Ontario Bean Marketing (Interprovincial and Export) Regulations
This provision defines beans, producers, dealers, and the Commodity Board, then restricts bean marketing to dealers and the Board’s system, sets grading and sampling rules, and gives producers a right to payment under the pooling rules.
Regulations Respecting the Marketing in Interprovincial and Export Trade of Beans Produced in Ontario These Regulations may be cited as the Ontario Bean Marketing (Interprovincial and Export) Regulations. In these Regulations, beans means white pea beans and yellow-eye beans produced in Ontario; (haricots) Commodity Board means The Ontario Bean Producers’ Marketing Board established pursuant to The Farm Products Marketing Act of Ontario; (Office de commercialisation) dealer means a person who is authorized by the Commodity Board as its agent to purchase beans from producers on its behalf; (négociant) producer means a person engaged in the production of beans. (producteur) These Regulations apply only to the marketing of beans in interprovincial and export trade and to persons and property situated in the Province of Ontario. No producer shall sell or offer to sell beans to any person other than a dealer. No person other than a dealer shall purchase beans from a producer. No dealer shall purchase beans from a producer except on behalf of the Commodity Board. No producer shall transport or ship beans to any place other than the premises of a dealer. No person shall process, pack or package any beans that have not been sold by or on behalf of the Board. The Commodity Board shall, for the purpose of distributing the proceeds from sales by it of Canada Eastern beans delivered to it by producers pursuant to these Regulations, conduct the following pools: a pool for the proceeds from sales of Canada Eastern pea beans; a pool for the proceeds from sales of Canada Eastern yellow-eye beans that are marketed by producers within the quotas fixed and allotted to the producers by the Commodity Board; and a pool for the proceeds from sales of Canada Eastern yellow-eye beans that are marketed by producers in excess of the quotas fixed and allotted to the producers by the Commodity Board. The Commodity Board shall distribute the proceeds of the sales in each pool conducted pursuant to subsection (1), after deducting therefrom all the necessary and proper disbursements and expenses in respect of the sales, in such a manner that each producer receives his share of the total proceeds in the pool in proportion to the quantity and taking into account the class, grade and size of the beans delivered by him to the Commodity Board. Each producer who sells beans to the Commodity Board pursuant to these Regulations is entitled to be paid on delivery to a dealer an initial payment in an amount determined by the Commodity Board; and payments, in addition to the payment referred to in paragraph (a), in such amounts and at such times as the Commodity Board determines, until all of the proceeds referred to in subsection (2) received by the Commodity Board from the sale of beans have been paid to the producers entitled thereto. The Commodity Board may appoint any person as a dealer and shall prescribe the duties and the terms and conditions of employment of every dealer; and provide for the remuneration of every dealer. All beans sold by a producer to a dealer shall be inspected and sold on the basis of the grades established by subsection 15(1) of the Canada Grain Act and Schedule I to that Act. When a dealer receives beans from a producer, the dealer or the producer may require a sample of the beans to be taken for the purpose of checking the grade. Every sample of beans taken pursuant to subsection (1) shall weigh not less than 2 pounds; be accepted by the dealer and the producer as a fair sample of the beans from which it was taken; be placed by the dealer in a sealed, moisture-proof container with a label thereon containing the name and address of the producer and the name of the dealer; and if required by an inspector of the Canadian Grain Commission for examination and testing, be delivered to the inspector at Chatham, Ontario. For the purpose of accepting a sample of beans as a fair sample pursuant to paragraph (2)(b), any person delivering a shipment of beans to a dealer on behalf of a producer shall be deemed to be the authorized agent of the producer. Where a dispute arises between a dealer and a producer in respect of the grade, pick, moisture content or condition of any shipment of beans, the matters in dispute shall be referred to an inspector of the Canadian Grain Commission at Chatham, Ontario, and the decision of the inspector shall be final and binding on the dealer and the producer.