Bill 58 (Legislature 10, Session 5)

L10 S5 7305

Alberta — Bills

Bill No.. 58 Qf 1948. A BILL RESPE.CTING SEED-CONTROL AREAS AND TO FACILITATE THE GROWING OF PURE SEED OF FIELD CROPS, VEGETABLES AND TUBERS NOTE. This Bill enacts a new Act. Any five Qccupiers of land who. desire to. fQrm a seed contrQI area may call a public meeting of the occupiers Qf land within the prQPosed area. The Act sets Qut the nQtice required in CQnnectiQn with any public meeting and the pr'O cedure to be follQwed at the meeting. A majQrity Qf the Qccupiers of land present at the meeting may decide to. circulate a petition fQr the 'cQnstitutiQn Qf a seed-cQntrol area.

The petitiQn, tQgether with prQQf of cQmpliance with the conditiQns regarding nQtice Qf the public meeting and tQ gether with prQ'Of that the petitiQn is signed by nQt less than sixty per cent 'Of the Qccupiers Qf land in the proPQsed seed-cQntrQI area, may be presented to. the Lieutenant GQvernQr in CQuncil who. may cQnstitute the area as a seed cQntrQI area. The Qccupiers Qf land nQminate three perSQns to. a Seed-cQntrQI CQmmittee and the Minister Qf Agriculture appoints one member to. it.

The CQmmittee is a bQdy CQrp Qrate and its powers with regard to. the cQntrQlling facilitat ing and prQtecting the gro.wing Qf seed within the seed cQntrol area are set Qut in the Act. The only funds Qf any seed-contrQI CQmmittee are the vQluntary cQntributiQns Qf seed grQwers and o.ccupiers of lands within the seed-contrQI area. No. person may grQW in a seed-co.ntrQI area any seed Qr crQP the grQwing Qf which is prQhibited by the Lieutenant GQvernQr in CQuncil.

The Lieutenant GovernQr in CQuncil is given P'Ower to. make regulatiQns changing Qr altering the limits of a seed contrQI area, prescribing additional PQwers and duties fQr the Seed-cQntrQI CQmmittee, regulating times Qf meetings and prQcedure at meetings, pres'cribing the kind Qr variety Qf seed Qr crQP to. be grown within a seed-contrQI area, and providing fQr inspectiQn, testing and approval Qf seed, etc. The penalty prescribed for any viQlatiQn of the Act Qr the regulatiQns is a maximum fine not exceeding Qne hundred dollars. W. S.

GRAY, Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

BILL No. 58 of 1948. An Aet Respecting Seed-control Areas and to Facilitate the Grewing of Pure Seed of Field Crop's, Vegetables and Tubers. (Assented to ,1948.) HIS MAJE.ST~, by and with the advice and cons'ent of the LegIslatIve Assembly of the Province of Alberta, enacts as follows:

SHORT TITLE. 1. T'his Act may be cited as "The Seed-control Areas Act."

INTERPRETATION. 2. In this Aet,. unless the context otherwise requires,J' (a) "Committee' means the Seed-control Committee of a seed-control area constituted under this Act; (b.y "Oe-cupier" means any person in posses'sian of land who is actually occupying and using the s'ame, whether as owner, purchaser, lessee, or otherwise howsoever; (c) "Seed" means the seed of any field crop·,. vegetable or tuber; (d) "Seed-eontrol area" means a seed-control area con stituted under this Act. 3.-

(1) Any five oocupiers of lands within an area which they propose to have constituted a seed .. control area under this Act may by public notice call a meeting of the occupiers of land within that area at a time and place named in the notice.

(2) The notice shall contain a description of the area proposed to be constituted a seed-control area.

(3) At least fifteen days before the day named for the meeting,. a. copy of the notice shall be posted up at ea~h post office s,erving the area and at any two other conspicuous public places in the area, and shall be published in at least one issue of a newspaper published in the Province and circulating within the area.

