Regulation - Minister
Proposed amendments to Regulation 440: Vegetables for Processing - Marketing and Regulation 441: Vegetables for Processing - Plan under the Farm Products Marketing Act Revoking spent regulations pertaining to the processing vegetable sector under the Farm Products Marketing Act
Regulation Number(s):
Regulation 440
Regulation 441
O. Reg. 59/17
O. Reg. 22/19
Regulation 441
O. Reg. 59/17
O. Reg. 22/19
Instrument Type:
Regulation - Minister
Bill or Act:
Farm Products Marketing Act
Summary of Decision:
The Ontario Farm Products Marketing Commission amended Regulation 440: Vegetables for Processing - Marketing under the Farm Products Marketing Act. The amendments:
• Provide flexibility for tomato / carrot processors and their associated producers to determine whether they need a Commission representative to hold the vote(s) at annual meetings prior to negotiations.
• Provide for joint negotiating agencies if more than one tomato or carrot processor and their associated producers are in favour of establishing a single negotiating agency.
• Increase the producer participation thresholds that would mandate producer meetings where producers of a regulated commodity determine whether to:
o Accept their processor's final negotiated offer; or
o Proceed to arbitration.
• Provide clarity around the term "final negotiated offer" in the regulation.
• Provide flexibility for all negotiating agencies to appoint conciliators at any time prior to the deadline for completing negotiations.
• Require the Ontario Farm Products Marketing Commission to appoint an arbitrator only if a negotiating agency fails to appoint one.
The Commission amended Regulation 441: Vegetables for Processing - Plan under the Farm Products Marketing Act. The amendments:
• Allow Ontario Processing Vegetable Growers' Vice-Chair(s) to act as Chair in cases of unforeseen absence of the Commission-appointed Chair.
• Provide for in-person voting in board elections (in addition to mail and electronic voting).
• Allow parameters governing the nomination process, ballot counting, and election records to be set by the board similar to other marketing boards by removing these aspects from regulations. (The board must have a policy with respect to nominations for local board elections.)
The Commission revoked two regulations under the Farm Products Marketing Act as they are no longer applicable.
• Ontario Regulation 59/17: Vegetables for Processing - Negotiating Agencies and Specified Negotiation Deadlines in 2017
• Ontario Regulation 22/19: Vegetables for Processing - Extending 2019 Negotiation Deadlines
• Provide flexibility for tomato / carrot processors and their associated producers to determine whether they need a Commission representative to hold the vote(s) at annual meetings prior to negotiations.
• Provide for joint negotiating agencies if more than one tomato or carrot processor and their associated producers are in favour of establishing a single negotiating agency.
• Increase the producer participation thresholds that would mandate producer meetings where producers of a regulated commodity determine whether to:
o Accept their processor's final negotiated offer; or
o Proceed to arbitration.
• Provide clarity around the term "final negotiated offer" in the regulation.
• Provide flexibility for all negotiating agencies to appoint conciliators at any time prior to the deadline for completing negotiations.
• Require the Ontario Farm Products Marketing Commission to appoint an arbitrator only if a negotiating agency fails to appoint one.
The Commission amended Regulation 441: Vegetables for Processing - Plan under the Farm Products Marketing Act. The amendments:
• Allow Ontario Processing Vegetable Growers' Vice-Chair(s) to act as Chair in cases of unforeseen absence of the Commission-appointed Chair.
• Provide for in-person voting in board elections (in addition to mail and electronic voting).
• Allow parameters governing the nomination process, ballot counting, and election records to be set by the board similar to other marketing boards by removing these aspects from regulations. (The board must have a policy with respect to nominations for local board elections.)
The Commission revoked two regulations under the Farm Products Marketing Act as they are no longer applicable.
• Ontario Regulation 59/17: Vegetables for Processing - Negotiating Agencies and Specified Negotiation Deadlines in 2017
• Ontario Regulation 22/19: Vegetables for Processing - Extending 2019 Negotiation Deadlines
Analysis of Regulatory Impact:
There are no anticipated direct compliance costs associated with the proposed amendments.
Further Information:
Reg. 440
Proposal Number:
24-OMAFRA014
Posting Date:
June 4, 2024
Summary of Proposal:
Due to a technical error with the Regulatory Registry, the proposed amendments to the regulations governing the processing vegetable sector have been reposted for consultation, and the original posting has been removed. No changes were made to the content of the posting. The deadline for commenting on the proposals remains as June 17, 2024. If a comment was sent between May 3 and June 3, please resubmit your comment as it may not have been received.
