O. Reg. 8/15: TENDER FRUIT - MARKETING

Link to law: http://www.ontario.ca/laws/regulation/r15008
Published: 2015-01-14

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ontario regulation 8/15

made under the

Farm Products Marketing Act

Made: December 10, 2014
Filed: January 14, 2015
Published on e-Laws: January 14, 2015
Printed in The Ontario Gazette: January 31, 2015


Amending Reg. 433 of R.R.O. 1990

(TENDER FRUIT - MARKETING)

1. (1) The definition of “local board” in section 1 of Regulation 433 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

“local board” means the Ontario Tender Fruit Growers; (“commission locale”)

(2) The definition of “plan” in section 1 of the Regulation is revoked and the following substituted:


“plan” means the Ontario Tender Fruit Growers’ Marketing Plan; (“plan”)

2. (1) The French version of clause 7 (d) of the Regulation is amended by striking out “paiements immédiats” and substituting “paiements rapides”.

(2) The French version of clause 7 (j) of the Regulation is revoked and the following substituted:

(j) exiger et prévoir que toute personne ou catégorie de personnes se livrant à la commercialisation des fruits tendres fournisse une sûreté, une preuve de solvabilité ou un cautionnement d'exécution et prévoir l'administration, la confiscation et l'emploi des sommes ou des sûretés concernées et de leur produit;

(3) Section 7 of the Regulation is amended by adding the following clause:

  (l.1) subject to section 14, providing for the establishment, in respect of the processing of one or more types of tender fruit, of one or more advisory committees that may be empowered to advise and make recommendations to the local board or to the processors of the particular type of tender fruit in respect of,

i. the promotion of harmonious relationships between persons engaged in the production and marketing of the particular tender fruit,

ii. the promotion of greater efficiency in the production and marketing of the particular tender fruit,

iii. the prevention and correction of irregularities and inequities in the marketing of the particular tender fruit,

iv. the improvement of the quality and variety of the particular tender fruit,

v. the improvement of the circulation of market information respecting the particular tender fruit, and

vi. any matter in respect of which the Commission or the local board is empowered to make regulations under the Act as they relate to the particular tender fruit;

3. Section 13 of the Regulation is revoked and the following substituted:

13. (1) The advisory committee established under the name “Fresh Market Advisory Committee” is continued under the same name in English and under the name “Comité consultatif sur les fruits à consommer en frais” in French.

(2) The Fresh Market Advisory Committee is empowered, respecting tender fruit that is sold for a purpose other than processing, to advise and make recommendations to the local board or to the Canadian Produce Marketing Association in respect of,

(a)   the promotion of harmonious relationships between persons engaged in the marketing of tender fruit;

(b)   the promotion of greater efficiency in the production and marketing of tender fruit;

(c)   the prevention and correction of irregularities and inequities in the marketing of tender fruit;

(d)   the improvement of the quality and variety of tender fruit;

(e)   the improvement of the circulation of market information respecting tender fruit; and

(f)   any matter in respect of which the Commission or the local board is empowered to make regulations under the Act.

(3) After April 1 and before May 15 in each year, appointments shall be made to the Fresh Market Advisory Committee as follows:

1. The chair and three producer members shall be appointed by the local board.

2. One member shall be appointed by each dealer-shipper that is a party to a dealer-shipper agreement with the local board.

(4) Members of the Fresh Market Advisory Committee remain members until the day before the first meeting of the committee in the year following the year in which they are appointed.

(5) If for any reason a member of the Fresh Market Advisory Committee is unable or unwilling to act, the body that appointed the member shall appoint a person to replace the member for the remainder of the member’s term.

14. (1) If the local board makes a regulation under clause 7 (l.1) establishing a processing advisory committee for a particular type of tender fruit, appointments shall be made to that committee in accordance with the following rules:

1. A processing advisory committee shall consist of a chair and no more than eight other members.

2. The local board shall appoint the chair and three producer members.

3. Each processor of the particular type of tender fruit shall appoint one member to the advisory committee or, if there are more than five processors of that type of tender fruit, the local board may appoint up to five members from among the nominees recommended by the processors of that type of tender fruit.

4. Appointments shall be made,

i. in the case of a newly established processing advisory committee, within 14 days after the local board establishes the committee, or

ii. in the case of any other processing advisory committee, within 14 days after the first meeting of the local board after elections to the local board.

(2) Members of a processing advisory committee remain members until the day before the first meeting of that advisory committee in the year following the year in which they are appointed or until the local board dissolves that advisory committee, whichever is earlier.

(3) If for any reason a member of a processing advisory committee is unable or unwilling to act, the body that appointed the member shall appoint a person to replace the member for the remainder of the member’s term.

Commencement

4. This Regulation comes into force on the later of January 1, 2015 and the day it is filed.

Made by:
Pris par :

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

Geri Kamenz

Chair

Mike Relf

Secretary

Date made: December 10, 2104.
Pris le : 10 décembre 2014.

 

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