jswizzle3737/ontario_laws_and_regs huggingface dataset:
1.
 1. In this Regulation, “approved association” means an association of one or more producers whose constitution has been approved by the local board under section 9; (“association approuvée”) “association area” means, in respect of each approved association, the area within a hog producing zone that is described in the association’s constitution as belonging to the association; (“territoire”) “delegate” means a delegate to a zone council elected under this Regulation; (“délégué”) “hog producing zone” means a hog producing zone set out in section 6; (“zone de production porcine”) “hogs” means domestic swine produced in Ontario; (“porc”) “producer” means a person engaged in the production of hogs; (“producteur”) “zone council” means a zone council established for each hog producing zone under this Regulation. (“conseil de zone”)  O. Reg. 403/10, s. 1.
2.
 2. This Regulation sets out the plan for the control and regulation of the producing and marketing of hogs in Ontario.  O. Reg. 403/10, s. 2. Local Board
3.
 3. (1) The local board known as the “Ontario Pork Producers’ Marketing Board” is continued.  O. Reg. 403/10, s. 3 (1). (2) Despite subsection (1), (a)  elections of members of the local board shall be held in 2024 to bring the composition of the board into compliance with section 5 and to elect members from the hog producing zones established under section 6; and (b)  the members of the local board who are in office on January 1, 2024 shall hold office until their successors take office in 2024.  O. Reg. 403/10, s. 3 (2); O. Reg. 318/23, s. 1.
4.
 4. (1) 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. 403/10, s. 4 (1). (2) 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. 403/10, s. 4 (2). (3) 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 Regulation of Ontario, 1990 (By-laws for Local Boards) made under the Act.  O. Reg. 403/10, s. 4 (3).
5.
 5. (1) The local board shall be composed of nine board members.  O. Reg. 403/10, s. 5 (1). (2) The board members shall be elected or appointed in accordance with sections 18 to 21 as follows: 1.  One board member from Zone 1. 2.  Two board members from Zone 2. 3.  One board member from Zone 3. 4.  One board member from Zone 4. 5.  One board member from Zone 5. 6.  Three board members at large. O. Reg. 318/23, s. 2. (3) Revoked: O. Reg. 318/23, s. 2. Hog Producing Zones and Association Areas
Hog Producing Zones and Association Areas
nan
6.
 6. (1) For the purposes of elections to the local board, the following hog producing zones are established: 1.  Zone 1, composed of the geographic areas of Chatham-Kent, Elgin, Essex, Lambton and Middlesex. 2.  Zone 2, composed of the geographic areas of Huron and Perth. 3.  Zone 3, composed of the geographic areas of Bruce, Dufferin, Grey, Simcoe, Waterloo, Wellington and York. 4.  Zone 4, composed of the geographic areas of Brant, Haldimand, Halton, Hamilton, Niagara, Norfolk, Oxford and Peel. 5.  Zone 5, composed of the geographic areas of Algoma, Cochrane, Durham, Frontenac, Haliburton, Hastings, Kawartha Lakes, Kenora, Lanark, Leeds and Grenville, Lennox and Addington, Manitoulin, Muskoka, Nipissing, Northumberland, Ottawa, Parry Sound, Peterborough, Prescott and Russell, Prince Edward, Rainy River, Renfrew, Stormont, Dundas and Glengarry, Sudbury, Thunder Bay, Timiskaming and Toronto. O. Reg. 403/10, s. 6 (1); O. Reg. 41/11, s. 1; O. Reg. 318/23, s. 3. (2) In subsection (1), “geographic area” means a geographic area under the Territorial Division Act, 2002.  O. Reg. 403/10, s. 6 (2).
7.
 7. (1) Each hog producing zone shall include one or more association areas, as described in the constitutions of the approved associations.  O. Reg. 403/10, s. 7 (1). (2) Copies of the constitutions of approved associations shall be kept by the local board and made available to the public for inspection.  O. Reg. 403/10, s. 7 (2). Zone Councils and Representation of Associations
Zone Councils and Representation of Associations
nan
8.
 8. (1) A zone council shall be established in accordance with this section for each hog producing zone.  O. Reg. 403/10, s. 8 (1). (2) Each zone council shall be composed of delegates elected by the approved associations whose association areas are located in the zone, based on a system of allotment of delegates described in section 10.  O. Reg. 403/10, s. 8 (2). (3) The number of delegates on a zone council may vary with each council election, depending on the allotment of delegates carried out under section 10 before the election.  O. Reg. 403/10, s. 8 (3). (4) Once the allotment of delegates to each approved association is determined under section 10, the election of the delegates to the zone council shall be carried out in accordance with sections 12 to 21.  O. Reg. 403/10, s. 8 (4); O. Reg. 318/23, s. 4.
