Call to Action: Financial Protection for Produce Sellers

Call to Action! Sign On to the CHC, DRC and CPMA Joint Submission to Government on Financial Protection for Produce Sellers

For some time we have been working towards achieving the establishment of a PACA-like trust for Canada. The objective is to secure a tool which will provide a similar outcome as is available through the US Perishable Agricultural Commodities Act (PACA). The Canada-US Regulatory Cooperation Council action item to address Financial Protection for Produce Sellers and the recently announced statutory review of the Bankruptcy and Insolvency Act (BIA) are offering means to advance this objective.

Industry Canada recently published a call for public consultation on the BIA.  We need your input to ensure that the voice of the fresh produce sector is heard. Produce suppliers still do not have the protection they need in the event of buyer insolvency. We believe that the establishment of a statutory deemed trust, similar to the PACA trust in the United States, is an effective mechanism to help recover payments when a buyer declares bankruptcy. A deemed trust doesn’t require subsidies from the government but its creation requires amendments to Canada’s BIA.

Read Industry Canada’s call for comments here:

View the government’s discussion paper here:

The section on the Fruit and Vegetable Suppliers can be found at the end of the paper.

We need your support. The CHC, CPMA and DRC, through the Fresh Produce Alliance, are preparing a coalition submission to respond to the BIA consultation.  At this time, we are reaching out to provide details and also to seek and secure your consent to add your organization’s name to the submission.

The joint submission will include details on:

  • The importance of the produce industry;
  • Legislative history;
  • The importance of ensuring financial protection for the produce industry through a deemed trust;
  • Other policy options and why they do not work for the industry; and
  • Proposed functioning of a deemed trust in Canada.

Quick Response – Mark the box that applies and reply to Fred Webber




My organization would like to participate in the joint   CHC, CPMA and DRC submission


My organization plans to send its own submission but would   like a template letter to use


Please send me contact information for my Member of   Parliament (please include your postal code)

To participate in the joint submission:

Please confirm your participation and send any comments you may have to Fred Webber.

We will send you text to review by June 30, 2014. Please note that the comment period closes on July 15 and as such we will appreciate receiving your consent on or before July 7, 2014.

To make an individual submission:

If you prefer to submit on behalf of your organization directly to Industry Canada, but would like a draft template letter to assist you, please contact Fred Webber.

If you prefer to develop your own submission, a fact sheet containing points to consider including in your submission is attached. You may also contact Fred Webber if you have questions or would like further guidance.

If you choose to submit directly to Industry Canada, we encourage you to copy your Member of Parliament. To find your MP, simply type in your postal code into the box in the middle of the page at the following link or contact Fred Webber who can provide the information to you.

You may submit comments via email to: [email protected] or by post. Submissions may be addressed to:

Paul Halucha

Marketplace Framework Policy Branch
Industry Canada
235 Queen Street, 10th Floor, East Tower
Ottawa, Ontario  K1A 0H5

All submissions will be posted on the Industry Canada website.
Facts to Consider for BIA Submission

The period for comment will close on July 15, 2014

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