Ontario Tender Fruit Service Charge (Interprovincial and Export) Regulations, 1986

SOR/86-669

AGRICULTURAL PRODUCTS MARKETING ACT

Ontario Tender Fruit Service Charge (Interprovincial and Export) Regulations, 1986

The Ontario Tender Fruit Producers' Marketing Board, pursuant to sections 3* and 4* of the Ontario Tender Fruit Order made by Order in Council P.C. 1979-2538 of September 20, 1979**, hereby makes the annexed Regulations respecting the service charge imposed on certain persons engaged in the marketing in interprovincial and export trade of fresh fruit produced in Ontario.

St. Catharines, Ontario, June 12, 1986

* SOR/86-100, 1986 Canada Gazette Part II, p. 449

** SOR/79-678, 1979 Canada Gazette Part II, p. 3378

REGULATIONS RESPECTING THE SERVICE CHARGE IMPOSED ON CERTAIN PERSONS ENGAGED IN THE MARKETING IN INTERPROVINCIAL AND EXPORT TRADE OF TENDER FRUIT PRODUCED IN ONTARIO

[SOR/92-582, s. 1]

SHORT TITLE

1. These Regulations may be cited as the Ontario Tender Fruit Service Charge (Interprovincial and Export) Regulations, 1986. SOR/92-582, s. 2; SOR/93-86, s. 2(F).

INTERPRETATION

2. In these Regulations,

"Board" means The Ontario Tender Fruit Producers' Marketing Board; (Commission)

"dealer-shipper" means any person who buys, sells or offers for sale, receives, assembles, pre-cools, stores, packs, ships or transports tender fruit but does not include

(a) a person employed by and driving a vehicle owned by a producer, shipper, dealer-shipper or producer-shipper,

(b) a railway company, or

(c) a person who transports tender fruit by motor vehicle as the agent of the producer; (négociant-expéditeur)

"fresh fruit" [Revoked, SOR/92-582, s. 3]

"processing" means

(a) the manufacture of tender fruit products or of juice, beverages, spirits or wine from tender fruit, and

(b) the canning, bottling, distilling, fermenting, dehydrating, pitting, drying or freezing of tender fruit; (transformation)

"processor" means any person engaged in the business of processing tender fruit; (transformateur)

"producer" means a person engaged in the production of tender fruit. (producteur) SOR/92-582, ss. 3, 5.

APPLICATION

3. These Regulations apply only to the marketing of tender fruit in interprovincial and export trade and to persons and property situated within the Province of Ontario. SOR/92-582, s. 5.

IMPOSITION OF SERVICE CHARGE

[SOR/93-86, s. 2(F)]

4. (1) Every producer shall pay to the Board a service charge in the amount of $0.0035 per pound of fresh plums, prunes or pears marketed by the producer or on behalf of the producer.

(2) Every producer shall pay to the Board a service charge in the amount of $0.0078 per pound of fresh peaches marketed by the producer or on behalf of the producer. SOR/88-283, s. 1; SOR/90-693, s. 1; SOR/92-582, ss. 4, 6(F); SOR/93-86, s. 1.

METHOD OF PAYMENT

5. (1) Where tender fruit is sold to the Board, the Board shall deduct the service charge imposed pursuant to section 4 from the moneys payable by the Board to the producer for the sale of the tender fruit.

(2) Where tender fruit is sold to a dealer-shipper, the dealer-shipper shall deduct the service charge imposed pursuant to section 4 from the moneys payable by him to the producer and remit the amount deducted to the Board within 21 days after the receipt by the dealer-shipper of the tender fruit.

(3) Every producer shall pay to the Board at its office all service charges payable by the producer under section 4 that were not deducted and paid to the Board in the manner prescribed by subsection (1) or (2) in respect of tender fruit sold by the producer in any month not later than the fifteenth day of the following month. SOR/92-582, ss. 5, 6(F); SOR/93-86, s. 2(F).