8.1
 8.1 (1) The date of a zone council meeting shall be fixed by the local board and the meetings shall be chaired by a representative of the local board. O. Reg. 318/23, s. 5. (2) The local board shall give notice of a zone council meeting to delegates of the zone council at least 10 days before the date of the meeting. O. Reg. 318/23, s. 5.
9.
 9. (1) An association of one or more producers shall not be allotted delegates for purposes of an election of a zone council unless the association’s constitution is approved by the local board. O. Reg. 318/23, s. 6. (2) The procedures for approving the constitutions of associations of producers shall be determined by the local board. O. Reg. 318/23, s. 6. (3) Two or more associations within a zone may amalgamate if the local board approves the amalgamation. O. Reg. 318/23, s. 6. (4) Any association with an approved constitution that existed on the day section 6 of Ontario Regulation 318/23 came into force is continued. O. Reg. 318/23, s. 6.
10.
 10. (1) By January 6 of an election year for a hog producing zone, the local board shall, (a)  determine the number of delegates, if any, that shall be allotted in accordance with this section to each approved association with an association area in the zone; and (b)  inform each approved association of the number of delegates that are allotted to it in respect of the election. O. Reg. 403/10, s. 10 (1); O. Reg. 318/23, s. 7 (1). (2) The allotment described in subsection (1) shall be based on statistical information respecting the 12-month period ending on the Saturday closest to November 30 of the year preceding the election year. O. Reg. 403/10, s. 10 (2); O. Reg. 318/23, s. 7 (2). (3) Subject to subsections (4) and (5), the number of delegates to be allotted to each approved association shall be determined by multiplying 85 by the sum of, (a)  60 per cent of the proportion of the number of producers who are registered under section 11 as members of the approved association on the preceding Saturday closest to November 30 to the total number of producers who are registered on that date as members of the approved associations for all five hog producing zones; and (b)  40 per cent of the proportion of the number of sows produced and hogs marketed in the approved association’s association area during the 12-month period ending on the preceding Saturday closest to November 30 to the total number of sows produced and hogs marketed from all zones during that period. O. Reg. 403/10, s. 10 (3); O. Reg. 318/23, s. 7 (3-5). (4) At least one delegate shall be allotted to an approved association if, on or before the Saturday closest to November 30 of the year preceding the election year, at least five producers have registered under section 11 as a member of that association. O. Reg. 403/10, s. 10 (4); O. Reg. 318/23, s. 7 (6). (5) The local board shall not allot a delegate to an approved association that has fewer than five members registered under section 11. O. Reg. 403/10, s. 10 (5). (6) Despite subsection (5), the local board may allot one delegate to an approved association described in that subsection if, (a)  the association submits to the local board a document known as a plan for effective organization; and (b)  the plan referred to in clause (a) demonstrates to the board that, despite its small membership, the association is able to effectively promote the welfare of the pork industry in the association area. O. Reg. 403/10, s. 10 (6). (7) In this section, “sow” means a female hog that has given birth to at least one litter of piglets. O. Reg. 318/23, s. 7 (7).
Zone Council Elections
nan
12.
 12. (1) Subject to subsection (3), each delegate elected or appointed to a zone council shall hold office for a three-year term. O. Reg. 318/23, s. 9. (2) Elections of zone council delegates shall be held for the five hog producing zones in 2024. O. Reg. 318/23, s. 9. (3) The delegates elected or appointed to zone councils in 2024 shall hold office for the following terms: 1.  The delegates to the zone council for Zone 1 shall hold office for a two-year term. 2.  The delegates to the zone council for Zone 2 shall hold office for a three-year term. 3.  The delegates to the zone council for Zone 3 shall hold office for a one-year term. 4.  The delegates to the zone council for Zone 4 shall hold office for a one-year term. 5.  The delegates to the zone council for Zone 5 shall hold office for a two-year term. O. Reg. 318/23, s. 9.
13.
