Producers must pay a 0.5% fee on marketed regulated products, purchasers must deduct and remit fees on schedule, and purchasers and the association must provide specified records and information.
Manitoba Organic Alliance Designation Regulation, M.R. 62/2021 The Agricultural Producers' Organization Funding Act , C.C.S.M. c. A18 Regulation 62/2021 Registered August 12, 2021 bilingual version (HTML) Table of Contents Section 1 Interpretation 2 Purpose 3 Designation 4 Fees 5 Deduction of fees 6 Use of fees 7 Refunds 8 Books and records 9 Information Interpretation 1(1) The following definitions apply in this regulation. "association" means the Manitoba Organic Alliance Inc. (« Association ») "buckwheat" means buckwheat as defined in the Manitoba Buckwheat Growers Association Designation Regulation , Manitoba Regulation 171/2000. (« sarrasin ») "canola" means canola as defined in the Manitoba Canola Growers Association Designation Regulation , Manitoba Regulation 57/96. (« canola ») "crop" means a barley, buckwheat, canola, chickpea, flax, hemp, millet, mustard, oat, pulse, quinoa, rye, spring wheat, sunflower or winter wheat crop. (« culture ») "flax" means flax as defined in the Manitoba Crop Alliance Designation Regulation , Manitoba Regulation 48/2020. (« lin ») "mustard" includes all organic yellow, oriental or brown mustard varieties. (« moutarde ») "producer" means a person who produces a regulated product in Manitoba. (« producteur ») "pulse" means a pulse as defined in the Manitoba Pulse & Soybean Growers Inc. Designation Regulation , Manitoba Regulation 241/89. (« légumineuse ») "regulated product" means a crop produced organically in Manitoba. (« produit réglementé ») 1(2) In this regulation, a crop is deemed to be produced organically if the crop meets the definition of organic product as set out in (a) The Organic Agricultural Products Act ; or (b) Safe Foods for Canadians Regulations (Canada), as amended from time to time. M.R. 75/2021 Purpose 2 The purpose of this regulation is to provide financial support for the association in its role of stimulating, increasing and improving the production and marketing of regulated products, including through education and research relating to the regulated products. Designation 3 The Manitoba Organic Alliance Inc. is designated as the representative organization of all producers. Fees 4 A producer must pay the association a fee equal to 0.5% of the proceeds of any regulated product marketed by the producer in Manitoba. Deduction of fees 5(1) A purchaser who buys a regulated product from a producer must calculate and deduct all applicable fees under section 4 at the time of purchase. 5(2) For each period set out in Column 1 of the following table, a purchaser must remit the fees deducted under subsection (1) by the date set out opposite in Column 2: Column 1 Period Column 2 Date January 1 to March 31 April 30 April 1 to June 30 July 31 July 1 to September 30 October 31 October 1 to December 31 January 31 of the following year 5(3) When remitting fees, a purchaser must provide the association with the following information about each producer from whom the regulated product was purchased: (a) the name, mailing address and e-mail address of the producer; (b) the total amount of the fees being remitted on the producer's behalf; (c) the quantity, price and type of regulated product purchased from the producer. Use of fees 6 The association may use the fees received under this regulation for its general purposes, including the administration of its operations. Refunds 7(1) A producer may apply for a refund of fees collected under subsection 5(1) by submitting an application to the association in accordance with this section. 7(2) To apply for a refund of fees collected during a period described in Column 1 of the following table, a producer must submit an application for those fees on or before the date set out opposite in Column 2. If the application meets the requirements of subsection (3), the association must provide the producer with the refund on or before the date set out opposite in Column 3: Column 1 Refund Period Column 2 Application Date Column 3 Refund Date January 1 to June 30 August 1 September 30 July 1 to December 31 February 1 of the following year March 31 of the following year 7(3) An application for a refund must (a) be made on a form approved by, or acceptable to, the association; and (b) contain all the information required by the association. Books and records 8 A purchaser of a regulated product must keep and maintain complete and accurate books and records respecting the purchase of the product and provide copies of them when requested to do so by the agency. Information 9 The association must provide the agency with any information, including financial statements, required by the agency to determine that the association is properly using the fees collected under this regulation.