jswizzle3737/ontario_laws_and_regs huggingface dataset:
1. In this Regulation, “Apple Commission” means The Ontario Apple Marketing Commission; “apples” means apples of every variety produced in Ontario; “buyer” means a person who buys apples from a producer; “plan” means The Ontario Apple Marketing Plan; “processing” means, (a) baking, canning, dehydrating, drying, freezing, slicing or pressing and includes making juice or cider from apples, or (b) processing with sugar or another substance including, but not limited to, sulphur dioxide; “processor” means a person engaged in the processing of apples; “producer” means the person who, on the 1st day of October in any year, is the beneficial owner of a property on which apple trees are growing, except where the property is being rented to a tenant on the 1st day of October in that year, in which case “producer” means the tenant; “retailer” means any person who offers for sale or sells apples directly to a consumer. R.R.O. 1990, Reg. 387, s. 1.
2. This Regulation provides for the control and regulation in any or all respects of the producing and marketing within Ontario of apples, including the prohibition of such producing and marketing in whole or in part. R.R.O. 1990, Reg. 387, s. 2.
3. (1) The Commission exempts from this Regulation apples produced, (a) in the territorial districts of Ontario; and (b) in the County of Haliburton. R.R.O. 1990, Reg. 387, s. 3 (1). (2) The Commission exempts from clause 14 (f), (a) acreages of apple trees of spy variety where the trees are under seven years of age; and (b) acreages of apple trees of all varieties other than spy where the trees are under four years of age. R.R.O. 1990, Reg. 387, s. 3 (2). (3) The Commission exempts from subsection 6 (1) a producer who makes less than 7,500 gallons of cider per year from apples produced by him, her or it in so far as the making of cider from such apples is concerned. R.R.O. 1990, Reg. 387, s. 3 (3).
4. On or before July 15 in each year, each producer shall complete a return in Form 1 and file it with the Apple Commission at its office, 7195-B Millcreek Drive, Mississauga, Ontario, L5N 3R3. R.R.O. 1990, Reg. 387, s. 4; O. Reg. 322/95, s. 1. Licences
Licences
5. (1) No person shall commence or continue to engage in the producing of apples except under the authority of a licence as a producer from the Commission. R.R.O. 1990, Reg. 387, s. 5 (1). (2) Every producer shall be deemed to be the holder of a licence as a producer while not in default of payment of licence fees required to be paid to the Apple Commission. R.R.O. 1990, Reg. 387, s. 5 (2).
Licences
6. (1) No person shall commence or continue to engage in the processing of apples except under the authority of a licence from the Commission and except in compliance with the terms and conditions of the licence. R.R.O. 1990, Reg. 387, s. 6 (1). (2) A licence expires on the date set out in the licence as the expiry date. O. Reg. 902/93, s. 1. (2.1) If an expiry date is not set out in a licence, the licence expires when the licensee ceases to engage in the processing of apples. O. Reg. 902/93, s. 1. (3) A licence as a processor shall be issued without charge. R.R.O. 1990, Reg. 387, s. 6 (3).
Licences
7. The Commission may refuse to grant or renew or may suspend or revoke a licence as a processor, (a) where the applicant or licensee is not qualified by experience or equipment to properly engage in the business for which the application was made or the licence granted; or (b) where the applicant or licensee has failed to comply with or has contravened the Act, the regulations, the plan or any order or direction of the Commission or Apple Commission. R.R.O. 1990, Reg. 387, s. 7; O. Reg. 589/91, s. 1.
Licences
8. The Commission may impose such terms and conditions upon a licence as the Commission considers proper. R.R.O. 1990, Reg. 387, s. 8.
Licences
9. Where, after a hearing, the Commission is of the opinion that the applicant or licensee has failed to comply with or has contravened any term or condition of the licence or the Act, the regulations, the plan or any order or direction of the Commission, the Commission may impose a penalty on the applicant or licensee. R.R.O. 1990, Reg. 387, s. 9.
Licences
10. Revoked: O. Reg. 589/91, s. 2.
Licences
11. (1) If a penalty is imposed under section 9, the Commission shall pay it to the local board for proportionate distribution among the producers of apples who sold apples to the processor and who did not receive the minimum price for them. O. Reg. 589/91, s. 3. (2) If there are no producers as described in subsection (1), the Commission shall pay the penalty to the Treasurer of Ontario. O. Reg. 589/91, s. 3. 12. Revoked: O. Reg. 446/00, s. 1. Powers of Apple Commission
Powers of Apple Commission
13. The Commission delegates to the Apple Commission the power, (a) to require persons engaged in producing or marketing apples to register their names, addresses and occupations with the Apple Commission; (b) to require persons engaged in producing or marketing apples to furnish such information relating to the production or marketing of apples, including the completing and filing of returns, as the Apple Commission determines; (c) to appoint persons to, (i) inspect the books, records, documents, lands and premises and any apples of persons engaged in producing or marketing apples, and (ii) enter on lands or premises used for producing apples and measure the area of land used to produce apples; (d) to stimulate, increase and improve the marketing of apples by such means as it considers proper; (e) to co-operate with a marketing board, a local board or a marketing agency of any other province for the purpose of marketing apples; (f) to do such acts and make such orders and issue such directions as are necessary to enforce the due observance and carrying out of the Act, the regulations and the plan. R.R.O. 1990, Reg. 387, s. 13.
