British Columbia Order in Council — Order under Natural Products Marketing (BC) British Columbia Mushroom Scheme approved (O.C. 309/2001)

O.C. 309/2001

British Columbia — Orders in Council

PROVINCE OF BRIT ;SH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. 309 , Approved and Ordered MAR 3 0 2001 • Lieutenant Governor Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the British Columbia Mushroom Scheme, B.C. Reg. 153/66, is repealed and the British Columbia Mushroom Scheme attached to this order is made. Minister of Agriculture, Food and Fisheries and ing Member of the Executive Council Minister Responsible for Rural Development (This

part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section:- Natural Products Marketing (BC) Act, R.S.B.C. 1996, c. 330, sections 2, 12 and 22 Other (specify):- OIC 2265/66 March 13, 2001 414 /2001/37/jh

BRITISH COLUMBIA MUSHROOM SCHEME Contents Division 1—

Interpretation 1

Definitions Division 2 — Purpose and Application 2 Purpose of the scheme 3 Application of the scheme Division 3 — Name and Constitution of the Commission 4 Continuance and membership of commission Division 4 — Powers of the Commission 5 Powers of the commission 6 Repeal Division 5 — Registration of Growers 7 Register of producers Division 1 —

Interpretation

Definitions 1 In this regulation and in any orders or rules made by the commission, unless the context otherwise requires: "Act" means the Natural Products Marketing (BC) Act; "allocation" means the maximum quantity of a regulated product, or of any class, quality or grade of the regulated product, that may be transported, packed, stored or marketed for any purpose as determined by the commission; "commission" means the British Columbia Mushroom Marketing Commission authorized to administer the scheme; "marketing" includes buying, selling, shipping for sale or storage, and offering for sale, and in respect of a natural product includes the transportation of the natural product in any manner by any person; "person" includes any partnership, firm or corporation; "producer" means a person who owns or leases a facility that the person operates for the production of the regulated product; "Provincial board" means the British Columbia Marketing Board established under the Act; "regulated product" means mushrooms grown in British Columbia.

Division 2 - Purpose and Application Purpose of the scheme 2 The purpose of the scheme is to promote, control and regulate, under the authority of the commission and subject to the direction of the Provincial board, the transportation, packing, storing and marketing of the regulated product. 1 of 5

Application of the scheme 3 The scheme applies to (

a) all persons who produce, transport, pack, store or market the regulated product, and (

b) all kinds and grades of the regulated product. Division 3 — Name and Constitution of the Commission Continuance and membership of commission 4

(1) The British Columbia Mushroom Marketing Board, continued under B.C. Reg. 153/66, is continued under this regulation as the British Columbia Mushroom Marketing Commission.

(2) The head office of the commission must be at a place in British Columbia.

(3) The commission consists of not more than 5 members to be appointed by the Lieutenant Governor in Council.

(4) The Lieutenant Governor in Council must designate one of the members as chair of the commission.

(5) The commission may (

a) determine the practices and procedures to be followed for the purposes of its proceedings, (

b) conduct all or any part of its proceedings in public or in private as the commission sees fit, and (

c) receive and consider evidence without disclosing it to a party to the proceedings, or impose on a party terms respecting access to and use of that evidence, to the extent it considers necessary to do one or both of the following: (

i) to protect confidential business records or confidential business information respecting a party or witness from disclosure to compet- itors; (ii) to protect personal or medical information about a party or witness from public disclosure. Division 4 — Powers of the Commission Powers of the commission 5

(1) The commission has all the powers of a body corporate.

