O. Reg. 291/19: GREENHOUSE VEGETABLES - PLAN
filed August 26, 2019 under Farm Products Marketing Act, R.S.O. 1990, c. F.9
Skip to contentontario regulation 291/19
made under the
Farm Products Marketing Act
Made: July 18, 2019
Approved: July 29, 2019
Filed: August 26, 2019
Published on e-Laws: August 26, 2019
Printed in The Ontario Gazette: September 14, 2019
Amending Reg. 418 of R.R.O. 1990
(GREENHOUSE VEGETABLES - PLAN)
1. Section 5 of the Schedule to Regulation 418 of the Revised Regulations of Ontario, 1990 is amended by adding the following subsection:
(1.1) Except as permitted by sections 13 and 14, the local board’s 10 voting members shall be composed of five members from each of the districts established by section 6.
2. Paragraph 1 of section 6 of the Schedule to the Regulation is amended by striking out “the geographic areas of Essex, Chatham-Kent and Lambton” at the end and substituting “the geographic area of Essex”.
3. (1) Paragraph 1 of subsection 9 (1) of the Schedule to the Regulation is revoked and the following substituted:
1. A producer is ineligible to be elected or appointed as a member of the local board in either of the following circumstances:
i. The producer has been convicted of any of the following offences in the five years preceding the date of the election or appointment:
A. Any offence under the Safe Food for Canadians Act (Canada) or the Food and Drugs Act (Canada).
B. Any offence under the Criminal Code (Canada) involving fraud.
ii. The local board has imposed a penalty on the producer for failing to comply with, or for contravening, the Act or the regulations in the three years preceding the date of the election or appointment.
(2) Section 9 of the Schedule to the Regulation is amended by adding the following subsection:
(1.1) Despite paragraph 1 of subsection 9 (1), a producer is eligible to be elected or appointed as a member of the local board if the conviction or the imposition of the penalty that would otherwise make the producer ineligible occurred before the day on which subsection 3 (1) of Ontario Regulation 291/19 came into force.
4. Subsection 13 (2) of the Schedule to the Regulation is revoked and the following substituted:
(2) The local board may appoint a producer from the relevant district to fill any vacancies remaining on the local board after the 15th day of November or, in the absence of any producers from the district who are eligible and willing to be appointed, the local board may appoint an eligible producer from the other district.
5. (1) Subsection 14 (1) of the Schedule to the Regulation is amended by adding “from the same district” after “appoint a producer”.
(2) Subsection 14 (2) of the Schedule to the Regulation is amended by adding “from the same district” after “appoint a producer”.
(3) Section 14 of the Schedule to the Regulation is amended by adding the following subsection:
(3) In the absence of any producers from the relevant district who are eligible and willing to be appointed as a board member under this section, the local board or the Commission, as the case may be, may appoint an eligible producer from the other district to fill the vacancy.
6. The Schedule to the Regulation is amended by adding the following section:
15. (1) If a producer is not an individual, the producer shall designate in writing an individual who may, on behalf of the producer, vote in an election of the local board or be elected or appointed to the local board.
(2) A producer who designates an individual under subsection (1) may designate only one of the following individuals:
1. An officer of the producer.
2. In the case of a corporation, a shareholder or director of the corporation.
3. In the case of a partnership, a partner.
4. In the case of a joint venture, a member of the joint venture.
(3) A designation under subsection (1) shall be in a form approved by the local board.
(4) Any reference to a producer in sections 9 to 14 shall, in the case of a producer who is not an individual, be deemed to be a reference to the individual designated by the producer under subsection (1).
Commencement
7. 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 :
Jim Clark
Chair / Président
David Hagarty
Secretary to the Commission / Secrétaire de la Commission
Date made: July 18, 2019
Pris le : 18 juillet 2019
I approve this Regulation.
J’approuve le présent règlement.
Le ministre de l’Agriculture, de l’Alimentation et des Affaires rurales,
Ernie Hardeman
Minister of Agriculture, Food and Rural Affairs
Date approved: July 29, 2019
Approuvé le : 29 juillet 2019