BEANS - PLAN

CONTENTS General 1. Definitions 2. Plan Bean Producing Districts 3. Bean producing districts Local Board 4. Local board 5. Meetings Local Board Composition 6. Local board composition in 2013 7. Local board composition in 2014 8. Local board composition in 2015 and subsequent years Elections to the Local Board and to District Bean Committees 9. Producers who are not individuals 10. Eligibility 11. Vacancies 12. District Bean Committees White Pea Bean Producers’ Special Reserve Fund 13. White Pea Bean Producers’ Special Reserve Fund Transition 14. Dissolution of Ontario Bean Producers’ Marketing Board General Definitions 1. In this Regulation, “beans” means beans produced in Ontario of the species phaseolus vulgaris, vigna angularis or vigna radiata, and includes adzuki beans, black turtle beans, cranberry beans, dark red kidney beans, Dutch brown beans, great northern beans, kintoki beans, light red kidney beans, mung beans, otebo beans, pinto beans, small red beans, white kidney beans, white pea beans and yellow eye beans; (“haricots”) “district” means a bean producing district established by section 3; (“district”) “geographic area” means a geographic area under the Territorial Division Act, 2002; (“zone géographique”) “local board” means the local board known as Ontario Bean Growers established under subsection 4 (1); (“commission locale”) “producer” means a person engaged in the production of beans. (“producteur”) O. Reg. 162/13, s. 1. Plan 2. This Regulation sets out the plan for the control and regulation of the producing and marketing of beans in Ontario. O. Reg. 162/13, s. 2. Bean Producing Districts Bean producing districts 3. For the purposes of elections and appointments to the local board under sections 7, 8, 10 and 11 and elections to the District Bean Committees under section 12, the following bean producing districts are established: 1. District 1, composed of the geographic areas of Brant, Chatham-Kent, Elgin, Essex, Haldimand, Hamilton, Lambton, Middlesex, Niagara, Norfolk and Oxford. 2. District 2, composed of the geographic areas of Bruce and Huron. 3. District 3, composed of the geographic areas of Perth, Waterloo and Wellington and all other geographic areas not included in paragraph 1 or 2. O. Reg. 162/13, s. 3. Local Board Local board 4. (1) A local board is established under the name “Ontario Bean Growers” in English and “Producteurs de haricots de l’Ontario” in French. O. Reg. 162/13, s. 4 (1). (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. O. Reg. 162/13, s. 4 (2). (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. O. Reg. 162/13, s. 4 (3). (4) The local board shall not, (a) establish or acquire a controlling interest in a corporation or other entity; (b) exercise its powers 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. O. Reg. 162/13, s. 4 (4). Meetings 5. (1) Despite subsection 19 (1) of Regulation 400 of the Revised Regulations of Ontario 1990 (By-laws for Local Boards)made under the Act, beginning in 2014 the local board shall hold one annual meeting of producers to be held after February 15 and on or before March 15 in each year. O. Reg. 162/13, s. 5 (1). (2) Despite section 3 of Regulation 400 of the Revised Regulations of Ontario, 1990, the first meeting of the local board after an election shall be held on or before March 16 in the year of the election. O. Reg. 162/13, s. 5 (2). Local Board Composition Local board composition in 2013 6. Within three days after this Regulation comes into force, the Commission shall appoint no more than seven individuals as members of the local board to hold office until the members of the local board constituted in accordance with section 7 take office. O. Reg. 162/13, s. 6. Local board composition in 2014 7. (1) The local board constituted in 2014 shall be composed of the following seven members: 1. Four members appointed by the Commission. 2. One member elected from each of the three districts established under section 3. O. Reg. 162/13, s. 7 (1). (2) After February 2, 2014 and on or before March 15, 2014, the Commission shall appoint four individuals as board members. O. Reg. 162/13, s. 7 (2). (3) At the local board’s annual meeting in 2014, (a) the producers from District 1 shall elect a board member from among themselves; (b) the producers from District 2 shall elect a board member from among themselves; and (c) the producers from District 3 shall elect a board member from among themselves. O. Reg. 162/13, s. 7 (3). (4) The term of a board member appointed or elected under this section shall begin at the beginning of the first local board meeting after