GRAIN - MARKETING

CONTENTS Definitions and Application 1. Definitions 2. Application — exceptions Licensing 3. Requirement for licence 4. Deemed to be licensed 5. Licence fees 5.1 Expenses of local board Powers of Local Board 6. Delegation of powers 7. Delegation of regulation-making powers 8. Other powers Additional Powers of Local Board ― Wheat Limits in Financial Matters Grain Industry Advisory Committee 18. Advisory committee Negotiating Agency for Soybeans 19. Negotiating agency 20. Composition and appointment 21. Negotiation of agreement 22. Arbitration Definitions and Application Definitions 1. In this Regulation, “barley” means barley produced in Ontario; (“orge”) “buyer” means a person who purchases grain directly from a producer, whether through an agent or otherwise; (“acheteur”) “farm animal” means, (a) livestock, including poultry and ratites, (b) fur-bearing animals, (c) bees, (d) cultured fish, (e) deer and elk, and (f) game animals and birds; (“animal d’élevage”) “farm operation” means an agricultural, aquacultural, horticultural or silvicultural operation that is operated for the purpose of making a profit and includes, (a) growing, producing or raising farm animals, (b) the production of agricultural crops, including greenhouse crops, nursery stock, tobacco and trees, and (c) the production of eggs, cream and milk; (“exploitation agricole”) “grain” means one or more of grain corn, soybeans, wheat, oats and barley; (“grain”) “Grain Committee” means the Grain Section Committee of the Ontario Agri Business Association; (“comité des céréales”) “grain corn” means corn, other than seed corn, sweet corn or popping corn, produced in Ontario; (“maïs-grain”) “licence” means a licence referred to in subsection 4 (1); (“permis”) “local board” means the Grain Farmers of Ontario established by Ontario Regulation 484/09 (Grain — Plan) made under the Act; (“commission locale”) “oats” means oats produced in Ontario; (“avoine”) “processing” means cleaning, drying, treating, turning, washing, grinding, roasting, rolling, pulverizing, cracking, crimping, crushing, fractionalizing, micronizing, distilling or any similar activity, and includes, (a) processing with or without other ingredients, and (b) processing or manufacturing articles of food or drink in whole or in part from grain; (“transformation”) “processor” means a person engaged in processing grain in Ontario; (“transformateur”) “producer” means a sole proprietor, corporation or partnership that produces grain in Ontario; (“producteur”) “soybeans” means soybeans produced in Ontario; (“soya”) “wheat” means any variety of wheat produced in Ontario. (“blé”) O. Reg. 485/09, s. 1; O. Reg. 301/13, s. 2; O. Reg. 127/15, s. 2; O. Reg. 789/21, s. 1. Application — exceptions 2. This Regulation does not apply to, (a) grain produced and used by a producer at his or her own farm operation; or (b) grain produced and sold by a producer directly to a farm owner or operator, if, (i) the grain is not processed by the producer beyond being cleaned, dried or turned, or any combination of them, before it is sold, and (ii) the farm owner or operator intends to use the grain at his or her farm operation. O. Reg. 485/09, s. 2. Licensing Requirement for licence 3. (1) No producer shall sell or offer to sell grain that he or she has produced except under the authority of a licence. O. Reg. 485/09, s. 3 (1). (2) Subsection (1) applies in respect of grain that is, (a) unprocessed; or (b) processed by the producer. O. Reg. 485/09, s. 3 (2). Deemed to be licensed 4. (1) Every producer who sells or offers to sell grain that he or she has produced, regardless of whether the producer has first processed the grain, is deemed to be the holder of a licence, unless the licence is suspended or revoked. O. Reg. 485/09, s. 4 (1). (2) The local board may, after a hearing, impose such terms and conditions on a licence as the local board considers proper. O. Reg. 485/09, s. 4 (2). (3) The local board may, after a hearing, suspend or revoke a licence where the local board is of the opinion that a licensee has failed to comply with or has contravened the Act, the applicable regulations or any order or direction of the local board that applies to the licensee. O. Reg. 485/09, s. 4 (3). Licence fees 5. (1) Every licensee shall pay to the local board the licence fees fixed by the local board under paragraph 2 of section 7. O. Reg. 485/09, s. 5 (1). (2)-(4) Revoked: O. Reg. 789/21, s. 2. Expenses of local