Farm Products Marketing Act

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Sections46

• 1Definitions

  1 In this Act, “Commission” means the Ontario Farm Products Marketing Commission under the Ministry of Agriculture, Food and Rural Affairs Act; (“Commission”) “Director” means the Director appointed under this Act; (“directeur”) “farm product” means animals, meats, eggs, poultry, wool, dairy products, grains, seeds, fruit, fruit products, vegetables, vegetable products, maple products, honey, tobacco, wood, or any class or part of any such product, and articles of food or drink manufactured or derived in whole or in part from any such product, and such other natural products of agriculture as are designated in the regulations, and, for the purposes of this Act, fish shall be deemed to be a farm product; (“produit agricole”) “licence” means a licence provided for under this Act; (“permis”) “local board” means a board constituted under a plan; (“commission locale”) “marketing” includes adv…

• 1.
• 2Purpose of Act

  2 The purpose of this Act is to provide for the control and regulation in any or all aspects of the producing and marketing within Ontario of farm products including the prohibition of such producing or marketing in whole or in part. R.S.O. 1990, c. F.9, s. 2.

• 2.
• 3Authority of Commission

  3 (1) The Commission may, (a) subject to the regulations, investigate, adjust or otherwise settle any dispute relating to the marketing of a regulated product between producers and persons engaged in marketing or processing the regulated product; (b) investigate any matter relating to the producing, marketing or processing of a regulated product; (c) after a hearing, prohibit a person engaged in marketing a regulated product from terminating or varying, without just cause, the buying or the selling, as the case may be, of the regulated product; (d) investigate the cost of producing, processing and marketing any farm product, prices, price spreads, trade practices, methods of financing, management policies and other matters relating to the marketing of farm products; (e) require persons engaged in producing or marketing a regulated product to register the business contact information and …

• 3.
• 4Commission may make recommendations re plan

  4 (1) Where the Commission receives from a group of producers in Ontario or any part thereof a petition or request asking that a plan be established for the control and regulation of the producing or marketing of a farm product or any class or part thereof and the Commission is of the opinion that the group of producers is representative of the persons engaged in the production of the farm product or class or part thereof, the Commission may recommend the establishment of such plan to the Minister. R.S.O. 1990, c. F.9, s. 4 (1). Amendment to plan (2) Where the Commission receives from a local board a request that amendment be made to the plan or to regulations under the plan under which the local board is constituted, the Commission may recommend such amendment to the Minister. R.S.O. 1990, c. F.9, s. 4 (2).

• 4.
• 5Regulations re plans and local boards

  5 (1) Despite section 4, the Lieutenant Governor in Council may make regulations, (a) establishing, amending and revoking plans for control and regulation of the producing or marketing within Ontario or any part thereof of any farm product and constituting local boards to administer such plans; (b) Repealed: 2006, c. 19, Sched. A, s. 7 (1). (c) defining any word or words for the purpose of any plan; (d) prescribing the powers, duties and functions of a local board constituted under clause (a); (e) prescribing by-laws for regulating the conduct of the affairs of the Commission; (f) Repealed: 1994, c. 27, s. 20 (2). (g) providing for, (i) the carrying out by the Commission or a trustee of any or all of the powers of a local board, (ii) the vesting of the assets of a local board in the Commission or a trustee, and (iii) the disposing of any or all of the assets of a local board in such mann…

• 5.
• 5.1Regulations amending plans

  5.1 Subject to the Minister’s approval, the Commission may make regulations amending plans for control and regulation of the producing or marketing within Ontario, or any part of it, of any farm product and constituting local boards to administer such plans. 1994, c. 27, s. 20 (3). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 20 (3) - 09/12/1994

• 6Production of records, etc.

  6 (1) Every person when requested to do so by a person, appointed by the Commission or a local board to carry out one or more of the duties referred to in clause 3 (1) (g) respecting a regulated product, shall, in respect of that regulated product, produce such books, records and documents and permit inspection thereof and supply extracts therefrom, permit inspection of such lands or premises and regulated product and growing plants or development in the producing of the regulated product and permit such measurement of the area of land used to produce the regulated product or the performance of such count of the regulated product. R.S.O. 1990, c. F.9, s. 6 (1); 2009, c. 33, Sched. 1, s. 12 (5). (2), (3) Repealed: 2009, c. 33, Sched. 1, s. 12 (6). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 1, s. 12 (5, 6) - 15/12/2009

• 6.
• 7Regulations

  7 (1) The Commission may make regulations generally or with respect to any regulated product, 1. providing for the licensing of any or all persons before commencing or continuing to engage in the producing, marketing or processing of a regulated product and delegating to the Director the authority to grant, refuse to grant, renew, suspend and revoke licences; 2. prescribing or providing for classes of licences and the imposition of terms and conditions on any class of licence; 3. providing that the Commission, Director or local board may impose such terms and conditions upon a licence as the Commission, Director or local board considers proper; 4. prohibiting persons from engaging in the producing, marketing or processing of any regulated product except under the authority of a licence and except in compliance with the terms and conditions of the licence; 5. providing for the refusal to …

