Regulation - Other

Proposed amendments to R.R.O. 1990 Regulation 434 (Tender Fruit - Plan) made under the Farm Products Marketing Act to change the district and producer committee structures of the Ontario Tender Fruit Producers' Marketing Board.

Regulation Number(s):
R.R.O. 1990 Regulation 434 (Tender Fruit - Plan)
Instrument Type:
Regulation - Other
Bill or Act:
Farm Products Marketing Act
Summary of Decision:
On September 18, 2013, the Commission approved the amendments to Regulation 434 (Tender Fruit - Plan) as described above as well as additional amendments that revoked outdated references to the Co-operative Corporations Act and replaced them with a standard list of board authorities, powers and duties and amendments that established rules for circumstances where a producer produces tender fruit in more than one district. All amendments were approved by the Minister of Agriculture and Food on November 25, 2013. The Regulation was filed with the Registrar of Regulations on November 26, 2013. The amendments came into force upon filing.
Further Information:
Proposal Number:
13-MAF010
Posting Date:
July 24, 2013
Summary of Proposal:
The Ontario Tender Fruit Producers Marketing Board (the "Board") has asked the Ontario Farm Products Marketing Commission (the "Commission") to amend Regulation 434 to change the Board's governance structure. The proposed amendments to Regulation 434 would:
- divide one of the Board's electoral districts (District 1) into two separate districts; and,
- amend the formula for determining the number of members on each District Tender Fruit Producer's Committee.

District Structure

Regulation 434 establishes 5 electoral districts. Each tender fruit producer belongs to one of the districts. Each district elects a District Tender Fruit Producer's Committee ("Committee"), and each Committee elects one or more Board members. The primary role of the Committees is to provide information to the Board on the fruit (e.g., quality, quantity, size, volume etc). The Board considers this information when making pricing decisions.

District 1 is the largest district, with about 200 of the 300 Ontario producers. Crop conditions can vary significantly across this geographic area. By dividing this district into two, the Board would have two Committees reporting information for this geographic area, and thereby allowing the Board to make better informed pricing decisions.

Currently, District 1 is comprised of the Judicial District of Niagara North and the regional municipalities of Halton, Hamilton-Wentworth and Peel.

The board is proposing that the district be divided into the following two districts:

- District 1a, comprised of the lower-tier municipalities of Niagara-on-the-Lake and St. Catharines in the geographic area of Niagara.

- District 1b, comprised of the lower-tier municipalities of Grimsby, Lincoln, and West Lincoln in the geographic area of Niagara and the geographic areas of Halton, Peel, and Hamilton.

There would be no changes to the geographic areas included in the other four districts, but their descriptions would be updated to reflect current terminology for naming municipalities and geographic areas in Ontario.

Committee members in District 1 currently elect five board members. The Committees in District 1a and District 1b would jointly elect five members to the Board.

Election Of District Committee Members

Currently, the producers in each district elect two representatives to their Committees and, where there are more than 40 producers in a district, they elect one additional representative for every 20 producers, or part thereof, that exceed the 40.

The number of producers continues to decline. The proposed amendment would change the formula for determining the number of members on each Committee to ensure that the Committees continue to have an adequate number of members. Producers in each district would elect two representatives to the Committee and where there are more than 20 producers in a district, the producers would elect one additional representative for every 20 producers, or part thereof, that exceed the 20.
Contact Address:
Laurinda Lang
Marketing Analyst
Ontario Farm Products Marketing Commission
5SW, 1 Stone Rd W, Guelph, ON
Phone: 519 826-3242
Fax: 519 826-3400
Effective Date:
November 26, 2013
Decision:
Approved