board 5.1 (1) The local board may use licence fees and any other money payable to it for the purposes of paying the expenses of the local board, carrying out and enforcing the Act and the regulations and carrying out the purposes of the plan. O. Reg. 789/21, s. 3. (2) The local board may establish a fund in connection with the plan for the payment of any money that may be required for the purposes mentioned in subsection (1). O. Reg. 789/21, s. 3. Powers of Local Board Delegation of powers 6. The following powers of the Commission are delegated to the local board under subsection 3 (3) of the Act: 1. Requiring producers, buyers, processors and any persons or bodies who assemble, offer to sell, sell, ship, store or transport grain to register their names, business addresses and e-mail addresses with the local board. 2. Requiring producers, buyers, processors and any persons or bodies who assemble, offer to sell, sell, ship, store or transport grain to furnish such information relating to their activities with respect to the production or marketing, as the case may be, of grain as the local board determines is necessary to enable it to exercise its powers and perform its duties under the Act and the regulations. 3. Appointing persons to inspect, at any reasonable time, the books, records, documents and premises, excluding a dwelling, of producers, buyers, processors or any persons or bodies who assemble, offer to sell, sell, ship, store or transport grain, if, i. the books, records, documents or premises relate to the production or marketing of grain, and ii. the inspection of the books, records, documents or premises is necessary to the local board’s exercise of its powers or performance of its duties under the Act and the regulations. 4. Appointing persons to inspect, at any reasonable time, grain in the possession of producers, buyers, processors or any persons or bodies who assemble, offer to sell, sell, ship, store or transport grain, if the inspection of the grain is necessary to the local board’s exercise of its powers or performance of its duties under the Act and the regulations. 5. Making such orders and issuing such directions as are necessary to enforce the Act and the regulations with respect to grain. O. Reg. 485/09, s. 6. Delegation of regulation-making powers 7. The following regulation-making powers of the Commission are delegated to the local board under subsection 7 (7) of the Act: 1. Providing for the imposition, disposition, use and, subject to subsection 7 (2) of the Act, amount of penalties where, after a hearing, the local board is of the opinion that a licensee has failed to comply with or has contravened any term or condition of the licence, any provision of the Act or the application regulations, or any order or direction of the local board. 2. Providing for the fixing of licence fees and the timing of their payment and for the collection of outstanding licence fees, including their recovery by way of a legal proceeding. 3. Requiring any person who receives grain to deduct from the money payable for the grain any licence fees payable to the local board by the person from whom the person receives the grain, and to forward such licence fees to the local board. 4. Requiring every processor who processes grain that he or she has produced to furnish to the local board statements of the amounts of grain that he or she produced and used for processing in any year. 5. Providing for exemption from any or all of the regulations made by the local board of, i. any class, variety, grade or size of any grain, or ii. any class of persons engaged in assembling, buying, offering to sell, processing, producing, selling, shipping, storing or transporting grain or any class, variety, grade or size of any grain. 6. Authorizing the fixing of, i. prompt payment discounts for licence fees, and ii. interest on outstanding licence fees payable by any person required to pay the fees. O. Reg. 485/09, s. 7. Other powers 8. (1) The local board may stimulate, increase and improve the production or marketing of grain by such means as the local board considers proper in view of the purpose of the Act. O. Reg. 485/09, s. 8 (1). (2) The local board may co-operate with any of the following for the purposes of improving the production or marketing of grain: 1. The government of Canada or of any province of Canada. 2. Any local board, marketing board, marketing commission or marketing agency in Canada. 