SEED-CORN - PLAN

1. The plan in the Schedule is continued for the control and regulation of the producing and marketing within Ontario of seed-corn. R.R.O. 1990, Reg. 428, s. 1. 2. The local board named in the Schedule is given the powers set out in subsection 15 (1) and sections 50 and 110 of the Co-operative Corporations Act and the power set out in subsection 15 (4) of that Act to accept extra-provincial powers and rights. O. Reg. 449/95, s. 1. 3. The members of the local board shall be deemed to be the shareholders and the directors thereof in the exercise of any of the powers mentioned in section 2. R.R.O. 1990, Reg. 428, s. 3. Schedule PLAN Farm Products Marketing Act 1. This plan may be cited as “The Ontario Seed-Corn Growers’ Marketing Plan”. 2. In this plan, “dealer” means a person who contracts with a producer for the production of seed-corn; (“marchand”) “geographic area” means a geographic area established by regulation under the Territorial Division Act, 2002; (“zone géographique”) “producer” means a person engaged in the production of seed-corn; (“producteur”) “seed-corn” means the seed of hybrid corn, or open-pollinated corn, of every kind or variety produced in Ontario for seed purposes, but does not include the seed of sweet corn and popcorn. (“maїs de semence”) 3. This plan provides for the control and regulation in any or all respects of the producing and marketing within Ontario of seed-corn. 4. The local board known as “The Ontario Seed-corn Growers’ Marketing Board” is continued under the name “Seed-Corn Growers of Ontario”. 5. The local board shall be composed of seven members. 6. (1) No producer is entitled to vote in an election of the local board unless registered with the local board as a producer in the current or previous year. (2) The producer’s vote shall be exercised by, (a) the producer, if the producer is an individual; or (b) an individual whom the producer has designated in writing, if the producer is not an individual. (3) No person is entitled to be a member of the local board unless the person is, (a) a producer entitled to vote in an election of the local board, if the producer is an individual; or (b) an individual whom a producer entitled to vote in an election of the local board has designated in writing, if the producer is not an individual. 7. For the purposes of elections and appointments to the local board, the following seed-corn producing districts are established: 1. District 1, composed of the geographic areas of Chatham-Kent and Essex. 2. District 2, composed of all the geographic areas of Ontario other than Chatham-Kent and Essex. 8. The registered producers in each district shall on or before the 31st day of March in each year elect a member or members to the local board as follows: 1. District 1, six members. 2. District 2, one member. 3. Revoked: O. Reg. 483/18, s. 3. 8.1 (1) If the producers in a district fail to elect a member as required under section 8, the producers in the two districts shall together elect the number of producers required to complete membership on the local board. (2) In an election held to complete membership on the local board, a producer from either district may be elected. 8.2 If the producers fail to elect the required number of members by March 31 in a year under sections 8 and 8.1, the members of the local board shall appoint the number of producers required to complete the membership from either district. 8.3 (1) A member of the local board shall hold office for a three-year term. (2) A producer who has been elected or appointed as a member of the local board for four consecutive three-year terms is not eligible to be elected or appointed to the local board until one year after the end of the fourth term. 8.4 (1) Within 60 days after this section comes into force, the members of the local board shall designate two members from District 1 who were elected at the annual meeting of producers in 2017 to hold office for a three-year term that expires in 2020. (2) The members of the local board who were elected at the annual meeting of producers in 2018 shall hold office for a three-year term that expires in 2021. (3) Despite paragraph 1 of section 8, at the annual meeting of producers held in 2019 the producers shall elect two members to the local board from District 1. (4) If the producers fail to elect the required number of members by March 31, 2019, the members of the local board shall appoint the number of producers required to complete the membership from either district. 9. (1) If a member of the local board dies, resigns or is unable or unwilling to act, the other members of the local board shall, (a) appoint, as a replacement for the remainder of the term of office, a registered producer in the district that elected the member; or (b) call a by-election to replace the member. (2) A producer is not entitled to vote in a by-election unless registered as a producer in the district in which the registered producers elected the member of the local board who is being replaced at the by-election. R.R.O. 1990, Reg. 428, Sched.; O. Reg. 3/93, s. 1; O. Reg. 449/95, s. 2; O. Reg. 87/99, s. 1; O. Reg. 464/99, s. 1; O. Reg. 483/18, s. 1-6.