O. Reg. 442/04: Potatoes - Marketing

 

ontario regulation 442/04

made under the

Farm products marketing act

Made: December 16, 2004
Filed: December 23, 2004
Printed in The Ontario Gazette: January 8, 2005

Amending O. Reg. 247/99

(Potatoes — Marketing)

1. Clause (a) of the definition of “processing” in section 2 of Ontario Regulation 247/99 is amended by striking out “freezing or processing” and substituting “freezing, peeling or processing”.

2. Paragraph 1 of section 18 of the Regulation is revoked and the following substituted:

1. The capital may be invested only in investments that are referred to in subsection 16 (1) of Regulation 400 of the Revised Regulations of Ontario, 1990 (By-laws for Local Boards) made under the Act and that are in other respects reasonable and proper.

3. Sections 19, 20, 21 and 22 of the Regulation are revoked and the following substituted:

19. (1) Negotiating agencies shall be established in accordance with section 21 for the purpose of adopting agreements between the local board and a processor or a class of processors in relation to the following matters:

1. Minimum prices for processing potatoes or for any variety, grade or size of processing potatoes.

2. Terms, conditions and forms of agreements relating to the producing or marketing of processing potatoes.

3. Any charges, costs or expenses relating to the producing or marketing of processing potatoes.

(2) A processor shall, as a condition of the processor’s licence issued under this Regulation, comply with an agreement referred to in subsection (1).

20. (1) For the purpose of establishing negotiating agencies under section 21, the following classes of processors are established:

1. Processors who use potatoes to produce potato chips.

2. Processors who use potatoes to produce soups and stews.

3. Processors who use potatoes to produce pre-peeled potatoes.

(2) There shall be no more than six negotiating agencies established under section 21 in any given year, each established for the purpose of adopting an agreement respecting the matters referred to in subsection 19 (1) as they relate to a different processor or class of processors, as follows:

1. One negotiating agency for each of the four processors in Ontario who produce potato chips and are licensed as processors under this Regulation as of April 1, 2004.

2. One negotiating agency for all of the processors in Ontario who use potatoes to produce soups and stews.

3. One negotiating agency for all of the processors in Ontario who produce pre-peeled potatoes.

(3) An agreement adopted by a negotiating agency with respect to matters referred to in subsection 19 (1) takes effect on July 1 of a given year and covers one crop and the subsequent crops that are specified in the agreement.

(4) There shall be no more than six agreements adopted by negotiating agencies in effect in Ontario at any given time.

21. (1) If an agreement respecting matters referred to in subsection 19 (1) and adopted for a particular processor or class of processors expires in a given year, a negotiating agency shall be established on or before December 31 of the year preceding the year in which the agreement expires for the purpose of adopting a replacement agreement.

(2) A negotiating agency shall be composed of no more than six members, consisting of no more than three members appointed by the local board and no more than three members appointed by the processor or class of processors who are subject to the agreement.

(3) In the case of the expiry of an agreement affecting a processor who uses potatoes to make potato chips, the processor shall, on or before December 10 of the year preceding the year in which the agreement expires, give notice to the Commission and the local board of the names of up to three individuals to be appointed to the negotiating agency as the processor’s representatives.

(4) In the case of the expiry of an agreement affecting all processors who use potatoes to produce soups or stews, the processors shall, on or before December 10 of the year preceding the year in which the agreement expires,

(a) select up to three individuals to be appointed to the negotiating agency in a manner of their choosing; and

(b) give notice to the Commission and the local board of the names of the individuals.

(5) In the case of the expiry of an agreement affecting all processors who use potatoes to produce pre-peeled potatoes, the processors shall, on or before December 10 of the year preceding the year in which the agreement expires,

(a) select up to three individuals to be appointed to the negotiating agency in a manner of their choosing; and

(b) give notice to the Commission and the local board of the names of the individuals.

(6) The members of a negotiating agency shall be appointed for a 12-month period.

(7) If a member dies, resigns or is unable to act, the local board or the processor or group of processors who appointed the member shall appoint a replacement in accordance with subsection (3), (4) or (5), as the case may be.

22. (1) The members of a negotiating agency shall appoint an observer on or before January 5 immediately following the establishment of the negotiating agency to act as a witness to the negotiations. 

(2) If the members of the negotiating agency are not able to agree on an observer on or before January 5, the Commission shall appoint the observer.

(3) An individual shall not be appointed as an observer with respect to more than one negotiating agency in one year.

(4) Any member of the negotiating agency may request that the observer attend the meetings of the negotiating agency that the member specifies.

(5) An observer appointed under this section shall attend the meetings of the negotiating agency that a member of the negotiating agency under subsection (4) requests.

22.1 (1) If a processor or class of processors fails to appoint members to a negotiating agency in accordance with section 21 or if the members appointed by the processor or class of processors refuse to negotiate with the members appointed by the local board, an agreement shall be deemed to be made between the local board and the processor or class of processors after the other negotiating agencies established under paragraph 1 of subsection 20 (2) have adopted agreements for the year in question or after arbitration awards have been made under section 26, as the case may be.

(2) The agreement that is deemed to be made under subsection (1) shall be consistent with the immediately preceding agreement reached between the local board and the processor or class of processors in question and either the agreements that the other negotiating agencies have adopted for the year in question or the arbitration awards made under section 26, as the case may be.

(3) After the other negotiating agencies have adopted agreements for the year in question or arbitration awards have been made under section 26, as the case may be, an agreement shall be deemed to be made between the local board and processors who begin producing potato chips and who are licensed as processors after April 1, 2004.

(4) The agreement that is deemed to be made under subsection (3) shall be consistent with the agreements that the other negotiating agencies have adopted for the year in question or the arbitration awards made under section 26, as the case may be.

(5) It is a condition of an agreement that is deemed to be made under subsections (1) or (3) that subsection 7 (4) of the Act applies to the agreement.

4. Subsection 23 (1) of the Regulation is revoked and the following substituted:

(1) A negotiating agency may refer to conciliation any matter referred to in subsection 19 (1).

5. Section 24 of the Regulation is amended by adding the following subsection:

(0.1) A negotiating agency shall endeavour to reach an agreement by or before 4 p.m. on the second Friday in February preceding the expiry of the agreement currently in effect.

6. Section 25 of the Regulation is amended by adding the following subsections:

(4) The processor members and the local board members of the negotiating agency shall prepare briefs and send copies of the briefs to the arbitration board and to the opposing members at least 72 hours before the date of the arbitration.

(5) No person shall include matters or arguments in a brief prepared under subsection (4) unless the members of the negotiating agency have discussed them during negotiations.

(6) No person shall raise matters or arguments at the arbitration hearing unless the members of the negotiating agency have discussed them during negotiations.

Made by:

Ontario Farm Products Marketing Commission:

Dave Hope

Chair

Gloria Marco Borys

Secretary

Date made: December 16, 2004.