GREENHOUSE VEGETABLES - PLAN

1. The plan in the Schedule is continued for the control and regulation of the producing and marketing within Ontario of greenhouse vegetables. R.R.O. 1990, Reg. 418, s. 1. 2. Revoked: O. Reg. 28/14, s. 1. 3. Revoked: O. Reg. 28/14, s. 2. Schedule PLAN Farm Products Marketing Act 1. This plan may be cited as the “Ontario Greenhouse Vegetables Plan”. 2. In this plan, “geographic area” means a geographic area under the Territorial Division Act, 2002; “greenhouse vegetables” means cucumbers, lettuce, peppers and tomatoes produced in Ontario in a greenhouse or any other enclosure under glass, plastic or other material used for the purpose of controlling temperature and providing protection for the growing plants; “producer” means a person engaged in the production of greenhouse vegetables. 3. This plan applies to the control and regulation in any or all respects of the producing and marketing within Ontario of greenhouse vegetables, 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 “Ontario Greenhouse Vegetable Growers”. (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 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. 5. (1) The local board shall be composed of, (a) 10 voting members elected or appointed in accordance with sections 11, 13 and 14; and (b) a chair whom the local board shall appoint in accordance with section 5.1. (1.1) Except as permitted by sections 13 and 14, the local board’s 10 voting members shall be composed of five members from each of the districts established by section 6. (2) The chair shall not have any voting rights. (3) When present, the chair shall preside at all meetings of the local board. (4) Revoked: O. Reg. 239/23, s. 1 (3). (5) The members of the local board from District 1 as described in section 6 shall elect a vice-chair from among themselves and the members of the local board from District 2 as described in that section shall elect a vice-chair from among themselves. (5.1) During the chair’s absence or inability to act, one of the two vice-chairs elected under subsection (5) who is present at the meeting shall chair the meeting and in the event that both vice-chairs are present, the other members of the local board shall determine which of the two will chair the meeting. (5.2) While the vice-chair is acting as chair of the meeting, they shall not have voting rights and shall not be counted as a voting member for establishing quorum under section 5.3. (6) The vice-chairs shall hold office until their successors are elected. (7) The elections of vice-chairs shall take place annually at the first meeting after each election of members under section 11 or appointment of members under section 13, as the case may be. (8) Revoked: O. Reg. 28/14, s. 3 (4). 5.1 (1) The local board shall appoint a chair for an initial term of one year beginning on November 1 and ending on October 31. (2) Before October 1 in any year in which the appointment of a chair expires, the local board shall either, (a) appoint a new chair for a term of one year; or (b) renew the chair’s appointment for one or two additional years beginning on November 1 and ending on October 31. (3) An individual is eligible to serve as chair for a maximum of 10 consecutive years, after which time they may be appointed as chair again if at least one year has elapsed since their last appointment. (4) If the local board fails to appoint a chair by October 1, the Commission shall appoint one for a term of one year. 5.2 (1) If a chair appointed under section 5.1 dies, resigns or is otherwise unwilling or unable to act during their term, the local board shall appoint an individual to fill the vacancy for the remainder of the term. (2) The local board may renew the appointment of the chair in accordance with clause 5.1 (2) (b), unless the appointment would result in a contravention of subsection 5.1 (3) during the new term. 5.3 Despite section 6 of Regulation 400 of the Revised Regulations of Ontario, 1990 (By-laws for Local Boards) made under the Act, quorum at a meeting of the local board is constituted if, (a) the chair appointed under subsection 5.1 (1) is present or one of the two vice-chairs elected under subsection 5 (5) is acting as chair; and (b) a majority of voting members is also present at the meeting. 6. For the purposes of elections and appointments to the District Greenhouse Vegetable Producers’ Committees under section 10 and elections and appointments to the local board under sections 11, 13 and 14, the following greenhouse vegetable growing districts are established: 1. District 1, composed of the geographic area of Essex. 2. District 2, composed of all other geographic areas of Ontario. 7. There shall be a committee in each district to be known as the “District Greenhouse Vegetable Producers’ Committee”. 8. Each District Greenhouse Vegetable Producers’ Committee shall be composed of five members. 