3. Any organization of producers of farm products in Canada. O. Reg. 485/09, s. 8 (2). Additional Powers of Local Board ― Wheat 9.-12. Revoked: O. Reg. 789/21, s. 4. Limits in Financial Matters 13. Revoked: O. Reg. 301/13, s. 4. 14. Revoked: O. Reg. 789/21, s. 4. 15.-17. Revoked: O. Reg. 301/13, s. 4. Grain Industry Advisory Committee Advisory committee 18. (1) There shall be a Grain Industry Advisory Committee established in accordance with this section. O. Reg. 485/09, s. 18 (1). (2) The Grain Industry Advisory Committee shall be composed of 13 members, appointed as follows: 1. Five members shall be appointed by the local board. 2. Four members shall be appointed by the Grain Committee. 3. One member shall be appointed by the Commission. 4. One member shall be appointed by the Canadian Seed Trade Association. 5. One member shall be appointed by the Ontario Flour Millers’ Association. 6. One member shall appointed by the processors. O. Reg. 485/09, s. 18 (2). (3) The member appointed by the Commission under paragraph 3 of subsection (2) shall be the chair of the Grain Industry Advisory Committee. O. Reg. 485/09, s. 18 (3). (4) The members of the Grain Industry Advisory Committee shall be appointed after March 31 in any given year for a one year term that begins on April 15 of that year and ends on April 14 of the following year. O. Reg. 485/09, s. 18 (4). (5) If a member of a Grain Industry Advisory Committee dies, resigns or is unable to act, the persons or body that appointed the member shall appoint a replacement member to fill the vacancy for the remainder of the member’s term. O. Reg. 485/09, s. 18 (5). (6) If any of the persons or bodies referred to in subsection (2) fails to appoint a member in accordance with that subsection or to appoint a replacement member in accordance with subsection (5), the Commission may appoint the member or replacement member. O. Reg. 485/09, s. 18 (6). (7) The Grain Industry Advisory Committee has the power to advise and make recommendations to any of the persons or bodies referred to in subsection (2) in respect of, (a) the promotion of harmonious relationships between persons engaged in the production and marketing of grain; (b) the promotion of greater efficiency in the production and marketing of grain; (c) the prevention and correction of irregularities and inequities in the marketing of grain; (d) the improvement of the quality and variety of grain; (e) the improvement of the circulation of market information respecting grain; and (f) without limiting the generality of any of clauses (a) to (e), any matter relating to grain with respect to which the Commission or the local board may be empowered to make regulations under the Act. O. Reg. 485/09, s. 18 (7). (8) Revoked: O. Reg. 7/23, s. 1. Negotiating Agency for Soybeans Negotiating agency 19. (1) A negotiating agency shall be established in accordance with this section and section 20 for the purpose of adopting an agreement between the local board, the processors of soybeans and the Grain Committee respecting, (a) terms, conditions and forms of agreement relating to the assembling, buying, offering to sell, processing, selling, shipping, storing or transporting of soybeans, other than prices for soybeans or for any class, variety, grade or size of soybeans; and (b) any charges, costs or expenses relating to the assembling, buying, offering to sell, processing, producing, selling, shipping, storing or transporting of soybeans. O. Reg. 485/09, s. 19 (1). (2) The negotiating agency shall be established after January 31 and on or before March 15 in every year in which an agreement referred to in subsection (1) expires. O. Reg. 485/09, s. 19 (2). (3) The agreement referred to in subsection (1) shall take effect on September 1 following the establishment of the negotiating agency and shall terminate in accordance with the terms of the agreement. O. Reg. 7/23, s. 2. Composition and appointment 20. (1) The negotiating agency shall be composed of the following 10 members: 1. Five members appointed by the local board. 2. Two members appointed by the processors of soybeans. 