Bill 111 (Legislature 15, Session 2)

L15 S2 1552

Alberta — Bills

11 No. 111 2nd Session, 15th Legislature, Alberta 13 Elizabeth II BILL 111 A Bill to amend The Public Utilities Board Act HON. MR. MANNING Printed by L. S. WALL, Printer to the Queen's Most ExceJ.lent Majesty, Edmonton, Alberta, 1965

Explanatory Note I. This Bill amends

chapter 85 of the Statutes of Alberta, 1960.

Section 48 presently reads: 48.

(1) A document purporting to be signed by the chairman and secretary of the Board or by a single member of the Board, or by any officer of the Board, is, without proof of the signature, prima facie proof that the document was duly signed, and is sufficient notice to a company and all parties interested, if served in the manner here inbefore provided for service of notice, that the document was duly signed and issued by the Board or an officer of the Board, as the case may be.

(2) If the document purports to be a copy of any regulation, rule, order, direction, decision or report made or given by the Board, or any of its officers, it is prima facie proof of the regulation, rule, order, direction, decision or report, and when served in the manner herein before provided is sufficient notice of the regulation, rule, order, direction, decision or report from the time of service. The amendment will make it clear that the -admission of Board documents as prima facie proof is to be mandatory, rather than in the discretion of the court. Similar changes are being made in

section 49.

Section 49 presently reads: 49.

(1) A document purporting to be certified by the secretary as being a copy of a document deposited with the Board, or any portion thereof, is, without proof of the signature of the secretary, prima facie proof of the original document, and that it is so deposited, signed, certified, attested or executed by the persons by whom and in the manner in which it purports to be signed, certified, attested or executed, as shown or appearing from the certified copy, and also, if the certificate states the time when the original was deposited, that it was deposited at the time so stated.

(2) A copy of any regulation, order or other document in the custody of the secretary, or of record with the Board, purporting to be certified by the secretary to be a true copy and purporting to be sealed with the seal of the Board, is prima facie proof of the regula tion, order or document without proof of the signature of the secretary_ See note to clause 2. 4. The new

section 49a is designed to allay doubts as to the necessity of serving a copy of the Board's regulations if they are filed under The Regulations Act and also as to the admission in evidence of a copy p'rinted by the Queen's Printer..

BILL No. 111 of 19'65

An Act to amend The Public Utilities Board Act (Assented to , 1965) HER MAJE.ST~, by and with the advice and consent of the LeglslatIve Assembly of the Province of Alberta enacts as follows: ' 1. The Public Utilities Board Act is 'hereby amended.

Section 48 is amended (

a) as to subsection (1) by striking out the words "is, without proof of the signature," and by substi tuting the words "shall, without proof of the sig nature, be ,admitted in evidence as", (

b) as to subsecti'On (2) by striking out the words "it is" and by substituting the words "it shall be admitted in evidence as".

Section 49 is amended (

a) as to subsection (1) by striking 'Out the words "is, without proof of the signature of the secretary," and by substituting the words "shall, without proof of the signature of the secretary, be admitted in evidence as" , (

b) as to subsection (2) by striking out the words "is prima facie proof" and by substituting the words "shall be admitted in evidence as prima facie proof". 4. The following

section is added after

section 49: 49a. Nothing in

section 48 Dr 49 shall be construed to require service of any regulation or order of the Board that is filed under The Regulations Act and a copy of a regulation or order of the Board so filed (

a) purporting to be printed by the Queen's Printer, Dr (

b) contained in a copy of the Gazette, and indicating that it is filed under The RegUlations Act, shall be admitted in evidence as prima facie proof of the contents of the regulation or order and that it is filed under The Regulations Act on the date indicated.

Section 103 presently reads: 103.

(1) The Board has jurisdiction upon its own initiative or upon complaint in writing to inquire into any matter relating to the pro duction, supply, distribution or sale of milk.

(2) Where, in the opinion of the Board, the milk supply in any part of the Province is likely to be interrupted or impaired in quality to an extent affecting the public health or convenience or that the distribution, sale or disposal is subject to discriminatory, unfair or unwarranted competition, the Board may make such regulations and orders as it deems necessary in the public interest.