• 7.
• 8Regulations vesting powers in local board

  8 (1) The Commission may make regulations vesting in any local board any powers that the Commission considers necessary or advisable to enable such local board effectively to promote, regulate and control the producing or marketing of the regulated product, and, without limiting the generality of the foregoing, may make regulations, (a) vesting in any local board any or all of the following powers, (i) to direct and control, by order or direction either as principal or agent, the producing or marketing of the regulated product, including the times and places at which the regulated product may be produced or marketed, (ii) to determine the quality of each class, variety, grade and size of the regulated product that shall be marketed by each producer, (iii) to prohibit the marketing of any class, variety, grade or size of the regulated product, (iv) to determine from time to time the price…

• 8.
• 9Limitation of powers of local board

  9 Where the Commission delegates to a local board powers or authorizes a local board to exercise powers under this Act or vests in a local board powers under this Act, the Commission may at any time, (a) limit the powers of the local board in any or all respects; and (b) revoke any regulation, order or direction of the local board made or purporting to be made under such powers. R.S.O. 1990, c. F.9, s. 9.

• 9.
• 10Producer-processor

  10 (1) Any person who is a producer and a processor of a regulated product is entitled in the person’s respective capacities as a producer and as a processor to all the rights and privileges and is subject to all the duties and obligations of a producer and a processor. R.S.O. 1990, c. F.9, s. 10 (1). Idem (2) Any person who is a producer and a processor of a regulated product shall be deemed to have received in the person’s capacity as a processor from the person in the person’s capacity as a producer the regulated product produced by the person that the person processes and to have contracted in that capacity with the person in the person’s capacity as a producer for the sale thereof upon the condition that the regulations, orders, directions, agreements and awards and the renegotiated agreements and awards made under this Act apply. R.S.O. 1990, c. F.9, s. 10 (2). Producer deemed to b…

• 10.
• 11Director

  11 (1) The Minister may appoint a Director for the purposes of this Act. R.S.O. 1990, c. F.9, s. 11 (1). Duties of director (2) The Director shall exercise the powers and perform the duties conferred or imposed under this or any other Act. R.S.O. 1990, c. F.9, s. 11 (2).

• 11.
• 12Designation of association of producers

  12 (1) Where the Commission receives from a group of producers in Ontario or any part thereof a petition or request asking that an association of producers of a farm product, other than a regulated product, incorporated under Part II of the Agricultural and Horticultural Organizations Act or the Not-for-Profit Corporations Act, 2010 or any predecessor of either of such Acts, and having as its objects the stimulating, increasing and improving of the producing or marketing locally within Ontario of the farm product by advertising, education, research or other means, be designated as the representative association for all producers in Ontario of that farm product, the Commission shall, (a) obtain such information as it considers necessary to determine that the association is representative of the persons engaged in the production of the farm product; (b) consider any proposed program of the…

• 12.
• 13Injunction proceedings

  13 Where it is made to appear from the material filed or evidence adduced that any offence against this Act or the regulations or any plan, order, direction, agreement, award or renegotiated agreement or award made under this Act has been or is being committed by any person engaged in marketing or processing a regulated product, the Superior Court of Justice or a judge thereof may, upon the application of the Commission, Director or a local board, enjoin any such person from continuing to engage in marketing or processing the regulated product absolutely or for such period as seems just, and any injunction cancels the licence, if any, of the person named in the order for the same period. R.S.O. 1990, c. F.9, s. 13; 2006, c. 19, Sched. C, s. 1 (1). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006

• 13.
• 14Regulations vesting power in local board to make regulations

  14 (1) The Commission may make regulations vesting in any local board the power to make regulations, (a) providing for the seizure and detention of the whole or any part of any regulated product or any class, variety, grade or size thereof by any person appointed pursuant to clause 3 (1) (g) where the person believes on reasonable grounds an offence against this Act or the regulations has been committed in respect of the regulated product; (b) providing for the release from detention of the whole or any part of any regulated product or any class, variety, grade or size thereof where the local board is satisfied that the owner of the regulated product that has been seized and detained complies with this Act and the regulations respecting the regulated product; (c) providing for the disposal of the whole or any part of any regulated product or any class, variety, grade or size thereof that…

• 14.
• 14.1Entry onto lands or premises

  14.1 (1) A person authorized under this Act to enter lands or premises other than a dwelling may do so at any reasonable time. 2009, c. 33, Sched. 1, s. 12 (10). Entry into a dwelling (2) A person authorized under this Act to enter premises may enter premises that are a dwelling at any reasonable time if reasonable notice has been given to the occupant and the occupant has consented or if the entry is under the authority of a warrant. 2009, c. 33, Sched. 1, s. 12 (10). Warrants (3) A person authorized under this Act to carry out one or more of the duties referred to in clause 3 (1) (g) may apply, without notice, to a provincial judge or a justice of the peace to obtain a warrant, (a) to enter premises that are a dwelling; or (b) to enter any premises or conveyance, (i) if entry to the premises or conveyance has been refused, or (ii) if there are reasonable grounds to believe that entry t…

