O. Reg. 424/11: VEGETABLES FOR PROCESSING - MARKETING


Published: 2011-08-31

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ontario regulation 424/11

made under the

Farm products marketing act

Made: August 30, 2011
Filed: August 31, 2011
Published on e-Laws: September 6, 2011
Printed in The Ontario Gazette: September 17, 2011


Amending Reg. 440 of R.R.O. 1990

(Vegetables for Processing — Marketing)

1. (1) Subsection 1 (1) of Regulation 440 of the Revised Regulations of Ontario, 1990 is amended by adding the following definitions:

“Association” means the Ontario Fruit and Vegetable Processors’ Association; (“Association”)

“green shipper” means any person who buys or acquires cucumbers or peppers from producers for the purpose of selling them to processors, and who may, before selling the cucumbers or peppers to a processor,

(a) clean and separate them,

(b) in the case of cucumbers, brine them to extend their storage life,

(c) inspect them, or

(d) sort them by size, grade, class or variety; (“expéditeur vert”)

(2) Section 1 of the Regulation is amended by adding the following subsections:

(3) If a person is both a processor and a green shipper of cucumbers,

(a) the person is deemed not to be a green shipper of cucumbers for the purposes of this Regulation; and

(b) all purchases or sales of cucumbers carried out by the person, whether for processing or green shipping purposes, shall be deemed to be purchases or sales carried out by a processor for the purposes of this Regulation.

(4) If a person is both a processor and a green shipper of peppers,

(a) the person is deemed not to be a green shipper of peppers for the purposes of this Regulation; and

(b) all purchases or sales of peppers carried out by the person, whether for processing or green shipping purposes, shall be deemed to be purchases or sales carried out by a processor for the purposes of this Regulation.

2. (1) The French version of subsection 7 (1) of the Regulation is amended by striking out “d’un transformateur la constitution d’un cautionnement ou d’une preuve de solvabilité” and substituting “qu’un transformateur fournisse une sûreté ou un cautionnement d’exécution”.

(2) The French version of subsection 7 (2) of the Regulation is amended by striking out “le cautionnement ou la preuve de solvabilité si le transformateur qui l’a constitué” and substituting “la sûreté ou le cautionnement d’exécution si le transformateur qui l’a fourni”.

3. The French version of subsection 8 (1) of the Regulation is revoked and the following substituted:

(1) Si une pénalité est imposée en vertu de l’article 6 ou qu’une sûreté ou un cautionnement d’exécution est confisqué en vertu du paragraphe 7 (2), la Commission verse la pénalité ou le produit de la sûreté ou du cautionnement à la commission locale en vue d’une distribution proportionnelle entre les producteurs de légumes qui ont vendu des légumes au transformateur et qui n’ont pas reçu le prix minimum pour ceux-ci, jusqu’à concurrence du montant qui leur est dû.

4. Section 10 of the Regulation is amended by striking out “and” at the end of clause (n), by adding “and” at the end of clause (o) and by adding the following clause:

(p) requiring and providing for the furnishing of security or proof of financial responsibility or of a performance bond by persons engaged as green shippers in the marketing of cucumbers or peppers and providing for the administration, forfeiture and disposition of any money or securities so furnished and the proceeds therefrom.

5. The Regulation is amended by adding the following sections:

Negotiating Agencies

15.2 Every year, negotiating agencies shall be established in accordance with this Regulation to adopt or settle the following matters by agreement:

1. Minimum prices for vegetables, including any class, variety, grade or size of vegetables.

2. Terms, conditions and forms of agreements relating to the producing and marketing of vegetables.

3. Any charges, costs or expenses relating to the production or marketing of vegetables.

15.3 (1) For the purposes of adopting or settling by agreement matters described in section 15.2, every year,

(a) there shall be at least one round of negotiations conducted in accordance with sections 16 to 16.2; and

(b) there may be a second round of negotiations conducted in accordance with sections 17 and 18 and an additional round of negotiations conducted in accordance with section 19.