 13. (1) If zone council delegates are to be elected for a zone council, the election of the zone council delegates shall take place in accordance with this section no later than February 28 in the year of a zone council election. O. Reg. 318/23, s. 9. (2) At an election scheduled and held by the local board, producers who are registered as members of an approved association within the zone shall elect the delegate positions allotted under subsection 10 (3) for the association from among eligible individuals. O. Reg. 318/23, s. 9. (3) If the producers who are registered as members of an approved association fail to elect all delegate positions allotted for the association, the producers who are registered as members of any approved association within the hog producing zone shall elect the remaining delegate positions from among eligible individuals at an election scheduled and held by the local board. O. Reg. 318/23, s. 9. (4) For the purposes of subsections (2) and (3), eligibility shall be determined in accordance with section 17. O. Reg. 318/23, s. 9. (5) Each producer who is entitled to vote under subsection (2) or (3) is entitled to two votes which shall be exercised in accordance with the following eligibility criteria: 1.  The producer’s first vote shall be exercised by, i.  the producer, if the producer is an individual, or ii.  an individual of at least 18 years of age whom the producer has designated in writing in a form approved by the local board, if the producer is not an individual. 2.  The producer’s second vote shall be exercised by an individual whom the producer has designated in writing in a form approved by the local board, who is at least 18 years of age and resides in the producer’s association area and who, i.  is employed by the producer in the production of hogs, ii.  if the producer is an individual, is a spouse, parent, child, grandchild, sibling or child of a sibling of the producer, or iii.  if the producer is not an individual, has an interest in the producer by way of owning shares or a partnership interest in the producer or is a spouse, parent, child, grandchild, sibling or child of a sibling of an individual who has such interest. O. Reg. 318/23, s. 9. (6) If a producer designates an individual to exercise the producer’s first vote under subparagraph 1 ii of subsection (5), the producer shall not designate that individual to exercise the producer’s second vote under paragraph 2 of subsection (5). O. Reg. 318/23, s. 9. (7) Any nomination shall be in a form provided by the local board. O. Reg. 318/23, s. 9. (8) In this section, “spouse” means, (a)  a spouse as defined in section 1 of the Family Law Act, or (b)  either of two persons who live together in a conjugal relationship outside marriage. O. Reg. 318/23, s. 9. 14.,15. Revoked: O. Reg. 318/23, s. 9.
16.
 16. (1) The producers who are registered as members of the association may elect, from among themselves, substitute delegates for the purposes of filling vacancies in the zone council or acting for delegates who are temporarily unable to do so themselves. O. Reg. 318/23, s. 10 (1). (2) The maximum number of substitute delegates that an approved association may elect under subsection (1) is equal to two times the number of delegates allotted to the association under subsection 10 (3) in respect of an election. O. Reg. 403/10, s. 16 (2); O. Reg. 318/23, s. 10 (2, 3). (3) Revoked: O. Reg. 318/23, s. 10 (4). (4) If a delegate to a zone council dies, resigns, is deemed to have resigned under subsection 17 (4) or otherwise becomes unable to act for the remainder of their term, the substitute delegate who received the greatest number of votes under subsection (1), if any, shall serve as a replacement for the remainder of the delegate’s term. O. Reg. 403/10, s. 16 (4); O. Reg. 318/23, s. 10 (5). (5) If a delegate from an approved association is temporarily unable to act as a delegate, a substitute delegate from that association may act in the delegate’s place if, (a)  the delegate who is temporarily unable to act notifies their association of the inability; and (b)  promptly after receiving the notice, the association notifies the local board of the substitution. O. Reg. 403/10, s. 16 (5); O. Reg. 318/23, s. 10 (5).
17.
 17. (1) An individual is eligible to be nominated or elected to serve as a delegate or substitute delegate to a zone council for an approved association if they are entitled to exercise a vote under paragraph 1 or 2 of subsection 13 (5). O. Reg. 318/23, s. 11. (2) A producer who is elected as a zone council delegate ceases to be eligible as a delegate if they, (a)  cease to be a producer; or (b)  cease to be eligible under section 11 to register as a member of any approved association within the hog producing zone in which the delegate was elected. O. Reg. 318/23, s. 11. (3) An individual described in subparagraph 1 ii or paragraph 2 of subsection 13 (5) who is elected as a zone council delegate ceases to be eligible as a delegate if, (a)  the producer whom the individual represents ceases to be a producer; (b)  the producer whom the individual represents ceases to be eligible under section 11 to register as a member of any approved association within the hog producing zone in which the delegate was elected; (c)  the producer whom the individual represents notifies the local board and the applicable zone council in writing that it revokes the designation of the individual under subparagraph 1 ii or paragraph 2 of subsection 13 (5), as the case may be; or (d)  in the case of an individual described in paragraph 2 of subsection 13 (5), the individual ceases to meet any requirements set out in that subsection. O. Reg. 318/23, s. 11. (4) A delegate is deemed to have resigned as a delegate if they cease to be eligible as a delegate under subsection (2) or (3). O. Reg. 318/23, s. 11. Local Board Elections
Local Board Elections
nan
18.