(3) Without limiting the generality of its powers under subsection (2), the Board may (

a) prescribe the areas, whether bounded municipally or other wise, in which any such regulations or orders are to have effect, (

b) supervise the production, furnishing, delivery, keeping for sale and the sale of milk, within the areas prescribed, including the licensing, if deemed expedient, of any of the respective classes or persons referred to in the regulations or orders, and the fixing and collection of a reasonable fee therefor. (

c) prohibit any person or any class or -classes of persons who may be designated by the Board from engaging in the production, distribution, selling or keeping for sale of milk and milk pro ducts or such of them as may be designated by the Board, unless authorized to do so by the Board, and suspend or cancel any authorization previously given, (

d) prescribe the terms and conditions upon which milk fnay be produced, received, handled, stored, delivered, kept for sale or sold in any such area, (

e) classify milk producers and distributors or other persons keeping milk for sale or selling milk, (

f) approve or establish from time to time schedules of minimum rates at which milk is to be supplied by the respective classes, having regard primarily to the interests of the public and to the continuity and quality of supply, (

g) establish schedules of prices at which a distributor carrying on business in a prescribed area shall, outside that area, furnish, deliver, sell or keep for sa:le any fluid milk, and (

h) establish schedules of minimum prices at which milk may be purchased by a distributor in a prescribed area from any milk producer whether located within or without the prescribed area. The present

section 104 is virtually identical to

section 103 but relates only to cream. 2

5. Sections 103 and 104 are struck out and the follow ing sections are substituted: 103.

(1) The Board may make such regulations and orders as it deems necessary in the public interest govern ing and controlling the production, processing, supplying, distribution or sale within the Province of milk or cream or both.

(2) Without limiting the generality of subsection (1) the regulations of the Board may 2 (

a) define milk and cream, (

b) prescribe the areas, hereinafter referred to as "controlled areas", in which the regulations or any provisions thereof are to apply, (

c) designate classes of persons engaged in producing, processing, supplying, distributing or selling milk or cream, (

d) require the licensing by the Board of persons in all or any of the classes designated pursuant to clause (

c) and prohibiting any person from pro ducing, processing, supplying, distributing or sell ing milk or cream unless he is the holder of the appropriate licence from the Board, (

e) prescribe fees to be paid to the Board for the issue of licences, (

I) prescribe the information and documents that the Board may require in connection with applications for licences, (

g) prescribe the conditions under which the Board may suspeI},d or revoke a licence, (

h) prescribe the books, records and accounts to be kept by licensees or any -class of licensees, (

i) require annual reports to be made by any class of licensees and prescribe the information to be contained in the reports and the manner in which the reports or any part thereof are to be certified, (

j) prescribe the minimum prices for milk or cream that are to be paid to producers and that are to be charged by processors, suppliers, distributors and sellers of milk or cream, (

k) prescribe the minimum prices that a distributor carrying on business in a controlled area is to charge when furnishing, delivering, keeping for sale or selling milk or cream outside a controlled area, (

l) provide for the regulation of the supply of milk or cream by producers to a processor or processors and for that purpose, provide for a system of quotas for producers supplying milk to the same processor, (

m) provide for the appointment of committees in con-

6. l05a. Powers of Board to require financial and other infor mation. l05b. Powers of Board's inspectors. 3

necti'Onwith the administration 'Of the system 'Of quotas referred to in clause (

l) and prescribe their powers and duties, (

n) regulate the manner and time of payments to pro ducers by pr'Ocessors or other.s and require the making of statements accompanying payments to producers and pres,cribe the information t'O be con tained in the statements, (0) p~es-cribe the terms and conditions UP'On which mIlk 'Or cream may be produced, processed, received handled, stored, delivered, kept for sale or sold, ' (

p) pr'Ohibit any act or practice in connection with the production, processing, supply, distribution or sale of milk or cream, and (

q) fix the amounts 'Of the assessments under

section 112 and provide for any matter in connection with 'Or incidental to assessments and levies under that secti'On. ('3) Regulations under this

section may, with respect to any subject matter, relate to both milk and cream or to either milk or cream. 104. The B'Oard has jurisdiction, UP'On its own initia tive 'Or upon complaint in writing, to inquire int'O any matter relating t'O the production, processing, supply, dis tribution or sale within the Province of milk or cream. 61. The following sections are added after

section 105: 105a. The Board may from time to time require a per s'On licensed pursuant to the regulations under this Division to submit t'O the Board at or within such time as it may direct a report on his operations 'Or any part thereof, in such form and -containing such information and verified in such manner as the Board may require. l05b. An inspect'Or or officer of the Board may, f'Or the purposes 'Of this Divisi'On or the regulations, (

a) enter and inspect any place, building, plant or property 'Other than a dwelling h'Ouse, (

b) stop and search any vehicle and inspect any pack age 'Or container if, in his opiniol!, t~e ,:ehicle. is being used for the purpose of dIstrIbutIng mIlk 'Or cream, (

c) require the producti'On 'Of any books, records 'Or acc'Ounts that are required b~ the regulations t'O be kept by a licensee, and (

d) take such quantities of any lot 'Of milk as m~y reasonably be required for the purpose of analysIs. 3

7. The amendment is necessitated by the re-enactment of sections 103 and 104 by clause 51 of this Bill 8. Corrects a reference. 9. 'The new

section 109 is a revision of subsections (1), (2) and (3) of the present

section 109, which set out three separate offence provisions. There will now be one general offence pro vision but with the minimum fine for a first offence raised from $25 to $50 and for a second or subsequent offence raised from $50 to $100. 109a. Subsection (1) of the new

section 109a is the present

section 109 (4) revised. Subsection (2) of the new

section 109a is new. 109b. Oertificate of analyst is to be admitted as prima facie proof of facts stated in it. 4

Section 106, subsection (1) is amended by striking out. the words "un~er

section 103 or 104," and by substi tutIng the words under the regulations made pursuant to this Division,".

