O. Reg. 362/24: VEGETABLES FOR PROCESSING - MARKETING

Français

ontario regulation 362/24

made under the

Farm Products Marketing Act

Made: August 21, 2024
Filed: September 20, 2024
Published on e-Laws: September 20, 2024
Published in The Ontario Gazette: October 5, 2024

Amending Reg. 440 of R.R.O. 1990

(VEGETABLES FOR PROCESSING — MARKETING)

1. Paragraph 1 of section 12 of Regulation 440 of the Revised Regulations of Ontario, 1990 is amended by striking out “20 or 23.5” and substituting “20, 23.5 or 23.5.1”.

2. Subsections 15.1.2.1 (2) and (3) of the Regulation are revoked.

3. (1) Subsections 21 (2) and (3) of the Regulation are revoked and the following substituted:

(2) Despite subsection (1), the members of a negotiating agency established for a processor or green shipper under section 16, 17 or 20 who were appointed by the local board shall call a meeting of all the associated producers who produce vegetables for the processor or green shipper if,

(a) the negotiating agency has given notice to the Commission in accordance with subsection 23 (1) that it has not arrived at a comprehensive settlement of matters set out in section 15.2; and

(b) more than 50 per cent of the associated producers have signed a written request for a meeting and submitted it to the members appointed by the local board within three days of the date determined under clause 23 (1) (a) or (b).

(3) A meeting of associated producers shall be held within five business days after the members of the negotiating agency appointed by the local board receive the request referred to in subsection (2).

(2) Section 21 of the Regulation is amended by adding the following subsection:

(4.1) Within one day after a request under clause (2) (b) is received, the members of the negotiating agency shall give notice of the date of the meeting to the Commission.

(3) Subsection 21 (5) of the Regulation is revoked and the following substituted:

(5) The question of whether the negotiating agency should accept the final negotiated offer or proceed to arbitration shall be voted on by secret ballot by all the associated producers present at the meeting if more than 50 per cent of the associated producers for the processor or green shipper who is a party to the negotiating agency are present at the meeting.

(5.1) In subsection (5),

“final negotiated offer” means the final offer made by the members of the negotiating agency appointed by the processor or green shipper to the members appointed by the local board that was submitted before the deadline for the relevant vegetable as set out in Column 4 of the Schedule to this Regulation.

4. Subsection 22 (2) of the Regulation is revoked and the following substituted:

(2) The negotiating agency shall appoint a conciliator.

5. (1) Subsection 23 (3) of the Regulation is revoked and the following substituted:

(3) The Commission shall not refer the matters in dispute to an arbitration board before the later of,

(a) the day after the final day to give notice of a meeting referred to in subsection 21 (5), if no notice is given; and

(b) the day after a meeting referred to in subsection 21 (5) occurs, if,

(i) notice of the meeting is given, and

(ii) quorum is not met or the associated producers present at the meeting vote to proceed to arbitration.

(2) Subsection 23 (4) of the Regulation is amended by striking out “Commission” in the portion before clause (a) and substituting “negotiating agency”.

(3) Subsection 23 (5) of the Regulation is revoked and the following substituted:

(5) If the arbitration board has not been appointed within seven days of the later of the appropriate date referred to in subsection (1) or the date of a meeting under subsection 21 (5), the Commission shall make the appointment.

(4) Subsection 23 (6) of the Regulation is amended by striking out “the Commission” and substituting “the negotiating agency or Commission, as the case may be,”.

6. Subsection 23.2 (3) of the Regulation is revoked and the following substituted:

(3) The vote shall be by secret ballot conducted by a representative of the Commission unless both the processor and the local board agree to a representative of the local board conducting the vote.

7. Section 23.3 of the Regulation is amended by adding the following subsections:

(5) If a processor elects to negotiate jointly with one or more other processors and each of the processors has filed written consents with Commission in accordance with subsection 23.5.1 (1), the processors shall hold a joint meeting with their associated producers.

(6) If a majority of associated producers of each processor vote to negotiate jointly under subsection 23.5.1 (1), the associated producers shall, at a joint meeting held pursuant to subsection (5) of this section, elect from amongst themselves and by secret ballot up to two individuals for every processor who is party to the joint negotiating agency as members of the joint negotiating agency.

8. The Regulation is amended by adding the following section:

23.5.1 (1) Despite subsection 23.5 (1), a negotiating agency may be established for two or more processors conducting negotiations through a negotiating agency if,

(a) the processors who are interested in forming a joint negotiating agency each file a written consent to the establishment of a joint negotiating agency with the Commission by the deadline for giving notice of an annual meeting under subsection 23.3 (2); and

(b) a majority of associated producers of each processor vote to negotiate jointly at the joint meeting held pursuant to subsection 23.3 (5).

(2) Section 23.5 applies with necessary modifications to the establishment of the joint negotiating agency, subject to the following rules:

1. The associated producers of each processor who were elected under subsection 23.3 (6) are members of the negotiating agency.

2. The relevant processors may jointly appoint individuals under paragraphs 2 and 3 of subsection 23.5 (2).

9. Sections 23.9 and 23.10 of the Regulation are revoked and the following substituted:

23.9 (1) Subject to subsection (2), sections 22 and 23 apply, with necessary modifications, to conciliations and arbitrations respecting tomatoes and carrots.

(2) If the negotiating agency appointed a conciliator under subsection 22 (2), the arbitration board referred to in section 23 shall consist of one member who shall be the individual who was appointed as conciliator, despite subsection 23 (4).

10. Section 28 of the Regulation is revoked.

Commencement

11. This Regulation comes into force on the day it is filed.

Made by:
Pris par :

Ontario Farm Products Marketing Commission:
La Commission de commercialisation des produits agricoles de l’Ontario :

Amy Cronin

Chair, Farm Products Marketing Commission / Présidente de la Commission d’Agr de l’Ontario

Scott Duff

Secretary to the Commission / Secrétaire de la Commission

Date made: August 21, 2024
Pris le : 21 août 2024

 

Français