Farm Products Marketing Act - R.R.O. 1990, Reg. 388

Farm Products Marketing Act - R.R.O. 1990, Reg. 388

Farm Products Marketing Act
Loi sur la commercialisation des produits agricoles

R.R.O. 1990, REGULATION 388

Amended to O.Reg. 255/01

APPLES — PLAN

Historical version for the period June 26, 2001 to May 12, 2004.

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 apples. R.R.O. 1990, Reg. 388, 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. 388, s.2.

3.The members of the local board shall be deemed to be the shareholders and directors thereof in the exercise of any of the powers mentioned in section 2. R.R.O. 1990, Reg. 388, s.3.

Schedule
PLAN

Farm Products Marketing Act

1.This plan may be cited as “The Ontario Apple Marketing Plan”.

2.In this plan,

“apples” means apples of every variety produced in Ontario;

“producer” means,

(a)a person who, on October 1 in any year, is the beneficial owner of a property on which apple trees are growing, or

(b)a tenant who, on October 1 in any year, is renting such property.

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

4.The Ontario Apple Marketing Commission, hereinafter known as the Apple Commission, is continued as a local board.

5.The Apple Commission shall be composed of 15 members, 10 of whom shall be producers and 5 non-producers.

6.(1)Members of the Apple Commission shall be elected or appointed in accordance with this plan and shall hold office until August 15 of the year following their election or appointment or until their successors are elected or appointed.

(2)Despite subsection (1), there shall be no election or appointment of members of the Apple Commission in 2001 and the members elected or appointed in 2000 shall continue to hold office until their successors are elected or appointed in accordance with this plan.

7.A member of the Apple Commission is not eligible for further election or appointment to the Apple Commission in any other representative capacity.

8.Producers are divided into five districts as follows:

1.District 1, comprising the regional municipalities of Hamilton-Wentworth, Niagara, Halton and Peel, that part of The Regional Municipality of Haldimand-Norfolk that on March 31, 1974 was the County of Haldimand, the County of Wellington, and the County of York as it existed on December 31, 1970.

2.District 2, comprising The Regional Municipality of Waterloo, that part of The Regional Municipality of Haldimand-Norfolk that on March 31, 1974 was the County of Norfolk, the County of Brant, the counties of Oxford, Perth and Huron and those parts of the counties of Elgin and Middlesex lying east of that part of the King’s Highway known as No. 4.

3.District 3, comprising the counties of Essex, Kent and Lambton and those parts of the counties of Elgin and Middlesex lying west of that part of the King’s Highway known as No. 4.

4.District 4, comprising the counties of Bruce, Dufferin, Grey and Simcoe.

5.District 5, comprising The Regional Municipality of Durham, The Regional Municipality of Ottawa-Carleton, the counties of Northumberland, Peterborough, Victoria, Frontenac, Hastings, Lanark, Lennox and Addington, Prince Edward and Renfrew and the United Counties of Stormont, Dundas and Glengarry, the United Counties of Leeds and Grenville and the United Counties of Prescott and Russell.

9.(1)The producers in each district mentioned in section 8 form a district group of producers.

(2)A producer in the County of Haliburton or in a territorial district not included in a district mentioned in section 8 may become a member of the district group of producers nearest his or her place of production.

10.There shall be a committee of six producer-members in each district to be known as the “District Apple Producers’ Committee”.

11.(1)On or before August 10 in each year, producers in each district shall elect from their members representatives to the District Apple Producers’ Committee.

(2)Despite subsection (1), there shall be no election of representatives to the District Apple Producers’ Committee in 2001 and the representatives elected in 2000 shall continue to hold office until their successors are elected under that subsection.

12.(1)On or before August 15 in each year, producers in each district shall elect two members to the Apple Commission from among their representatives to the District Apple Producers’ Committee.

(1.1)Despite subsection (1), there shall be no election of members to the Apple Commission in 2001 and the members elected in 2000 shall continue to hold office until their successors are elected under that subsection.

(2)No producer is eligible for election to the Apple Commission who,

(a)has not been elected a representative to the District Apple Producers’ Committee in the same year as that in which his or her term commences as a member of the Apple Commission; or

(b)is in default of payment of any money owing to the Apple Commission.

(3)No producer is eligible for election in a district to the Apple Commission unless he or she resides within the district.

13.(1)On or before August 15 in each year, the Commission shall appoint five members to the Apple Commission who are not producers.

(1.1)Despite subsection (1), there shall be no appointment of members to the Apple Commission in 2001 and the members appointed under that subsection in 2000 shall continue to hold office until their successors are appointed under that subsection.

(2)The Commission may appoint an alternate member to act in place of a member appointed under subsection (1) where the member is unable, for any reason, to carry out his or her duties as a member of the Apple Commission.

(3)If the Commission appoints an alternate member, he or she shall be appointed as the alternate for a specific member and may only act in place of that member.

14.If the producers in any district do not elect a member to the Apple Commission in accordance with subsection 12 (1), the Apple Commission shall appoint such producer-members as are necessary to complete the Apple Commission at its first meeting after August 15.

15.(1)If a member who has been elected, or who has been appointed by the Apple Commission, dies or resigns before his or her term expires, the Apple Commission may appoint a person to fill the vacancy for the unexpired term in accordance with section 5.

(2)If the Apple Commission does not appoint a person under subsection (1) within 30 days after the death or resignation, the Commission may do so.

(3)If a member appointed by the Commission dies or resigns before his or her term expires, the Commission may, within 30 days of the death or resignation, fill the vacancy for the unexpired term in accordance with section 5.

16.A member who serves as chair of the Apple Commission for five consecutive years may not serve again as chair, or as vice-chair, until two years have elapsed since the end of the five-year period.

O.Reg. 256/98, s.1; O.Reg. 491/98, s.1; O.Reg. 255/01, s.1.

Note: Despite the coming into force of Ontario Regulation 256/98, persons who, on May 28, 1998, are members of the Apple Commission remain in office until their successors are elected or appointed in accordance with this Regulation, as amended by Ontario Regulation 256/98. O.Reg. 256/98, s.2.

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