Section 107 is alnended by striking out the words "any order of the Board," and by substituting the words "the regulations made under this Division,".

Section 109 is struck out and the following sections are substituted: 109. A person who contravenes any provision of any order or regulation made by the Board pursuant to this Division is guilty of an offence and liable upon

summary conviction (

a) for a first offence to a fine of not less than fifty dollars nor more than two hundred and fifty dollars and in default of payment to imprisonment for a term of not more than three months, and (

b) for a second or subsequent offence to a fine of not less than one hundred dollars nor more than five hundred dollars or in default of payment to imprisonment for a term of not more than six months, and in any case, either in lieu of or in addition to a fine, to imprisonment for a term of not more than six months. l09a.

(1) In a prosecution for an offence under this Division, (

a) the description of a commodity purporting to be milk or cream on a container or on the cap on a container shall be admitted in evidence as prima facie proof of the contents of the container and of the grade or class of milk or cream, and (

b) an invoice purporting to record the sale of milk or cream shall be admitted in evidence as prima facie proof of the sale of the grade or class of milk or cream set out in the invoice at the price and in the quantity specified therein.

(2) In a prosecution for an offence under this Division, if it is shown (

a) that any container admitted in evidence indicates on the container itself or on the container's cap the measure of its capacity or of its contents, and (

b) that the container is or was filled or approxi mately filled at the time or times material to the offence, it shall be presumed that the measure of the contents of the container is the same as the measure of its capacity or contents so indicated on the container or cap. 4

Section 112, sUbsection (1) presently reads: 112.

(1) The costs incurred or to be incurred in enforcing any orders or regulations made by the Board pursuant to

section 103 or 104, or in the administration of both or either of these sections in any area prescribed as an area in which any of such orders or regulations are to have effect, shall be borne and paid as to twenty-five per cent thereof by the Crown and as to seventy-five per cent thereof by persons who are licensed by the Board as milk or cream producers in such areas and by persons licensed as milk or cream distributors who market, distribute, process, keep for sale or sell in such areas mHk and cream or either of them in liquid form. The

section is recast for clarification ,and to tie its language in with the new sections 103 and 104. II.

Section 115 presently reads: 115. Every order made by the Board under this Part shall be served in the manner set out in

section 44 upon the person affected thereby or his duly authorized agent or solicitor, within ten days from the time the order is signed, or within such longer time as the Board may direct. Regulations filed under The Regulations Act are published in the Gazette and as public notice is thus given, it is considered that there is no necessity to also serve them on persons who might be affected by them. 12. Commencement of Act. 5

109b.

(1) In a prosecution for an offence under this Div~sion, the certificate or report signed or purporting to be s'lgned by an analyst relating to the analysis or ingredi ents of any commodity submitted to him shall be admitted in evidence as prima facie proof of the facts stated therein and of the authority of the person making it, without proof of his appointment or signature. (2) r:Dhe expenses of the analysis shall be part of the costs of the proceedings.

(3) In this section, "analyst" means an analyst ap pointed under The Dairymen's Act or the Food and Drugs ~ct (Canada).

Section 112, subsection (1) is amended hystriking out the words "any orders or regu1ations made by the Board pursuant to

section 103 or 104, or in the administra tion of both or either of these sections in any area pre scribed as an area in which any of such orders or regula tions are to have effect," and by substituting the words "the regulations under this Division and the administration of them with respect to controlled areas,".

Section 115 is amended by renumbering the

section as subsection (1) and by adding the following subsection:

(2) This

section does not apply to any order of the Board that is a regulation within the meaning of The Reg rulations Act or to an order of the Board prescribing regu lations. 12. This Act comes into force on the day upon which it is assented to. 5

No. 111 SECOND SESSION fiFTEENTH LEGISLATURE 13 ELIZABETH II 1965 BILL

An Act to amend The Public Utilities Board Act Received and read the First time ......................................... . Second time ....................................... . Third time ......................................... . HON. MR. MANNING Title: 1965 (15th, 2nd) Bill 111,

An Act to amend The Public Utilities Board Act

Document details

Collection	Alberta — Bills
Citation	L15 S2 1552
Type	bill
Volume / chapter	L15 S2 1552
Language	en
Format	json
Source	PROVINCIAL
Identifier	40dbfb9f4e6411e56ba9b5bebf66c879aeedc0aa

Source file is stored in the law ingest library (json).