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ontario regulation 494/05

made under the

farm products marketing act

Made: September 15, 2005
Filed: September 20, 2005
Printed in The Ontario Gazette: October 8, 2005


Amending Reg. 402 of R.R.O. 1990

(Chickens — Marketing)

1. (1) Subsection 17 (4) of Regulation 402 of the Revised Regulations of Ontario, 1990 is amended by striking out “every two quota periods” and substituting “every quota period”.

(2) Subsection 17 (5) of the Regulation is amended by striking out “at least 23 weeks before the beginning of the first of the quota periods” and substituting “at least eight weeks before the beginning of the quota period”.

2. (1) Subsections 18 (2) and (3) of the Regulation are revoked and the following substituted:

(2) The chick price and feed price components of the minimum live price for chickens as described in the Schedule shall be negotiated every quota period fixed by the local board.

(3) The producer margin component of the minimum live price for chickens as described in the Schedule shall be negotiated once every six quota periods fixed by the local board.

(2) Subsection 18 (5) of the Regulation is revoked and the following substituted:

(5) If the producer margin is renegotiated in accordance with subsection (4), any renegotiated producer margin shall take effect on the first day of the next quota period and shall remain in effect for the balance of the six quota periods set out in subsection (3).

(5.1) A negotiation under subsection (2), (3) or (4) shall be conducted in accordance with the formula for minimum live prices for chickens in the Schedule.

3. Sections 19 and 20 of the Regulation are revoked and the following substituted:

Arbitration

19. (1) If the negotiating agency does not arrive at an agreement under subsection 18 (2), (3) or (4) by 4 p.m. on the day specified in subsection (2), or decides before that date that an agreement cannot be reached, it shall submit in writing to the Commission,

(a) a signed agreement concerning any matters agreed to in relation to the relevant negotiation; and

(b) a statement of the final position of each of the parties on each matter in dispute.

(2) The day referred to in subsection (1) is,

(a) in the case of a negotiation under subsection 18 (2), the day that is three weeks before the beginning of the quota period;

(b) in the case of a negotiation under subsection 18 (3), the day that is seven weeks before the beginning of the first of the six quota periods set out in that subsection; or

(c) in the case of a negotiation under subsection 18 (4), the day that is seven weeks before the beginning of the next quota period.

(3) The Commission shall refer the matters in dispute in a negotiation under subsection 18 (2), (3) or (4), as the case may be, to an arbitration board.

(4) An arbitration board shall be composed of one member, who shall be appointed by the members of the negotiating agency.

(5) The Commission shall appoint the member of an arbitration board if he or she has not been appointed,

(a) in the case of an arbitration relating to a negotiation under subsection 18 (2), at least two weeks before the beginning of the quota period;

(b) in the case of an arbitration relating to a negotiation under subsection 18 (3), at least six weeks before the beginning of the first of the six quota periods; or

(c) in the case of an arbitration relating to a negotiation under subsection 18 (4), at least six weeks before the beginning of the next quota period.

(6) If the member of an arbitration board dies, resigns or is unable or unwilling to act before he or she has made an award, the negotiating agency or the Commission, as the case may be, shall appoint a new member and the new member shall continue and complete the arbitration.

(7) An arbitration board shall make its award by 4 p.m. on the day specified in subsection (8) by selecting, without modification, one of the final positions on each matter submitted by the parties, and shall provide written reasons for the selection before the beginning of the next quota period.

(8) The day referred to in subsection (7) is,

(a) in the case of an arbitration relating to a negotiation under subsection 18 (2), the day that is one week before the beginning of the quota period;

(b) in the case of an arbitration relating to a negotiation under subsection 18 (3), the day that is two weeks before the beginning of the first of the six quota periods; or

(c) in the case of an arbitration relating to a negotiation under subsection 18 (4), the day that is two weeks before the beginning of the next quota period.

(9) An arbitration board shall not make an award under subsection (7) if the parties reach an agreement on all matters in dispute and inform the board of that fact before an award is made.

(10) In an award or agreement made under this section in relation to a negotiation under subsection 18 (4), any revised or renegotiated producer margin shall take effect on the first day of the next quota period and shall remain in effect for the balance of the six quota periods.

(11) Every arbitration shall be conducted in accordance with the formula for minimum live prices for chickens in the Schedule.

Made by:
Pris par :

Ontario Farm Products Marketing Commission:
Commission de commercialisation des produits agricoles de l’Ontario :

Dave Hope

Chair
Président

Gloria Marco Borys

Secretary
Secrétaire

Date made: September 15, 2005.
Pris le : 15 septembre 2005.

 

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