Ontario Wheat Marketing (Interprovincial and Export) Regulations

C.R.C., c. 224

AGRICULTURAL PRODUCTS MARKETING ACT

Ontario Wheat Marketing (Interprovincial and Export) Regulations

REGULATIONS RESPECTING THE MARKETING IN INTERPROVINCIAL AND EXPORT TRADE OF WHEAT PRODUCED IN ONTARIO

SHORT TITLE

1. These Regulations may be cited as the Ontario Wheat Marketing (Interprovincial and Export) Regulations.

INTERPRETATION

2. In these Regulations,

"agent" means a person appointed by the Commodity Board as its agent to purchase or receive wheat from producers on its behalf; (agent)

"Commodity Board" means The Ontario Wheat Producers' Marketing Board; (Office de commercialisation)

"producer" means a person engaged in the production of wheat. (producteur)

APPLICATION

3. (1) These Regulations apply only to the marketing of wheat in interprovincial and export trade and to persons and property situated in the Province of Ontario.

(2) These Regulations do not apply where wheat is sold directly by one producer to another and used by that other producer on his farm.

PURCHASE AND SALE

4. (1) No producer shall sell or offer to sell wheat to any person other than an agent.

(2) No person other than an agent shall purchase wheat from a producer.

(3) No agent shall purchase wheat from a producer except for the Commodity Board.

TRANSPORTATION AND PROCESSING

5. (1) Subject to subsections (2) and (3), no producer shall transport or ship wheat to any place other than the premises of an agent.

(2) A producer may transport wheat to

(a) a feed mill for processing and use by the producer; or

(b) a terminal elevator at the direction of an agent.

(3) A producer may transport seed wheat to a seed cleaning plant.

(4) No person shall process wheat that has not been sold by or through the Commodity Board, except seed wheat processed for a producer.

6. (1) The Commodity Board shall conduct a pool or pools for the distribution of proceeds from sales of wheat.

(2) The Commodity Board shall distribute the proceeds from sales in each pool conducted pursuant to subsection (1), after deducting therefrom all the necessary and proper disbursements and expenses in respect of the sales, in such a manner that each producer receives his share of the total proceeds in the pool in proportion to the quantity, and taking into account the variety and grade, of wheat delivered by him.

(3) Each producer who sells wheat to the Commodity Board pursuant to these Regulations is entitled to be paid

(a) on delivery to an agent, an initial payment in an amount determined by the Commodity Board; and

(b) payments, in addition to the payment referred to in paragraph (a), in such amounts and at such times as the Commodity Board determines, until all of the proceeds referred to in subsection (2) received by the Commodity Board from sales of wheat have been paid to the producers entitled thereto.

AGENTS

7. The Commodity Board may appoint any person as an agent and shall

(a) prescribe the duties and the terms and conditions of employment of every agent; and

(b) provide for the remuneration of every agent.

QUALITY CONTROL

8. All wheat sold by a producer to an agent shall

(a) be inspected and sold on the basis of grades established by subsection 15(1) of the Canada Grain Act and Schedule I to that Act; and

(b) be tested for moisture content.

9. (1) When an agent receives wheat from a producer, the agent or the producer may require a sample of the wheat to be taken for the purpose of checking the grade and the moisture content.

(2) Every sample of wheat taken pursuant to subsection (1) shall

(a) weigh not less than two pounds;

(b) be accepted by the agent and the producer as a fair sample of the wheat from which it was taken;

(c) be placed by the agent in a sealed, moisture-proof container with a label thereon containing the name and address of the producer and the name of the agent; and

(d) if required by an inspector of the Canadian Grain Commission for examination and testing, be delivered to the inspector.

(3) For the purpose of accepting a sample of wheat as a fair sample pursuant to paragraph (2)(b), any person delivering wheat to an agent on behalf of a producer shall be deemed to be the authorized agent of the producer.

10. Where a dispute arises between an agent and a producer in respect of the grade, moisture content or condition of any load of wheat, the matters in dispute shall be referred to an inspector of the Canadian Grain Commission and the decision of the inspector shall be final and binding upon the agent and the producer.