3. Three members appointed by the Grain Committee. O. Reg. 485/09, s. 20 (1). (2) In addition to the members referred to in subsection (1), the local board, the processors of soybeans and the Grain Committee shall also each appoint one alternate member, who may attend meetings of the negotiating agency as observers and who, in the absence of a member of the agency representing the persons or body that appointed the alternate member, shall perform the absent member’s functions in his or her place. O. Reg. 485/09, s. 20 (2). (3) Appointments under subsection (1) or (2) shall be in writing. O. Reg. 485/09, s. 20 (3). (4) Notice of appointments made under subsection (1) or (2) shall be given, immediately after they are made, to the Commission by the persons or body who made the appointments, and the notice shall contain the names of the members appointed by the persons or body. O. Reg. 485/09, s. 20 (4). (5) The members and alternate members of the negotiating agency shall hold office until January 31 of the year following the year in which their appointment was made. O. Reg. 485/09, s. 20 (5). (6) If a member or alternate member of the negotiating agency dies, resigns or is unable to continue to act, the persons or body that appointed the member shall, within seven days after the vacancy occurs, appoint a replacement member or alternate member to fill the vacancy for the remainder of the member’s or alternate member’s term. O. Reg. 485/09, s. 20 (6). (7) If any of the local board, the processors of soybeans or the Grain Committee fails to appoint members, alternate members, or replacement members or alternate members in accordance with this section, the Commission shall as soon as possible make the necessary appointments. O. Reg. 485/09, s. 20 (7). Negotiation of agreement 21. (1) The negotiating agency shall enter into negotiations and attempt to reach an agreement between the parties respecting the matters referred to in subsection 19 (1) on or before April 30 of the year in which agency was established. O. Reg. 485/09, s. 21 (1). (2) The five members appointed by the local board, the two members appointed by the processors of soybeans or the three members appointed by the Grain Committee may request a meeting of the negotiating agency by giving written notice of the meeting to the other members of the agency. O. Reg. 485/09, s. 21 (2). (3) The notice shall state the date, time and place of the meeting, and shall be given at least seven days before the meeting date. O. Reg. 485/09, s. 21 (3). Arbitration 22. (1) If the negotiating agency does not reach an agreement between the parties respecting the matters referred to in subsection 19 (1) on or before April 30, it shall immediately notify the Commission in writing of the fact. O. Reg. 485/09, s. 22 (1). (2) If the negotiating agency decides before April 30 that it will not be possible to reach an agreement between the parties respecting the matters referred to in subsection 19 (1) on or before that date, it shall immediately notify the Commission in writing of the fact. O. Reg. 485/09, s. 22 (2). (3) A notice referred to in subsection (1) or (2) shall include a statement respecting the matters in dispute and the final positions of the parties with respect to each of those matters. O. Reg. 485/09, s. 22 (3). (4) The matters in dispute shall be subject to final offer arbitration. O. Reg. 485/09, s. 22 (4). (5) If the negotiating agency gives notice to the Commission under subsection (1) or (2), the agency shall, no later than seven days after the earlier of the day on which the notice was given and April 30, appoint an arbitrator to settle the matters in dispute. O. Reg. 485/09, s. 22 (5). (6) The negotiating agency shall only appoint as an arbitrator a person appointed as an arbitrator by the Commission under subsection 12 (10) of the Ministry of Agriculture, Food and Rural Affairs Act. O. Reg. 485/09, s. 22 (6). (7) If the negotiating agency does not appoint an arbitrator in accordance with subsections (5) and (6), the Commission shall appoint an arbitrator to settle the matters in dispute. O. Reg. 485/09, s. 22 (7). (8) The negotiating agency or the Commission, as the case may be, shall provide to the arbitrator a copy of the statement referred to in subsection (3). O. Reg. 485/09, s. 22 (8). (9) The arbitrator shall, as soon as possible after his or her appointment, meet with the negotiating agency and determine each matter in dispute by adopting one of the final positions on the matter set out in the statement referred to in subsection (3). O. Reg. 485/09, s. 22 (9). (10) The arbitrator shall determine all matters referred to him or her no later than August 31 of any given year. O. Reg. 485/09, s. 22 (10). 23. Omitted (revokes other Regulations). O. Reg. 485/09, s. 23. 24. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 485/09, s. 24.