BRITISH COLUMBIA VEGETABLE MARKETING COMMISSION STORAGE CROP NEW ENTRANT PROGRAM POLICY

Transcription

1 PURPOSE BRITISH COLUMBIA VEGETABLE MARKETING COMMISSION STORAGE CROP NEW ENTRANT PROGRAM POLICY The BC Vegetable Marketing Cmmissin (VMC) has identified that thrugh the creatin f a Strage Crp New Entrant Prgram the prspect f increasing the prvincial supply f regulated strage crp vegetables is imprved and the pprtunity fr expanding this sectr f the BC hrticulture industry enhanced by encuraging the establishment f viable and sustainable farm businesses and farmer wned marketing rganizatins. OBJECTIVE The bjective f the prgram is t assign certain amunts f ne r mre strage crp Delivery Allcatins (expressed in tns) t a prspective prducer determined by the Cmmissin t be a New Entrant. The expected result f the new entrant prgram is a greater prprtin f strage crp vegetables entering marketing channels by way f Designated Agency sales f prduct grwn in the Prvince. GOAL By assigning Delivery Allcatin t new entrants the VMC s intentin is t establish farm businesses where there is a reasnable expectatin fr achieving financial success ver the shrt and lng term. NEW ENTRANT PROGRAM The New Entrant Prgram is fr Persns having the intentin t cmmence the prductin fr marketing f regulated strage crp vegetables within the Regulated Area. Overview and Prgram Elements The belw listed elements prvide an verview f the new entrant prgram: 1. The Cmmissin will prvide administratin t received applicatins n a first-cme first served basis. This is regardless f the strage crp type r where within the gegraphically defined Regulated Area regulated crp is intended t be grwn. 2. If an applicatin is cmplete in all respects the applicant will be infrmed whether r nt they are qualified t participate in the New Entrant Prgram. This ntice f qualificatin des nt cnstitute a VMC decisin regarding the assignment f Delivery Allcatin. 3. Once qualified the new entrant is t demnstrate t the VMC that a Designated Agency is prepared t represent the new entrant s supply f regulated vegetables. Fr ding s the Designated Agency is t advise the VMC in writing that it is prepared t market the new entrant s supply f regulated prduct (ne r mre f the regulated strage crp vegetables) in accrdance with the agency s and the new entrant s marketing plan. 4. On receiving Designated Agency advice abut prpsed Delivery Allcatin amunts the VMC will cnsider this infrmatin at the time it is reaching a decisin abut the applicatin. 1

2 Prgram Duratin Cmmencing frm the date when Delivery Allcatin is assigned by the VMC and n cmpletin f 10 cnsecutive years plus ne day (3,651 days) f prductin fr marketing f ne r mre regulated strage crps the licensed prducer will n lnger be classified as a new entrant. Accrdingly, n the eleventh anniversary date f when Delivery Allcatin was first assigned the new entrant prducer is n lnger limited by any term r cnditin placed upn them by virtue f entering the regulated marketing sectr by making use f the Strage Crp New Entrant Prgram. BC Vegetable Marketing Cmmissin Decisin The decisin t apprve r deny an applicatin will be made by Cmmissin members. Changes t the New Entrant Prgram The New Entrant Prgram established by the Cmmissin is subject t change frm time t time. Eligibility Criteria The eligibility criteria are: The new entrant cnfirms that their interest is t prduce regulated strage crps that are t be marketed thrugh a Designated Agency as ppsed t marketing by way f ne s wn n-farm r ff-farm market stand r at farmers markets. Fr Persn s whse interest it is t farm as a prprietr r a spusal partnership they are t demnstrate t the satisfactin f the Cmmissin at the time f submitting an applicatin that they are a citizen f Canada r a Permanent Resident f British Clumbia and are ver the age f 18. If, at the time f applicatin, the Applicant is nt a British Clumbia resident he/she must attest that when farming cmmences it is their intentin t prduce fr marketing within the Regulated Area ne r mre f the regulated strage crps. Fr nn-spusal partnerships; crpratins r c-peratives, the Applicant must demnstrate at the time f submitting an applicatin that it is a legal persn f the Prvince f British Clumbia, fr example a cmpany frmed under the BC Cmpanies Act; and must demnstrate t the satisfactin f the Cmmissin 51% cmmn beneficial wnership is retained by a Persn r Persns hlding Canadian citizenship r Permanent Resident status and that persn is ver the age f 18. The Applicant is t elect nly ne f the five abve-described legal persns permitted t make an applicatin and is nt permitted t make mre than ne applicatin. Applicants must have n recrd, direct r indirect, that strage crp Delivery Allcatin is currently assigned by the Cmmissin t the applying persn. Applicants directly related t a Licensed Prducer (sn, daughter, sn-in-law r daughter-in-law) t whm Delivery Allcatin is currently assigned are t disclse the relatinship n the applicatin frm; hwever, that fact will nt disqualify the applicatin. An applicatin is t be accmpanied by a Business Plan (see descriptin belw) that will be relied upn fr determining eligibility. 2

