Motion denied Friday, October 2, 2015 by JIM ALGIE A panel of Ontario’s Agriculture, Food and Rural Affairs Appeal Tribunal has denied a motion by the Association of Ontario Chicken Processors to put on hold penalties for processors who fail to buy “mandated levels of chicken.” The Guelph-based association sought a stay of penalties as part of a broader dispute with Chicken Farmers of Ontario (CFO) over a system for allocating poultry to processors. The farmer-run CFO manages production and marketing of broiler chicken in Ontario under Canada’s supply-management marketing system. It allocates poultry to processors based on “calculated base adjustments” for each two-month quota period. Adjustments in any given period are “based on whether or not a processor met the allocated numbers in previous quota periods,” the three-person tribunal’s Sept. 28 decision says. The current system took effect in April of 2014 and follows terms of a four-party agreement that included the Ontario processors group as well as Chicken Farmers of Ontario and their Quebec counterparts, the appeal tribunal decision says. However, the new system is “not functioning . . . as anticipated,” chicken processors’ association executive director Mike Terpstra said in an interview by email. Terpstra declined to say precisely how the processors hope to change allocation policies but he did say his organization seeks to “improve the processor-producer contracting system in Ontario without affecting the four-party agreement.” A tribunal hearing to discuss the broader issue of processor allocations is scheduled for late October, Terpstra said. The producers’ association has no plans to appeal the Sept. 28 decision regarding a stay in penalties. “Our expectation is that the process will unfold in a timely fashion allowing for changes to the system before the next round of adjustments are implemented,” Terpstra said. A panel including appeal tribunal member Brenda Lammens and two tribunal vice-chairs, Jeffrey J. Jewitt and Paula Lombardi, heard legal arguments by conference call, Sept. 14, on the processors’ motion seeking a stay of penalties. The request for a stay followed a June 11 decision of Chicken Farmers of Ontario to defer changes requested by the processors association to “policy and procedures for the chicken processors’ supply distribution system.” The matter of a stay in penalties arises because base adjustments in supply calculated for each quota period affect the amount of chicken provided subsequently to individual processors. Processors’ claims in the case refer to base adjustment calculations under this system as “penalties” when there is a decrease in quota and “rewards” when there is an increase, the tribunal decision says. The four-party agreement outlines the adjustment system under the heading “discipline,” the tribunal decision says. “Processors who are assessed base reductions will have less chicken to sell to their customers and processors who receive an increase will be able to sell more chicken than would have been the case without changes to calculated base,” Terpstra said. In deciding against a stay, the tribunal cited an Ontario Divisional Court decision in the 2006 case of Denby v. Ontario involving a decision of Dairy Farmers of Ontario. In that case, the court held that a stay may be used to “maintain the status quo in terms of the conduct or entitlement of a party.” In the current chicken processors’ case, the appeal tribunal found that “the status quo . . . is the maintenance of the adjustment policy that is in place and has been in place since April of 2014.” The tribunal noted that the processors’ association “appears to be challenging the implementation of an agreement into which it willingly entered.” “While it appears that the relief being sought by AOCP on this motion is substantially similar to the relief sought on appeal, nothing in this decision shall be interpreted as being determinative of the merits of AOCP’s appeal,” the decision said. Chicken Farmers of Ontario director of communications and government relations Michael Edmonds said his organization does not comment on matters before the tribunal. BF This time it's different, says raw milk farmer Simcoe County dairy farmers tussle with MPAC over property assessment
Alveo partners with AgriNerds on bird flu surveillance Tuesday, August 25, 2026 Poultry producers may soon have access to a new tool designed to improve how they monitor and respond to highly pathogenic avian influenza (HPAI) threats. Alveo Technologies and AgriNerds have announced a partnership that will combine rapid on-farm molecular testing with real-time... Read this article online
OPA Secures Lambton County Site for 2027 International Plowing Match Monday, August 24, 2026 Lambton County is preparing to welcome one of Ontario agriculture’s biggest events after the Ontario Plowmen’s Association (OPA) announced it has secured a site for the 2027 International Plowing Match and Rural Expo (IPM). The event is scheduled for September 21 to 25, 2027, on... Read this article online
Grain Prices Rise as Crop Tours Raise Yield Concerns Monday, August 24, 2026 Grain markets ended the week on August 21, 2026, with a strong tone as traders assessed the latest Pro Farmer Crop Tour results, crop damage concerns across the U.S. Midwest, improving demand prospects and growing fund interest from speculative traders. During the August 21 Farms.com... Read this article online
AALP Dream Gala tops $110,000 for leadership programming Sunday, August 23, 2026 The () raised more than $110,000 to support leadership development within Ontario’s agri-food sector, according to the Rural Ontario Institute (ROI). Held at The GrandWay Events Centre in Elora, the biennial fundraising event was organized by participants and recent graduates of .... Read this article online
Canadian Farmers Face Fresh Uncertainty After Canada-U.S. Trade Talks End Without Deal Sunday, August 23, 2026 Canada's agriculture sector is bracing for renewed trade uncertainty after Canada and the United States failed to finalize a new trade agreement before Friday's deadline, triggering another round of tariffs and heightening concerns about the future of one of the world's most important... Read this article online