the board is constituted. O. Reg. 162/13, s. 7 (4). (5) The four board members appointed by the Commission shall hold office until the four new board members take office following the elections in 2015 in accordance with section 8. O. Reg. 162/13, s. 7 (5). (6) The three board members elected by producers shall hold office until their successors take office following the elections in 2016 in accordance with section 8. O. Reg. 162/13, s. 7 (6). Local board composition in 2015 and subsequent years 8. (1) Beginning with the election of members in 2015, the local board shall be composed of the following seven members, all of whom shall be producers: 1. Two members elected from each of the three districts established under section 3. 2. One member at large. O. Reg. 162/13, s. 8 (1). (2) At the local board’s annual meeting in 2015 and every second year thereafter, four producers shall be elected to the local board as follows: 1. The producers from District 1 shall elect a board member from among themselves. 2. The producers from District 2 shall elect a board member from among themselves. 3. The producers from District 3 shall elect a board member from among themselves. 4. The producers from all three districts shall elect one member at large. O. Reg. 162/13, s. 8 (2). (3) At the local board’s annual meeting in 2016 and every second year thereafter, three producers shall be elected to the local board as follows: 1. The producers from District 1 shall elect a board member from among themselves. 2. The producers from District 2 shall elect a board member from among themselves. 3. The producers from District 3 shall elect a board member from among themselves. O. Reg. 162/13, s. 8 (3). (4) The term of a board member elected in 2015 or subsequent years shall begin at the beginning of the first local board meeting after the member’s election and shall end at the beginning of the first board meeting that takes place after elections to the local board are held in the second year following the member’s election. O. Reg. 162/13, s. 8 (4). Elections to the Local Board and to District Bean Committees Producers who are not individuals 9. (1) A producer who is not an individual shall designate an individual who may, on behalf of the producer, (a) vote in an election of producers to the local board or to the District Bean Committee; (b) be elected to the local board or to the District Bean Committee; and (c) be appointed to fill a vacancy on the local board under subsection 11 (1), (3), (4) or (6). O. Reg. 162/13, s. 9 (1). (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. If the producer is a corporation, a shareholder or director of the corporation. 3. If the producer is a partnership, a partner. O. Reg. 162/13, s. 9 (2). (3) A designation under subsection (1) shall be in a form approved by the local board. O. Reg. 162/13, s. 9 (3). (4) A designation may be filed at any time before an election and is valid until the earlier of the day, (a) the producer files a new designation; or (b) the producer ceases to be a producer. O. Reg. 162/13, s. 9 (4). (5) If a producer who is not an individual does not file a designation with the local board under this section, the producer is not eligible for the purposes of subsection 7 (3), section 8 or 10, subsections 11 (1), (3), (4) or (6) or section 12. O. Reg. 162/13, s. 9 (5). Eligibility 10. (1) Subject to subsection (2), a producer who produces beans in a district is eligible to, (a) vote in an election of producers from the district to the local board or to the District Bean Committee; (b) be elected to the local board as a member from the district or to the District Bean Committee; and (c) be appointed to fill a vacancy on the local board as a member from the district or as a member at large under subsection 11 (1), (3) or (4). O. Reg. 162/13, s. 10 (1). (2) If a producer produces beans 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 six weeks before the annual meeting of producers. 3. The designation shall be in a form provided by the local board. 4. A producer is eligible to vote, stand for election or be appointed as a board member only in respect of the district the producer designates under paragraph 2. 5. A designation is not valid unless, i. in respect of an election to the local board, the designation is filed at least six weeks before the annual meeting of producers, ii. in respect of an appointment to fill a vacancy on the local board under section 11, the designation is filed before the appointment is made, iii. in respect of an election to a District Bean Committee other than at a special meeting held under subsection 12 (7), the designation is filed at least six weeks before the annual meeting of producers, and iv. in respect of an election to a District Bean Committee at a special meeting held under subsection 12 (7), the designation is filed before the election. 