(2) Negotiating agencies shall be established for the purposes of each round of negotiations in the following manner:

1. The Association and the local board shall establish negotiating agencies for the purposes of the first round of negotiations in accordance with sections 16 and 16.1.

2. Negotiating agencies are constituted for the purposes of the second round of negotiations under section 17 and any additional round of negotiations under section 19.

15.4 (1) A negotiating agency for a vegetable shall be composed of the following parties:

1. The local board.

2. Every processor or green shipper of the vegetable that,

i. has been appointed by the Association under section 16 or by the local board under section 16.1 as a party to the negotiating agency for the purposes of the first round of negotiations, or

ii. is constituted as a party to the negotiating agency under section 17 or 19 for the purposes of the second round of negotiations or an additional round of negotiations.

(2) Subject to subsection (12), the parties to a negotiating agency shall appoint members to the agency who shall negotiate the matters described in section 15.2 on behalf of the parties.

(3) There shall be no more than 20 members of each negotiating agency and the members shall be appointed as follows:

1. A maximum of 10 individuals shall be appointed by the local board.

2. A maximum of 10 individuals shall be appointed either,

i. by the processor or green shipper, if only one processor or green shipper is a party to the agency, or

ii. jointly by the processors, if any, who are parties to the agency and the green shippers, if any, who are parties to the agency.

(4) The members of a negotiating agency shall be appointed within the time frame required for each round of negotiations under subsection 16.2 (1), 18 (1) or 19 (4), as the case may be.

(5) The parties who appoint the members to a negotiating agency shall give the Commission written notice of the appointments within the time frames referred to in subsection (4) and the notice shall include, for each appointee,

(a) his or her name; and

(b) his or her business address and phone number or, if there is no business address and phone number, his or her personal address and phone number.

(6) If members are appointed jointly to a negotiating agency under subparagraph 2 ii of subsection (3), the notice requirements in subsection (5) are met if notice is given jointly by the processors, if any, who are parties to the agency and the green shippers, if any, who are parties to the agency.

(7) If the local board or the other parties to a negotiating agency fail to appoint members to the agency or to give the Commission notice of the appointments within the time frame referred to in subsection (4), the Commission shall appoint such members as it deems appropriate to represent the local board or the other parties, as the case may be.

(8) The members of a negotiating agency appointed under this section shall be individuals and shall not be corporations or other entities.

(9) A member of a negotiating agency appointed under this section shall hold office from the time of his or her appointment until the earlier of,

(a) the day a successor is appointed; or

(b) January 15 of the year following the year in respect of which he or she was appointed.

(10) If a member appointed to a negotiating agency becomes unable or unwilling to act before negotiations end under subsection 16.2 (2), 18 (5) or 19 (6), as the case may be, the party or parties who appointed the member under subsection (3) shall, no later than the seventh day after the vacancy arises,

(a) appoint an individual as a replacement; and

(b) give written notice to the Commission of,

(i) the replacement’s name, and

(ii) the replacement’s business address and phone number or, if he or she does not have a business address and phone number, his or her personal address and phone number.

(11) If the Commission does not receive notice of a replacement within the time specified under subsection (10), the Commission may appoint the replacement.

(12) The parties to a negotiating agency constituted for the purposes of the second round of negotiations are not required to appoint members to the agency if they opt not to negotiate their own agreement under subsection 17 (3).

6. Section 16 of the Regulation is revoked and the following substituted:

First Round of Negotiations

16. (1) For the purpose of the first round of negotiations of agreements relating to the producing and marketing of vegetables in any given year, the Association may establish the following number of negotiating agencies on or before the date specified in subsection (5):

1. One negotiating agency for each vegetable, subject to paragraphs 2 and 3.

2. A maximum of two negotiating agencies for cauliflowers and for peppers.

3. A maximum of three negotiating agencies for tomatoes.

(2) In establishing a negotiating agency for a vegetable, the Association shall determine which processors and green shippers of the vegetable to appoint as parties to the agency.

