Bill 4 (Legislature 13, Session 1)

L13 S1 6441

Alberta — Bills

Bill No. 4 of 1955 (Second Session) A BILL RESPECTING THE MARKETING OF AGRICULTURAL PRODUCTS NOTE This Bill enacts a new Act to be entitled "The Marketing of Agricultural Products Act." The purpose and intent of the Act is to provide for the promotion, control and regulation of the marketing of poultry, poultry products, hogs, vegetables, honey, cheese, commercial grass or legume seed within the Province.

A commodity producer Inarketing board known as a "producer board" may be constituted by the Lieutenant Governor in Council upon the establishment of a plan for the control and regulation: within any area of the Pro vince, of the marketing of any agricultural product designated in the order of the Lieutenant Governor in Council. A plan does not become operative until it has been approved by a majority of the persons engaged in the pro duction of the agricultural product within the area to which the plan relates.

In addition, there is provision for co-operation with the Government of Canada in respect of the marketing of agricultural products within Alberta. The Minister of Agriculture is to administer this Act. The Agricultural Products Marketing Act (chapter 2 of the Statutes of Alberta, 1949), which has not to date been proclaimed in force, is repealed by this Act. This Bill comes into force upon assent. J. W. RYAN, Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

BILL No.4 of 1955 (Second Session)

An Act respecting the Marketing of Agricultural Products (Assented to ,1955) HER 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 "The Marketing of Agricul-

Short title tural Products Act,".

Interpretation 2.

In this Act, ~~i?~gre- (a) "agricultural product" means any poultry, poultry "agri- d h t bl h h cultural pro ucts, ogs, vege a es, oney, c eese, commer- product" cial grass and legume seed; (b) "Canada Act" means the Agricultural Products Canada Act Marketing Act (Canada), and all amendments thereto or any Act passed by the parliament of Canada in substitution therefor; (c) "Canada Board" means the Governor in Council; ~~~~d~a (d) "dealer" means a person who on his own account "dealer" buys and sells agricultural products but does not include a person who retails agricultural products to consumers exclusively; (e) "designated agency" means an agency designated "designated by a producer board as the agency by or through agency" which a regulated product is to be marketed; (f) "marketing" includes buying, owning, selling, stor- "marketing" ing, offering for sale, shipping for sale or storage, advertising, financing, assembling, packing, or pro- cessing and includes transportation in any manner by any person; (g) "producer board" means any commodity producer Hprod!!cer marketing board constituted pursuant to this Act board by the Lieutenant Governor in Council, to admin- ister any plan drawn up under this Act in respect of any designated agricultural product; (h) "regulated product" means any agricultural pro- "regula~,ed duct the regulation and marketing of which is product provided for in any plan approved or established under this Act; (i) "regUlations" means regulations made pursuant H,regWa- to this Act. tlOns

2 Appointment of Officers Appointment 3. The Lieutenant Governor in Council may appoint o'f officers such advisory committees, officers, clerks and servants as are necessary for administering this Act and the regula tions, and may fix their remuneration. Marh:e,ting Plans and Boards rurpose and 4. The purpose and intent of this Act is to provide for mtent of Act h . tId I to, II t Establish ment of plans and boards Approval of plan Powers vested in board t e promotIOn, con ro an regu a lOn, In any or a aspec s, of the marketing of agricultural products within the Pro vince. 5.

(1) Subject to

section 6, the Lieutenant Governor in Council by order may (

a) upon request, establish plans for the control and regulation within the Province of the marketing of any agricultural product designated in the order, and (

b) constitute commodity producer marketing boards to administer such plans and vest in those boards respectively any powers considered necessary or advisable to enable them effectively to control and regulate the marketing of the designated agricul tural products within the Province.

(2) A plan may relate to the whole of the Province or to any area within the Province and may relate to a designated agricultural product or to any grade or class thereof.

(3) The method by which the members of any commodity prod ucer marketing board are to be chosen may be set out in any plan established under this section.

(4) A producer board constituted under this

section is a body corporate. 6.

(1) A plan established under

section 5 shall provide that the plan does not become operative in other respects until the plan has by a vote been approved by fifty-one per cent of the persons engaged in the production of a desig nated agricultural product within the area to which the plan applies.

(2) The Lieutenant Governor in Council may determine the manner in which the vote on the plan is to be taken and may nominate a returning officer to conduct the vote. ':. Without limiting the generality of any of the other provisions of this Act, the Lieutenant Governor in Council may vest in any producer board any or all of the following powers: (

a) the power to regulate the time and place at which and to designate the agency by or through which any regulated product is to be marketed, (

b) the power to regulate the manner of distribution, the quality and quantity, grade or class of the regu lated product that is to be marketed by any desig nated agency at any time,

