New Ontario milk quota policies retroactive to Aug 1

Friday, August 7, 2009

by SUSAN MANN

Dairy Farmers of Ontario can implement the new quota policies it had planned to introduce on Aug. 1 for most dairy farmers except the 41 active members of the Ontario Quota Rights Organization, the Agriculture, Food and Rural Affairs Appeal Tribunal has decided.

The automatic ‘stay’ on launching the new policies came into effect once the Quota Rights Organization filed an appeal with the tribunal and it remains in place only for those producers. For all other Ontario dairy farmers, the new policies are retroactive to Aug. 1, says Wes Lane, DFO communications director.

“We’re pleased that we can go ahead and operate the new policies,” Lane says, adding during a pre-hearing conference before the tribunal last month DFO asked that the stay either be lifted or limited to the 41 farmers in Quota Rights. The group has both active and 34 former dairy farmer members.

Quota Rights member Doyle Harrigan says personally he doesn’t know how “you can have two polices in place. I really don’t know how they’re going to manage.” The group plans to meet and decide its next steps. Quota Rights’ appeal to the tribunal to have the polices declared null and void will still proceed. A date for that appeal hasn’t been set yet.

The decision, handed down Thursday, also includes a provision for members of the Quota Rights to voluntarily use the new policies.

That move wouldn’t affect their appeal rights. Quota Rights members can operate under the new policy if they give DFO prior written notice, Lane says.

Before the tribunal made its decision, DFO couldn’t bring in the new harmonized policies as planned. They were developed with the other P5 provinces, Quebec, Nova Scotia, New Brunswick and Prince Edward Island. Ontario’s situation however didn’t prevent those provinces from implementing the policies on Aug. 1.

In Ontario, the August quota exchange was delayed. Normally it would have been open for bids on July 20. But DFO’s board wanted to wait until the tribunal released its decision before running the exchange. Now the exchange will open on Aug.12 and close on Aug. 21.

The September exchange, which would have opened for bids Aug. 20, will now also be delayed slightly, Lane says. Lane notes he isn’t aware if the quota exchange delay caused hardship for farmers. “Anybody that was planning to do something before Sept. 1 will still have the opportunity now to go on the exchange.” BF