Overview

The Ontario Farm Products Marketing Commission (commission) holds expression of opinion votes among producers to gauge producer support on regulatory issues related to the marketing of farm products under either the Farm Products Marketing Act or the Milk Act.

Most commonly, votes are conducted to help assess producer support on the establishment of a marketing board or section 12 representative association.

Votes may also be held to help gauge support on other issues, including:

  • dissolving a marketing board
  • adding a commodity to a board's authorities
  • altering the licence fee for a section 12 representative association

The specific process for conducting and interpreting each expression of opinion vote will be determined by the commission on a case-by-case basis.

Process

The commission will tailor each specific vote depending on the circumstances.

The following is a general guideline on the steps that occur when the commission conducts an expression of opinion vote:

  1. The commission announces its decision to hold an expression of opinion vote.
  2. The wording for the question to be voted on is developed by the commission in consultation with the relevant organization. The question normally seeks producer support for the more regulated of the options being considered.
  3. Voters will be required to indicate their production levels.
  4. The date for the vote or for the voting deadline is set.
  5. The organization must work with the commission to develop a voting list of all producers in Ontario. Steps must be taken to ensure that the list is as comprehensive as possible.
  6. The voting package is sent by the commission to all producers with details of the proposal, the eligibility requirement for casting a ballot, a ballot and the voting procedures. The package is prepared by the organization in close consultation with commission staff.
  7. Prior to the ballot date, it is the responsibility of the organization to provide information to producers and solicit support for its proposal through information meetings and other means.
  8. The vote is conducted by the commission.
  9. Scrutineers appointed by the commission report the results of the vote to the commission. The results of the vote are confidential to the commission.
  10. The commission assesses the producer support. Notwithstanding the guidelines below on interpreting a vote's results, the commission retains the authority to interpret the outcome of a producer expression of opinion vote and the discretion to take into account factors other than the vote results into consideration.
  11. The commission reports the outcome of the vote to the Minister of Agriculture, Food and Rural Affairs, along with a recommendation on whether or not to proceed with the regulatory change.
  12. The sharing of costs will be determined on a case-by-case basis. However, the commission usually pays for the costs of mailing out the voting package. The organization pays for any costs related to information meetings.

Interpretation of a vote's results

The commission considers both producers and production when assessing the outcome of a vote.

Generally, the commission will interpret the vote as being positive when:

  • 66% or more of the producers casting valid ballots vote in favour of the question
  • 50% or more of the cumulative production of the producers casting valid ballots vote in favour of the question

By considering both producers and production, the commission has more confidence that the regulations are supported by a representative group of producers. For example, the vote cannot be carried by either a large group of small producers or a small group of large producers.

The following examples help illustrate the assessment.

Scenario

There are 150 total producers in the Ontario industry, producing an estimated total of 75,000 acres. 100 producers vote.

Together, the 100 producers that vote produce 50,000 acres. All ballots cast are valid.

Example 1

75 producers vote yes (equal to 75% of producers voting). The 75 producers produce 20,000 acres (40% of the production of the producers voting yes). The vote would normally be interpreted as unsuccessful.

Example 2

55 vote yes (equal to 55% of those voting). They produce 30,000 acres (60% of the total production of those voting). The vote would normally be interpreted as unsuccessful.

Example 3

70 vote yes (equal to 70% of those voting) jointly producing 30,000 acres (60% of the total production of those voting). The vote would normally be interpreted as successful.

As noted, the specific process for interpreting each expression of opinion vote will be determined by the commission on a case-by-case basis.