Bill 111 — An Act To Amend the Milk Control Act (Legislature 16, Session 4)

L16 S4 4948

Alberta — Bills

1971 BUl111 Fourth Session, 16th Legislature, 20 Elizabeth II THE LEGISLATIVE ASSEMBLY 0]£ MOOJm(['A BILL 111

An Act to amend The Milk Control Act THE MINISTER OF AGRICULTURE First Reading ............ . Second Reading ............................ . Third Reading ............................. . Printed by L. S. Wall, Queen's Printer, Edmonton

BILL 111 1971 AN A:CT TO AMEND THE MilK CONTROL ACT lllssented to , 1971) HER MAJESTY, by 'and with the 'advice and consent of the Legislative Assembly of A'libe-rta, ena'Cts aJS follows: 1. The lI!filk Control Act is hereby amended.

Section 3 is amended by striking out subsection (1) and by sUbstituting the following: 3.

(1) There is hereby 'constituted a 'Corporation with the name "Alberta Milk Control Board" consisting of not more tlhian three members. 3 The following sections are added after

section 28: 29.

(1) The Milk Board, with the approval of the Lieuten ant Governor in Council but subject to

section 32, may make regulations :for the establishment and operation 'Of a plan for regulating the marketing locally within Alberta of milk.

(2) Without restrkting the generality 'Of subsection (1), the regulations (in this subsec,tion :called "the plan") may (

a) dassify producers and processors of milk into groups for the purpose.s 'Of the p,l1an; (

b) provide :for the marketing of milk on a quota basis; (

c) provide for the fixing and a~llotting to persons of quotas for the m'arketing of milk on such basis as the Milk Board considers proper; (

d) prescribe the terms wrrd 'conditi'Ons upon which a person may market milk in excess of the quota fixed and allotted to him; (

e) govern the adjustment, reduction, transfer cancel lation or suspension of quotas fixed and allotted pursuant to the plan; (

f) prescribe the rights and durbies of milk producers and processors under the plan; (

g) pr'Ovide for the frixing, imposing and collecting by the Milk Board ,of levies, charges, fees or assess ments for ifue proper 'Operation of the plan;

Explanatory Notes I. This Bill amends

chapter 234 ofbhe Rev]s,ed Sitatutes of Alberta 1970.

Section 3 ( 1) presently reads: ~.

(1) There shaU be a Iboard to be known as the Alberta Milk Control Board, consiS'Ung of not m,ore than three members, with the powers and duties herein .specified. The amendmenrt ereates the Bowd als a corpo,ration. 3. The new sec,tions 29 to 35 will enable the Alberta Milk Control Bocwd to 'opera!t'e a comprehensive milk market-sha ,rill1:g pklln in the evenrt IthJ3It 'reguLa:tory powers 'Cllre graJnted to it under federal legislation in order thalt the pLan can embrace both malrketing wi,thin Alberta and int'erprovinciaJ ma'I'keting ]n milk.

The pl'an would es:sen6aHy involve a maJrketing quota system with levies 'OT charges fnr deliveries in exce51S of quotas. No p}aJn of Ithis bnd 'could be eSltlablished ini,tially unless the producers voted in favouT of it by way of a vote under the prro po'sed

section 32. SecUon 33 ,allows for the termilna tion of a milk markehng plan aJnd requi!res ,termmrution of a pIlan where Ithe producers vote in fa'Vour of the termination.

Section 34 allows fOIr a V10tte of the producers ,on any queSitiOl11 fOT the purpose of giv1ng :their 'Opinion to the Government on the question.

Section 35 deals with Ithe procedures for a v'Olte.

