Tribunal restores Ontario Pork's mandatory marketing powers but grants 18-month exemption for strategic planning.
The appellants, including several pork producers and associations, appealed a decision of the Ontario Farm Products Marketing Commission that revoked the mandatory marketing powers of the Ontario Pork Producers' Marketing Board (Ontario Pork).
The Commission's decision allowed producers to voluntarily choose their marketing methods and enter into direct supply contracts.
The Agriculture, Food and Rural Affairs Appeal Tribunal found that the Commission's decision did not respect the legislative principles of the Farm Products Marketing Act, as it effectively removed control of marketing from the local board without establishing an alternative plan.
The Tribunal ordered that the mandatory marketing provisions of Regulation 419 remain in force, but granted an 18-month blanket exemption to allow producers to market independently while Ontario Pork completes a comprehensive strategic planning and governance reform process.
Rein Minnema et al. v. Ontario Farm Products Marketing Commission, 2010 ONAFRAAT 5
