Bill 54 (Legislature 15, Session 3)

L15 S3 1358

Alberta — Bills

No. 54 3rd Session, 15th Legislature, Alberta 14 Elizabeth II BILL S4 A Bill respecting the Sale of Milk and Cream HON. MR. HOOKE Printed by L. S. WALL. Printer to the Queen's Most Excellent Majesty, Edmonton, Alberta, 1966

Explanatory Note I. This Bill will repeal land replace Division 5 of Part n of The Public Utilities Board Act entitled ",Milk and ,cream". There are no substantial changes in the legislaHon, the object of the Bill being solely to put the present legislation in the f'Orm of a separate Act. References to 'se·ctions in the explanat'Ory notes are references to the provisions of Tine Public Utilities Board Act from which <they are derived. 2. "Board" defined. 3. Regulations and orders re milk and cream. Sections 103 and 106 (2).

BILL No. 54 of 196,6

An Act respecting the Sale of Milk and Cream (Assented to , 1966) HE'R MAJ~STy, 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 Milk Control Act". 2. In this Act "Board" means the Public Utilities Board constituted under The Public Utilities Board Act. 3.

(1) The Board may make such regulations and orders as it deems necessary in the public interest governing and controlling the production, processing, supplying, transpor tation, distribtution 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 (

a) define milk and cream, (

b) prescribe the areas, hereinafter referred to as "con trolled areas", in which the regulations or any pro visions thereof are to apply, (

c) designate classes of persons engaged in producing, processing, supplying, distributing or selling milk (d) (e) (f) (g) (

h) or cream, 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 producing, processing, supplying, distributing or selling milk or cream unless he is the holder of the appropriate licence from the Board, prescribe fees to be paid to the Board for the issue of licences, prescribe the information and documents that the Board may require in connection with applications for licences, prescribe the conditions under which the Board may suspend or revoke a licence, prescribe the books, records and accounts to be kept by licensees or -any class of licensees,

4. Inquiry re milk and cream.

Section 104. 5. Refusal, suspension or cancellation ofa licence.

Section 106 (1) . 2

(

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

j) prescribe the minimum prices fer milk or cream that are to be paid to producers and that are to be charged by processors, suppliers, distributor-s 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 a re'a , (

l) previde for the regulatien 'Of the supply 'Of milk or cream by preducers to a processor or processers and fer that purpose, provide for a system of quotas for preducers supplying milk te the same processor, (

m) provide for the appointment of committees in con nection with the administration of the system of quotas referred to in clause (

l) and prescribe their powers and duties, (

n) regulate the m'anner and time of payments to pro ducers by processors or others and require the mak ing of statements accompanying payments to pro ducers and prescribe the information te be con tained in the statements, (0) prescribe the terms and conditions upon which milk or cream may be produced, precessed, received, handled, stered, delivered, kept fer sale or seld, (

p) prehibit any act or practice in connectien with the production, precessing, supplying, transportation, distribution or sale of milke or cream, and (

q) fix the amounts of the assessments under

section 14 and provide for any matter in connectien with 'Or incidental te assessments and levies under that sec tien.

(3) Regulations under this

section may, with respect to any subject matter, relate te both milk and cream or to either milk or cream.

(4) In prescribing minimum prices for milk 'Or cream, the Board is net bound by any rule of law or 'Of public utility practice to see that any rate of return is provided on any plant, equipment or investment. 4. The Board has jurisdiction, upon its own initiative 'Or upon complaint in writing, to inquire into any matter re lating to the production, processing, supplying, distributi'On or sale within the Prevince of milk or cream. 5. Where the regulations require the licensing of persons or class of persons, the Board may in its discretion refuse to license any person or suspend or cancel any licence issued by it. 2

6. Report of op2rations.

Section l05a. 7. Powers of inspector.

Section l05b. 8. This

section gives the Board powers equivalent to those given it by 'section 117 in relation to public utilities. 3

6. The Board may from time to time require a person licensed pursuant to the regulations under this Act to sub mit to the ~oard at ?r within such time as it may direct a report on hIS operatIOns or any part thereof in such form and containing such information and ve~ified in such manner as the Board may require. 7. An inspector or officer of the Board may, for the pur poses of this Act or the regulations, (

a) enter and inspect any place, building, plant or pro perty other than a dwelling house, (

b) stOoP and search any vehicle and inspect any pack age or container if, in his opinion, the vehicle is being used for the purpose of transporting or dis tributing milk or cream, (

c) require the production of any books, records or accounts that are required by the regulations to be kept by a licensee, and (

d) take such quantities of any lot of milk as may rea sonably be required for the purpose of analysis. 8.

