Regulation - LGIC

Amendments to Regulation 391 (Asparagus - Plan) and Regulation 390 (Asparagus - Marketing) to revise the way a marketing board is constituted and to change its name to the "Asparagus Farmers of Ontario".

Regulation Number(s):
Regulation 390 (Asparagus -- Marketing)
Regulation 391 (Asparagus—Plan).
Instrument Type:
Regulation - LGIC
Bill or Act:
Farm Products Marketing Act
Summary of Decision:
The Ontario Farm Products Marketing Commission approved amendments as described above to R.R.O. 1990 Regulation 390 (Asparagus - Marketing) and to R.R.O. 1990 Regulation 391 (Asparagus - Plan) on October 17, 2012. Amendments to Regulation 391 were approved by the Minister of Agriculture, Food and Rural Affairs on October 31, 2012. The corresponding amending regulations were filed with the Registrar of Regulations on November 1, 2012.
Further Information:
Proposal Number:
Posting Date:
August 31, 2012
Summary of Proposal:
The Ontario Asparagus Growers Marketing Board ("OAGMB") has requested that its name be changed to the "Asparagus Farmers of Ontario". This change is consistent with a corresponding name change that has occurred in recent years to the names of several other marketing boards (i.e. Chicken Farmers of Ontario, Grape Growers of Ontario, etc.) The revised name is viewed to be more appealing to consumers and others, and reflects that the board is involved in many activities that benefit the industry (such as research, advertising etc.) and not just activities that focus on the narrower aspects of marketing. The board's name is established in Regulation 391 (Asparagus - Plan) but complementary amendments to the board's name in Regulation 390 (Asparagus - Marketing) are also required. OAGMB has consulted with producers on this issue.

OAGMB has also asked for changes to the way the board is constituted under Regulation 391 (Asparagus - Plan). Currently, Regulation 391 divides Ontario into five districts. Each district is to have a producer committee with a specific number of members, and in turn, each district committee elects a specific number of its members to the board. The board is currently comprised of nine producers. When this district structure was originally established, there were many more producers, and production was spread out more across these districts. However, the number of producers has declined to about 90. After consulting with producers, OAGMB requested amendments to the way the board is constituted under Regulation 391.

The proposed amendments to the board structure include:
- reduction in the board size from nine members to seven
- the elimination of the district structure and electoral system
- the election of six board members at-large
- except in the first year, the elected board members would have a 2-year term
- these board members' terms would be staggered with three elected each year (after the first year)
- in the first year, three of these board members would be elected for two years, and three would be elected for one year
- the six elected board members would have the option of appointing a seventh board member
- the appointed board member would have a term length up to about one year but could be re-appointed in subsequent years
- OAGMB has asked for this option so that it could appoint a seventh board member if needed, for example, to augment the elected members' skills or knowledge in areas such as types of asparagus production operations, financial matters, asparagus research issues, etc.

In addition to the changes requested by OAGMB, other clarifying amendments would be made to Regulations 391 and 390. The definition of "producer" would be revised to mean the legal person who is engaged in producing the asparagus, consistent with other regulations under the Farm Products Marketing Act. Other amendments would clarify who can vote or be eligible for election or appointment to the board, where a producer is a partnership or corporation etc.

Please Note: All comments and submissions received will become part of the public record. You will not receive a formal response to your comment, however, relevant comments received as part of the public participation process for this proposal will be considered by the decision maker for this proposal.
Contact Address:
Laurinda Lang
Marketing Analyst
Ontario Farm Products Marketing Commission
1 Stone Rd. W., Guelph, ON, N1G 4Y2
Phone: 519 826-3242
Fax: 519 826-3400
Effective Date:
November 1, 2012