Proposed amendments to Ontario Regulation 484/09 (Grain (Grain Corn, Soybeans and Wheat) Plan) and Ontario Regulation 485/09 (Grain (Grain Corn, Soybeans and Wheat) - Licensing and Regulation) under the Farm Products Marketing Act.
Ontario Regulation 484/09 (Grain (Grain Corn, Soybeans and Wheat) Plan)
Ontario Regulation 485/09 (Grain (Grain Corn, Soybeans and Wheat) - Licensing and Regulation)
Regulation - LGIC
Bill or Act:
Farm Products Marketing Act
Summary of Decision:
On November 21, 2013, the Ontario Farm Products Marketing Commission ("Commission") made a regulation amending Regulation 485/09 (Grain (Grain Corn, Soybeans and Wheat) - Licensing and Regulation). The Commission made a regulation amending Regulation 484/09 (Grain (Grain Corn, Soybeans and Wheat) - Plan) on the same day and recommended its approval, as required, by the Minister of Agriculture and Food. The regulation amending Ontario Regulation 484/09 Grain (Grain Corn, Soybeans and Wheat - Plan) was approved by the Minister of Agriculture and Food on November 25, 2013. These amending regulations were filed with the Registrar of Regulations on November 26, 2013 and became effective upon filing.
October 2, 2013
Summary of Proposal:
The GFO was created on January 1, 2010. Section 12 of O. Reg. 484/09 requires a review of the districts and other governance structures on or before the third anniversary day on which the regulation came into force. Upon completion of their review the GFO submitted the proposal to the Commission. The Commission met with the GFO to review the recommendations and agreed to support the proposed amendments to the regulations.
The GFO also requested that prescribed limits on its operating reserve in Regulation be removed from O. Reg. 485/09. The Commission reviewed the rationale for removing these limits and agreed to support the making of appropriate amendments to O. Reg. 485/09 to remove these and related provisions and instead require the GFO to develop a policy consistent with the Commission guidelines on operating reserves.
Proposed amendments to O. Reg. 484/09 (Grain (Grain Corn, Soybeans and Wheat) Plan) would be as follows:
- Under Subsection 7(5) the term of the District Committee delegates (i.e. members) would begin the day of their election instead of the day following their election. This allows the newly elected delegates to conduct a meeting on the same day they are elected. This is a common practice to save time and money.
- Producers who have not paid any license fees to GFO on grain sold within the two calendar years prior to the election of District Committee delegates would no longer be eligible to be elected as delegates and therefore ineligible to elected or appointed as members (i.e. directors) of the board of GFO.
- Members of the board of GFO would be elected for a two year term instead of a one year term. This would be staggered so as to have the possibility of new directors every year and maintain continuity at the same time. Delegates who were elected or appointed to the board of GFO would have their terms as delegates extended to coincide with their terms as members of the GFO board.
- The business address of a producer that is registered with GFO would be used to determine the producer's district for the purposes of elections to District Committees and elections and appointments to the board of GFO. This rule would apply whether the producer was a sole proprietor (i.e. individual), a partnership, or corporation.
- Amendments would clarify the role of the district grain committees.
- Housekeeping amendments would remove transitional provisions regarding the first board of GFO.
Proposed amendments to O. Reg. 485/09 Grain (Grain Corn, Soybeans and Wheat) - Licensing and Regulation would be as follows:
- The provisions that prescribe limits on GFO's operating reserve and related provisions would be removed from the regulation allowing the GFO to develop an operating reserve policy consistent with Commission guidelines on operating reserves.
Ontario Farm Products Marketing Commission
1 Stone Rd. W., Guelph, ON, N1G 4Y2
Phone: 519 826-3242
Fax: 519 826-3400
November 26, 2013