 18. (1) Subject to subsection (3), each board member elected or appointed to the local board shall hold office for a three-year term. O. Reg. 318/23, s. 12. (2) Election of all local board members shall be held in 2024. O. Reg. 318/23, s. 12. (3) The board members elected by zone councils in 2024 shall hold office for the following terms: 1.  For Zone 1, the board member shall hold office for a two-year term. 2.  For Zone 2, the board members shall hold office for a three-year term. 3.  For Zone 3, the board member shall hold office for a one-year term. 4.  For Zone 4, the board member shall hold office for a one-year term. 5.  For Zone 5, the board member shall hold office for a two-year term. O. Reg. 318/23, s. 12. (4) The at large board members elected in 2024 shall hold office for the following terms: 1.  At large board member 1 shall hold office for a three-year term. 2.  At large board member 2 shall hold office for a two-year term. 3.  At large board member 3 shall hold office for a one-year term. O. Reg. 318/23, s. 12. (5) The following are the maximum lengths of terms for board members: 1.  A board member who did not serve on the local board at any time prior to the new board being constituted in 2024 may be elected to a maximum of four three-year terms. 2.  No individual shall serve on the local board for more than 14 years in their lifetime, including years served on the board prior to the new board being constituted in 2024. O. Reg. 318/23, s. 12. (6) A board member’s term begins on the later of, (a)  the day on which the board member is elected or appointed, as the case may be; and (b)  April 1 in the year in which the board member is elected or appointed. O. Reg. 318/23, s. 12. (7) A board member continues to be a board member until the end of their term even if their term of office as a zone council delegate has expired. O. Reg. 318/23, s. 12.
19.
 19. (1) The zone council for each hog producing zone shall elect the board members from among its delegates.  O. Reg. 403/10, s. 19 (1). (2) The election of board members by a zone council shall take place no later than February 28 in each year in which the election of board members from that zone is scheduled to take place.  O. Reg. 403/10, s. 19 (2). (3) The delegates of the zone council in Zone 2 shall elect one board member that resides in the geographic area of Huron and one board member that resides in the geographic area of Perth. O. Reg. 318/23, s. 13. (4) If the delegates of the zone council in Zone 2 are unable to elect a local board member for either the geographic area of Huron or the geographic area of Perth, the delegates may elect both board members from only one of those geographic areas. O. Reg. 318/23, s. 13. (5) Revoked: O. Reg. 318/23, s. 13.
20.
 20. At the annual meeting of the local board, the delegates from all zone councils shall elect from among themselves, (a)  at large board members; and (b)  board members to fill any vacancies where a zone council has failed to elect a board member under section 19. O. Reg. 318/23, s. 14.
21.
 21. (1) If the delegates of all zone councils fail to elect any local board members under section 20, the local board shall, by April 30 in the year of an election, appoint registered producers to the remaining board positions. O. Reg. 318/23, s. 14. (2) If a board member is not appointed under subsection (1), the Commission may appoint a registered producer to the position after May 1 in the year of an election. O. Reg. 318/23, s. 14. (3) If a board member representing a zone dies, resigns as a board member or as a zone council delegate, is deemed to have resigned as a zone council delegate under subsection 17 (4) or otherwise becomes unable to act for the remainder of their term, the remaining members of the zone council to which the board member is or was a delegate may, no later than six months after the applicable event, elect from among themselves a replacement to hold office for the remainder of the term. O. Reg. 318/23, s. 14. (4) If the remaining members of the zone council fail to elect a replacement under subsection (3), the local board may do one of the following: 1.  Fix a date and place for a meeting of the zone council as soon as practicable for that purpose. 2.  Appoint a replacement to hold office for the remainder of the term. O. Reg. 318/23, s. 14. (5) If a replacement board member representing a zone is not elected in an election held under subsection (3) or elected or appointed under subsection (4), the Commission may appoint a replacement to hold office for the remainder of the term. O. Reg. 318/23, s. 14. (6) If an at large board member dies, resigns as a board member or as a zone council delegate, is deemed to have resigned as a zone council delegate under subsection 17 (4) or otherwise becomes unable to act for the remainder of their term, the local board may appoint a replacement to hold office for the remainder of the term. O. Reg. 318/23, s. 14. (7) If a replacement at large board member is not appointed under subsection (6) within six months, the Commission may appoint a replacement to hold office for the remainder of the term. O. Reg. 318/23, s. 14. Miscellaneous
Effect of mistake or irregularity on election
 22. A mistake or an irregularity in the proceedings respecting the election of a delegate, substitute delegate or board member does not invalidate the election if, (a)  it appears that the election was conducted in substantial conformity with the procedural requirements for the election set out in this Regulation; and (b)  it does not appear that the mistake or irregularity affected the result of the election.  O. Reg. 403/10, s. 22. 23. Omitted (revokes other Regulations).  O. Reg. 403/10, s. 23. 24. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 403/10, s. 24.  Français