Farm Products Containers Act

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Sections14

• 1Definitions

  1 In this Act, “association” means an association of producers; (“association”) “container” includes any bag, basket, bottle, box, can, carton, crate, pot or other receptacle used or suitable for use in the marketing of farm products; (“contenant”) “farm products” means such fruit, honey, maple products, vegetables, plants, flowers, mushrooms, seeds and articles of food or drink manufactured or derived in whole or in part from any of those products as are designated in the regulations; (“produits agricoles”) “licence” means a licence provided for in the regulations; (“permis”) “Minister” means the Minister of Agriculture, Food and Rural Affairs or such other member of the Executive Council to whom the administration of this Act may be assigned; (“ministre”) “producer” means a person engaged in the production of farm products and includes a person engaged in the handling, packing, process…

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• 2Minister may appoint Director, inspectors

  2 The Minister may appoint a Director to administer and enforce this Act and may appoint inspectors, who shall be under the supervision of the Director, to carry out the audits authorized under subsection 4 (1). R.S.O. 1990, c. F.7, s. 2.

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• 3Regulations

  3 If the Minister receives from an association a request that, for the purpose of defraying the expenses of the association, every producer specified in the request who purchases containers be required to be licensed and to pay licence fees and the Minister is of the opinion that the association is representative of the producers, the Lieutenant Governor in Council may make regulations, (a) designating the association as one to which this Act applies; (b) providing for the licensing of every producer and requiring the producer to pay licence fees to the association directly in respect of containers purchased outside Ontario and to the seller on behalf of the association in respect of containers purchased in Ontario; (c) fixing the amount of the licence fees and the time of payment thereof; (d) exempting from the regulations any class of producer; (e) exempting from the regulations any ty…

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• 4Audit by inspector

  4 (1) The records of associations that relate to the purchase or sale of containers may be audited by an inspector. R.S.O. 1990, c. F.7, s. 4 (1). Idem (2) Every association shall, upon the request of an inspector, produce or furnish their records that relate to the receipt and expenditure of fees received from sellers of containers and producers who have purchased containers outside Ontario. R.S.O. 1990, c. F.7, s. 4 (2).

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• 5Audit by association

  5 (1) The records of producers and sellers of containers that relate to the purchase or sale of containers may be audited by an auditor appointed by the association. R.S.O. 1990, c. F.7, s. 5 (1). Records to be produced (2) Every seller of containers and every producer shall, upon the request of an auditor, produce or furnish their records that relate to the purchase or sale of containers. R.S.O. 1990, c. F.7, s. 5 (2).

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• 6Examination of records

  6 (1) An inspector or auditor, as applicable, may enter and have access to any premises for the purpose of examining the records mentioned in subsection 4 (1) or 5 (1). R.S.O. 1990, c. F.7, s. 6 (1). Copies of record (2) An inspector or auditor may remove the records in order to make copies but shall immediately return them. R.S.O. 1990, c. F.7, s. 6 (2). Private residence (3) Subsection (1) is not authority to enter a private residence without the consent of the occupier. R.S.O. 1990, c. F.7, s. 6 (3). Reasonable times (4) The authority under subsection (1) shall be exercised only at reasonable times. R.S.O. 1990, c. F.7, s. 6 (4). Identification to be produced (5) An inspector or auditor exercising the authority under subsection (1) shall carry identification showing evidence of his or her appointment and shall produce the identification upon request. R.S.O. 1990, c. F.7, s. 6 (5). Cop…

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• 7Offence

  7 A person who contravenes any provision of this Act or the regulations is guilty of an offence and on conviction is liable to a fine of not more than $5,000 for a first offence and to a fine of not more than $10,000 for a subsequent offence. R.S.O. 1990, c. F.7, s. 7. ____________________

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