ontario regulation 372/24

made under the

Farm Products Marketing Act

Made: September 5, 2024
Approved: September 25, 2024
Filed: September 27, 2024
Published on e-Laws: September 27, 2024
Published in The Ontario Gazette: October 12, 2024

Amending O. Reg. 123/04

(APPLES — PLAN)

1. The definition of “producer” in section 2 of Ontario Regulation 123/04 is revoked and the following substituted:

“producer” means a person engaged in the production of 10 or more acres of apples.

2. (1) Subsection 5 (3) of the Regulation is amended by striking out “section 9” at the end and substituting “section 10”.

(2) The English version of clause 5 (4) (a) of the Regulation is amended by striking out “he or she” and substituting “the producer”.

(3) The English version of clause 5 (4) (b) of the Regulation is amended by striking out “his or her election to the board, he or she” and substituting “the producer’s election to the board, the producer”.

3. Paragraph 5 of section 6 of the Regulation is revoked and the following substituted:

5. District 5 (Eastern District) comprising the upper-tier municipalities of Durham, Northumberland, Peterborough, Frontenac, Hastings, Lanark, Lennox and Addington, Leeds and Grenville, Prescott and Russell, Renfrew, and Stormont, Dundas and Glengarry and the single-tier municipalities of Kawartha Lakes, Ottawa and Prince Edward.

4. Sections 9 to 12 of the Regulation are revoked and the following substituted:

Term of office

9. (1) Subject to subsection (2), a board member shall hold office for a two-year term.

(2) Board members elected in 2025 shall hold office for the following terms:

1. For District 1,

i. one board member shall be elected for a one-year term that expires in 2026, and

ii. one board member shall be elected for a two-year term that expires in 2027.

2. For District 2,

i. one board member shall be elected for a one-year term that expires in 2026, and

ii. one board member shall be elected for a two-year term that expires in 2027.

3. For District 3,

i. one board member shall be elected for a one-year term that expires in 2026, and

ii. one board member shall be elected for a two-year term that expires in 2027.

4. For District 4,

i. one board member shall be elected for a one-year term that expires in 2026, and

ii. one board member shall be elected for a two-year term that expires in 2027.

5. For District 5,

i. one board member shall be elected for a one-year term that expires in 2026, and

ii. one board member shall be elected for a two-year term that expires in 2027.

(3) A board member’s term of office begins at the beginning of the first meeting of the local board following the meeting described in clause 19 (1) (a) or (b) of Regulation 400 of the Revised Regulations of Ontario, 1990 (By-laws for Local Boards) and ends the second year following the year of their election, immediately before the beginning of the meeting of the local board at which their successor takes office.

Election and eligibility of board members

10. (1) On or before December 31 of each year, the district group members for each district shall elect one member to the local board to replace the board member whose term expires that year.

(2) Despite subsection (1), in 2025, the district group members for each district shall elect two board members in accordance with subsection 9 (2).

(3) A producer who has been elected as a member of the local board for five consecutive two-year terms is not eligible to be elected to the local board until one year after the end of the fifth term.

Vacancies

11. (1) If the district group members for a district fail to elect a member of the local board as required under this Regulation on or before December 31 in a given year, the other members of the local board shall appoint a producer to fill the vacancy.

(2) An appointment under subsection (1) shall be made no earlier than the first board meeting following the election and no later than 60 days after the election.

(3) If, before the expiry of the term of a board member representing a particular district, the board member dies or resigns, the remaining board members may, within 30 days of the death or resignation, appoint a replacement board member from among the district group members from that district to fill the vacancy for the remainder of the term.

(4) If the local board does not appoint a person under subsection (3) within 30 days of the death or resignation of the board member, the Commission may do so.

(5) If a board member is unable to act, the remaining members of the local board may declare the position vacant and appoint a replacement board member to fill the vacancy for the remainder of the term.

(6) A producer who is not eligible to be elected to the local board under subsection 10 (3) is not eligible to be appointed to the local board under this section.

Designation of individuals

12. (1) A producer may designate in writing an individual who may, on behalf of the producer,

(a) vote in an election of the local board;

(b) be elected as a member of the District Apple Producers’ Committee or local board; or

(c) be appointed as a member of a local board to fill a vacancy under section 11.

(2) A producer who designates an individual under subsection (1) may designate only one of the following individuals:

1. An officer or employee 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 5 to 11 and in this section, in the case of a producer who has made a designation under subsection (1), is deemed to be a reference to the individual designated by the producer under subsection (2).

Commencement

5. 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

Chair, Farm Products Mktg Commission/Présidente de la Commission d’Agr de l’Ontario

Scott Duff

Secretary to the Ontario Farm Products Marketing Commission/Secrétaire de la Commission

Date made: September 5, 2024
Pris le : 5 septembre 2024

I approve this Regulation.
J’approuve le présent règlement.

Le ministre de l'Agriculture, de l'Alimentation et de l'Agroentreprise,

Rob Flack

Minister of Agriculture, Food and Agribusiness

Date approved: September 25, 2024
Approuvé le : 25 septembre 2024