Farm Products Marketing Act
R.R.O. 1990, REGULATION 391
ASPARAGUS — PLAN
Consolidation Period: From July 25, 2007 to the e-Laws currency date.
Last amendment: O. Reg. 391/07
This is the English version of a bilingual regulation.
1. The plan in the Schedule is continued for the control and regulation of the producing and
marketing within Ontario of asparagus. R.R.O. 1990, Reg. 391, 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. 391, s. 2.
3. The members of the local board shall be deemed to be the shareholders and directors
thereof in the exercise of any powers mentioned in section 2. R.R.O. 1990, Reg. 391, s. 3.
SCHEDULE
PLAN
Farm Products Marketing Act
1. This plan may be cited as “The Ontario Asparagus Growers’ Marketing Plan”.
2. In this plan,
“asparagus” means asparagus produced in Ontario; (“asperges”)
“fresh asparagus” means asparagus, except asparagus that is used by a processor for processing;
(“asperges fraîches”)
“processing” means canning, dehydrating, drying, freezing or processing with sugar or sulphur dioxide
or any other chemical; (“transformation”)
“processor” means a person engaged in the business of processing asparagus; (“transformateur”)
“producer” means a person who, on the 1st day of May in any year, is the beneficial owner of property
on which two acres or more of asparagus are growing. (“producteur”)
3. (1) This Regulation provides for the control and regulation in any or all respects of the
producing and marketing within Ontario of asparagus, including the prohibition of such producing and
marketing in whole or in part.
(2) A person who is a producer in any year may, in that year, vote for or be elected or
appointed a member of the local board or a District Asparagus Growers’ Committee under sections 8,
9 and 10.
(3) A producer who is renting property to a tenant on the 1st day of May in any year may, in
writing, assign to that tenant the producer’s voting and membership privileges in respect of that year,
in which case the tenant shall be deemed to be the producer.
(4) If the producer in respect of a property is a corporation, a person designated in writing for
that property by the corporation shall be deemed to be the producer.
(5) If the producer in respect of a property is a firm or partnership of one or more persons
carrying on the production and marketing under a trade name, farm name or other designation, a
person designated in writing for that property by the owner or owners shall be deemed to be the
producer.
(6) If the producer in respect of a property is comprised of two or more joint owners, the joint
owner who first presents himself or herself to register the vote in respect of that property shall be
deemed to be the producer.
4. There shall be a local board to be known as “The Ontario Asparagus Growers’ Marketing
Board”.
5. The local board shall be composed of nine producer-members.
6. Producers are divided into five districts as follows:
1. District 1, comprising the counties of Essex, Kent, Lambton and Middlesex and that
part of the County of Huron lying south of King’s Highway No. 83.
2. District 2, comprising the counties of Elgin, Oxford and Perth, The Regional
Municipality of Waterloo and that part of The Regional Municipality of Haldimand-Norfolk lying
south of King’s Highway No.3.
3. District 3, comprising the counties of Bruce, Dufferin, Grey, Wellington and Simcoe,
that part of the County of Huron lying north of King’s Highway No. 83, The Regional Municipality of
Peel and The Regional Municipality of York.
4. District 4, comprising those parts of Ontario that are not included in districts 1, 2, 3
and 5.
5. District 5, comprising the County of Brant, the regional municipalities of Halton,
Hamilton-Wentworth and Niagara and that part of The Regional Municipality of Haldimand-Norfolk
lying north of King’s Highway No. 3.
7. There shall be a committee in each district to be known as the “District Asparagus
Growers’ Committee”.
8. (1) On or before December 15 in 1995 and each subsequent year, the producers in each of
the districts shown in Column 1 of the Table shall elect, from the producers in the district, the number
of members shown opposite in Column 2 to the District Asparagus Growers’ Committee in the district.
TABLE
District Number of Members
1 4
2 5
3 3
4 3
5 5
(2) No person is eligible for election to a District Asparagus Growers’ Committee unless he
or she resides in the district.
9. (1) On or before December 31 in each year, each District Asparagus Growers’ Committee
shall elect, from the producers in each of the districts shown in Column 1 of the Table, the number of
members shown opposite in Column 2 to the local board.
TABLE
District Number of Members
1 1
2 4
3 1
4 1
5 2
(2) No person is eligible for election from any district to the local board unless he or she
resides within the district.
(3) Where in any year a District Asparagus Growers’ Committee fails to elect one or more
members to the local board in accordance with subsection (1), the members of all District Asparagus
Growers’ Committees may on or before the 31st day of December of that year elect the member or
members from that district to the local board.
10. (1) At its first meeting after the 31st day of December the members elected to the local
board shall appoint such producer-members as are necessary to complete the local board.
(2) Where a member elected or appointed to the local board dies or resigns before the 31st
day of December of the year next following the date of his or her election or appointment, the
members of the local board may appoint a producer-member for the unexpired term.
(3) Each producer-member appointed as a member to the local board under subsection (1) or
(2) shall be a producer in the district for which he or she is appointed.
11. The terms of office of members of a District Asparagus Growers’ Committee or of the
local board expire with the election or appointment of their successors.
R.R.O. 1990, Reg. 391, Sched.; O. Reg. 461/95, ss. 1, 2; O. Reg. 391/07, s. 1.