Search
Better Farming OntarioBetter PorkBetter Farming Prairies

Better Farming Ontario Featured Articles

Better Farming Ontario magazine is published 11 times per year. After each edition is published, we share featured articles online.


Hort growers seek American style financial protection

Wednesday, November 28, 2012

by SUSAN MANN

Legislation in the United States ensures American sellers along with Canadian dealers and farmers operating in the American market get paid for their fruits and vegetables when companies go bankrupt or default on payments.

But Canada doesn’t have legislation similar to the American Perishable Agricultural Commodities Act to protect produce sellers and dealers here. And that means Canadian farmers selling in the domestic market and American farmers exporting to Canada are often at the back of the line of a long list of creditors trying to get paid in the event of bankruptcies and payment default situations.

Ontario horticultural producer Ken Forth of Lynden says fruits and vegetables became covered under the American legislation in 1984. The law ensures that if farmer or dealer sellers are owed money from bankrupt buyers they’re first on the list “ahead of the banks and ahead of secured creditors” to collect their money. In the case of delinquent buyers who are slow or refuse to pay, the law enables sellers to go to court and have the buyer’s assets frozen.

The Canadian horticultural industry has been working for several years to develop legislation here that’s similar to the American bill, but Forth says those efforts were going at a snail’s pace. They got a huge boost last year when Prime Minister Stephen Harper and President Barack Obama created the Regulatory Cooperation Council. Its job is to align the two countries regulatory approaches where possible, speed up legitimate trade and travel between the two countries and improve security in North America.

Forth sits on a committee developing financial protection for Canadian produce sellers. Their final report, Securing Payments and Regulating Business Practices for the Canadian Fresh Fruit and Vegetable Industry, has been tabled with the Regulatory Cooperation Council Financial Protection for Produce Sellers Working Group. The American and Canadian governments will consider the recommendations during the next phase of the group’s work plan.

One of the priorities outlined in the report is to develop a Canadian ‘deemed trust.’ Forth says what that means is if a produce seller hasn’t been paid for their product the money from the sale of the product is still considered to be theirs and they can recover it before secured or unsecured creditors get any money from a bankrupt company. Another priority is to develop a unified licensing system for Canadian and American buyers and sellers.

Forth says the Canadian legislation won’t be exactly same as the American Perishable Agricultural Commodities Act because of differences in the structures of the two countries and in their constitutions.

Even with the filing of the committee’s final report, developing financial protection for Canadian produce sellers is still going to take “quite a bit of time but we will never give up on it,” Forth says. BF  

 

Current Issue

October 2024

Better Farming Magazine

Farms.com Breaking News

Getting your swine barns ready for the cold weather

Saturday, October 5, 2024

As the cold weather approaches, swine producers can perform barn maintenance checks now to help ensure a healthy environment for the fall and winter seasons. Mark Oberreuter, a System Design Engineer for AP (Automated Products, an AGCO company), recommended the following checklist... Read this article online

Meristem unveils new liquid BIO-CAPSULE technology

Friday, October 4, 2024

Byline: Denise Faguy Meristem Crop Performance has unveiled its new patent-pending LIQUID BIO-CAPSULE TECHNOLOGY, promising significant advantages for crops and farmers alike. This innovative delivery system aims to enhance the effectiveness of microbial products while ensuring they... Read this article online

FeedFlo makes it easier

Thursday, October 3, 2024

FeedFlo is a Winnipeg, Manitoba-headquartered company that offers what it says is the world’s only on-pipe feed sensor. The same-named on-pipe feed sensor, , tells operators exactly how much feed is being delivered to the animals so one can be sure that every pig in the barn is well... Read this article online

Who’s ready for advanced ag leadership?

Thursday, October 3, 2024

The () is now accepting applications for , which begins in September 2025. During the executive leadership program, up to 30 individuals will embark on a personal journey to realize their potential while exploring agriculture, food, and rural economic development from the local to... Read this article online

Ontario Farms Fill Your Thanksgiving Table

Thursday, October 3, 2024

Fresh Local Produce Stars in Ontario’s Fall Festivities Ontario’s farms are bustling with activity, providing an abundance of fresh produce just in time for Thanksgiving. This season, take the opportunity to immerse yourself in the local flavour and tradition that define Ontario’s... Read this article online

BF logo

It's farming. And it's better.

 

a Farms.com Company

Subscriptions

Subscriber inquiries, change of address, or USA and international orders, please email: subscriptions@betterfarming.com or call 888-248-4893 x 281.


Article Ideas & Media Releases

Have a story idea or media release? If you want coverage of an ag issue, trend, or company news, please email us.

Follow us on Social Media

 

Sign up to a Farms.com Newsletter

 

DisclaimerPrivacy Policy2024 ©AgMedia Inc. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Back To Top