The Milk Producer - September 2009 - (Page 8)

DAIRYUPDATE Harmonization proceeds Tribunal ruling lets Ontario implement new quota policies for vast majority of producers lthough Dairy Farmers of Ontario (DFO) has implemented new harmonized quota policies for the vast majority of producers, the milk marketing organization still faces a legal challenge to those policies. The case is expected to be settled later this fall. The Ontario Quota Rights Organization (OQRO) and three other producers have filed an appeal of the DFO board’s decision to implement the harmonized policies effective Aug. 1. They have asked the Ontario Agriculture, Food and Rural Affairs Tribunal to declare DFO’s new policies null and void. Mid-October is the earliest the tribunal could hear the appeal. Other possible dates are late November and mid-December. A decision by tribunal vice-chair Frank Handy in early August allowed DFO to proceed with holding quota exchanges using the new policies. However, he ordered that DFO apply the previous quota policies from November 2006, or on a withoutprejudice basis the new policies, to the OQRO members and three other producers, referred to as appellants in the case. In a written decision received by DFO Aug. 6, Handy stated having two sets of policies in place “while far from ideal, is manageable.” He cited the limited time until the appeal is heard, the relatively small number of appellants and the lack of evidence of harm. The OQRO’s appeal of DFO’s new quota policies in late July triggered 8 | September 2009 | MilkPRODUCER A “In the circumstances, given the limited time until the appeal is heard, the relatively small number of appellants and given the lack of evidence of harm I find that a period in which the two sets of policies are in place, while far from ideal, is manageable.” Frank Handy, tribunal vice-chair an automatic “stay.” This meant DFO’s former policies would remain in effect until the appeal is settled. At a pre-hearing conference of the tribunal on July 27, DFO presented arguments why there was no need for a stay. To the extent the stay would remain in effect, DFO argued, it should apply only to the appellants. The new harmonized policies would apply to all other producers. The tribunal has the authority to leave a stay in place, lift it completely, or limit its scope. Handy applied a three-part test in deciding to limit the stay’s scope to the appellants and lift-

Table of Contents for the Digital Edition of The Milk Producer - September 2009

Milk Producer - September 2009
Contents
Editor's Notes
DFO Chair's Message
Dairy Update
Farm Finance
DFC Promotion
World School Milk Day
Producer Profile
Research
Environmental Issues
Ruminations
Applied Science
Markets
New 'N' Noted
Back Forty

The Milk Producer - September 2009