3 Applying fr the New Entrant Prgram Making an Applicatin Persns making applicatin t the prgram may d s n the basis f the prevailing plicy and rules in place as at the date f applicatin. Prgram plicy and rules at the time f applicatin will apply t the new entrant fr the entire time they are classified as a new entrant prducer. Applicatin Frm A Strage Crp New Entrant Prgram applicatin frm is t be submitted t the VMC. It may be submitted at any time. Administrative Prcess Ideally, applicatins shuld be received by the Cmmissin well in advance f the time when the applicant wishes t start farming. This is typically in the spring, which is when the crp year begins. The administratin f applicatins takes time; cnsequently, applicants cntrl the administrative prcess by virtue f when infrmatin is submitted and its thrughness. Als, prmptly respnding t Cmmissin supplemental infrmatin requests influences the time when the Cmmissin cnsiders an applicatin. Applicatin Fee An applicatin fee f $ is due and payable at the time an applicatin is submitted t the VMC. Ntice f Qualificatin The VMC will infrm applicants in writing if they are determined qualified t make use f the prgram. Applicants determined nt qualified will be s infrmed by the VMC in writing. The applicatin fee will be returned less a $ administratin fee. Withdrawal frm Cnsideratin Shuld an applicant withdraw frm cnsideratin any time after being infrmed they have qualified t make use f the prgram the applicatin fee will nt be refunded. Rank Ordering f Applicatins and Order f Cnsideratin The Cmmissin will rank rder fully cmpleted applicatins by their receipt date. Received incmplete applicatins will nt be date stamped and nt placed int rank rder. Applicants will be infrmed f deficiencies s that a cmplete applicatin is received by the Cmmissin. Re-Applicatin If an applicant is determined unqualified the persn may submit a new applicatin nly after the passage f 365 calendar days frm the date written ntice was issued t the applicant by the VMC that they did nt qualify. Persns re-applying will be required t pay the $ applicatin fee. 3

4 Entry int the Prgram Once determined qualified the applicant is t: infrm the VMC in writing that they are prepared t cmmence farming by a certain date r if, fr whatever reasn, start-up is nt t cincide with the beginning f the ensuing crp year the applicant is t infrm the Cmmissin when start-up is expected; and demnstrate t the VMC that it has cmpleted discussins with a Designated Agency whereby the agency is t infrm the VMC in writing having regard t the vlume f ne r mre regulated crps t be prduced fr marketing and it is prepared t market the prspective new entrant prducer s prductin.; and btain a Class 1 Strage Crp Prducer Licence. OTHER INFORMATION ABOUT THE NEW ENTRANT PROGRAM Prgram Restrictins and Limitatins Fllwing issuance f a Prducer License and the assignment f Delivery Allcatin the belw listed elements apply: The assigned amunt f Delivery Allcatin is fr a specific regulated strage crp; The assigned Delivery Allcatin is nt transferable t ther regulated crps; The new entrant prducer is t be actively engaged in the prductin fr marketing f regulated strage crps; If the new entrant prducer cmmences prductin fr the marketing f regulated strage crps in the manner set ut in the new entrant prducer s apprved business plan and then ceases t prduce and market regulated prduct fr tw cnsecutive crp years the Cmmissin shall revke the assigned Delivery Allcatin(s) and cancel the Prducer License; In additin t the new entrant prducer having Delivery Allcatin assigned they can add t it in the same manner existing prducers are able t d s; and Based n the then prevailing amunts f VMC assigned Delivery Allcatin its transfer t ther prducers r persns may ccur nce 6 cnsecutive years plus ne day (2,191 days) f regulated vegetable prductin fr marketing has ccurred (calculated frm the Delivery Allcatin assignment date), and such transfers are permitted during years 7 9 n a graduated basis as displayed in the schedule set ut belw and n the cmpletin f 10 cnsecutive years plus ne day f regulated vegetable prductin fr marketing the entirety f then assigned Delivery Allcatin is eligible fr transfer: 4