3 (

c) the power to prohibit the acceptance, in whole or in part, by designated agencies, of any grade, qual ity or class of any regulated product, (

d) the power to exempt from any regulation, deter mination or order any person or class of persons engaged in the marketing of the regulated product or any class, variety or grade of the product, (

e) the power to require any or all persons engaged in the marketing of the regulated product to register with and obtain a licence from the board and pro vide such guarantees of financial responsibility as may be deemed necessary, (/) the power to require those engaged in the production or marketing of the regulated product to register their names and addresses with the board, (

g) the power to require the necessary statistical infor mation relating to the production and marketing of the regulated product from all persons engaged in any or all phases of marketing, (

h) the power to require periodic returns to be made by persons engaged in any or all phases of market ing of the regulated product, and to inspect the books and premises of such persons, (

i) the power to fix and collect yearly, half-yearly, quarterly, or monthly, licence fees from any and all persons engaged in any phase of marketing of the regulated product and for such purpose to classify persons into groups and fix licence fees payable by the members of the different groups in different amounts, (

j) the power to recover any licence fees by suit in any court of competent jurisdiction and to cancel any licence for violation of any provision of the plan or of any order of any board or any regulations, (

k) the power (

i) to fix prices or maximum or minimum prices, or both, at which the regulated product or any grade, variety or class thereof may be bought or sold, otherwise than by retail to consumers, in the Province or that will be required to be paid for the regulated product by a designated agency, (ii) to fix different prices for different parts of the Province, and (iii) to determine the maximum spread that dealers or any designated agency may add to the price paid by them for the regulated -product, or any variety, grade, class or size thereof, (

l) the power to seize, remove and dispose of any of the regulated products kept or marketed in viola tion of any order of the board by any designated agency and to retain or otherwise to dispose of the proceeds thereof, (

m) the power to use, in carrying out the purposes of a plan and in paying the expenses of the board, any

'rermina tion of plan Plebiscite Vote to terminate plan 4 money received by the board and to impose service charges for services performed by the board, (

n) the power to conduct pools for the distribution of all moneys received from the marketing of the regu lated product and, after deducting all nece~sarr and proper disbursements and expenses, to dIstrI bute the proceeds of such marketing in accordance with the plan of distribution determined by the board, (0) the power to establish a fund in connection with any plan of control and regulation and to use the same in such manner as the board may deem neces sary or advisable, (

p) the power to borrow, raise or secure the payment of money, in such manner as the board may think fit, for the purpose of carrying out the objects of a plan, (

q) the power to hypothecate, assign, draw, make, sign, accept, endorse, discount, and issue bills of ex change, cheques and other negotiable and transfer able instruments, (

r) the power to acquire, hold, mortgage, and dispose of real and personal property, (8) the power to co-operate with a marketing board, a local board or a marketing agency of any other Province for the purpose of marketing any regu la ted product, (

t) the power to make such orders, rules and regula tions as are deemed necessary or advisable to con trol and regulate effectively the marketing of the regulated product. 8.

(1) After a plan has been established under

section 5, persons engaged in the production of the regulated pro duct within the area to which the plan.applies may petition the Minister of Agriculture to terminate the plan.

(2) The petition shall be signed by not less than ten per cent of the persons entitled to petition. 9. Notwithstanding

section 8, the Lieutenant Governor in Council may, from time to time and at any time, order that a plebiscite of the persons engaged in the production of the regulated product be held in the area to which a plan relates. 10.

(1) Upon receipt of a petition under

section 8, or upon an order of the Lieutenant Governor in Council under

section 9, the Minister shall cause a plebiscite to be held in the area to which the plan relates and if fifty-one per cent of the persons engaged in the producti~n of the regulated product within that area vote to termInate the plan the Minister may, by order, terminate the plan on a date which may be fixed by the order.

(2) The Lieutenant Governor in Council may make such rules and regulations as may be necessary to settle the assets and affairs of and to wind up any producer board established to operate a plan terminated pursuant to this section. Co-operation with Canada Board 11. ITo regulate the marketing of any agricultural pro- C,?-operation d t f th P · d . wIth Canada uC 0 e rovInce a pro ucer board may co-operate wIth Board the Canada Board and may act conjointly with the Canada Board, and may perform such functions and duties and may exercise such powers as are prescribed by this Act or the regulations. 12.

With the approval of the Lieutenant Governor in powders of C ·1 d b d . f pro ucer ounCI a pro ucer oar may, wIth re erence to the market- board ing of a designated agricultural product, perform any function or duty and exercise any power imposed or con- ferred upon it by or pursuant to the Canada Act. 13.

With the approval of the Lieutenant Governor in ~le;g~~rs Council the Canada Board may in any manner and under any circumstances within provincial jurisdiction exercise any of its powers with reference to the marketing of any agricultural product, to the same extent and with the same effect as if those powers were exercised by it pursuant to the Canada Act with reference to the marketing of that agricultural product. Regulatio,ns 14.

(1) With reference to the marketing of any agri- ~;st~~; of cultural product and so far as the same is within provincial W jurisdiction, the Lieutenant Governor in Council may make such regulations, and by order vest in a producer board such authorities and powers as are considered necessary or advisable (

a) to carry out the purpose and intent of this Act, or (

b) to enable a producer board to exercise in co-opera tion with the Canada Board effective control of the marketing of agricultural products to the full ex tent intended by this Act and the Canada Act.