(3) The Association may appoint as parties to a negotiating agency,

(a) in the case of a negotiating agency for a vegetable other than cucumbers or peppers, one or more processors of the vegetable; and

(b) in the case of a negotiating agency for cucumbers or peppers,

(i) one or more processors, but no green shippers,

(ii) one or more green shippers, but no processors, or

(iii) a combination of one or more processors and one or more green shippers of the vegetable.

(4) On or before the date specified in subsection (5) in any given year, the Association shall,

(a) give the local board and the Commission written notice of every negotiating agency that it has established for the year, together with the name and business address and phone number of each processor and green shipper that it has appointed as a party to the agency; and

(b) give written notice of their appointment to each processor and green shipper appointed as a party to a negotiating agency in the year, together with the name and business address and phone number of any other processor and green shipper appointed as a party to the same negotiating agency.

(5) The Association shall establish negotiating agencies under this section and give the notices required under subsection (4),

(a) in the case of a negotiating agency established for cucumbers, on or before October 1 of any given year; and

(b) in the case of any other negotiating agency, on or before November 23 of any given year.

16.1 (1) After the Association has established negotiating agencies for a given year under section 16, the local board may establish in accordance with this section additional negotiating agencies for the purposes of the first round of negotiations of agreements relating to the producing and marketing of vegetables for the same year.

(2) Any processor or green shipper of a vegetable that has not been appointed as a party to a negotiating agency established by the Association under section 16 may be appointed by the local board as a party to a negotiating agency.

(3) For each negotiating agency that it establishes, the local board may appoint as parties to the agency no more than,

(a) in the case of a negotiating agency for a vegetable other than cucumber and peppers, a single processor; and

(b) in the case of a negotiating agency for cucumbers or peppers,

(i) a single processor, or

(ii) a single green shipper.

(4) On or before the date specified in subsection (5) in any given year, the local board shall,

(a) give the Association and the Commission written notice of every negotiating agency that it has established for the year, together with the name and business address and phone number of each processor and green shipper that it has appointed as a party to the agency; and

(b) give written notice of their appointment to each processor and green shipper appointed as a party to a negotiating agency in the year.

(5) The local board shall establish negotiating agencies and give the notices required under subsection (4),

(a) in the case of a negotiating agency established for cucumbers, on or before October 22 of any given year; and

(b) in the case of any other negotiating agency, on or before December 15 of any given year.

16.2 (1) The parties to a negotiating agency established under section 16 or 16.1 shall appoint the members to conduct negotiations on their behalf on or before,

(a) in the case of a negotiating agency for cucumbers, November 15 of each year; and

(b) in the case of a negotiating agency for any other vegetable, January 15 of each year.

(2) The first round of negotiations ends at 4:00 p.m. on the day set out in Column II of the Schedule to this Regulation or such earlier time at which an agreement is reached.

7. Sections 17 and 18 of the Regulation are revoked and the following substituted:

Second Round of Negotiations

17. (1) After the end of the first round of negotiations, the local board, together with each processor and each green shipper of a vegetable that was not a party to a negotiating agency established for that vegetable for the purposes of the first round of negotiations, is constituted as a separate negotiating agency for that vegetable for the purposes of the second round of negotiations.

(2) On or before the day specified for the relevant vegetable in Column III of the Schedule to this Regulation, the local board shall send one of the following documents to every processor and green shipper who is a party to a negotiating agency constituted under subsection (1):

1. A proposed agreement relating to the producing or marketing of the relevant vegetable.

2. A notice of intent to negotiate.

(3) On or before the day specified for the relevant vegetable in Column IV of the Schedule to this Regulation, a processor or green shipper of a vegetable who receives a document from the local board under subsection (2) shall reply to the local board in one of the following ways:

1. By sending the local board and the Commission a written notice of intent to negotiate.

2. By advising the local board in writing of its agreement to be bound by one of the agreements that are or will be concluded, or one of the awards that are or will be made, as the case may be, for the relevant vegetable in the first round of negotiations.