5 Year 1 Frm Date f Assignment t Cmpletin f Year 5 (365 X 5 = 1,825 days) Cmpletin f Year 5 plus 1 day (365 X 5 = 1,825) Cmpletin f Year 6 plus 1 day (365 X 6 = 2,190 days) Cmpletin f Year 7 plus 1 day (365 X 7 = 2,555 days) Cmpletin f Year 8 plus 1 day Number f Days Transpired Since Date f Delivery Allcatin Assignment Eligible Transfer Amunt (Percent) 1, , , , , (8 X 365 = 2,920 days) Cmpletin f Year 9 plus 1 day (365 X 9 = 3,285 days) 3, Cmpletin f Year 10 plus 1 day (10 X 365 3,650) 3, Nte 1 first eligibility fr transferring Delivery Allcatin cmmences ne day fllwing 2,190 cnsecutive days f regulated vegetable prductin fr marketing and similarly s fr each f years 7 thrugh 10 where n the cnclusin f 10 cnsecutive years (3,650 days) f regulated vegetable prductin fr marketing the entirety f then assigned Delivery Allcatin is eligible fr transfer If a transfer f Delivery Allcatin has nt ccurred during years 5 thrugh 10 transfer f all then assigned Delivery Allcatin t ther prducers r persns may ccur ne day after cmpleting 10 cnsecutive years plus a day (3,651) f regulated vegetable prductin fr marketing. Applicatin f the General Order In additin t the terms and cnditins f the prgram new entrant prducers are at all times t remain in cmpliance with the entirety f the General Order. Failure t remain in cmpliance with the General Order will give cause fr the VMC t undertake enfrcement measures as prvided fr in the General Order, including the cancellatin f assigned Delivery Allcatin, Prducer License r bth. Business Plan The business plan is t prvide the Cmmissin with sufficient infrmatin s that an infrmed decisin abut qualificatin can be reached. Nt t the exclusin f ther infrmatin, the Business Plan is t prvide infrmatin such as: farming experience lcatin f the farm land crps t be prduced 5

6 financing, including a 5-year cash flw prjectin that, if applicable, includes fffarm incme sharehlders r partners are listed infrmatin abut investment in land, farm equipment, and ther prductin resurces dcumentatin that the real prperty t be used fr farming is wned r if it is t be leased r rented demnstrate t the satisfactin f the VMC that lng term land rental r lease arrangements are in-hand r are attainable prvide infrmatin where strage crps are t be stred fr marketing later in a crp year experience in fd safe vegetable prductin r familiarity with n-farm fd safety principles December 17, 2009 Amended Nvember 18,

7 VEGETABLE MARKETING COMMISSION # nd Ave Surrey BC V3S 0R7 Phne FAX APPLICATION FOR STORAGE CROP NEW ENTRANT PROGRAM Name f Applicant Name f Applicant Cmpany Mailing Address Pstal Cde Lcatin f Farm Premises Phne N. Cell N. Fax N. PLEASE SELECT ONE OF THE FOLLOWING CATEGORIES THAT INDICATES THE LEGAL STRUCTURE OF YOUR PROPOSED OR EXISTING FARM BUSINESS: (check nly ne) Prprietrship Spusal Partnership Nn Spusal Partnership Crpratin C-perative PLEASE ANSWER THE FOLLOWING QUESTIONS: (Write yes r n respnses) Is it yur interest t prduce regulated strage crps that are t be marketed thrugh a Designated Agency as ppsed t marketing by way f yur wn n-farm r ff-farm market stand r at farmers markets? Have yu had any discussins with a Designated Agency regarding crps t be grwn? Are yu a Canadian Citizen? r, if nt, are yu a Permanent Resident f British Clumbia/anther Prvince r Territry? (Please nte that prf f citizenship r resident status may be requested) Are yu currently a resident f British Clumbia? r, if nt, is it yur intentin t prduce regulated strage crps within the Regulated Area f British Clumbia when farming cmmences? Is the farm premise where yu plan t farm currently under yur cntrl and management? Are yu ver 18 years f age? Are yu prviding a business plan at the time f submitting this applicatin? 7

8 IF NOT APPLYING AS A PROPRIETORSHIP PLEASE LIST ALL PARTNERS, OR SHAREHOLDERS IF A CORPORATION: FOR NON-SPOUSAL PARTNERSHIPS, CORPORATIONS OR CO-OPERATIVES: The Applicant must demnstrate at the time f submitting an applicatin that it is a legal persn f the Prvince f British Clumbia, fr example a cmpany frmed under the BC Cmpanies Act; and must demnstrate t the satisfactin f the Cmmissin 51% cmmn beneficial wnership is retained by a Persn r Persns hlding Canadian citizenship r Permanent Resident status and that persn is ver the age f 18. UNDERTAKING BY THE APPLICANT: We certify that all infrmatin given in this applicatin is true, crrect and cmplete in every respect and agree t cmply with all Orders and Regulatins f the BC Vegetable Marketing Cmmissin, including the Strage Crp New Entrant Prgram. Print Name in Full Signature Date COMPLETE AND RETURN TO THE ADDRESS ABOVE: This applicatin frm; Applicatin fee (as indicated belw); If ready t d s, a Business Plan (as described in the Strage Crp New Entrant Prgram) that will be relied upn fr determining eligibility. Applicatin Fee: APPLICATION FEE $ HST 12% (# RP0001) $ TOTAL $ NOTE: Once yur applicatin has been submitted t the BC Vegetable Marketing Cmmissin (VMC) and cnsidered t be cmplete in all respects, yu will be infrmed whether r nt yu are qualified t participate in the New Entrant Prgram. This ntice f qualificatin will nt cnstitute a VMC decisin regarding the assignment f Delivery Allcatin. March