6. 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 or an appointment unless the designation is filed in accordance with the applicable timeline described in paragraph 5. O. Reg. 162/13, s. 10 (2). (3) No individual shall hold more than one seat on the local board at the same time. O. Reg. 162/13, s. 10 (3). (4) No individual shall be a member of the local board and a member of a District Bean Committee at the same time. O. Reg. 162/13, s. 10 (4). (5) Subject to subsection (6), an individual is not eligible to be elected or appointed as a member of the local board if, on the day of the election or appointment, (a) the individual has served for more than twelve years in total as a member of the local board; or (b) the individual has served for more than fifteen years in total as any one or more of the following: (i) a member of the local board, (ii) a member of the Ontario Bean Producers’ Marketing Board, or (iii) a director of the Ontario Coloured Bean Growers’ Association. O. Reg. 162/13, s. 10 (5). (6) For the purposes of counting the total years of service referred to in subsection (5), years served as a member appointed to the local board by the Commission under section 6 or under subsection 11 (6) to replace a member appointed under section 6 shall not be included. O. Reg. 162/13, s. 10 (6). (7) If a member of the local board reaches the maximum total years of service mentioned in subsection (5) during his or her term, the member may complete the remainder of his or her term. O. Reg. 162/13, s. 10 (7). Vacancies 11. (1) If the producers in a district fail to elect a board member from the district on or before March 15 in a year or if the producers from all three districts fail to elect a member at large on or before March 15 in a year, the other members of the local board shall appoint such eligible producers as are required to fill the vacancies. O. Reg. 162/13, s. 11 (1). (2) An appointment under subsection (1) shall be made no earlier than the first board meeting following the election and no later than seven days after the election. O. Reg. 162/13, s. 11 (2). (3) Subject to subsection (7), if, before the expiry of a board member’s term, the member dies, resigns, ceases to be a producer or otherwise becomes unable to act, the other board members shall, within 30 days after the applicable event, appoint an eligible producer to fill the vacancy for the remainder of the term. O. Reg. 162/13, s. 11 (3). (4) If the board members fail to appoint a producer to fill a vacancy in accordance with subsections (1) and (2) or subsection (3), the Commission may appoint an eligible producer to fill the vacancy. O. Reg. 162/13, s. 11 (4). (5) A producer is eligible to be appointed in a district under subsections (1), (3) or (4) if the producer is eligible to vote in the district in accordance with sections 9 and 10. O. Reg. 162/13, s. 11 (5). (6) Despite subsections 7 (1) and 8 (1), if there are no producers in a district who are eligible and willing to be appointed under this section as a board member from the district, the local board or the Commission, as the case may be, may appoint a producer from any district to fill the vacancy. O. Reg. 162/13, s. 11 (6). (7) If a board member appointed by the Commission in 2013 under section 6 or in 2014 under subsection 7 (2) dies, resigns, ceases to be a producer or otherwise becomes unable to act, the Commission may appoint an individual to fill the vacancy for the remainder of the term. O. Reg. 162/13, s. 11 (7). District Bean Committees 12. (1) There shall be a District Bean Committee for each district, all the members of which shall be producers who produce beans in the district. O. Reg. 162/13, s. 12 (1). (2) A District Bean Committee has the power to do the following: 1. Advise the local board on matters related to the production and marketing of beans. 