(2) The commission has power within British Columbia to promote, control and regulate in any respect or in all respects the transportation, packing, storing and marketing, or any of them, of the regulated product, including the prohibition of such transportation, packing, storing and marketing, or any of them, in whole or in part, and, without limiting the generality of the foregoing, the commission has the following powers: (

a) to regulate the time and place at which, and to designate the agency through which, any regulated product must be packed, stored or marketed; 2 of 5

(

b) to determine the manner of distribution, the quantity and the quality, grade or class of the regulated product that must be transported, packed, stored or marketed by any person at any time; (

c) to prohibit the transportation, packing, storing or marketing, in whole or in part, of any grade, quality, or class of any regulated product and to determine the charges that may be made for its services by a designated agency; (

d) to exempt from any determination or order any person or class of persons engaged in the production, transportation, packing, storing or marketing of the regulated product, or any class, variety or grade of regulated product; (

e) to require any or all persons engaged in the production, transportation, packing, storing or marketing of the regulated product to register with and obtain licences from the commission; (

f) to establish, issue, permit disposition of, revoke or reduce allocations to any person as the commission in its discretion may determine from time to time, whether or not the same are in use, and to establish the terms and conditions of the issue, revocation, reduction and disposition of allocations, but such terms and conditions do not confer any property interest in the allocations, and such allocations remain at all times within the exclusive control of the commission; (

g) to fix and collect yearly, half-yearly, quarterly or monthly licence fees from any or all persons producing, transporting, packing, storing or marketing the regulated product, and for this purpose (

i) to classify those persons into groups and fix the licence fees payable by the members of the different groups in different amounts, (ii) to fix and collect from those persons fees for services rendered or to be rendered by the commission, and (iii) to recover any licence fees by suit in any court of competent juris- diction; (

h) to cancel any licence for violation of any provision of the scheme or of any order of the commission; (

i) to require full information relating to the production, transportation, packing, storing and marketing of the regulated product from all persons engaged therein, and to require periodic returns to be made by those persons, and to inspect the books and premises of those persons; (

j) to fix the price that must be paid for the regulated product, or a grade or class of the regulated product, by a designated agency, subject to the supervision of the Provincial board with respect to the method used to fix the price; (

k) to authorize any marketing agency appointed by the commission under the scheme to conduct a pool or pools for the distribution of all proceeds received from the sale of the regulated product and to require any marketing agency so appointed to distribute the proceeds of sale, after deducting all necessary and proper disbursements, expenses and charges, in a manner so that each person receives a share of the total proceeds in relation to the 3 of 5

amount, variety, size, grade and class of the regulated product delivered by that person, and to make payments until the net proceeds are distributed; (1) to require the person in charge of any vehicle in which the regulated product could be transported to permit any member or employee of the commission or any police constable to search the vehicle; (

m) to seize and dispose of any of the regulated product kept, transported, packed, stored or marketed in violation of any order of the commission; (

n) to use any moneys received by the commission to carry out the purpose of the scheme and pay the expenses of the commission; (

o) for the purpose of ascertaining whether the orders and rules of the commission are being complied with, to inspect the books, accounts, records and documents of a grower or any person transporting, packing, storing or marketing a regulated product, and to require that grower or person to produce those books, accounts, records and documents for inspection and give assistance or information as may be required; (

p) to fix the remuneration of the employees of the commission and, subject to any authority vested in the Provincial board in this regard, to fix the remuneration of the chair and other members of the commission; (

q) to amend or rtwoke any order or rule at any time; (

r) to delegate its powers to an extent and in a manner as the commission may, from time to time, deem necessary or advisable for the proper operation of the scheme, provided that this paragraph does not permit the delegation by the commission of the powers contained in paragraphs (e), (

g) and (

h) of this section; (

s) to make orders, each one of which is effective as soon as it is signed, and no publication or other notice of the order is required; (

t) to establish quality standards for the regulated product; (

u) to carry out advertising, educational and research programs; (

v) the powers set out in

section 11 (1) (o) (i), (ii) and (

v) and

section 11 (1) (

v) of the Act. Repeal 6 Division 4 is repealed on March 31, 2004. Division 5 — Registration of Growers Register of producers 7 ( 1 ) The commission must keep at its head office a register, and must cause to be entered in the register the name and address of every producer who applies and is qualified to be registered under the scheme. lid 5

(2) The commission may revise the register from time to time, and before removing the name of any producer from the register must cause a notice to be mailed to the producer at the producer's last known address advising the producer of the commission's intention to remove the producer's name. 5 of 5

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 309/2001
Type	order_in_council
Volume / chapter	arc oic 0309 2001
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	7edb346c6a9c8ea09589a909794d7e11db755b8a

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