Ontario Fresh Grape Service Charge (Interprovincial and Export) Regulations (C.R.C., c. 198)

Short Title

1 These Regulations may be cited as the Ontario Fresh Grape Service Charge (Interprovincial and Export) Regulations.

Interpretation

2 In these Regulations,

appointed dealer-shipper

appointed dealer-shipper means a dealer-shipper in possession of a valid certificate of appointment issued by the Commodity Board pursuant to the Ontario Fresh Grape Shippers and Dealer-Shippers (Interprovincial and Export) Regulations; (négociant-expéditeur désigné)

appointed shipper

appointed shipper means a shipper in possession of a valid certificate of appointment issued by the Commodity Board pursuant to the Ontario Fresh Grape Shippers and Dealer-Shippers (Interprovincial and Export) Regulations; (expéditeur désigné)

Commodity Board

Commodity Board means The Ontario Fresh Grape Growers’ Marketing Board; (Office de commercialisation)

dealer-shipper

dealer-shipper means a person who sells or offers to sell, receives, assembles, packs, ships or transports fresh grapes but does not include

• (a) a servant employed by and driving a vehicle owned by a producer, an appointed shipper or an appointed dealer-shipper,

• (b) a railway company, or

• (c) a person who transports fresh grapes by motor vehicle as the agent of a producer; (négociant-expéditeur)

fresh grapes

fresh grapes means grapes produced in Ontario other than grapes that are used by a processor for processing; (raisin frais)

processing

processing means the manufacture of grape products or juice, beverage, spirits or wine from grapes and includes bottling, distilling or fermenting with sugar or sulphur dioxide or any other chemical; (transformation)

processor

processor means a person engaged in the business of processing grapes; (transformateur)

producer

producer means a person engaged in the production of fresh grapes; (producteur)

shipper

shipper means a person who receives, assembles, packs, ships or transports fresh grapes but does not include

• (a) a servant employed by and driving a vehicle owned by a producer, an appointed shipper or an appointed dealer-shipper,

• (b) a railway company, or

• (c) a person who transports fresh grapes by motor vehicle as the agent of a producer. (expéditeur)

Application

3 These Regulations apply only to the marketing of fresh grapes in interprovincial and export trade and to persons and property situated within the Province of Ontario.

4 A producer who sells a product directly to a consumer is, in respect of the product so sold, exempt from these Regulations.

Imposition and Rate

5 Every producer shall pay to the Commodity Board, in addition to the remuneration of the appointed shipper as determined by the Commodity Board from time to time, a service charge for the marketing of fresh grapes in the amount of 3/8 of one cent per pound of fresh grapes.

Method of Payment

• 6 (1) Where fresh grapes are sold through the Commodity Board, the Board shall deduct the service charge imposed by section 5 from the moneys payable by the Commodity Board to the producer for the sale of the fresh grapes.

• (2) Where fresh grapes are sold through a dealer-shipper, the dealer-shipper shall deduct the service charge imposed by section 5 from the moneys payable by him to the producer and remit the amount deducted to the Commodity Board within 21 days after the receipt by him of the fresh grapes.