(4) Every occupier of land within the area may attend and take

part in the discussion at the meeting, and a majority in number of the occupiers present at the meeting may decide to cir:culate a petition for the ,constitution of a seed-control area under this Act.

2 4. The petition shall,- (

a) be addressed to the Lieutenant Gov~rnor in 'Council, in a form pres'cribed by the regulatIons; and (b) 'contain a description of the proposed seed-control area; and (

c) specify the name of any kind or variety of seed or crop as a seed or -crop which may be grown or the growing of which may be prohibited within the proposed seed-control area or part thereof,; and (

d) state the names of three persons whom the peti tioners desire to be appointed as members of the Seed-oontrol Committee of the seed-'control area; and (

e) be accompanied by a written consent signed by each of the three persons named signifying their willing ness to a,ct. 5.-

(1) On the presentation of the petition, accompanied by proof of compliance with

section 3, and proof that the petition is signed by not less than sixty per cent in number of the occupiers of land in the proposed seed-control area, the Lieutenant Governor in Council may, subj ect to the pro visions of subsection (2), by order constitute the lands described in the petition a seed-control area under such name as may be ,considered advisable, and may appoint the persons nominated in the petition, together with one other person nominated by the Minister of Agriculture, to be the Seed-control Committee of that seed-control area.

(2) In constituting the seed-oontrol area, the Lieutenant Governor in Council may change or vary the boundaries of the seed-control area as set out in the petition.

(3) The Lieutenant Governor in Council by the order constituting the seed-'control area, or by a subsequent order from time to time,- (

a) may prescribe any kind or variety of seed or crop as a seed or crop which maybe grown within the seed control area, or part thereof; and (

b) may prohibit the growing of any designated kind or variety of seed or crop within the seed-control area, or part thereof. 6.-

(1) Upon the making of the order constituting the seed-control area, the members of the Committee' s'O appointed, and their suc'cessors in office shall become and be a body politic and ·corporate, under the name set out in the order, and the order shall be conclusive evidence of the regularity of all proceedings leading up to the constitution of t~e seed-con~rol area and that the Committee is duly appOInted, and Incorporated under this Act. (2) .The nu~ber of members constituting the Coniniittee from tIme to tIme, the term of office of the nlembers, the

3 making o.f appointments of members, and the co.nstitution of a quorum shall be governed by the regulations' but there shall he at all times one member o.f the Com~ittee who. is the nominee o.f the Minister o.f Agriculture, and the other members shall be no.minees of the occupiers of lands within the seed-co.ntrol area. • 7. U'pon sueh conditions and subject to. such provisio.ns as may be co.nsidered pro.per, the Lieutenant Governo.r in Co.uncil may by order revo.ke and ,cancel the co.nstitutio.n o.f any seed-co.ntrol area, and declare the Committee thereo.f to. be disSo.lved. 8..-

(1) Fo.r the purpo.se o.f co.ntrolling, facilitating, and protecting the gro.wing o.f seed within the seed-co.ntro.I area, the Co.mmittee shall have autho.rity to. carry o.ut and enfo.rce the provisio.ns of this Act and the regulatio.ns.

(2) Without in any way limiting the generality o.f sub section (1), the Po.wers and duties of the Committee shall in,elude the fo.llo.wing: (

a) The emplo.yment, directio.n, and supervision o.f such servants and emplo.yees as may be co.nsidered neces sary to. enable the Co.mmittee effectively to. carry o.ut its work, and the payment o.f the salaries o.r wages o.f the perso.ns so. emplo.yed; (

b) The keeping o.f accurate reco.rds of the wo.rk done and o.f the Co.sts and expenses incurred by the Co.m mittee; (

c) The submissio.n from time to. time of such repo.rts as the Minister of Agriculture may require; (

d) The making o.f reco.mmendatio.ns to. the Lieutenant Go.verno.r in Council re·co.mmending the name of any kind o.r variety of seed or crop as a seed o.r crop which may be gro.wn o.r the growing o.f which may be pro.hibited within the seed-contro.l area o.r part thereo.f; (

e) The exercise o.f such other powers and the perfo.rm ance o.f such other duties as may be prescribed by the regulatio.ns.

