TENDER FRUIT - PLAN

1. The plan in the Schedule is continued for the regulation and control of the producing and marketing within Ontario of tender fruit. R.R.O. 1990, Reg. 434, s. 1; O. Reg. 355/15, s. 1. 2., 3. Revoked: O. Reg. 302/13, s. 1. Schedule PLAN Farm Products Marketing Act 1. This plan may be cited as the “Ontario Tender Fruit Growers’ Marketing Plan”. 2. In this plan, “geographic area” means a geographic area under the Territorial Division Act, 2002; (“zone géographique”) “producer” means a person engaged in the production of tender fruit; (“producteur”) “tender fruit” means apricots, nectarines, peaches, pears, plums, sour cherries and sweet cherries produced in Ontario. (“fruit tendre”) 2.1 Producers of nectarines are exempt from this Regulation if all of the nectarines they produce are sold for processing. 3. This plan provides for the control and regulation in any or all respects of the producing and marketing within Ontario of tender fruit, including the prohibition of such producing or marketing in whole or in part. 4. (1) There shall be a local board to be known as the “Ontario Tender Fruit Growers” in English and “Producteurs de fruits tendres de l’Ontario” in French. (2) The local board has the authority, and shall exercise the powers and perform the duties, (a) that the Commission delegates to it under the Act; and (b) that are given or assigned to it by this Regulation and by any other applicable regulation. (3) The local board has the following powers: 1. The local board has such powers of a natural person as are necessary for the local board to exercise its other powers and perform its duties under the Act or any other Act of Ontario or Canada, subject to any limitations set out in this Regulation or any other regulation that applies to the local board. 2. The local board may accept extra-provincial powers and rights. 3. Where authorized by by-law, and subject to Regulation 400 of the Revised Regulations of Ontario, 1990 (By-laws for Local Boards) made under the Act, the local board may, i. borrow money on the credit of the local board, ii. issue, sell or pledge debt obligations of the local board, or iii. charge, mortgage, hypothecate or pledge all or any currently owned or subsequently acquired real or personal movable or immovable property of the local board, including book debts, rights, powers, franchises and undertakings, to secure any debt obligations or any money borrowed or other debt or liability of the local board. (4) The local board shall not, (a) establish or acquire a controlling interest in a corporation or other entity; (b) exercise its power and perform its duties, or purport to do so, through a corporation or other entity; or (c) indemnify or agree to indemnify any person in relation to any action or other proceeding except as permitted by Regulation 400 of the Revised Regulations of Ontario, 1990. 5. The local board shall be composed of nine members who shall hold office until their successors are elected or appointed. 6. (1) For the purposes of elections to the District Tender Fruit Producers’ Committees under section 8 and to the local board under section 9, the following tender fruit growing districts are established: 1. District 1A, composed of the lower-tier municipalities of Niagara-on-the-Lake and St. Catharines in the geographic area of Niagara. 2. District 1B, composed of the lower-tier municipalities of Grimsby, Lincoln and West Lincoln in the geographic area of Niagara and the geographic areas of Halton, Hamilton and Peel. 3. District 2, composed of the lower-tier municipalities of Fort Erie, Niagara Falls, Pelham, Port Colborne, Thorold, Wainfleet and Welland in the geographic area of Niagara. 4. District 3, composed of the geographic area of Essex. 5. District 4, composed of the geographic areas of Chatham-Kent and Lambton. 6. District 5, composed of the geographic areas of Brant, Elgin, Haldimand and Norfolk. (2) A producer whose place of production is located in a district mentioned in subsection (1) is eligible to vote in respect of that district. (3) If a producer produces tender fruit in more than one district, the following rules apply: 1. The producer is eligible to vote in respect of only one district. 2. The producer shall designate the district in respect of which the producer intends to vote by filing a designation with the local board at least four weeks before the annual meeting of producers. 3. The designation shall be in a form provided by the local board. 4. A producer may change districts by filing a further designation with the local board, but the designation is not valid in respect of an election unless the designation is filed in accordance with the timeline described in paragraph 2. (4) A producer whose place of production is not located in a district mentioned in subsection (1) is eligible to vote in respect of the district nearest to his or her place of production. 7. There shall be a committee in each district to be called the “District Tender Fruit Producer’s Committee”. 8. On or before April 15 in each year, the producers in each district shall elect two representatives to its committee and, in the case of a district with more than 20 producers, shall elect one additional representative for every 20 producers, or part thereof, that exceed the 20. 9. On or before April 30 in each year, the committees shall elect members to the local board as follows: 1. A combined total of five members shall be elected from the representatives of the committees of Districts 1A and 1B. 2. One member shall be elected from the representatives of each of the committees of Districts 2 to 5. 10. (1) At its first meeting after the elections the local board shall appoint such producers as are necessary to complete the local board. (2) The members of the local board may at any time appoint a producer to fill a vacancy in the local board. 11. Any person elected as a member of the local board under section 9 must be eligible to vote in respect of the district for which he or she is elected. R.R.O. 1990, Reg. 434, Sched.; O. Reg. 94/97, s. 1, 2; O. Reg. 422/99, s. 1; O. Reg. 409/09, s. 1; O. Reg. 170/10, s. 1, 2; O. Reg. 302/13, s. 2; O. Reg. 9/15, s. 1, 2; O. Reg. 355/15, s. 2, 3.