R.R.O. 1990, Reg. 371: GRAIN STABILIZATION, 1988-1990-PLAN"

R.R.O. 1990, Reg. 371: GRAIN STABILIZATION, 1988-1990-PLAN, Farm Income Stabilization Act, R.S.O. 1990, c. F.5

Farm Income Stabilization Act
Loi sur la stabilisation des revenus agricoles

REGULATION 371

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

GRAIN STABILIZATION, 1988-1990—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Note: This Regulation was revoked on June 22, 2006.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,

“grain” means,

(a) barley, canola, grain corn, oats, soybeans, spring wheat and winter wheat produced in Ontario and marketed during the term of the plan,

(b) popping corn produced in Ontario and grown under contract with a processor for commercial sale during the term of the plan, and

(c) seed-corn produced in Ontario and grown under contract with a dealer for commercial sale for seed purposes during the term of the plan;

“local board” means a local board established under the Farm Products Marketing Act;

“plan” means the plan established under section 2;

“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, in the opinion of the Commission, have a common interest in the outcome of the operation;

“sales year” means,

(a) in the case of grain corn, popping corn and seed-corn, during the first year of the plan, the period from the 1st day of September to the 30th day of September in the following year, and during the second and third years of the plan, the period from the 1st day of October to the 30th day of September in the following year,

(b) in the case of barley, oats and spring wheat, the period from the 1st day of August to the 31st day of July in the following year,

(c) in the case of canola and winter wheat, the period from the 1st day of July to the 30th day of June in the following year, and

(d) in the case of soybeans, the period from the 1st day of September to the 31st day of August in the following year. R.R.O. 1990, Reg. 371, s. 1.

2. There is hereby established a voluntary plan for farm income stabilization for grain to be known as the “Ontario Grain Stabilization Plan, 1988-1990”. R.R.O. 1990, Reg. 371, s. 2.

3. (1) The term of the plan for each grain is three sales years with the first sales year commencing in 1988.

(2) The plan ceases to apply to a grain when a plan established for the grain under the National Tripartite Stabilization Plan, implemented by agreement between the Minister of Agriculture for Canada and the Ontario Minister of Agriculture and authorized in Ontario by Order in Council, applies to the grain. R.R.O. 1990, Reg. 371, s. 3.

4. (1) A person may apply to the Commission to be enrolled in the plan if the person is,

(a) the owner and operator of a farm on which grain is produced;

(b) the tenant and operator of a farm on which grain is produced; or

(2) An application under subsection (1) shall be made,

(a) for a sales year commencing in 1988, on or before the 31st day of March, 1989;

(b) for a sales year commencing in 1989, on or before the 31st day of December, 1989; or

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

(a) retain and, at the request of the Commission, make available to the Commission or its agent, all sales and weight receipts signed by the buyer and the seller and conforming to the records of the local board, if any, through which the grain is marketed, in respect of every lot of grain for which payment is claimed under the plan;

(b) maintain a record of all barley, grain corn, oats and feed purchased during a sales year;

(c) maintain a record of all grain sold that includes the names of the buying agent and the seller, the date of the sale, the date and location of the delivery and, in respect of the grain sold, the quantity, the moisture content and the price;

(d) 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 sales year which includes,

(i) a list of all grains that the enrolled person has marketed,

(ii) the acreage covered by such grains, and

(iii) the total actual sales in tonnes of all grains to which the plan applies;

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

(f) be the grower of the grain in respect of which an application for payment is made; and

(g) market the grain during the sales year for which payment is claimed.

(2) A person ceases to be enrolled in the plan in respect of that quantity of barley, grain corn or oats which is marketed and replaced, as determined by the Commission, by purchases of grain or feed.

(3) A person enrolled in the plan who markets grain, the percentage moisture content of which exceeds the percentage moisture content set out for that grain in the Table, shall adjust and report the weight of the grain marketed at the weight that is equivalent to the same quantity of grain having the moisture content set out for that grain in the Table.

(4) A person submitting a report under clause (1) (d) in respect of popping corn or seed-corn shall convert every lot of such corn to the grain corn equivalent in accordance with clauses 7 (a) and (b) respectively. R.R.O. 1990, Reg. 371, s. 5.

5.1 The base price, stabilization price and farm product receipts per tonne for the grains and sales years indicated below are as follows:

	Grain	Sales Year	Base Price	Stabilization Price	Farm Product Receipts
1.	Canola	1988	$269.21	$333.90	$306.16
2.	Canola	1989	263.00	296.02	270.48
3.	Oats	1989	128.53	127.07	121.98
4.	Soybeans	1989	266.41	272.90	243.24
5.	Spring Wheat	1989	179.24	176.15	167.80
6.	Winter Wheat	1989	144.60	142.44	137.07
7.	Barley	1990	115.33	108.35	105.16
8.	Grain Corn	1990	117.53	107.61	106.28
9.	Oats	1990	120.60	108.56	101.17
10.	Soybeans	1990	259.55	245.45	230.45
11.	Spring Wheat	1990	175.18	168.07	116.35
12.	Winter Wheat	1990	141.23	126.77	112.76

O.Reg. 169/91, s. 1; O. Reg. 180/92, s. 1.

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

(2) The stabilization price in any year for a grain 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. 371, s. 6.

7. Payments under the plan by the Commission in respect of popping corn and seed-corn shall be determined according to their grain corn equivalent which shall be calculated,

(a) in the case of popping corn, by multiplying the total actual sales in tonnes of popping corn by 2.624; and

(b) in the case of seed-corn, by dividing the total market receipts for seed-corn submitted by the producer by the sum of the three-month Chatham Corn price and the premium negotiated by The Ontario Seed-Corn Growers’ Marketing Board on behalf of seed-corn producers. R.R.O. 1990, Reg. 371, s. 7.

8. 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. 371, s. 8.

9. 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. 371, s. 9.

10. Every payment under the plan to a person who was eligible for enrolment for a sales year commencing in 1988 but whose application is made under clause 4 (2) (c) shall be reduced by 20 per cent. R.R.O. 1990, Reg. 371, s. 10.

11. (1) Three tonnes of grain produced and marketed by a production unit in a sales year is prescribed as the minimum level of marketing necessary by a person enrolled in the plan to continue to be enrolled in the plan.

(2) Five thousand tonnes of grain 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. R.R.O. 1990, Reg. 371, s. 11.

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

(a) are payable when a payment is made by the Commission 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. 371, s. 12.

TABLE

Grain

Percentage

Moisture

Content

Barley

Canola

Corn

Oats

Soybeans

Wheat

14.9

10.0

15.5

14.1

13.0

14.5

R.R.O. 1990, Reg. 371, Table.