(1) The Board may take such steps and employ such persons as are necessary for the enforcement of any order made by it, and for the purposes thereof may (

a) forcibly or Ootherwise enter upon, seize and take pos session of the whole or part of the movable and im movable property of a licensee, together with the books and offices thereof, and (

b) until the order has been enforced, assume and take over the management of the undertaking for and in the interests of the shareholders and the public, and all or any of the powers, duties, rights and functions of the directors and officers of the undertaking in all respects, including the employment and dismissal of officers and servants thereof, for such time as the Board continues to direct the management.

(2) Upon the Board taking possession of any under taking, every officer and employee of the licensee shall obey the orders of the Board or Oof such person or persons as it places in authority in the management of any or all departments of the undertaking.

(3) The Board may, upon taking possession of an under taking, determine, receive and payout all moneys due to or owing by the licensee, and give cheques, acquittances and receipts for moneys to the same extent and as fully as the proper officers thereof could do if no such possession had been taken.

(4) The costs and expenses of and incidental to proceed ings to be taken by the Board under this

section are in the discretion of the Board, and the Board may direct by whom and to what extent they are to he paid. 3

9. Penalties for sale below mmilmum price.

Section 107. The minimum fines in clauses (a) 'and (

b) are $25. and $50. respectively in the present Act and now correspond with those in se'Ction 11. 10. Sale below minimum price.

Section 108. If. Penalties.

Section 109. 12. Evidence.

Section l09a. 4

9. A perSQn whQ sells 'Or 'Otherwise disPQses 'Of any CQm mQdity, in respect 'Of which a minimum price has been pre scribed by the regulatiQns made under this Act, at a price lnwer than the minimum price soo prescribed is guilty 'Of an 'Offence and liable UPQn

summary cQnvictiQn, (

a) fQr a first 'Offence, tQ a fine nf nnt less than fifty dollars nQr mQre than twQ hundred and fifty dol lars fQr every day during which any cQmmQdity has been soo prQduced 'Or distributed 'Or kept fQr s,ale 'Or SQld by him, and in default 'Of payment tOo im prisQnment fQr a term 'Of nQt mQre than three mQnths, and (

b) fQr a secQnd 'Or subsequent 'Offence, tQ a fine nf nQt less than 'One hundred dQllars nQr mQre than five hundred dQllars fQr every day during which any cQmmQdity has been SQ prQduced 'Or distributed 'Or kept fQr sale 'Or SQld by him, and in default 'Of pay ment tQ imprisonment fQr a ter'm 'Of not mQre than six mQnths. 10. Where a minimum price has been fixed in respect 'Of a cQmmQdity and upon the sale thereQf (

a) any discQunt 'Or rebate, either in mQney 'Or in kind, is all nwed, 'Or (

b) any plan, system 'Or device is used whereby any advantage 'Of any kind, whether in mQney, gnQds, services 'Or otherwise, accrues tQ the purchaser either directly 'Or indirectly, and whether as a term 'Of the sale 'Or cQUaterally 'Or incidentally, soo that the price fQr the cQmmQdity is in effect reduced tQ less than the minimum price fixed in respect 'Of it, the sale so m1ade shall be deemed tQ be a sale at less than the minimum price. 11. A perSQn whQ CQntravenes any prQvision 'Of any 'Order 'Or regulatiQn made by the BQard pursuant tQ this Act is guilty 'Of an 'Offence and liable UPQn

summary cQnvictiQn (

a) for a first 'Offence tQa fine 'Of not less than fifty dollars nor mQre than tWQ hundred and fifty dollars and in default 'Of payment tQ imprisQnment fQr a term 'Of nQt mQre than three mQnths, and (

b) for a secQnd 'Or subsequent 'Offence tQ a fine 'Of nQt less than one hundred dQllars nQr mQre than five hundred dollars 'Or in default 'Of payment tQ impri sQnment fQr a term 'Of nQt mQre than six mQnths, and in any case, either in lieu 'Of 'Or in additi?n tQ a fine, tQ imprisQnment fQr a term of nQt mQre than SIX mQnths. 4 12.

