongst themselves, their representatives to their committee and one member to the local board, to hold office until September 30, 2003.

(6) The incumbent member of the local board from District 6, as that district was constituted on the day before this Regulation comes into force, shall continue to hold office as the other member of the local board for District 3 until September 30, 2003.

(7) On or before October 1, 2003 and in every second year after that, the producers in District 3 shall elect, from amongst themselves, their representatives to their committee and to the local board, to hold office for two years from October 1.

(8) The incumbent member of the local board from District 7, as that district was constituted on the day before this Regulation comes into force, shall hold office as the member of the local board for District 4 until September 30, 2002.

(9) On or before October 1, 2002 and in every second year after that, the producers in District 4 shall elect, from amongst themselves, their representatives to their committee and to the local board, to hold office for two years from October 1.

(10) No person is eligible for election from any district to the local board unless the person’s mailing address is within the district.

11. (1) Where the producers in any district fail to elect a representative to the local board in accordance with the provisions of section 10, the members of the local board shall, at its first meeting after the 1st day of October, 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 his or her term has expired, the members of the local board may appoint a producer-member for the unexpired term.

(3) Each producer-member appointed as a member to the local board under subsection (1) or (2) shall be a producer whose mailing address is within the district for which the producer is appointed.

(4) Where the members of the local board fail to appoint a person for the unexpired term of a member under subsection (2) within seven days from the death or resignation of the member, the Commission may appoint a person for the unexpired term.

R.R.O. 1990, Reg. 439, Sched.; O. Reg. 89/92, s. 2; O. Reg. 421/96, s. 1; O. Reg. 56/97, ss. 1-3; O. Reg. 203/97, s. 1; O. Reg. 356/01, s. 1.