Ontario Fresh Grape Information (Interprovincial and Export) Regulations (SOR/78-307)

Short Title

1 These Regulations may be cited as the Ontario Fresh Grape Information (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 Board pursuant to section 5 of 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 Board pursuant to section 4 of the Ontario Fresh Grape Shippers and Dealer-Shippers (Interprovincial and Export) Regulations; (expéditeur désigné)

Board

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

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 of 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.

Monthly Sales Return

4 Every person who sells fresh grapes in interprovincial or export trade shall deliver to the Board a Monthly Sales Return for each of the months of July, August, September, October, November and December in each year in the form set out in Schedule I, not later than the 15th day of the month next following the month covered by the return, containing for each sale the information required by the form.

Monthly Shipping Return

5 Every person who ships fresh grapes in interprovincial or export trade shall deliver to the Board a Monthly Shipping Return for each of the months of July, August, September, October, November and December in each year in the form set out in Schedule II, not later than the 15th day of the month next following the month covered by the return, containing for each shipment the information required by the form.

Monthly Transportation Return

6 Every person, other than a railway company, who transports fresh grapes in interprovincial or export trade shall deliver to the Board a Monthly Transportation Return for each of the months of July, August, September, October, November and December in each year in the form set out in Schedule III, not later than the 15th day of the month next following the month covered by the return, containing for each shipment the information required by the form.

Daily Tally Returns

7 Every shipper or dealer-shipper shall deliver to a properly identified representative of the Board a Daily Tally Return in the form set out in Schedule IV together with one copy of the shipping manifest, not later than 10:00 a.m. of the day next following the day covered by those documents, containing the information required by the form.

• 8 (1) At the time of receiving fresh grapes from a producer, every shipper or dealer-shipper shall deliver to the producer a receipt for the fresh grapes containing the following information:

  • (a) the name and address of the shipper or dealer-shipper;

  • (b) the name of the producer who delivered the fresh grapes to the shipper or dealer-shipper;

  • (c) the date of delivery of the fresh grapes to the shipper or dealer-shipper;

  • (d) the number and type of containers of each variety; and

  • (e) where fresh grapes are delivered in bulk for central packing, the charge made by the shipper or dealer-shipper for central packing.

• (2) A shipper or dealer-shipper may stamp on the receipt referred to in subsection (1) words to the effect that the prices are subject to change in accordance with any price determination order of the Board.

Inspection of Documents

9 Every shipper or dealer-shipper shall produce for inspection by a properly identified representative of the Board, at any time during the normal business hours of the shipper or dealer-shipper after 10:00 a.m. of the day next following receipt of fresh grapes from a producer, a true copy of the receipt referred to in subsection 8(1).

10 Every dealer-shipper shall produce for inspection by a properly identified representative of the Board, at any time during the normal business hours of the dealer-shipper after 10:00 a.m. of the day next following the day on which the dealer-shipper sold fresh grapes, a true copy of every invoice covering every sale of fresh grapes sold by him the previous day.

Annual List of Producers

11 Every shipper or dealer-shipper shall, not later than November 30th in each calendar year, deliver to the Board a written list showing the names and addresses of all producers from whom he has received fresh grapes in that calendar year.