Ontario Asparagus Growers’ Marketing-for-Processing Order (SOR/78-859)

Short Title

1 This Order may be cited as the Ontario Asparagus Growers’ Marketing-for-Processing Order.

Interpretation

2 In this Order,

Act

Act means The Farm Products Marketing Act of Ontario; (Loi)

asparagus

asparagus means asparagus produced in Ontario; (asperge)

Board

Board means the Farm Products Marketing Board of Ontario, established pursuant to the Act; (Régie)

Commodity Board

Commodity Board means The Ontario Asparagus Growers’ Marketing Board, established pursuant to the Act; (Office)

Plan

Plan means any plan for the marketing of asparagus established and amended from time to time pursuant to the Act, and any regulations made pursuant to the Act to give effect to the Plan; (plan)

processing

processing means canning, dehydrating, drying, freezing or processing with sugar or sulphur dioxide or any other chemical; (transformation)

producer

producer means

• (a) a person who, on the first day of May in any year, is the beneficial owner of a property on which asparagus is growing, or

• (b) the tenant of property referred to in paragraph (a) where, on the first day of May in any year, the property is rented to that tenant. (producteur)

Interprovincial and Export Trade

3 The Commodity Board and the Board are each authorized to regulate the marketing of asparagus in interprovincial and export trade and for such purposes may, by order or regulation, with respect to persons and property situated within the Province of Ontario, exercise all or any powers like the powers exercisable by each of them respectively in relation to the marketing of asparagus locally within that Province under the Act and the Plan.

Levies

4 The Commodity Board is authorized in relation to the powers granted to it by section 3 with respect to the marketing of asparagus in interprovincial and export trade to make orders fixing, imposing and collecting levies or charges from persons situated in the Province of Ontario who are engaged in the production or marketing of asparagus and for such purpose classifying such persons into groups and fixing the levies or charges payable by the members of the different groups in different amounts, and the Commodity Board may use such levies or charges for its purposes, including the creation of reserves, and the payment of expenses and losses resulting from the sale or disposal of asparagus and the equalization or adjustment among producers of asparagus of moneys realized from the sale thereof during such period or periods of time as it may determine.