Designation - Flowers Canada (Ontario) Inc.

Farm Products Marketing Act

ONTARIO REGULATION 316/08

designation — flowers canada (ontario) inc.

Consolidation Period: From July 1, 2023 to the e-Laws currency date.

Last amendment: 114/23.

Legislative History: 167/13, 114/23.

This is the English version of a bilingual regulation.

Interpretation

1. (1) In this Regulation,

“association” means Flowers Canada (Ontario) Inc.; (“association”)

“greenhouse floriculture plant” means a plant or propagative material that satisfies the following criteria:

1.  The plant or propagative material is grown in whole or in part in a greenhouse or other enclosure under glass, plastic or other transparent or translucent material used for the purposes of controlling temperature and providing protection for the growing plant or propagative material.

2.  The plant or propagative material is grown for the purpose of being used for cut flowers, potted plants or annual bedding plants.

3.  The plant or propagative material is not grown for the purpose of being used for food or medicinal purposes, or for the production of food, medicines or nursery stock; (“plante de floriculture de serre”)

“propagative material” means seeds or plant parts, including stems, bulbs, tuberous roots, rhizomes, corms and roots; (“matériel végétal de multiplication”)

“year” means the period beginning on July 1 of one year and ending on June 30 of the following year. (“année”)  O. Reg. 316/08, s. 1 (1).

(2) Nothing in this Regulation applies to a perennial or biennial plant or propagative material that is grown for planting in the ground outdoors and that is grown in whole or in part in a greenhouse or any other enclosure under glass, plastic or other transparent or translucent material used for the purposes of controlling temperature and providing protection for the growing plant.  O. Reg. 316/08, s. 1 (2).

Designation

2. Flowers Canada (Ontario) Inc. is designated as the representative association of producers of greenhouse floriculture plants within Ontario for the carrying out of a program for stimulating, increasing and improving the producing and marketing locally within Ontario of greenhouse floriculture plants by advertising, education, research and other means.  O. Reg. 316/08, s. 2.

Licence fees

3. (1) Every producer who grows 20,000 square feet or more of greenhouse floriculture plants in Ontario in a year shall pay the association an annual licence fee for the following year of $0.04 per square foot of greenhouse floriculture plants grown, to a maximum of $34,000 per year. O. Reg. 316/08, s. 3 (1); O. Reg. 167/13, s. 1; O. Reg. 114/23, s. 1 (1).

(2) For the year starting on July 1, 2023 and ending on June 30, 2024, the fees payable shall be $0.035 per square foot of greenhouse floriculture plants grown, to a maximum of $29,750. O. Reg. 114/23, s. 1 (2).

Time of payment of fees

4. (1) On or before July 1 in each year, every producer who is required to pay licence fees under subsection 3 (1) shall forward the fees to the association. O. Reg. 114/23, s. 2.

(2) In 2023, every producer who is required to pay licence fees under subsection 3 (2) shall forward the fees to the association on or before September 1. O. Reg. 114/23, s. 2.

Use of fees

5. The association is authorized to use the licence fees for the purposes of defraying the expenses of the association in carrying out its objects.  O. Reg. 316/08, s. 5.

Information

6. The association shall furnish to the Commission such information and financial statements as the Commission determines.  O. Reg. 316/08, s. 6.

7. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 316/08, s. 7.