Ontario Greenhouse Vegetable Pricing (Interprovincial and Export) Regulations (C.R.C., c. 209)

Short Title

1 These Regulations may be cited as the Ontario Greenhouse Vegetable Pricing (Interprovincial and Export) Regulations.

Interpretation

2 In these Regulations,

appointed shipper

appointed shipper means a shipper in possession of a valid and subsisting certificate of appointment issued by the Commodity Board pursuant to the Ontario Greenhouse Vegetable Appointed Shippers’ Procedures(Interprovincial and Export) Regulations; (expéditeur désigné)

Commodity Board

Commodity Board means The Ontario Greenhouse Vegetable Producers’ Marketing Board; (Office de commercialisation)

greenhouse vegetables

greenhouse vegetables means tomatoes, cucumbers and lettuce produced in the Province of Ontario in a greenhouse or any other enclosure under glass, plastic or other material used for the purpose of controlling temperature and providing protection for growing plants; (légumes de serre)

producer

producer means a person engaged in the production of greenhouse vegetables; (producteur)

product

product means any quantity of greenhouse vegetables; (produit)

shipper

shipper means any person who offers for sale, sells, receives, assembles, packs, ships for sale or transports a product, but does not include

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

• (b) a railway company, or

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

Application

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

Exemption

4 A producer who sells a product directly to a consumer or a consumer who buys a product directly from a producer is, in respect of that product, exempt from these Regulations.

Minimum Price

5 No person shall

• (a) sell or offer to sell a product, or

• (b) buy a product

at less than the minimum price as determined from time to time by the Commodity Board.

Conditions of Sale

6 No person shall sell, offer to sell or buy, either as principal or agent, any product

• (a) on commission or consignment;

• (b) in combination with any other commodity at a combined price or at a price not applicable to the current prices of the commodities individually; or

• (c) contemporaneously with or conditional upon

  • (i) any gift or sale of anything of value, or

  • (ii) any rebate or refund.

7 No shipper shall, on behalf of a producer, pay for or take into account in any transaction the cost of transportation of the product other than the transportation of the product from the premises of the producer to the premises of the shipper.

Method of Payment

8 Every shipper shall, within 21 days after receipt by him of a product from a producer, pay to the producer not less than the full amount of the minimum price determined by the Commodity Board for the product shipped by him, less only the following deductions:

• (a) the service charge imposed by the Commodity Board;

• (b) the remuneration of the appointed shipper as fixed from time to time by the Commodity Board;

• (c) where the product is delivered in bulk for central packing by the shipper before shipping, the charges made by the shipper for central packing;

• (d) the amount of any claim for compensation made under the Ontario Greenhouse Vegetable Information(Interprovincial and Export) Regulations received by the shipper if the claim is substantiated by the claimant and approved in writing by the Commodity Board; and

• (e) any amount then owing to the shipper by the producer for supplies purchased by the producer from him.

9 No shipper shall require any producer to deliver a receipt or other similar document in respect of a product received from that producer before he pays the producer as required by section 8.

Brokerage

• 10 (1) No person shall pay brokerage fees on a product to any produce broker in excess of the brokerage rates prevailing in the province in which the product is sold.

• (2) No person shall pay brokerage fees in the Province of Ontario or Quebec to any person other than a licensed produce broker.

• (3) No person shall pay brokerage fees in the Province of Newfoundland, Nova Scotia, New Brunswick, Prince Edward Island, Manitoba, Saskatchewan or Alberta to any person other than a licensed produce broker or a central purchasing agent in a province who serves more than five wholesale outlets in that province.