(1) In a prQsecution fQr an 'Offence under this Act, (

a) the descriptiQn 'Of a cQmmodity purporting tQ be milk 'Or cream 'On a cQntainer 'Or 'On the cap 'On a

i 3. Analyst's report as evid'ence,

Section 109b. i4. Costs of enforcement.

Section 112. 5

container shall be admitted in evidence as prima facie proof O'f 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 Aot, 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 approximately 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 con tents so indicated on the container or cap. 1,3.

(1) In a prosecution for an offence under this Act, the certificate or report signed or purporting to be signed by an analyst relating to the analysis or ingredients 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) The expenses of the analysis shall be part of the costs of the proceedings.

(3) In this

section "analyst" means an analyst appointed under The Dairymen's Act or the Food and Drugs Act (Canada) . 14.

(1) The costs incurred or to be incurred in the en forcement of the regulations and the administration of them with respect to controlled areas, 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 prO'ducers in such areas and by persons licensed as milk or cream distributors who market, distribute, process, keep for sale or sell in such areas milk and cream or either of them in liquid form.

(2) For the purpose of defraying (

a) the portion of the costs required to be paid pur suant to this

section by persons engaged in the pro duction, marketing, distribution, processing, keep ing for s,ale or selling in controlled areas of milk and cream in liquid form and whO' are so licensed by the BO'ard, (

b) the cost of such O'ther activities as the Board deems necessary or expedient for the proper conduct of the milk or cream trade in any controlled areas, and 5

15. Recovery of assessments.

Section 113. 16. Surplus revenues.

Section 114. 17. Application of

Part I of The Public Utilities Board Act. 18. Continuation of regulations, orders and licences under The Public Utilities Board Act. 19. Consequential amendments to The Public Utilities Board Act. 6

(

c) without in any way limiting the generality of the foregoing, sums sufficient to cover the cost of gen eral advertising for the milk or cream trade, cost surveys and special invest.igations, the Board m'ay, from time to time as occasion requires, raise sums sufficient therefor by means of assessment and levy upon the persons mentioned in clause (

a) in such manner and in such amounts as may be fixed by the Board. 15.

(1) Every person referred to in

section 14 shwll on demand pay to the Board on behalf of the Crown the amount of the sum or sums so assessed and levied, and the Board may recover any sum so assessed and levied by action brought by the Board in the name of the Crown as a debt due to the Crown.

(2) AN sums collected under this

section shall be paid to the Provincial Treasurer and kept by him in a special trust account subject to subsection (3) and

section 16 and shall be used for the purposes mentioned in

section 14.

(3) The Board may determine whether any expenditure made from the moneys in the special trust account is to be classified as an expense of enforcement or of administra tion referred to in

section 14, or as an expense for purposes other than enforcement or administration. 16. Any moneys raised by the Board by assessment and levy under this Ac!t and not required for the purpose of en forcement or administration as determined by the Board shall on the thirty-first day of March in each year be trans ferred by the Provincial Treasurer to a reserve trust account, and those moneys, together with accumulated reserves from year to year, may be used for any purpose that the Board considers necessary or expedient in any matter relating to the proper conduct of the milk or cream trade in any controlled areas. 17. All the provisions of

Part I of The Public Utilities Board Act apply and have effect as if they formed part of this Act. 18.

(1) All regulations and orders made pursuant to Division 5 of

Part II of The Public Utilities Board Act remain in force until they are revoked or others made in their stead.

(2) All licences issued under the regulations made pur suant to Division 5 of

Part II of The Public Utilities Board Act and in force on the commencement of this Act shall be deemed to be licences issued pursuant to this Act. 19. The Public Utilities Board Act is amended 6

20. Commencement of Act. 7

(

a) as to

section 28, subsection (1) by striking out clause (i), and (

b) by repealing Division 5 of

Part II. 20. This Act comes into force on the first day of July, 19166. 7

No. 54 THIRD SE8SION FIFTEENTH LEGISLATURE 14 ELIZABET'H II 1966 BILL

An Act respecting the Sale of Milk and Cream Recei ved and read the First time ......................................... . Second time ..................................... . Third time ....................................... . HON. MR. HOOKE Title: 1966 (15th, 3rd) Bill 54,

An Act respecting the Sale of Milk and Cream

Document details

Collection	Alberta — Bills
Citation	L15 S3 1358
Type	bill
Volume / chapter	L15 S3 1358
Language	en
Format	json
Source	PROVINCIAL
Identifier	6d9f45f7d613a7db8095ede5f194eadf1179f013

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