The regulation sets fees for strawberry producers, lets them apply for refunds, and requires the association to keep records and provide information to the agency.
Prairie Fruit Growers Association Designation Regulation, M.R. 100/2016 The Agricultural Producers' Organization Funding Act , C.C.S.M. c. A18 Regulation 100/2016 Registered June 27, 2016 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Purpose 3 Designation 4 Fees 5 Payment of fees 6 Use of fees 7 Refunds 8 Books and records 9 Information 10 Coming into force Definitions 1 The following definitions apply in this regulation. "association" means the Prairie Fruit Growers Association. (« Association ») "producer" means a person who produces and markets strawberries in Manitoba. (« producteur ») "strawberries" means all strawberries produced in Manitoba. (« fraises ») Purpose 2 The purpose of this regulation is to enable the association to collect money from strawberry producers to promote and financially support initiatives in the areas of production, marketing, extension, education and research, for the benefit of strawberry producers in Manitoba. Designation 3 Prairie Fruit Growers Association is designated as the representative organization of all strawberry producers in Manitoba. Fees 4(1) Subject to subsection (2), every producer who produces and markets strawberries must pay an annual fee to the association in an amount equal to 20% of the purchase price of strawberry plants purchased by the producer from the association in the current year. 4(2) Subsection (1) applies only to producers who have purchased at least 1,000 strawberry plants from the association in the current year or in either of the previous two years. Payment of fees 5(1) A producer to whom subsection 4(1) applies must, upon purchasing strawberry plants from the association, pay to the association an additional amount equal to 20% of the purchase price of the strawberry plants to cover the fee payable under subsection 4(1). 5(2) If (a) a producer purchases fewer than 1,000 strawberry plants from the association and no fee is payable under subsection (1) because the producer has not purchased at least 1,000 strawberry plants from the association in the current year or in either of the previous two years; and (b) the producer subsequently purchases additional strawberry plants from the association in the same year in an amount such that the total number of strawberry plants purchased by the producer from the association in the year is now equal to or greater than 1,000 plants; then the producer must pay to the association, at the time of the plant purchase described in clause (b), a further additional amount equal to 20% of the purchase price of strawberry plants purchased earlier in the year and described under clause (a). Use of fees 6 The association is authorized to use the fees it collects under section 5 to defray the expenses of the association in carrying out its purpose. Refunds 7(1) A producer may apply to the association for a refund of fees. 7(2) An application for a refund must be made in writing on a form provided by the association and must contain the information that the association requests. 7(3) An application for a refund must be received by the association (a) before September 1 for fees collected in the seven-month period beginning on the previous January 1 and ending on July 31; and (b) before February 1 for fees collected in the five-month period beginning on the previous August 1 and ending on December 31. 7(4) If the application for a refund complies with this section, the association must make a refund (a) not later than March 31 for fees collected in the five-month period beginning on the previous August 1 and ending on December 31; and (b) not later than October 31 for fees collected in the seven-month period beginning on the previous January 1 and ending on July 31. Books and records 8 The association must keep and maintain complete and accurate books and records respecting the sale of strawberry plants to producers and fees collected from producers, and provide copies of those books and records to the agency when requested to do so by the agency. Information 9 The association must furnish to the agency such information and financial statements as the agency determines necessary to ensure that the fees collected by the association are properly used for the purpose of the association. Coming into force 10 This regulation comes into force on August 1, 2016, or on the day it is registered under The Statutes and Regulations Act , whichever is later.