ontario regulation 121/25

made under the

Farm Products Marketing Act

Made: June 9, 2025
Filed: June 19, 2025
Published on e-Laws: June 19, 2025
Published in The Ontario Gazette: July 5, 2025

Amending Reg. 400 of R.R.O. 1990

(BY-LAWS FOR LOCAL BOARDS)

1. Clause 8 (a) of Regulation 400 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

(a)  attend all meetings of the local board and keep true minutes of the meetings;

2. Subsection 10 (2) of the Regulation is amended by striking out “his or her” and substituting “their”.

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

10.1 Every member and officer of a local board, in exercising their powers and discharging their duties to the board shall,

(a)  act honestly and in good faith with a view to the best interests of the local board; and

(b)  exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances.

4. Subsection 11 (6) of the Regulation is amended by striking out “his or her” and substituting “their”.

5. Section 15 of the Regulation is revoked.

6. (1) Subclause 16 (1) (a) (iii) of the Regulation is revoked.

(2) Subsection 16 (1) of the Regulation is amended by adding “and” at the end of clause (a.5), striking out “and” at the end of clause (b) and revoking clause (c).

(3) Subsection 16 (2) of the Regulation is amended by striking out “established under the Farm Products Payments Act” and substituting “established or continued under the Protecting Farmers from Non-Payment Act (Regulating Agricultural Product Dealers and Storage Operators), 2023”.

7. Subsection 17 (2) of the Regulation is revoked and the following substituted:

(2) The auditor shall make a report to the local board on the accounts that have been examined and on every balance sheet put before the local board at a general meeting, and in the report shall state whether, in the auditor’s opinion, the balance sheet referred to in the report shows a true and accurate picture of the state of the board’s affairs as indicated in the books and the treasurer’s statement.

8. Section 18 of the Regulation is revoked and the following substituted:

18. A local board may have a corporate seal, but for greater certainty, is not required to have one.

9. Subsection 19 (5) of the Regulation is revoked and the following substituted:

(5) At every annual meeting referred to in clause (1) (a) and at every annual meeting of delegates referred to in clause (1) (b), the local board shall,

(a)  present the auditor’s report referred to in subsection 17 (2) and the board’s annual statement of operations and annual financial report; and

(b)  announce the appointment of auditors for the next annual meeting.

(6) At every meeting referred to in subsection (5), the local board shall make available to every person attending the meeting a copy of the reports and statements referred to in clause (5) (a). Where electronic copies are provided at an in-person meeting, paper copies shall also be provided upon request.

10. Clause 21 (1) (b) of the Regulation is revoked and the following substituted:

(b)  by publication of a notice in at least one newspaper, magazine or other publication having a general distribution among the producers.

11. (1) Subsection 22 (1) of the Regulation is amended by striking out “his or her” and substituting “their”.

(2) Subsection 22 (2) of the Regulation is amended by,

(a)  striking out “his or her” and substituting “their”; and

(b)  striking out “he or she” wherever it appears and substituting in each case “they”.

Commencement

12. (1) Except as otherwise provide in this section, this Regulation comes into force on the day it is filed.

(2) Subsection 6 (3) comes into force on the later of the day section 120 of Schedule 30 (Protecting Farmers from Non-Payment Act (Regulating Agricultural Product Dealers and Storage Operators), 2023) to the Less Red Tape, Stronger Economy Act, 2023 comes into force and the day this Regulation is filed.

Made by:
Pris par :

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

Ralph Dietrich

Vice-Chair, Ontario Farm Product Marketing Commission/
vice-présidente, la commission de commercialisation des produits agricoles de l’Ontario

Karl Maiterth

Secretary, Ontario Farm Product Marketing Commission/
secretaire, la commission de commercialisation des produits agricoles de l’Ontario

Date made: June 9, 2025
Pris le : 9 juin 2025