2. Facilitate the exchange of information between producers in the district and the local board and serve as a liaison between them. O. Reg. 162/13, s. 12 (2). (3) Beginning in 2015, at the local board’s annual meeting the producers from each district shall elect six producers from among themselves to the District Bean Committee for the district. O. Reg. 162/13, s. 12 (3). (4) The members of a District Bean Committee shall be elected for a term that begins on the day of their election and ends on the day members are elected to the Committee in the following year. O. Reg. 162/13, s. 12 (4). (5) A producer is eligible to vote in an election or to be elected to the District Bean Committee for a district if the producer is eligible to vote in the election of local board members for the district. O. Reg. 162/13, s. 12 (5). (6) At least two of the six District Bean Committee members for District 3 shall be elected from among the producers who produce beans in the geographic areas of Simcoe or York or in any of the geographic areas located to the east or north of the geographic area of Simcoe or the geographic area of York. O. Reg. 162/13, s. 12 (6). (7) If, before the expiry of a District Bean Committee member’s term, the member dies, resigns, ceases to be a producer or otherwise becomes unable to act, the remaining members of the Committee may convene a special meeting of the producers from the district for the purpose of electing a producer from the district to fill the vacancy for the remainder of the term. O. Reg. 162/13, s. 12 (7). White Pea Bean Producers’ Special Reserve Fund White Pea Bean Producers’ Special Reserve Fund 13. (1) Within 30 days after this Regulation comes into force, the local board shall establish from among the local board’s assets a fund in the amount of $1 million to be known as the White Pea Bean Producers’ Special Reserve Fund. O. Reg. 162/13, s. 13 (1). (2) The local board shall maintain and administer the Fund in accordance with the following terms: 1. Any income that is derived directly or indirectly from money in the Fund shall be paid into the Fund. 2. Money in the Fund may be invested only in investments that are authorized under subsections 16 (1) and (1.1) of Regulation 400 of the Revised Regulations of Ontario, 1990 (By-laws for Local Boards) made under the Act. 3. Money in the Fund may be used for the following purposes only: i. Paying the reasonable and necessary expenses for services provided by third parties related to the administration and investment of money in the Fund. ii. Carrying out or providing funding for research and promotion activities that are related to the producing and marketing of white pea beans and that benefit white pea bean producers in Ontario. 4. The Fund shall be audited annually and the auditor’s report shall be included in the local board’s annual financial statement to be filed with the Commission in accordance with section 5 of Regulation 421 of the Revised Regulations of Ontario, 1990 (Local Boards) made under the Act. O. Reg. 162/13, s. 13 (2). (3) The local board shall not spend in any fiscal year or agree to spend in any fiscal year more than $150,000 from the Fund. O. Reg. 162/13, s. 13 (3). (4) In this section, “fiscal year” means the fiscal year of the local board. O. Reg. 162/13, s. 13 (4). Transition Dissolution of Ontario Bean Producers’ Marketing Board 14. (1) The Ontario Bean Producers’ Marketing Board is dissolved. O. Reg. 162/13, s. 14 (1). (2) On the day this section comes into force, (a) all rights, property and assets of the Ontario Bean Producers’ Marketing Board become the rights, property and assets of the local board; (b) all debts, liabilities and obligations of the Ontario Bean Producers’ Marketing Board become the debts, liabilities and obligations of the local board; (c) an agreement, security or instrument to which the Ontario Bean Producers’ Marketing Board was a party immediately before this section came into force has effect as if, (i) the local board were substituted for the Ontario Bean Producers’ Marketing Board as a party to the agreement, security or instrument, and (ii) any reference in the agreement, security or instrument to the Ontario Bean Producers’ Marketing Board were a reference to the local board; and (d) the local board becomes a party to each ongoing proceeding to which the Ontario Bean Producers’ Marketing Board was a party immediately before this section came into force, replacing the Ontario Bean Producers’ Marketing Board. O. Reg. 162/13, s. 14 (2). (3) The operation of clause (2) (c) does not constitute a breach, termination or repudiation of the agreement, security or instrument or the frustration of the agreement or an event of default or force majeure. O. Reg. 162/13, s. 14 (3). (4) All records or information in any form that are in the possession of the Ontario Bean Producers’ Marketing Board immediately before its dissolution shall be promptly transferred to the local board. O. Reg. 162/13, s. 14 (4). 15. Omitted (revokes other Regulations). O. Reg. 162/13, s. 15. 16. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 162/13, s. 16.