Quota exemption appeal dismissed

Thursday, December 6, 2012

by BETTER FARMING STAFF

The appeal of an Ontario Broiler Hatching Egg and Chick Commission decision denying a request by Double J. Poultry Ltd., of Newmarket for a policy exemption has been dismissed by the Agricultural, Food and Rural Affairs Appeal Tribunal.

In March 2012, Double J, owned by James Patton and James Dowling, asked the Ontario Broiler Hatching Egg and Chick Commission to be exempt from the requirements of  Policy 59. Adopted in March 2011, the policy revoked a long-standing provision that exempted some growers from complying with quota requirements in certain circumstances. Those growers were given 17 months to comply with the new policy.

When the commission denied Double J’s request for an exemption, Double J asked to appeal the decision directly to the Farm Products Appeal Tribunal. The commission denied that request too. However, it conducted a hearing in June to hear reasons why Double J requested an exemption. That hearing led to the appeal to the Tribunal.

Tribunal evidence, outlined on the Ontario Ministry of Agriculture, Food and Rural Affairs website, was that Double J’s rationale for requesting to be exempt from buying additional quota was  that it placed ”unreasonable financial obligations on the business.” The Tribunal was also told that three growers, including Double J, fell under the exemption at the time Policy 59 was adopted and that two had “resolved the situation and complied with the requirements of Policy 59.”

No evidence relating to the financial resources of Double J was presented to the tribunal.  BF