Ontario Greenhouse Vegetable Appointed Shippers' Procedures (Interprovincial and Export) Regulations

Ontario Greenhouse Vegetable Appointed Shippers' Procedures (Interprovincial and Export) Regulations ( A-6 -- C.R.C., c. 210 )
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Source: http://laws.justice.gc.ca/en/A-6/C.R.C.-c.210/text.html
Regulation current to September 15, 2006

C.R.C., c. 210

AGRICULTURAL PRODUCTS MARKETING ACT

Ontario Greenhouse Vegetable Appointed Shippers' Procedures (Interprovincial and Export) Regulations

REGULATIONS RESPECTING THE APPOINTMENT OF SHIPPERS AS AGENTS FOR THE MARKETING IN INTERPROVINCIAL AND EXPORT TRADE OF GREENHOUSE VEGETABLES PRODUCED IN ONTARIO AND THE PROCEDURES REGULATING SUCH TRADE

SHORT TITLE

1. These Regulations may be cited as the Ontario Greenhouse Vegetable Appointed Shippers' Procedures (Interprovincial and Export) Regulations.

INTERPRETATION

2. In these Regulations,

"appointed shipper" means a shipper in possession of a valid and subsisting certificate of appointment issued by the Commodity Board pursuant to section 4; (expéditeur désigné)

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

"greenhouse vegetables" means tomatoes, cucumbers and lettuce produced in the Province of Ontario in a greenhouse or any other enclosure under glass, plastic or other material used for the purpose of controlling temperature and providing protection for growing plants; (légumes de serre)

"producer" means a person engaged in the production of greenhouse vegetables; (producteur)

"product" means any quantity of greenhouse vegetables; (produit)

"shipper" means any person who offers for sale, sells, receives, assembles, packs, ships for sale or transports a product but does not include

(a) a servant employed by and driving a vehicle owned by a producer or a shipper,

(b) a railway company, or

APPLICATION

3. These Regulations apply only to the marketing of a product in interprovincial and export trade and to persons and property situated in the Province of Ontario.

APPOINTMENT AS A SHIPPER

4. (1) No person shall act as a shipper unless he holds a valid certificate of appointment as a shipper issued by the Commodity Board authorizing him to act on behalf of the Commodity Board.

(2) No certificate of appointment as a shipper shall be issued to a person by the Board

(a) except upon execution between the Commodity Board and the shipper of an agreement in the form and on the terms prescribed by the Commodity Board; and

(b) unless that person applies for the certificate by completing and forwarding to the Commodity Board an application in the form set out in Schedule I.

(3) A certificate of appointment as a shipper shall

(a) be in the form set out in Schedule II; and

(b) expire on December 31st of the year in which it is issued or upon cancellation of the agreement referred to in paragraph (2)(a), whichever is earlier.

PURCHASE BY SHIPPER

5. No shipper shall, without prior written consent of the Commodity Board, buy a product.

METHOD OF PAYMENT

6. (1) Where a product is sold through the Commodity Board, the purchaser shall be liable to pay out of free on board prices at the shipper's platform the service charges from time to time fixed and imposed by the Commodity Board and the remuneration of the appointed shipper from time to time fixed by the Commodity Board.

(2) The shipper shall pay to the producer not less than the full amount of the minimum price from time to time fixed by the Commodity Board for the product shipped by the shipper minus

(a) the service charges referred to in subsection (1); and

(b) the amount of any claim for compensation made under the Ontario Greenhouse Vegetable Information (Interprovincial and Export) Regulations for which payment is approved by the Commodity Board.

SALES BETWEEN SHIPPERS

7. (1) Any shipper may deliver for sale or storage to any other shipper such quantity of a product as may be agreed on between them.

(2) Where a product is delivered by one shipper to another shipper pursuant to subsection (1) and is sold through the Commodity Board by the shipper to whom it is delivered, the shipper's remuneration shall be divided between the shipper who delivered the product and the shipper who received the product as determined by the Commodity Board.

SCHEDULE I
(s. 4)
AGRICULTURAL PRODUCTS MARKETING ACT

APPLICATION FOR CERTIFICATE OF APPOINTMENT AS A SHIPPER OF GREENHOUSE VEGETABLES

TO: The Ontario Greenhouse Vegetable Producers' Marketing Board, P.O. Box 417, LEAMINGTON, Ontario

I, _____________________________________________________________
Name
of ______________________________________________________________
Address Phone

make application for a certificate of appointment as a shipper of greenhouse vegetables under the Agricultural Products Marketing Act and Regulations made thereunder and in support of this application the following facts are stated:

1) Location of business premises ______________________________

2) Owner of business premises _________________________________

3) Location of any farm owned by the applicant producing greenhouse vegetables ___________________________________________

Dated at this day of

______________________
Signature of Applicant

SCHEDULE II
(s. 4)
AGRICULTURAL PRODUCTS MARKETING ACT

CERTIFICATE OF APPOINTMENT AS A SHIPPER OF GREENHOUSE VEGETABLES

This certificate is issued under the Agricultural Products Marketing Act and Regulations made thereunder

to ______________________________________________________________
Name
of _____________________________________________________________
Address

as a shipper of greenhouse vegetables.

This certificate expires December 31, 19 , but it may be terminated prior thereto.

Issued at Ontario, this day of ,19 .

THE ONTARIO GREENHOUSE VEGETABLE PRODUCERS' MARKETING BOARD

________________________________________________________________
Secretary Chairman