(

h) prescribe that lioensed p~ocessors are appointed as agents IOf the Mi'lk Board tocol;lec.t :and retain from payments made to prodiuce:rsl formi:lk, 'and to remit to the Millk Board, any levies, ~harges, fees or assessm,ents fixed and imposed pursuant to clause (g) ; (

i) empower the M'ilk Board rbo enter into an agreement with any person whereby that person agrees to provide any services for or on !belhalf of the Milk Board in rConnection with the oper,ati.on of the p,lan, iiJlJduding tJhe ma'intaining lof reoords relating to ,the !pl,an and the admin1istration of the aiUotment, 'aJdijustment, reducrbion, tralnsfer, !(~lance'lil!ati'On or suspension of quotas in accordance with the plan and the dire'ctions of the Mtlk Board, in Cionsidera tion of 'the remuner:ation specified in the agreement; (

j) establish -a committee and ·00nfer or impose 'On it any plOwers and duties of an advisory or administra tive nature as m-ay be necessary in 'connecti'On with the operation of the plan; (

k) preseribe the remuneration payable to m-embers of a Icommittee eSltablislhed pursuant to clause (j) ; (1) provide for any ofuer matter 'in connection with or incidental to the estab1ishm-ent or operation of the 'Plan. 30.

(1) The Milk Board m,ay, wi;tJh the approval 'Of the Lieutenant Governor in GouncH but subj ect to

section 32, la0cept and ,exercise any "authority or powers granted to the Milk Board pursJU'ant to the AgI'iioU'ltural Products Market ing Act (CanaJda), as a;mended from ,time to time, 'Or any other ACJt of 1jhe Parliament 'Of Canada enacted hefore or after ,the commencement of this section.

(2) Where the MHk Board has accepted lany 'authority Dr powers pursuant to. subsection (1), the MHk Bo~rd may, with the app.roval of the Lieutenant Governor in Co.uncil, enter into. an agreement lOr larrangement withtJhe Canadian Dairy Commission lOr any -marketing bo.ard incorporated by the Plarliament of Can1ada under whi,dh the Milk Bo.ard agrees to pay to that Gommsision 'Or marketing board any moneys eol:le0ted by the Milk Bo.ard pursuant to the regulatio.ns under

section 29 or in the exercise of any authority or powers referred to in subselCtion (1). 31.

(1) In this

section and sections 32 and 33, '~compre hensive milkmark'eting pilan" means a pl'an fo.r regulating the marketing of milk 'in accoDaance with ana'greement 'Or agreements entered into by federal and provincial aJUthori,ties.

(2) The Milk EoaDd 'may, with the authorization .of the :Lieutenant Governor in Council hut subject to. secti.on 32, beicome 'a party to. aoomprehensive mHk marketing plan to which the Canadian Dairy Commissio.n is also a party. 2

(3) Where the Milk Board becomes a party to a compre hensiive m'ilk marketing pllan, (

a) the MHk Board may exerdse and perform the powers and duties conferred or imposed on it by the regulations under

section 29 for the purposes of the operation of the compr~hensive milk marketing plan; (b) ,the Lieutenant Governor in Council may confer on the Milk Bo'ard any additional powers ,that are necessary for the MHk Board to 0arry out its obLga mons and functions under the comprehensive milk marketing plan; (

c) without restricting the genera:lity of clause (b), the Lieutenant Governor in Coundl m'ay authorize the Milk Board to pay moneys coUe0t€d by it pur suant to the regulations under se-ctLon 29 or in the exercise of any authority or powers referred to in

section 30, subselction (1) to ,the Canadian Dairy Commission or ,any other marketing board or agency in Canada in order to carry out any ohliga ti'Ons of the Milk Board under the compr~henslve milk marketing pl'an in that behalf. 32. The Lieutenant Governor in CouncE shall not (

a) estab11ish a plan under

section 29, or (

b) give an approval under s,eotJ'On 30, subsection (1), or (

c) give an authorization under secti'On 31, subsedion (2) ; unles,s a vote of the producers has heen eonducted in accord ance with seetion 35 on the question 'Of whether the plan should be estahlisihed or the approval or author'ization given, and, subject Ito subsection (2), clause (f), unless the ma jori ty 'Of the eligible producers regis,tered under

section 35 Vlote in flavour of the plan being established or the approval or authorizafion being given. 33.

