Ontario Fresh Potato Order (SOR/87-553)

Short Title

1 This Order may be cited as the Ontario Fresh Potato Order.

Interpretation

2 In this Order,

Act

Act means the Farm Products Marketing Act of the Province of Ontario; (Loi)

Board

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

Commodity Board

Commodity Board means The Ontario Fresh Potato Growers’ Marketing Board established pursuant to the Act; (Office de commercialisation)

fresh potatoes

fresh potatoes means potatoes produced in Ontario, other than potatoes that are processed or potatoes that are sold as certified seed; (pommes de terre fraîches)

Plan

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

processing

processing means

• (a) canning, dehydrating, chipping, drying, freezing or processing with any chemical or by heat and combining or mixing potatoes with one or more other vegetables, or

• (b) entering into a contract for the purchase of potatoes for the purpose of performing on the potatoes any of the operations mentioned in paragraph (a). (transformation)

Interprovincial and Export Trade

3 The Board and the Commodity Board are each authorized to regulate the marketing of fresh potatoes in interprovincial and export trade and for that purpose may, 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 fresh potatoes locally within the Province under the Act and the Plan.

Levies or Charges

4 The Commodity Board may, in relation to the powers granted to it by section 3 with respect to the marketing of fresh potatoes in interprovincial and export trade,

• (a) fix and impose, by order, and collect levies or charges from persons situated in the Province of Ontario who are engaged in the production or marketing of fresh potatoes and for that purpose, classify those persons into groups and fix, by order, the levies or charges payable by the members of the different groups in different amounts; and

• (b) use the levies or charges collected pursuant to paragraph (a) for the purposes of the Commodity Board, including the creation of reserves, the payment of expenses and losses resulting from the sale or disposal of fresh potatoes and the equalization or adjustment among producers of fresh potatoes of moneys realized from the sale of fresh potatoes during such period or periods of time as the Commodity Board may determine.