Bill 100 (Legislature 7, Session 5)

L7 S5 8588

Alberta — Bills

B ILL No. 100 of 1935.

An Act to amend The Dairymen's Act. (Assented to , 1935.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as liThe Dairymen's Act Amendment Act, 1935. 11 2. The :!)airymen I s Act, being

chapter 162 of the Revised statutes of Alberta, 1922, is hereby amended as to

section 47 thereof by striking out the proviso to subsection (2) thereof. 3. The said Aot is further amended by inserting therein, im mediately after

section 50 thereof, the fol10wing new Fa,rt: "PART III. 1151. Every motor vehicle which is used for the purpose of carrying cream to a creamery ahall be licensed for t~a t P'~l'pose, eX0:;pt only,- II (

a) motor vehicles owned and operated by the procJ1.;.ce~: of creara 2.nd used by him for the purp8se of the cat'.;.. i.age of tJ:le cream produced by him so lcrg f,.f::J SUCll "V efL,_cl e i6 nut used for the carriage of crc9.m producE-Q -OV any other person; and II (

b) motor vehicles used for the carriage of cream from any railway to a creamery so long as Euch i:ehin,:'c is not u('eri for the transportation of CTE:;am ::J:0U1 a rroiulJer di£ectly to a creamery. II 52. No pel~son shall accept for carriage to a cr eamery er carry to a creamery for hire, gain or reward any cream in any motor vehicle which is required to be licensed by this Act and is not EO licensed. 'i53. No person shall accept delivery of any cream at any cree,m e:::'" from any i,lotor vehicle which is required to be licenaed pur suant to this Act and is not so licensed. "54.-

(1) In every case in which cream is delivered at any creamery from any motor vehicle which is not Ij,censed under this A;t it shall be the duty of the owner and the person for tr.e time being having the control and management of t:'1e 01'eal:1e.l. y to make sufficient enquiries for the purpose of ascertaining t~1e name of the owner of the motor vehicle in which cream is delivered, the name of the owner of the cream so offered for delivery therefrom. 11(2) Upon the receipt of any cream at any creamery from a motor vehicle, it shall be the duty of the owner and of the p8I'SOn having control and management of the creamery for the time being to enter in the daily record kept pursuant to the regulations the name of the owner of the cream and the number of the license of the vehicle if licensed under this Act and if not so licensed, the number of the license of the vehicle under The Vehicles and Highway Traffic Act, 1924. 11(3) Every owner of a creamery and every person for the time -:)eing having the control and management thereof shall keep the oook referred to in subsection (2) hereof at the creamery and shall produce the same on demand at all reasonable times, to any peace officer or to any person authorized in wri ting by the Minister of Agriculture or by the Board of Public Utility Commissioners to inspect the same.

- 2 - "55. Every person who accepts for carriage or carries cream in any motor vehicle in contravention of the provision~ of this Act shall be guilty of an offence and shall be liable upon

summary conviction therefor to a fine of not more than two hundred dollars and costs and in default of payment to imprisonment for a term of not more then ninety days; and in addition to any such penalty every license under this Act in respect of any or every motor vehicle of the person eo convicted may be forthwith cancelled. 1156. In any prosecution for any contravention of this Act the onus of proving that any cream was not carried for hiroe, gain or reward shall be upon the defendant. "57.-

(1) Evel'y license issued under this Act shall expire on the thirtY-first day of December following the date of its issue. "

(2) The fee payable for any license and the manner of any conditions precedent to the issuance thereof shall be such as are proscribed by the regulations. II

(3) In case any license has been cancelled pursuant to this Part, the issuance of any subsequent license shall be subject to the approval of the Board of Public Utility Oommissionerc. 1158. The Lieutenant Governor in Council may from time to time by ~cegulation,- 11 (

a) prescribe as to the issuance and cancellation of licenses aYJ.d the fee payable thereon; lI(

b) prescribe as to any licensf>-plate to be issued witn any license, and the display thereof on the licensed vehicle; "(

c) prohibit the carriage of cream in any vehicle licensed under this Act at any time during which the licenSe-plate for that vehicle is not displayed thereon; and II (

d) make such other provisions not inconsistent wi th the other provisions of this Part as may be deemed necessary for the purpose of making the provisions of this part as to licensing effective. 1159. The Board of Public Utility Commissioners may from time to time by order,- "(

a) prescribe tariffs of charges for the transportation of cream in any freight vehicle and in so doing may dif ferentiate between any area or areas specified therein and any other area or areas, and may prescribe different bases of calculation in different areas; lI(

b) make regulations as to the transportation of cream in any freight vehicle and as to the records to be kept at any creamery at which cream is received from any freight vehicle, and as to the returns to be made by the pro prietor of any freight vehicle licensed for the trans portation of cream or by the proprietor of any creamery as to crea~ transported by any freight vehicle or re ceived by any creamery from a freight vehicle.

H60._(1) Every person who operates any motor vehicle licensed "lnder this Part and every owner of any creamery and every person who has the control and management of any creamery shall comply wi th the regulations made by the Board of public Utili ty Conunis sioners under this part, and every such person who contravenes any of the pXGvisio~s .f any such regulation shall be guilty of an of fence and liable on

summary conviction to a fine of not more than five hundred dollars and costs, and ~n default of payment to im pri~onment fox a term of not moxe than ninety days,

- 3 - "

(2) Upon it being made to appear to the Board of Public Utility Oommissioners that any contravention of any such regula tion has occurred, the Board may direct the cancellation of all or any of the licenses held by any person under this part who is directly or indirectly a party to or responsible for or concerned in that contravention, and thereupon the license or licenses shall be forthwi th cancelled. II

No. 100. FIF'E-I SE3S 10:; SE'/ENTH LEG1SlA 'l'l1R~ 25 GEORGE V 1935 B ILL

An Act to amend The Dairymen1s Act. Received and read the First time ........................... _ ............................................................. . Second time Th ird t ime ................................................................ . MR. Ol·AYPOOL Title: 1935 (7th, 5th) Bill 100,

An Act to amend The Dairymen's Act

Document details

Collection	Alberta — Bills
Citation	L7 S5 8588
Type	bill
Volume / chapter	L7 S5 8588
Language	en
Format	json
Source	PROVINCIAL
Identifier	3d0f3dbf7d40ca9348b8fcef157966abf84bb07d

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