Powers of Local Board
4. The Commission delegates to the local board its powers to make regulations with respect to tobacco, (a) providing for the licensing of any or all persons before commencing or continuing to engage in the producing or marketing of tobacco; (b) prescribing or providing for classes of licences and the imposition of terms and conditions on any class of licence; (c) prohibiting persons from engaging in the producing or marketing of tobacco 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 a licence 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 any provision of the Act, the regulations, the plan or any order or direction of the Commission, Director or local board or of a marketing agency of Canada; (e) providing for the imposition, amount, disposition and use of penalties where, after a hearing, the local board is of the opinion that the applicant or licensee has failed to comply with or has contravened any term or condition of a licence or any provision of the Act, the regulations, the plan or any order or direction of the local board; (f) providing for the fixing of licence fees and their payment by any or all persons producing or marketing tobacco and the collecting of the licence fees and their recovery by suit in a court of competent jurisdiction; (g) prescribing the form of licences; (h) providing for the exemption from any or all of the regulations, orders or directions under the plan of any class, variety or grade of tobacco, or any person or class of persons engaged in the producing or marketing of tobacco or any class, variety or grade of tobacco; (i) requiring and providing for the furnishing of security or proof of financial responsibility or of a performance bond by a person or class of persons engaged in the marketing of tobacco, and providing for the administration, forfeiture and disposition of any money or securities so furnished and the proceeds from them; (j) requiring any person who produces and processes tobacco to furnish to the local board statements of the amounts of tobacco that the person produced in any year and used for processing; (k) providing for the control and regulation of the producing of tobacco, including the times and places at which tobacco may be produced; (l) providing for the seizing, removing, destroying or otherwise disposing of any growing tobacco plants or tobacco produced or marketed in violation of the Act or the regulations and the retention or disposition by the local board of any of the proceeds of the sale thereof; (m) providing for the control and regulation of the marketing of tobacco, including the times and places at which tobacco may be marketed; (n) providing for the control and regulation of agreements entered into by producers of tobacco with persons engaged in marketing or processing tobacco, and the prohibition of any provision or clause in such agreements; (o) requiring any person who produces tobacco to offer to sell and to sell the tobacco through the local board; (p) prohibiting any person from processing, packing or packaging any tobacco that has not been sold by or through the local board; (q) providing for the regulating and the controlling of agreements entered into by producers of tobacco with persons engaged in marketing or processing tobacco, and the prohibition of any provision or clause in such agreements; and (r) providing for the making of agreements relating to the marketing of tobacco through the local board, and prescribing the forms and the terms and conditions of such agreements. R.R.O. 1990, Reg. 435, s. 4; O. Reg. 561/92, s.1.