(3) The Co.mmittee shall no.t undertake any expen~iture or incur any liability in excess of the mo.neys co.ntrIbuted for the purpo.ses of this Act by the seed-growers and occupiers o.f land within the seed ... co.ntro.I area. 9. No person shall gro.w or 'permit to. gro.w o.n any land o.f which he is the o.ccupier within a seed-.co.ntro.I area, or within any part thereo.f, any kind or variety o.f seed or cro.P the growing o.f which is prohibited within that seed-co.ntro.I area o.r part thereof pursuant to.. any order of. the Lieutenant Go.verno.r in Co.uncil under

sectIOn 5 o.r

sectIOn 10.

4 1'0,-

(1) For the purpose, 'Of carryi;tg into. effect the p.rovisions 'Of this A'c,t accotd~ng to theIr true· Intent,. the Liemenant Governor In CouncIl may make such regl1'laboD's as he considers necessary or advisable.

(2) Without in any way limiting t?e gener~lity of sub section (1), the Lieutenant Governor In CouncIl may make regulations or orders,- (

a) defining, redefining, reducing, or extending the limits of a seed-control area; (

b) prescribing the powers and duties 'Of Committees under this Act, the number 'Of members constitut ing a Committee, the term of office of members, the manner of nominating and appointing members, and the number of members required to constitute a quorum; (d) (e) (/) (

g) regulating the times of meetings and the manner of calling and conducting meetings of oeeupiers of lands within a seed ... control area, and the method of voting and the qualification of voters at those meetings; . pres·cribing the methods of seed-control work to be followed by the Committee in respect of any seed control area; pres'cribing any kind or variety of seed 'Or crop as a 'seed or 'Cl~Op which may be grown within a seed control area, or part thereof; prohibiting the growing of any designated kind or variety of seed or crop within the seed-eontrol area, or part thereof; defining a variety area or areas within a seed-con trol area and prescribing the variety or varieties of seeds or ,crops whi,ch may be grown, or the growing of which is prohibited within any variety area so defined; (11, ) cancelling any or all variety areas; (

i) providing for the inspecti'On, testing,. and approval of the seed so grown or produced and the inspection of seed-control and variety areas; (

i) requiring and compelling the occupiers of lands within any seed-c'Ontrol area to prevent the blossom ing or m~turing on the lands occupied by them of seed-bearIng plants or crops injurious or which might be,come injurious to any seed grown in that area pursuant to this A,ct; (

k) regarding such other matters 'Or things as may be deemed advisable, expedient or necessary to carry out the purposes and provisions of this Act. 11. Any person who violates any provision of this Act or, the regulations, or who hinders or obstructs the Com mIttee or any member, servant, or employee of the Com-

5 mittee in the performance of its or his duties or powers under this Act, shall be liable, o.n

summary conviction, to a fine not exceeding one hundred dollars. 12. This A'ct shall come into. force on the day upon which it is assented to.

No. 58 FIFTH SESSION TENTH LEGISLATURE 12 GEORGE VI 1948 BILL

An Act respecting Seed-Control Areas and to. Facilitate the Growing of Pure Seed of Field Crops, Vege tables and Tubers. Received and read the First time Second time . Third time. HON. MR. MACMILLAN. EDMONTON: A. Shnltka, King's Printer Title: 1948 (10th, 5th) Bill 58,

An Act Respecting Seed-control Areas and to Facilitate the Growing of Pure Seed of Field Crops, Vegetables and Tubers

Document details

Collection	Alberta — Bills
Citation	L10 S5 7305
Type	bill
Volume / chapter	L10 S5 7305
Language	en
Format	json
Source	PROVINCIAL
Identifier	423e58bfc1451b9690d3130550cc6ca1368c80f1

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