R.R.O. 1990, Reg. 370: FRESH MARKET POTATO STABILIZATION, 1989-1992-PLAN"

R.R.O. 1990, Reg. 370: FRESH MARKET POTATO STABILIZATION, 1989-1992-PLAN, Farm Income Stabilization Act, R.S.O. 1990, c. F.5

Farm Income Stabilization Act
Loi sur la stabilisation des revenus agricoles

REGULATION 370

Amended to S.O., 2006, c. 19, Sched. A, s. 44

FRESH MARKET POTATO STABILIZATION, 1989-1992—PLAN

Note: This Regulation became spent some time before January 1, 2004.

Note: This Regulation was revoked on June 22, 2006. See: S.O., 2006, c. 19, Sched. A, s. 44.

This Regulation is made in English only.

1. In this Regulation,

“board” means The Ontario Fresh Potato Growers’ Marketing Board established under the Farm Products Marketing Act;

“plan” means the plan established under section 2;

“potatoes” means potatoes produced in Ontario and marketed during the term referred to in section 3;

“production unit” means,

(a) one or more farms operated by a person, or

(b) one or more farms operated by two or more persons who have a common interest in the outcome of the operation;

“sales year” means a period from the 1st day of July to the 30th day of June in the next year. R.R.O. 1990, Reg. 370, s. 1.

2. There is hereby established a voluntary plan for farm income stabilization for potatoes to be known as the “Ontario Fresh Market Potato Stabilization Plan, 1989-1992”. R.R.O. 1990, Reg. 370, s. 2.

3. (1) The term for this plan is three sales years with the first sales year commencing in 1989.

(2) The plan ceases to apply as soon as a plan for potatoes is established under the National Tripartite Stabilization Plan, implemented by agreement between the Minister of Agriculture for Canada and the Ontario Minister of Agriculture and Food and authorized in Ontario by Order in Council. R.R.O. 1990, Reg. 370, s. 3.

4. (1) An application for enrolment in the plan may be made to the Commission by,

(a) the owner and operator of a farm on which potatoes are produced;

(b) the tenant and operator of a farm on which potatoes are produced;

(2) An application under subsection (1) shall be made for sales years commencing in 1989, 1990 or 1991 by a date in each sales year determined by the Commission. R.R.O. 1990, Reg. 370, s. 4.

5. It is a condition of continued enrolment in the plan that each person enrolled,

(a) retain and, at the request of the Commission, make available to the Commission or its agent all sales and weigh receipts, signed by the buyer and the seller, conforming to the records of the board through which the potatoes are marketed, in respect of all potatoes for which payment is claimed under the plan;

(b) maintain a record of all potatoes sold that includes the names of the buying agent and seller, the date of the sale, the date and location of the delivery, the quantity and the price;

(c) after each sales year, complete and file with the Commission, on a form provided by the Commission for that purpose, a sales report for that year which includes the total actual sales in hundredweight of all potatoes to which the plan applies;

(d) disclose to the Commission the name and address of every person engaged in the operation of the production unit;

(e) be the grower of the potatoes in respect of which payment is claimed under the plan;

(f) market the potatoes during the sales year for which payment is claimed; and

(g) pay licence fees to the board by the 30th day of July in each sales year for all potatoes in respect of which an application for payment is made. R.R.O. 1990, Reg. 370, s. 5.

5.1 For the 1990 crop sales year for potatoes,

(a) the base price is $6.52 per hundredweight;

(b) the stabilization price is $6.62 per hundredweight; and

5.2 For the 1991 crop sales year for potatoes,

(a) the base price is $7.09 per hundredweight;

(b) the stabilization price is $7.19 per hundredweight;

6. (1) The index to be used in any year in calculating the stabilization price of potatoes under clause 6 (1) (e) of the Act shall be the difference determined by subtracting from the cash-cost of producing the potatoes in that year the average cash-cost of producing potatoes for the immediately preceding five years.

(2) The stabilization price in any year for potatoes under this plan equals 95 per cent of the base price determined by the Commission added to the index for that year. R.R.O. 1990, Reg. 370, s. 6.

7. A claim for payment under this plan shall be made not later than two years after the expiration of the sales year in respect of which the claim is made. R.R.O. 1990, Reg. 370, s. 7.

8. Payments under this plan shall be made not later than one year after the receipt of an eligible claim for payment. R.R.O. 1990, Reg. 370, s. 8.

9. Every payment under the plan to a person who was eligible for enrolment for a sales year commencing in 1989 but whose application is made in the sales year commencing in 1990 or 1991 shall be reduced by 20 per cent. R.R.O. 1990, Reg. 370, s. 9.

10. (1) Five acres of potatoes produced and marketed by a production unit in a sales year is prescribed as the minimum level of marketing necessary by a person to be enrolled in the plan and to continue to be enrolled in the plan.

(2) Forty-eight thousand hundredweight of potatoes produced and marketed by a production unit in a sales year is prescribed as the maximum level of marketing for which a person enrolled in the plan is eligible to receive payments under the plan.

(3) A person enrolled in the plan shall only be paid for potatoes marketed through the board and for which all licence fees have been paid by the 30th day of July of each sales year. R.R.O. 1990, Reg. 370, s. 10.

11. Fees payable to the Commission by a production unit,

(a) are payable when the Commission makes a payment under the plan to the production unit; and

(b) shall be deducted from any payment payable under the plan by the Commission to the production unit. R.R.O. 1990, Reg. 370, s. 11.