(1) The Milk Board (

a) may rescind its regulations under s:eetion 29 sub ject to the approvall of the Lieutenant Governor in Council,and (

b) shaH rescind its regulations under

section 29 if a vote 'Of the producers 'has been eonducted in ac {~ordance with

section 35 ,on the questi'On of whether the regul1ati'Ons should be resdnded,and subject to

section 35, subs,ection (2), clause (f), if tlhe ma jority 'Of the eligible producers registered under secHon 35 vote in favour of rescinding the regula tions.

(2) The Milk Board shall cease to exercise the authority and powers a:ccepted by it under

section 30 3

(

a) if it i,s directed to do so by the Lieutenant Governor in Council, lOr (

b) if a vote of the producers has he en c'Onducted in 3.locor'dance with

section 35 on the question of Wh,ether the Milk Board shou'ld eease to exercise such 'authority and plOwers and, subject to

section 35, subsection (2), dause (f), the majority of the eli~ihle producers registered under sectiton 35 vote in favour of 1fue Milk Board ceasing to exercise SUM 3JutJhority and plOwer. (3) 'Dhe Milk Board shaH withdraw from a compre hensive milk marketing plan (

a) if it is directed to do s.o by the Lieutenant Governor in C.ounc'il, lOr (

b) if a vote IQf the producers has been conducted in acoordance wi,th sectilOn 35 .on the question of wherbher the Mi,lk Board should withdraw from the ,comprehensive milk marketing plan, and, ,subject to Is'ecrtion 35, subsectilOn (2), dause (f), if the ma jority of ,the eligible producers :registered under

section 35 vote in favour of the withdrawaL

(4) A vote shall be held under subsection (1), (2) or (3) only 'On the petition to the Milk BlOard 'Of at least 10 per oent 'Of the produce,rs then licensed by the M'Hk Board.

(5) The powers and dutie$ of the MHk Board under this

section may only be exerdsed .or perf'Ormed subject to the .obligations IOf ,the Milk Board under a comprehensive milk marketing plan to w'hiClh it is tlhen a party with respect to withdrawal fr.om 'the plan Dr 'Otherwise. 34. The Lieutenant Governor 'in Goun0H may order that a vote 'Of ,the producers be oondructed in 3.locordance with secti.on 35 on any question pert,adning to (

a) section 29 or the regulations thereunder, 'Or (

b) the exercise by ,the Milk BlOard 'Of any authority or powers referred to in

section 30, .or (

c) a comprehensive milk marketing plan, for the purpose of obtainjng the opinion Qf the p,roducers on the question. 35.

(1) This

section applies tD a vDte oonducted pur suant to

section 32, 33 or 34. 4

(2) The Lieutenant Governor in Council may by order (

a) designate the Milk Boa:rd or some other person to ,oonduct the vDte, (

b) require registration with the Mi.Jk Board or other persQnconducting ,the vote as a conditi.on precedent to obtaining a baHQt or being entiitled to vote,

(c) 'Preser:ibe the requirements a.s to the eligibJity of producers Ito regIster under da:us-e (b), Cd) prescribe the' minimum number 'of registrations re quired under damse (

b) before the vote can be taken, (

e) prescribe a registration fee pay a:bleto the Milk B'Oard 'Or other person >conducting the vote, (

f) require that the producers slO'registered must repre sent a sufficienrt portion of the milk produced in .Nlberta land may for that purpose determine what 'oonstitutes a suffieient portion of thwt milk, (

g) prescribe rules as to the manner of conducting the vote, Ch) determine the form of the question or questions and the form oftJhe ballot, (

i) preslcribethe information that must be supplied to each registered voter with his ballot by wa:y of ex planation of the ques1tions to be voted on, and (

j) provide for any other matter in oonnecltion with the -conduct of the vote.

(3) An order under subsection (2) 'and a notice of the result of a vote 00nducted under this seCition shall be pub lished in The AlbeTta Gazette. 4. This Act comes into force on the day upon which it is assented to.

5 Title: 1971 (16th, 4th) Bill 111,

An Act to amend The Milk Control Act

Document details

Collection	Alberta — Bills
Citation	L16 S4 4948
Type	bill
Volume / chapter	L16 S4 4948
Language	en
Format	json
Source	PROVINCIAL
Identifier	7f16384773ba75efd97db0b2f874ade0de721c21

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