O. Reg. 428/17: BERRIES - MARKETING

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Farm Products Marketing Act

ONTARIO REGULATION 428/17

BERRIES - MARKETING

Consolidation Period:  From November 15, 2017 to the e-Laws currency date.

No amendments.

This is the English version of a bilingual regulation.

General

1. In this Regulation,

“berries” means blueberries, raspberries or strawberries produced in Ontario; (“petits fruits”)

“local board” means the Berry Growers of Ontario established under subsection 3 (1) of Ontario Regulation 383/17 (Berries — Plan), made under the Act; (“commission locale”)

“plan” means the plan set out in Ontario Regulation 383/17 (Berries — Plan), made under the Act; (“plan”)

“producer” means a person engaged in the production of two or more acres of berries. (“producteur”)

Purpose

2. This Regulation provides for the control and regulation of the producing and marketing of berries produced by a managed production system in Ontario, including the prohibition of such producing and marketing in whole or in part.

Powers of local board

3. The Commission delegates to the local board the power,

(a) to require persons engaged in producing or marketing berries to register the business contact information and a description of the business with the local board;

(b) to require persons engaged in producing or marketing berries to furnish such information relating to the producing or marketing of berries, including the filing of completed returns, as the local board determines;

(c) to appoint persons to,

(i) inspect the books, records, documents, lands and premises and any berries of persons engaged in producing or marketing berries,

(ii) enter on land or premises used for the producing of berries and measure the area of land used to produce the berries, and

(iii) inspect any growing plants or development in the producing of berries;

(d) to stimulate, increase and improve the marketing of berries by such means as it considers proper;

(e) to co-operate with a marketing board, local board, marketing commission or marketing agency of Canada or of any province of Canada for the purpose of marketing berries; and

(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 provisions of the Act, the regulations and the plan.

Powers of local board to make regulations

4. (1) The Commission delegates to the local board its powers to make regulations with respect to berries,

(a) providing for the licensing of any or all persons before commencing or continuing to engage in the producing or marketing of berries;

(b) prescribing or providing for classes of licences and the imposition of terms and conditions on any class of licence;

(c) providing that the local board may impose such terms and conditions on a licence as the local board considers proper;

(d) prohibiting persons from engaging in the producing of berries except under the authority of a licence and except in compliance with the terms and conditions of the licence, and prohibiting producers from engaging in the marketing of berries except under the authority of a licence and except in compliance with the terms and conditions of the licence;

(e) providing for the refusal to grant or renew or the suspension or revocation of a licence where the applicant or licensee,

(i) 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) 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 or local board;

(f) 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 the licence or any provision of the Act or regulations, the plan or any order or direction of the Commission or local board;

(g) providing for the fixing, payment and collection of licence fees and their recovery by way of a legal proceeding;

(h) prescribing the form of licences;

(i) providing for the exemption from any or all of the regulations, orders or directions under the plan of,

(i) any class, variety, grade or size of berries, or

(ii) any person or class of persons engaged in the producing or marketing of berries or any class, variety, grade or size of berries;

(j) authorizing the fixing of prompt payment discounts, delayed payment penalties and interest on licence fees owing by any person engaged in the producing or marketing of berries;

(k) providing for the making of such orders and the issuing of such directions as are necessary to ensure compliance with the Act, the regulations, the plan or any order or direction of the local board.

(2) If the local board makes a regulation pursuant to the delegation under subsection (1) or amends a regulation that was made pursuant to the delegation under subsection (1), the local board shall file with the Commission a true copy of the proposed regulation or amendment at least 30 days before the earliest day on which any provision of the regulation or amendment takes effect.

(3) A proposed regulation or amendment may take effect less than 30 days after the local board files a true copy with the Commission if the Commission decides on a lesser time and communicates that to the local board.

Expenses of local board

5. (1) The local board may use the licence fees and any other money payable to it for the purposes of paying the expenses of the local board, carrying out and enforcing the Act and the regulations and carrying out the purposes of the plan.

(2) The local board may 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).

Berry Industry Advisory Committee

6. (1) In this section,

“retailer” means a person in Ontario engaged in the retail selling of berries.

(2) An advisory committee is hereby established under the name “Berry Industry Advisory Committee” in English and “Comité consultatif de l’industrie des petits fruits” in French.

(3) The Advisory Committee shall be composed of a chair and at least five other members to be appointed as follows:

1. The Commission shall appoint the chair.

2. The local board shall appoint three members.

3. The Commission shall appoint two members who are retailers.

4. The Commission may appoint such additional members as it considers advisable.

(4) The members of the Advisory Committee shall be appointed after November 1 and on or before November 30 in each year and shall hold office from December 1 of that year until November 30 of the following year.

(5) If a member of the Advisory Committee appointed under paragraphs 1 to 3 of subsection (3) dies, resigns or is unable to act, the entity that appointed the member shall appoint a replacement member to fill the vacancy for the remainder of the member’s term.

(6) If a member of the Advisory Committee appointed under paragraph 4 of subsection (3) dies, resigns or is unable to act, the Commission may appoint a replacement member to fill the vacancy for the remainder of the member’s term.

(7) If the local board fails to appoint a member in any given year or to appoint a replacement member under subsection (5), the Commission may appoint the member or replacement member.

(8) The Advisory Committee has the power to advise and make recommendations to any of the entities referred to in subsection (3) in respect of,

(a) the promotion of harmonious relationships between persons engaged in the production and marketing of berries;

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

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

(d) the improvement of the quality and variety of berries;

(e) the improvement of the circulation of marketing information respecting berries; and

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

7. Omitted (provides for coming into force of provisions of this Regulation).

 

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