3. If the document received was a proposed agreement, by signing and returning the agreement to the local board.

(4) Paragraph 2 of subsection (3) does not apply to processors of tomatoes.

18. (1) If a processor or green shipper of a vegetable gives the local board a notice of intent to negotiate under paragraph 1 of subsection 17 (3), the local board and either the processor or green shipper, as the case may be, shall appoint members to the agency in accordance with section 15.4 within two days after the applicable day set out in Column IV of the Schedule to this Regulation.

(2) If a processor or green shipper of a vegetable has received a document from the local board under subsection 17 (2) and fails to reply to it in accordance with subsection 17 (3), the local board may impose on the processor or green shipper one of the agreements that are or will be concluded, or one of the awards that are or will be made, as the case may be, for the relevant vegetable in the first round of negotiations.

(3) An agreement or award imposed under subsection (2) is not valid unless the local board notifies the processor or green shipper of the agreement or award not later than three days before the day set out in Column V of the Schedule to this Regulation.

(4) An agreement or award adopted under paragraph 2 of subsection 17 (3) or imposed under subsection (2) shall be deemed to be an agreement or award for the purposes of subsection 7 (4) of the Act.

(5) The second round of negotiations ends at 4:00 p.m. on the day set out in Column V of the Schedule to this Regulation or such earlier time at which an agreement is reached.

8. Section 19 of the Regulation is revoked and the following substituted:

Additional Negotiations

19. (1) If a processor or green shipper of a vegetable was not a party to a negotiating agency for that vegetable for the purposes of the first or second round of negotiations after the day set out in Column V of the Schedule to this Regulation, the local board shall,

(a) impose an agreement or award for that vegetable on the processor or green shipper; or

(b) notify the processor or green shipper and the Commission in writing of its intention to negotiate.

(2) If a processor or green shipper receives a notice of intent to negotiate from the local board, the local board and either the processor or green shipper, as the case may be, are constituted as a negotiating agency for that vegetable for the purposes of the additional round of negotiations for the year in question. 

(3) The parties to a negotiating agency constituted under subsection (2) shall appoint members to the agency in accordance with section 15.4.

(4) The Commission shall determine the deadline date for,

(a) the appointment of members to a negotiating agency by the parties under subsection (3); and

(b) the conclusion of negotiations by a negotiating agency constituted under subsection (2).

(5) An agreement or award imposed under clause (1) (a) shall be deemed to be an agreement or award for the purposes of subsection 7 (4) of the Act.

(6) A round of negotiations under this section ends at 4:00 p.m. on the day determined by the Commission under clause (4) (b) or such earlier time at which an agreement is reached.

9. (1) The heading before section 20 of the Regulation is revoked and the following substituted:

Conciliation and Arbitration

(2) Subsections 20 (1) and (2) of the Regulation are revoked and the following substituted:

(1) A negotiating agency for a vegetable may refer matters to conciliation in accordance with this section at any time,

(a) in the case of a negotiating agency established for the purposes of the first round of negotiations, before the date set out in Column II of the Schedule to this Regulation;

(b) in the case of a negotiating agency constituted for the purposes of the second round of negotiations, before the date set out in Column V of the Schedule to this Regulation; and

(c) in the case of a negotiating agency constituted for any additional round of negotiations, before the date for conclusion of negotiations determined by the Commission under subsection 19 (4).

(2) The Commission shall appoint a conciliator acceptable to all members of the negotiating agency.

10. (1) Subsections 21 (1) and (2) of the Regulation are revoked and the following substituted:

(1) A negotiating agency shall immediately notify the Commission in writing if the negotiating agency has not arrived at a comprehensive settlement of matters set out in section 15.2,

(a) in the case of a negotiating agency established for the purposes of the first round of negotiations, by 4:00 p.m. on the date set out in Column II of the Schedule to this Regulation;

(b) in the case of a negotiating agency constituted for the purposes of the second round of negotiations, by 4:00 p.m. on the date set out in Column V of the Schedule to this Regulation; and

(c) in the case of a negotiating agency constituted for any additional round of negotiations, by 4:00 p.m. on the date determined by the Commission under subsection 19 (4).

