Ontario Greenhouse Vegetable Service Charge (Interprovincial and Export) Regulations (C.R.C., c. 211)

Short Title

1 These Regulations may be cited as the Ontario Greenhouse Vegetable Service Charge (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 is, in respect of the product so sold, exempt from these Regulations.

Imposition and Rate

5 Every producer shall pay to the Commodity Board, in addition to the remuneration of the appointed shippers as determined from time to time by the Commodity Board, a service charge for the marketing of the product in the amount of

• (a) $0.005 per pound of tomatoes;

• (b) $0.05 per dozen of long, seedless cucumbers; and

• (c) $0.025 per dozen of cucumbers other than long, seedless cucumbers.

Method of Payment

• 6 (1) Where a product is sold through the Commodity Board, the Commodity Board shall deduct the service charge imposed by section 5 from the moneys payable by the Commodity Board to the producer for the sale of the product.

• (2) Where a product is sold through a shipper, the shipper shall deduct the service charge imposed by section 5 from the moneys payable by him to the producer and remit the amount deducted to the Commodity Board within 21 days after the receipt by him of the product.