9. (1) Except in the case of the chair of the local board, the following rules apply with respect to being eligible to hold office on the local board or a District Greenhouse Vegetable Producers’ Committee, to voting to elect members to them or to appointing members to them: 1. A producer is ineligible to be elected or appointed as a member of the local board in either of the following circumstances: i. The producer has been convicted of any of the following offences in the five years preceding the date of the election or appointment: A. Any offence under the Safe Food for Canadians Act (Canada) or the Food and Drugs Act (Canada). B. Any offence under the Criminal Code (Canada) involving fraud. ii. The local board has imposed a penalty on the producer for failing to comply with, or for contravening, the Act or the regulations in the three years preceding the date of the election or appointment. (1.1) Despite paragraph 1 of subsection 9 (1), a producer is eligible to be elected or appointed as a member of the local board if the conviction or the imposition of the penalty that would otherwise make the producer ineligible occurred before the day on which subsection 3 (1) of Ontario Regulation 291/19 came into force. 2. Revoked: O. Reg. 522/98, s. 1 (4). 3. Only a producer who is a producer in a district is eligible to be elected or appointed to the local board from the district. 4. A producer may be a member of both the local board and a District Greenhouse Vegetable Producers’ Committee. (2) A producer who has been elected or appointed as a member of the local board for five consecutive two-year terms is not eligible to be elected or appointed to the local board until the calendar year after the year in which the producer’s fifth term ends. 10. (1) The producers in each district shall elect the District Greenhouse Vegetable Producers’ Committee from among the producers in the district before November 1 in each year. (2) If the producers in a district fail to elect a member to the District Greenhouse Vegetable Producers’ Committee before November 1 in a year, the District Greenhouse Vegetable Producers’ Committee may, between that date and November 14, appoint a member from among the producers in the district. (3) Elected members of each District Greenhouse Vegetable Producers’ Committee shall hold office from November 1 in the year of their election to and including October 31 of the year following their election. (4) Appointed members of each District Greenhouse Vegetable Producers’ Committee shall hold office from the date of their appointment to and including October 31 next following their appointment. 11. (1) Before November 1 in each year, the producers in each district shall hold an election to replace the members of the local board whose term of office expires in that year. (2) The members elected at an election held under subsection (1) shall hold office for a two-year period from November 1 in the year of election. 12. Revoked: O. Reg. 185/91, s. 1 (4). 13. (1) If the producers in a district fail to elect a member to the local board before the 1st day of November in a year in which an election is required to be held, the District Greenhouse Vegetable Producers’ Committee for that district may, on or before the 15th day of November in that year, appoint a producer from that district to be the member. (2) The local board may appoint a producer from the relevant district to fill any vacancies remaining on the local board after the 15th day of November or, in the absence of any producers from the district who are eligible and willing to be appointed, the local board may appoint an eligible producer from the other district. 14. (1) If a member of the local board ceases to be a producer, resigns or is unable or unwilling to act, the local board shall declare the seat of the member vacant and appoint a producer from the same district to replace the member for the unexpired portion of the member’s term. (2) If the local board fails to fill any vacancy on the local board within seven days of the declaration referred to in subsection (1), the Commission may appoint a producer from the same district to fill the vacancy for the unexpired portion of the term. (3) In the absence of any producers from the relevant district who are eligible and willing to be appointed as a board member under this section, the local board or the Commission, as the case may be, may appoint an eligible producer from the other district to fill the vacancy. 15. (1) If a producer is not an individual, the producer shall designate in writing an individual who may, on behalf of the producer, vote in an election of the local board or be elected or appointed to the local board. (2) A producer who designates an individual under subsection (1) may designate only one of the following individuals: 1. An officer 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 9 to 14 shall, in the case of a producer who is not an individual, be deemed to be a reference to the individual designated by the producer under subsection (1). R.R.O. 1990, Reg. 418, Sched.; O. Reg. 185/91, s. 1; O. Reg. 679/94, s. 1; O. Reg. 522/98, s. 1; O. Reg. 104/01, s. 1; O. Reg. 41/03, s. 1; O. Reg. 274/05, s. 1; O. Reg. 388/07, s. 1; O. Reg. 28/14, s. 3; O. Reg. 5/18, s. 1; O. Reg. 291/19, s. 1-6; O. Reg. 239/23, s. 1-3.