Regulation - Other

Addition of Oats and Barley, including mixed oats and barley to Ontario Regulation 485/09 Grain (Grain Corn, Soybeans and Wheat) - Marketing and Ontario Regulation 484/09 Grain (Grain Corn, Soybeans and Wheat) - Plan

Regulation Number(s):
Regulation 485/09 Grain (Grain Corn, Soybeans and Wheat) - Marketing
Regulation 484/09 Grain (Grain Corn, Soybeans and Wheat) - Plan
Instrument Type:
Regulation - Other
Bill or Act:
Farm Products Marketing Act
Summary of Decision:
The amendments to add oat and barley production in Ontario to the authorities of the Grain Farmers of Ontario, under Ontario Regulation 484/09 (Grain - Plan) of the Farm Products Marketing Act were made by the Lieutenant Governor in Council and filed with the Registrar of Regulations on May 21, 2015.

On April 8, 2015, under authority of the Farm Products Marketing Act, the Ontario Farm Products Marketing Commission made consequential amendments to add oat and barley production in Ontario to Ontario Regulation 485/09 (Grain - Marketing). The amendments to Ontario Regulation 485/09 were filed with the Registrar of Regulations on May 22, 2015.

The amendments to Ontario Regulations 484/09 and 485/09 become effective on July 1, 2015.
Further Information:
Proposal Number:
15-MAFRA001
Posting Date:
February 11, 2015
Summary of Proposal:
The Grain Farmers of Ontario (GFO) is a marketing board established under the Farm Products Marketing Act (FPMA). Marketing boards may be delegated a number of regulatory authorities by the Ontario Farm Products Marketing Commission (the Commission).

Under Regulation 484/09, the GFO has been delegated a number of authorities with respect to grain corn, soybeans and wheat.

The main regulatory authorities are for the purposes of market promotion and development, research, education and and government advocacy. The GFO also has the authority to conduct a wheat pool and forward contracting for growers who wish to market their crop through the GFO. Oats and barley will not be subject to any of the pooling authorities granted to wheat.

Producers pay a licence fee to finance GFO activities; the fee per commodity is based on tonnes marketed, calculated equivalent to $1.75 per acre. These fees are collected by appointed agents, local grain handling elevators and processors and remitted to the GFO. Farm fed grain and farmer to farmer sales are exempt from licence fees under Regulation 485/09 and this will also be the case for oats and barley.

In the Winter of 2014, a group of oat and barley growers approached the GFO if they would consider supporting their proposal to join the GFO. Subsequently, a committee with GFO and oat and barley representatives presented a proposal to the Commission and asked that an Expression of Opinion vote be held among oat and barley growers to determine if they were in favour of joining the GFO. The Commission agreed and held the vote in November 2014.

Of those voting, 77 per cent were in favour of the proposal, representing 89% of the production of oats and barley of those who voted. The minimum thresholds for a successful Expression of Opinion Vote (662/3 per cent of producers voting, and 50 per cent of production of producers voting) were easily met. On December 10, 2014, the Commission agreed in principle to support the addition of oats and barley to the GFO plan and marketing regulations and to recommend it to the Minister of Agriculture, Food and Rural Affairs, and subsequently to the Cabinet.

There are two regulations that would require amendments in order to add oats and barley, including mixed oats and barley, to GFO's authorities:
• Ontario Regulation 484/09 Grain (Grain Corn, Soybeans and Wheat) - Plan. Amendments of this nature (i.e. adding an additional agricultural commodity to the regulatory authorities) require approval by the Lieutenant-Governor-in-Council.
• Ontario Regulation 485/09 Grain (Grain Corn, Soybeans and Wheat) - Marketing. This is a Commission regulation that the Commission has the authority to amend.
Contact Address:
Rob Gamble
Marketing Analyst
Ontario Farm Products Marketing Commission
Address: 1 Stone Rd. W., Guelph, ON, N1G 4Y2
Email : rob.gamble@ontario.ca
Phone: 519-826-3401
Fax: 519-826-3400
Effective Date:
July 1, 2015
Decision:
Approved