O. Reg. 20/21: TOBACCO - POWERS OF LOCAL BOARD

Français

ontario regulation 20/21

made under the

Farm Products Marketing Act

Made: December 17, 2020
Filed: January 22, 2021
Published on e-Laws: January 22, 2021
Printed in The Ontario Gazette: February 6, 2021

Amending O. Reg. 208/09

(TOBACCO - POWERS OF LOCAL BOARD)

1. The title to Ontario Regulation 208/09 is revoked and the following substituted:

Tobacco - marketing

2. The definition of “producer” in section 1 of the Regulation is revoked and the following substituted:

“producer” means a person who produces tobacco in Ontario and who holds a valid registration certificate as a raw leaf tobacco producer issued under section 2.2 of the Tobacco Tax Act; (“producteur”)

3. The Regulation is amended by adding the following sections:

Powers of local board

3. The Commission delegates to the local board the power,

(a)  to require persons engaged in producing or marketing tobacco to register the business contact information and a description of the business with the local board;

(b)  to require persons engaged in producing or marketing tobacco to furnish such information relating to the producing or marketing of tobacco, including the filing of completed returns, as the local board determines;

(c)  to appoint persons to,

(i)  inspect the books, records, documents, lands and premises and any tobacco of persons engaged in producing or marketing tobacco, and

(ii)  enter on land or premises used for the producing of tobacco and measure the area of land used to produce the tobacco;

(d)  to stimulate, increase and improve the marketing of tobacco by such means as it considers proper;

(e)  to co-operate with a marketing board, local board, marketing commission or marketing agency of Canada, or of any province of Canada, for the purpose of marketing tobacco; and

(f)  to do such acts and make such orders and issue such directions as are necessary to enforce the due observance and carrying out of the provisions of the Act, the regulations and the plan.

Powers of the local board to make regulations

3.1 The Commission delegates to the local board its powers, under subsection 7 (1) of the Act with respect to tobacco, to make regulations,

(a)  providing for the licensing of any or all persons before commencing, or continuing to engage in, the producing or marketing of tobacco;

(b)  prescribing or providing for classes of licences and the imposition of terms and conditions on any class of licence;

(c)  providing that the local board may impose such terms and conditions on a licence as the local board considers proper;

(d)  prohibiting persons from engaging in the producing of tobacco except under the authority of a licence and except in compliance with the terms and conditions of the licence, and prohibiting producers from engaging in the marketing of tobacco except under the authority of a licence and except in compliance with the terms and conditions of the licence;

(e)  providing for the refusal to grant or renew, or the suspension or revocation of, a licence where the applicant or licensee has failed to comply with or has contravened any provision of the Act, the regulations, the plan or any order or direction of the Commission or local board;

(f)  providing for the imposition, amount, disposition and use of penalties where, after a hearing, the local board is of the opinion that the applicant or licensee has failed to comply with or has contravened any term or condition of the licence or any provision of the Act or regulations, the plan or any order or direction of the Commission or local board;

(g)  providing for the fixing, payment and collection of licence fees and their recovery by way of a legal proceeding;

(h)  prescribing the form of licences;

(i)  authorizing the fixing of prompt payment discounts, delayed payment penalties and interest on licence fees owing by any person engaged in the producing or marketing of tobacco.

Commencement

4. This Regulation comes into force on the day it is filed.

Made by:
Pris par :

Ontario Farm Products Marketing Commission:
La Commission de commercialisation des produits agricoles de l’Ontario :

Amy Cronin

FPMC Chair

Brendan McKay

Director

Date made: December 17, 2020
Pris le : 17 décembre 2020

 

Français