(2) Without limiting the generality of subsection (1), Regulations the Lieutenant Governor in Council may make regulations (

a) providing for the appointment of producer boards or agencies within the Province to co-operate with and act as agents of the Canada Board, (

b) providing for the appointment of producer boards or agencies to exercise within the Province any authority or function that may be conferred on a provincial board under the Canada Act and other wise to co-operate and act in the administration and carrying out of any plan for the regulation of the marketing of any agricultural product authorized . under the Canada Act or this Act,

General regulations Powers of producer board restricted General penalty Appropri ation (c) (d) (e) (I) (g) 6 approving any plan for the regulation of t~e mar keting 'of any agricultural product f~r whIch. t~e approval of the Lieutenant Governor In CouncIl IS necessary for any purpose of the Canada Act, authorizing and giving effect to any plan for the regulation of the marketing within the Province of any agricultural product, providing for the submiss~on of any plan. for the regulation of the marketIng of any agrIcultural product to a plebiscite within the area of the Pro vince covered by the plan, providing for the termination and annulment of any approval given or plan authorized by the Lieu tenant Governor in Council under this Act, and the disposition of the assets of any producer board whose appointment or authority is annulled, and authorizing a producer board to appoint officers and agents, to prescribe their duties, fix their re muneration and provide for the payment thereof.

General 15. Any approval tha t the Lieutenant Governor in Council is authorized or required to give for any purpose of this Act may be given by general regulations applicable to all cases or any class or classes of cases, or by special order in any particular case. 16.

(1) Nothing in this Act shall be deemed to author ize a producer board or agency to restrict, prohibit or limit the production of any agricultural product.

(2) No producer board shall, in the exercise of its func tions under this Act, discriminate against any producer to the unjust advantage of any other producer or producers.

(3) Where a designated agency refuses to accept a regulated product for marketing, the producer thereof may market the refused product in any manner he sees fit to do so, if the marketing or the manner thereof is not prohibited by or pursuant to any other statute of the Province. 17. Every person who fails to comply with any deter minati~n, regulation or order of a producer board or any regulations, is guilty of an offence and, if no other penalty is provided, is liable upon

summary conviction to a fine of not more than one thousand dollars and, in default of payment thereof, to a term of imprisonment not exceeding three months. 18. All moneys necessary to pay the remuneration of the members of advisory committees appoi~ted. under se!! tion 3 and to meet the expenses necessarIly Incurred In carrying out this Act shall be paid out of moneys appro priated by the Legislature for that purpose.

7 19.

(1) The purpose and intent of the Legislature is to qonstruc confine the provisions of this Act within the competence of tlOn of Act the Legislature, and all the ·provisions of this Act shall be construed so as to give effect to this purpose and intent.

(2) If any provision or

section is held or found to be Provisions beyond the powers of the Province, such provision or

section ~~~o:;.~ of so far as it deals with matters within the competence of the Province Legislature, shall be held to stand and be valid and opera- tive, and have the same effect as if the provision or

section had dealt with such matters exclusively, and the remaining provisions and sections of this Act shall not be deemed or held to be inoperative or ultra vires, but shall be held to stand and be valid and operative, and have the same effect as if they had been originally enacted as separate and in dependent enactments and as the only provisions of this Act, and all the provisions of the Act that are within the powers of the Province remain in full force and effect notwith standing that some provisions are held to be ultra vires, the intention of the Legislature being to give separate and independent effect to the extent of its powers to every .enactment and provision contained in this Act. 20.

A copy of any rule, order, regulation, resolution, Evidence determination, minute or direction of a producer board constituted under this Act, certified by a member of such board or the secretary thereof as a true copy, shall without proof of the signature of the person signing the certificate, be taken in all cases in lieu of the original rule, regulation, resolution, determination, minute, order or direction and is admissible as evidence thereof in all courts of the Province. 21. The Minister of Agriculture is charged with the Adn:inis- administration of this Act. tratlOn 22.

The Agricultural Products Marketing Act, being Repeal

chapter 2 of the Statutes of Alberta, 1949, is hereby re pealed. 23. This Act comes into force on the day upon which Coming into it is assented to. force

FIRS,T SESSION THIRTEENTH LEGISLATURE 4 ELIZABETH II 1955 (Second Session) BILL A Bill respecting The Marketing of Agricultural Products Received and read the First time ..... Second time. Third time ............ . HON. MR. HALMRAST Title: 1955 (13th, 1st) Bill 4,

An Act respecting the Marketing of Agricultural Products

Document details

Collection	Alberta — Bills
Citation	L13 S1 6441
Type	bill
Volume / chapter	L13 S1 6441
Language	en
Format	json
Source	PROVINCIAL
Identifier	63ff9f5704e2ed4a7ce2271a361ae3662cc908bb

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