Regulation - Minister

Proposed amendments to Ontario Regulation 123/04: Apples - Plan and Ontario Regulation 125/04: Apples Marketing under the Farm Products Marketing Act.

Regulation Number(s):
O. Reg. 123/04
O. Reg. 125/04
Instrument Type:
Regulation - Minister
Bill or Act:
Farm Products Marketing Act
Summary of Decision:
The Ontario Farm Products Marketing Commission (Commission) amended Regulation 123/04: Apples - Plan under the Farm Products Marketing Act (FPMA). The amendments:

• Change the definition of a producer by removing the current requirement for a producer to be a beneficial owner (or tenant) of property on which apple trees are growing;

• permit producers to designate individuals to vote or be elected or appointed as a board member on their behalf;

• introduce a limit to the number of terms a producer could serve as a member of the board before having a break in service; and

• remove the term limits for chairs of the board.

These amendments:

• expand the eligibility of who could be a member of the OAG and in turn, potentially bring in new perspective around the board table on how the apple sector grows and evolves moving forward.

• better align the apple regulations with other regulations under the FPMA.

The Commission amended Regulation 125/04: Apples - Marketing under the FPMA. The amendments:

• replace the Fresh Apple Advisory Committee (AC) and the Juice Apple AC with one apple AC that would cover fresh, juice and processing apples;
• remove the requirement that the AC meet annually; and
• include provisions for replacing an AC member unable to act in their role.
Analysis of Regulatory Impact:
There are no anticipated direct compliance costs associated with the amendment to O. Reg. 123/04 and O. Reg. 125/04.
Further Information:
Proposal Number:
24-OMAFRA009
Posting Date:
March 27, 2024
Summary of Proposal:
Following a request of the Ontario Apple Growers (OAG), the Commission is proposing amendments to O. Reg. 123/04: Apples - Plan and O. Reg. 125/04: Apples - Marketing.

•The request for O. Reg. 123/04 is for a change to:
o the definition of a producer that removes the current requirement for a producer to be a beneficial owner of property on which apple trees are growing;
o permit producers to designate individuals to vote or be elected or appointed as a board member on their behalf;
o introduce a limit to the number of years a producer could serve as a member of the board before having a break in service; and
o remove the term limits for chairs of the board.
•The request for O. Reg. 125/04 is to:
o replace the Fresh Apple Advisory Committee and the Juice Apple Advisory Committee with one Apple Advisory committee (AC) that would cover fresh, juice and processing apples;
o remove the requirement that the advisory committee meet annually; and
o include provisions for replacing a committee member unable to act in their role.
• The Commission amends regulations periodically to help regulated marketing boards and sectors respond to changes in the marketplace and to better support the entire industry value chain.
• Additional minor consequential amendments, including removing spent provisions, may be considered.
• If approved, the changes would expand the eligibility of who could be a member of the Ontario Apple Growers and in turn, potentially bring in new perspectives around the Board table on how the apple sector grows and evolves moving forward.
Contact Address:
Branch: Ontario Farm Products Marketing Commission Secretariat
Address: 1 Stone Road West, 5th Floor, Guelph, ON, N1G 4Y2
Effective Date:
September 27, 2024
Decision:
Approved