Ontario Greenhouse Vegetable Information (Interprovincial and Export) Regulations

C.R.C., c. 213

AGRICULTURAL PRODUCTS MARKETING ACT

Ontario Greenhouse Vegetable Information (Interprovincial and Export) Regulations

REGULATIONS RESPECTING THE INFORMATION REQUIRED FROM PERSONS ENGAGED IN THE MARKETING IN INTERPROVINCIAL AND EXPORT TRADE OF GREENHOUSE VEGETABLES PRODUCED IN ONTARIO

SHORT TITLE

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

(c) a person who transports the product by motor vehicle as agent of the producer. (expéditeur)

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.

FURNISHING OF INFORMATION

4. Every shipper shall furnish to the Commodity Board the information required as set out in Column I of an item to the schedule by the method set out in Column II of that item at the times set out in Column III of that item.

REPORT OF SALES

5. (1) Every producer who sells a product otherwise than through an appointed shipper shall report all such sales to the Commodity Board on the forms provided by the Commodity Board.

(2) Every producer referred to in subsection (1) shall deliver the report referred to in subsection (1) to the Commodity Board not later than Wednesday of the week next following the week in which the product was sold.

DELIVERY OF RECEIPT

6. (1) Every shipper, at the time of receiving a product from a producer, shall deliver to the producer a receipt for the product containing the following information:

(a) the name and address of the shipper;

(b) the name of the producer who delivered the product to the shipper;

(c) the date of delivery of the product to the shipper; and

(d) the number and type of containers of each variety of the product together with the weight of all tomatoes and number of all cucumbers delivered to the shipper.

(2) The receipt referred to in subsection (1) may be stamped by the shipper with the words "price subject to change in accordance with any order of The Ontario Greenhouse Vegetable Producers' Marketing Board" or "prix sujet à modification conformément à toute ordonnance de The Ontario Greenhouse Vegetable Producers' Marketing Board".

INSPECTION OF DOCUMENTS

7. Copies of all sales invoices in respect of the sale of a product shall be available for inspection by a representative of the Commodity Board at any time during normal business hours after 10 a.m. of the day following the sale.

CLAIMS BY PURCHASERS

8. (1) Every purchaser of a product shall give notice to the shipper of any claim for compensation within six hours after receipt of the product by the purchaser at the agreed place of delivery.

(2) Every shipper, on the day of receipt of a notice of a claim given pursuant to subsection (1) from a purchaser of products sold or shipped through him, shall

(a) notify the producer of the product in respect of which the claim is made of the claim; and

(b) notify the Commodity Board of the claim and complete and deliver to the Commodity Board a claim on a form supplied by the Commodity Board for that purpose within 24 hours of the close of business on the day the notice of the claim was received.

(3) Every shipper shall, before payment of a claim is approved by the Commodity Board,

(a) deliver to the Commodity Board the manifest that was prepared by the shipper at the time of shipment and included with the shipment; and

(b) produce evidence to the satisfaction of the Commodity Board that the product was cooled in accordance with the Ontario Greenhouse Vegetable Handling (Interprovincial and Export) Regulations.

(4) Every shipper shall, on the day of settlement of any claim, furnish the Commodity Board with full particulars in writing, including a copy of the inspection certificate provided by an inspector pursuant to the Canada Agricultural Products Standards Act, of the terms of the settlement and any payment made.

SCHEDULE
(s. 4)

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