The Ontario Farm Products Marketing Commission is proposing amendments to Regulation 440: Vegetables for Processing - Marketing under the Farm Products Marketing Act. The proposed amendments, if made, would:
• Provide flexibility for tomato / carrot processors and their associated producers to determine whether they need a Commission representative to hold the vote or votes at annual meetings prior to negotiations.
• Provide for joint negotiating agencies if more than one tomato or carrot processor and their associated producers are in favour of establishing a single negotiating agency.
• Change the composition of negotiating agencies for the tomato and carrot sectors, which may include:
o Removing the ability of processors to appoint producer members to negotiating agencies; and
o Increasing the number of producer members on negotiating agencies to provide for a more balanced representation.
• Increase the producer participation thresholds that would mandate producer meetings where producers of a regulated commodity determine whether to:
o Accept their processor's final negotiated offer; or
o Proceed to arbitration.
• Provide clarity around the term "final negotiated offer" in the regulation.
• Provide flexibility for all negotiating agencies to appoint conciliators at any time prior to the deadline for completing negotiations.
• Require the Ontario Farm Products Marketing Commission to appoint an arbitrator only if a negotiating agency fails to appoint one.
The Commission will also revoke spent provisions in the regulation.
The Ontario Farm Products Marketing Commission is also proposing amendments to Regulation 441: Vegetables for Processing - Plan under the Farm Products Marketing Act. The amendments, if made, would:
• Allow Ontario Processing Vegetable Growers' Vice-Chair(s) to act as Chair in cases of unforeseen absence of the Commission-appointed Chair.
• Provide for in-person voting in board elections (in addition to mail and electronic voting).
• Allow parameters governing the nomination process, ballot counting, and election records to be set by the board similar to other marketing organizations by removing these aspects from regulations.
The Commission is also proposing to revoke the following regulations under the Farm Products Marketing Act as they are no longer applicable.
• Ontario Regulation 59/17: Vegetables for Processing - Negotiating Agencies and Specified Negotiation Deadlines in 2017
• Ontario Regulation 22/19: Vegetables for Processing - Extending 2019 Negotiation Deadlines
The Ontario Farm Products Marketing Commission is proposing amendments to Regulation 440: Vegetables for Processing - Marketing under the Farm Products Marketing Act. The proposed amendments, if made, would:
• Provide flexibility for tomato / carrot processors and their associated producers to determine whether they need a Commission representative to hold the vote or votes at annual meetings prior to negotiations.
• Provide for joint negotiating agencies if more than one tomato or carrot processor and their associated producers are in favour of establishing a single negotiating agency.
• Change the composition of negotiating agencies for the tomato and carrot sectors, which may include:
o Removing the ability of processors to appoint producer members to negotiating agencies; and
o Increasing the number of producer members on negotiating agencies to provide for a more balanced representation.
• Increase the producer participation thresholds that would mandate producer meetings where producers of a regulated commodity determine whether to:
o Accept their processor's final negotiated offer; or
o Proceed to arbitration.
• Provide clarity around the term "final negotiated offer" in the regulation.
• Provide flexibility for all negotiating agencies to appoint conciliators at any time prior to the deadline for completing negotiations.
• Require the Ontario Farm Products Marketing Commission to appoint an arbitrator only if a negotiating agency fails to appoint one.
The Commission will also revoke spent provisions in the regulation.
The Ontario Farm Products Marketing Commission is also proposing amendments to Regulation 441: Vegetables for Processing - Plan under the Farm Products Marketing Act. The amendments, if made, would:
• Allow Ontario Processing Vegetable Growers' Vice-Chair(s) to act as Chair in cases of unforeseen absence of the Commission-appointed Chair.
• Provide for in-person voting in board elections (in addition to mail and electronic voting).
• Allow parameters governing the nomination process, ballot counting, and election records to be set by the board similar to other marketing organizations by removing these aspects from regulations.
The Commission is also proposing to revoke the following regulations under the Farm Products Marketing Act as they are no longer applicable.
• Ontario Regulation 59/17: Vegetables for Processing - Negotiating Agencies and Specified Negotiation Deadlines in 2017
• Ontario Regulation 22/19: Vegetables for Processing - Extending 2019 Negotiation Deadlines
Contact Address:
Branch: Ontario Farm Products Marketing Commission Secretariat
Address: 1 Stone Road West, Guelph, ON N1G 4Y2
Address: 1 Stone Road West, Guelph, ON N1G 4Y2
Effective Date:
September 20, 2024
Decision:
Approved