Powers of Apple Commission
14. Subject to section 3 the Commission delegates to the Apple Commission its power to make regulations with respect to apples, (a) providing for the licensing of any or all persons before commencing or continuing to engage in the marketing of apples; (b) prescribing or providing for classes of licences and for the imposition of terms and conditions on any class of licence; (c) prohibiting persons from engaging in the marketing of apples except under the authority of a licence and except in compliance with the terms and conditions of the licence; (d) providing for the refusal to grant or renew or the suspension or revocation of a licence, (i) where the applicant or licensee is not qualified by experience, financial responsibility or equipment to properly engage in the business for which the application was made or the licence granted, or (ii) where the applicant or licensee has failed to comply with or has contravened the Act, the regulations, the plan or any order or direction of the Commission or Apple Commission; (e) providing for the imposition, amount, disposition and use of penalties where, after a hearing, the Apple Commission is of the opinion that the applicant or licensee has failed to comply with or has contravened any term or condition of the licence or the Act or the regulations, the plan or any order or direction of the Apple Commission; (f) Revoked: O. Reg. 403/01, s. 1. (g) Revoked: O. Reg. 403/01, s. 1. (h) Revoked: O. Reg. 508/01, s. 1. (i) prescribing the form of licences; (j) requiring any person who produces and processes apples to furnish to the Apple Commission statements of the amounts of apples that the person produced in any year and used for processing; (k) providing for the exemption from any or all of the regulations, orders or directions under the plan of any class, variety, grade or size of apples, or any person or class of persons engaged in the producing or marketing of apples or any class, variety, grade or size of apples; (l) requiring the furnishing of security or proof of financial responsibility by any person engaged in the marketing of apples and providing for the administration and disposition of any money or securities so furnished; (m) Revoked: O. Reg. 403/01, s. 1. (n) providing for the control and regulation of the marketing of apples including the times and places at which apples may be marketed; (o) providing for the control and regulation of agreements entered into by producers of apples with persons engaged in marketing or processing apples and the prohibition of any provision or clause in such agreements; (p) requiring any person who produces apples to offer to sell and to sell the apples through the Apple Commission; and (q) providing for the making of agreements relating to the marketing of apples by or through the Apple Commission and prescribing the forms and terms and conditions of such agreements. R.R.O. 1990, Reg. 387, s. 14; O. Reg. 589/91, s. 5; O. Reg. 161/92, s. 1; O. Reg. 440/92, s. 2; O. Reg. 446/00, s. 2; O. Reg. 403/01, s. 1; O. Reg. 508/01, s. 1.
Powers of Apple Commission
15. The Apple Commission may impose such conditions upon a licence as the Apple Commission considers proper. R.R.O. 1990, Reg. 387, s. 15.
Powers of Apple Commission
16. (1) The Commission authorizes the Apple Commission to use any class of licence fees and other money payable to it for the purposes of paying the expenses of the Apple Commission, carrying out and enforcing the Act and the regulations and carrying out the purposes of the plan. R.R.O. 1990, Reg. 387, s. 16 (1). (2) The Commission authorizes the Apple Commission to establish a fund in connection with the plan for the payment of any money that may be required for the purposes mentioned in subsection (1). R.R.O. 1990, Reg. 387, s. 16 (2). Appointment of Agents
Appointment of Agents
17. The Commission authorizes the Apple Commission to appoint agents, to prescribe their duties and conditions of employment and to provide for their remuneration. R.R.O. 1990, Reg. 387, s. 17. Marketing by Apple Commission
Marketing by Apple Commission
18. (1) All apples shall be marketed by or through the Apple Commission. R.R.O. 1990, Reg. 387, s. 18 (1). (2) No person shall market apples except by or through the Apple Commission. R.R.O. 1990, Reg. 387, s. 18 (2).
Marketing by Apple Commission
19. The Commission vests in the Apple Commission the following powers: 1. To direct and control, by order or direction, either as principal or agent, the marketing of apples, including the times and places at which apples may be marketed. 2. To determine the quality of each class, variety, grade and size of apples that shall be marketed by each producer. 3. To prohibit the marketing of any class, variety, grade or size of apples. 4. To purchase or otherwise acquire such quantity or quantities of apples as the Apple Commission considers advisable. R.R.O. 1990, Reg. 387, s. 19.
Marketing by Apple Commission
20. The Commission vests in the Apple Commission the following powers: 1. To determine from time to time the price or prices that shall be paid for apples, or any class, variety, grade or size of apples, to persons engaged in the producing, marketing or processing of apples and to determine different prices for different parts of Ontario. 2. To require the price or prices payable or owing to any person for apples to be paid to or through the Apple Commission. 3. To collect from any person by suit in a court of competent jurisdiction the price or prices or any part thereof of apples owing to any person engaged in the producing, marketing or processing thereof. R.R.O. 1990, Reg. 387, s. 20.