Policy Regarding
Producer Expression of Opinion Votes

Table of Contents

1. Overview
2. Background
3. Policy Wording

Overview

Producer Expression of Opinion Votes are used by the Commission to gauge producer support for potential changes to the regulations affecting the marketing of farm products. The Commission also uses Producer Expression of Opinion Votes on questions relating to both establishing and retaining marketing boards and Section 12 associations.

To ensure that we are using the best information available to us, the Commission considers both the percentage of producers voting in favour of the question and the cumulative level of production those producers represent when assessing the results of a Producer Expression of Opinion Vote. In addition, the overall participation rate in the vote is also considered.

Prior to 1998, the Commission looked for support of 66 2/3% of the producers casting ballots but it did not consider if this significant majority also accounted for a majority of the production of the commodity.

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Background

The Commission's objective is to ensure that a significant majority of producers also represent a majority of production when their opinions are being considered on issues of importance to marketing regulations. This is important to the Commission and important to producers.

The Commission is responsible for assessing the results of the Producer Expression of Opinion Votes it holds on questions of establishing, retaining or amending marketing plans or representative organizations. These votes are not frequent but they are important. In the last 12 years there have been votes dealing with such things as: the establishment of a marketing plan for beef cattle; the continuation of the Ontario Apple Marketing Commission; the continuation of the Ontario Sheep Marketing Agency; changes to the powers of the Fresh Potato Growers' Marketing Board; the establishment of the Ontario Ginseng Growers' Association; and the inclusion of ice wine juice in the marketing plan for grapes. There are presently 21 marketing boards and 3 representative associations in Ontario.

Marketing regulations require producers to adopt certain business practices. Therefore, the Commission must be certain that the regulations are based on sound principles; that they will be adhered to by all producers; and that they create a climate that will enhance overall business opportunities, and help/allow a sector to respond effectively to market forces. By incorporating production, the Commission has more confidence that the regulations are acceptable to a representative group of producers.

Policy Wording

"The Ontario Farm Products Marketing Commission has the authority to conduct Producer Expression of Opinion Votes to determine the level of producer support for the regulated marketing of farm products. This policy will apply to votes dealing with establishing, retaining or amending marketing plans under the Farm Products Marketing Act or the Milk Act, as well as establishing, retaining or amending Section 12 representative associations under the Farm Products Marketing Act.

When such votes are held, the Commission will develop a question that seeks the level of support for the more regulated of the options being considered. Generally, the Commission will interpret a positive result as one in which the following criteria are met:

1. 66 2/3% of producers casting ballots vote in favour; and
2. 50% of the cumulative production represented by producers casting ballots is in favour.

Notwithstanding the preceding voting criteria, the Commission will retain the authority to interpret the outcome of a Producer Expression of Opinion Vote and the discretion to take into account factors other than the vote when considering establishing, retaining or amending marketing plans and representative associations."

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