• 15.
• 15Offences

  15 Every person who contravenes this Act or the regulations or any plan or any order or direction of the Commission, the Director or any local board, or any agreement or award or renegotiated agreement or award declared to be in force by the Commission is guilty of an offence and on conviction is liable for a first offence to a fine of not more than $2,000 for each day that the offence continues and for a subsequent offence to a fine of not more than $10,000 for each day that the offence continues. R.S.O. 1990, c. F.9, s. 15.

• 16.
• 16Failure to pay minimum price

  16 (1) Every person who fails to pay at least the minimum price established for a regulated product in an agreement or award filed with the Commission or the price of a regulated product determined by a local board is, in addition to the fine provided for in section 15, liable to a penalty of an amount equal to the amount of such minimum or determined price, less any amount paid by such person as payment in full or in part for such regulated product. R.S.O. 1990, c. F.9, s. 16 (1). Disposition of penalty (2) Every penalty imposed under subsection (1) shall be paid to the local board and the local board shall, (a) distribute the money so paid proportionately among the persons who failed to receive at least the minimum or determined price; or (b) use the money to stimulate, increase and improve the producing or marketing of the regulated product. R.S.O. 1990, c. F.9, s. 16 (2).

• 17.
• 17Money received by Commission

  17 All money received by the Commission shall be deposited to the credit of the Consolidated Revenue Fund. R.S.O. 1990, c. F.9, s. 17.

• 18.
• 18Evidence

  18 In an action or prosecution under this Act where the production of an agreement, award, order, regulation, direction, rule, resolution, determination or minute of the Commission or a local board is required, any document purporting to be a copy of such agreement, award, order, regulation, direction, rule, resolution, determination or minute, certified to be a true copy thereof by the chair or secretary of the Commission or the local board, as the case may be, is admissible in evidence as proof, in the absence of evidence to the contrary, of the making and the text thereof without production of the original document and without proof of the signature of the person purporting to have certified it. R.S.O. 1990, c. F.9, s. 18.

• 19.
• 19Action or prosecution

  19 (1) In an action or prosecution under this Act, the onus is upon the defendant or the accused, as the case may be, to prove that the product in respect of which the action or prosecution is brought is not a regulated product within the meaning of this Act. R.S.O. 1990, c. F.9, s. 19 (1). Evidence applicable (2) In a prosecution under the Agricultural Products Marketing Act (Canada), the court, if it finds that the offence is not proved under that Act but the evidence establishes an offence of a similar kind in relation to the control or regulation of the marketing of the regulated product locally within Ontario under section 15 or 16, may convict the accused under this Act although no information has been laid under this Act. R.S.O. 1990, c. F.9, s. 19 (2).

• 20.
• 20Repealed

  20 Repealed: 2009, c. 33, Sched. 1, s. 12 (11). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 1, s. 12 (11) - 15/12/2009

• 21.
• 21Chicks, eggs and fowl

  21 (1) In this section, “chicks-for-placement” means female chickens 19 weeks of age or less or any class of them; (“poussins pour la mise en place”) “eggs” means eggs of a domestic hen other than hatching eggs; (“oeufs”) “fowl” means a domestic hen more than 19 weeks of age; (“poule adulte”) “hatching eggs” means eggs of a domestic hen produced for the purpose of hatching into chicks; (“oeufs d’incubation”) “local board” means the Egg Farmers of Ontario; (“commission locale”) “producing” means, (a) in the case of chicks-for-placement, the provision of housing, feed, water or care therefor and the preparation thereof for sale or for use as fowl, and (b) in the case of eggs and hatching eggs, the provision of housing, feed, water or care for the fowl that lay such eggs or hatching eggs and the preparation of the eggs or hatching eggs for sale or for hatching, as the case may be. (“produir…

• 22.
• 22Agreements

  22 (1) The Minister may, with the approval of the Lieutenant Governor in Council, enter into agreements with the Government of Canada providing for, (a) the performance by a marketing agency of Canada, on behalf of the Government of Ontario, of any function relating to intraprovincial trade in a regulated product in respect of which the marketing agency may exercise its powers relating to interprovincial or export trade; (b) the performance by the Commission or any local board of Ontario, on behalf of the Government of Canada, of any function relating to interprovincial or export trade in a regulated product in respect of which the Commission or local board may exercise its powers relating to intraprovincial trade; and (c) such other matters relating to intraprovincial and interprovincial or export trade as may be agreed upon by the Minister and the Government of Canada. R.S.O. 1990, c. …