Short Title

1 These Regulations may be cited as the Ontario Greenhouse Vegetable Appointed Shippers’ Procedures (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 section 4; (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 a 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.

Appointment as a Shipper

• 4 (1) No person shall act as a shipper unless he holds a valid certificate of appointment as a shipper issued by the Commodity Board authorizing him to act on behalf of the Commodity Board.

• (2) No certificate of appointment as a shipper shall be issued to a person by the Board

  • (a) except upon execution between the Commodity Board and the shipper of an agreement in the form and on the terms prescribed by the Commodity Board; and

  • (b) unless that person applies for the certificate by completing and forwarding to the Commodity Board an application in the form set out in Schedule I.

• (3) A certificate of appointment as a shipper shall

  • (a) be in the form set out in Schedule II; and

  • (b) expire on December 31st of the year in which it is issued or upon cancellation of the agreement referred to in paragraph (2)(a), whichever is earlier.

Purchase by Shipper

5 No shipper shall, without prior written consent of the Commodity Board, buy a product.

Method of Payment

• 6 (1) Where a product is sold through the Commodity Board, the purchaser shall be liable to pay out of free on board prices at the shipper’s platform the service charges from time to time fixed and imposed by the Commodity Board and the remuneration of the appointed shipper from time to time fixed by the Commodity Board.

• (2) The shipper shall pay to the producer not less than the full amount of the minimum price from time to time fixed by the Commodity Board for the product shipped by the shipper minus

  • (a) the service charges referred to in subsection (1); and

  • (b) the amount of any claim for compensation made under the Ontario Greenhouse Vegetable Information (Interprovincial and Export) Regulations for which payment is approved by the Commodity Board.

Sales Between Shippers

• 7 (1) Any shipper may deliver for sale or storage to any other shipper such quantity of a product as may be agreed on between them.

• (2) Where a product is delivered by one shipper to another shipper pursuant to subsection (1) and is sold through the Commodity Board by the shipper to whom it is delivered, the shipper’s remuneration shall be divided between the shipper who delivered the product and the shipper who received the product as determined by the Commodity Board.