(2) The notice referred to in subsection (1) shall be accompanied by,

(a) one or more statements of the matters in dispute;

(b) a statement of the final position of the members of the negotiating agency who were appointed by the local board; and

(c) a statement of the final position of the members of the negotiating agency who were appointed under paragraph 2 of subsection 15.4 (3).

(2) Subsections 21 (7) and (8) of the Regulation are revoked and the following substituted:

(7) If the members of a negotiating agency cannot agree on the members of the arbitration board within 48 hours after the relevant deadline date set out in subsection (1), the Commission shall appoint the arbitration board.

(8) If a member of an arbitration board dies, resigns or becomes unable to act before the arbitration board has made an award, the vacancy shall be filled by the Commission and the arbitration shall be continued and completed by the arbitration board as newly constituted.

(3) Subsection 21 (9.2) of the Regulation is revoked and the following substituted:

(9.2) If the parties to an arbitration reach an agreement on all matters before an award is made,

(a) the arbitration board shall not make an award; and

(b) the agreement reached by the parties to the arbitration shall be deemed to be an agreement for the purposes of subsection 7 (4) of the Act.

(4) Subsection 21 (10) of the Regulation is revoked and the following substituted:

(10) Subject to subsection (9.1), an arbitration board shall, in making an award, select without modification one of the statements of final position filed with the Commission under subsection (2), except that, if the parties to an arbitration agree, the arbitration board may make individual awards with respect to one or more matters in dispute by selecting the position set out on the matter or matters in one of the statements of final position.

(5) Subsection 21 (11) of the Regulation is amended by,

(a) striking out “Si seulement une déclaration de position finale a été déposée” at the beginning of the French version and substituting “Si seulement un exposé de la position finale a été déposé”;

(b) striking out “subsection (5)” and substituting “subsection (10)”; and

(c) striking out “la déclaration comme sentence” at the end of the French version and substituting “l’exposé comme sentence”.

11. The Regulation is amended by adding the following section:

22. (1) For the purposes of sections 15.3 to 21, if something is required to be done on or before a day specified in this Regulation that is not a business day in a particular year, the thing must be done on or before the next business day.

(2) In this section,

“business day” means a day that is not,

(a) Saturday, or

(b) a holiday within the meaning of section 88 of the Legislation Act, 2006.

12. The Schedule to the Regulation is revoked and the following substituted:

Schedule

 


Item


Column I


Column II


Column III


Column IV


Column V

 



 


Vegetable


Initial Round Deadline


Local Board Offer Deadline


Processor or Green Shipper Determination Deadline


Second Round Deadline

 



1.


Cucumbers


December 5


December 15


December 31


January 7




2.


Peas


February 15


February 24


March 3


March 15




3.


Sweet Corn


February 22


March 3


March 13


March 22




4.


Tomatoes


March 1


March 13


March 20


April 1




5.


Carrots


March 6


March 13


March 23


March 29




6.


Cabbage


March 7


March 14


March 21


March 28




7.


Peppers


March 8


March 15


March 22


March 29




8.


Beets


March 19


March 26


April 2


April 9




9.


Cauliflower


March 19


March 26


April 2


April 9




10.


Green and Waxed Beans


March 21


March 28


April 4


April 11




11.


Lima Beans


March 22


March 29


April 5


April 12




12.


Pumpkin and Squash


March 22


March 29


April 5


April 12




 

Commencement

13. This Regulation comes into force on the day it is filed.

Made by:
Pris par :

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

Secrétaire de la Commission de commercialisation des produits agricoles de l’Ontario

George McCaw

Secretary of the Ontario Farm Products Marketing Commission

Président de la Commission de commercialisation des produits agricoles de l’Ontario

Geri Kamenz

Chair of the Ontario Farm Products Marketing Commission

Date made: August 30, 2011
Pris le : 30 août 2011.

 

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