Bill 94 — First Session, 17Th Legislature, 21 Elizabeth Ii the Legislative Assembly of Alberta Bill 94 the Marketing O·F Agricultural Products Amendment Act, 1972 (Legislature 17, Session 1)

L17 S1 5075

Alberta — Bills

1972 Bill 94 First Session, 17th Legislature, 21 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 94 The Marketing o·f Agricultural Products Amendment Act, 1972 THE MINISTER OF AGRICULTURE First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading ...... . Third Reading .............................. . Printed by L. S. Wall, Queen's Printer, Edmonton

BILL 94 1972 THE MARKETING OF AGRICULTURAL PRODUCTS AMENDMENT ACT, 1972 (Assented to , 1972) HER MAJESTY, by and with the adv'ke a.nd consent of the Legislative Assembly of Alberta, enacts as follows: 1. The Marketing of Agricultural Products Act is hereby amended.

Section 2 is amended (

a) by striking out clause8 ( a) , (

b) and (

c) and by substituting the following: (a) "agricultural product" means (

i) any hogs, cattle, sheep, wool, vegetables, po tatoes, honey, cheese, commercial grass, le gume seed, feed grains and oil seed and in cludes any product resulting from process ing while the processed product is owned or controlled by the producer or a producer board, and (ii) any poultry, eggs or poultry or egg pro duct including any product resulting from processing; (b) "the Canada Act" means (

i) the Farm Products Marketing Agencies Act (Canada), or (ii) the Agricultural Products Marketing Act (Canada) or both of them, as the case may be, as amend ed from time to time; (c) "Canada Board" means (

i) the National Farm Products Marketing Council or any agency established pur suant to the Farm Products Marketing Agencies Act (Canada), as amended from time to time, or

Explanatory Notes I. This Bill will amend

chapter 225 of the Revised Statutes of Alberta 1970.

Section 2, clauses (a), (b), (c), (h), (

i) and (

k) presently read: 2.

In this Act, (a) "agricultural product" means any p'oultry, poultry products, hogs, cattle, sheep, wool, vegetables, potatoes, honey, cheese, commercial grass and legume seed and includes any product re sulting from pllocessing while the processed product is owned or controlled by the producer or a producer board; (b) "Canada Act" means the Agricultural Pl'oducts Marketing Act (Canada), and aU amendments thereto or any Act passed by the parliament of Canada in substitution therefor; (c) "Canada Board" means the Governor in Council; (h) "plan" means a plan established under this Act for the control, regulation and promotion within the Province of the marketing of an agricultural product; (i) "proce:ssing" means changing the nature or form of an ag ricultural product and includes, in the case of animals, the killing thereof; (k) "regulated product" means any agricultural product the market ing of which is regulated, controlled or promoted by or pur suant to this Act.

(ii) the Governor in Council, as the case may be; (

b) by striking out clause (

h) and by substituting the following clause: (h) "plan" means a plan and amendments thereto established under this Act for the control, re gulation and promotion within Alberta of the marketing of an agricultural product; (

c) as to clause (

i) by adding at the end thereof the words ", and in the case of eggs, the grading and packing thereof", (

d) as to clause, (

k) by adding after the word "con trolled" the word ", prohibited".

Section 4, subsection (1) is amended by striking out the words "and not more than seven persons".

Section 6 is amended (

a) as to subsection (2) by adding to the end thereof the words "and may pay them such travelling and subsistence allowances as the Council considers ne cessary", (

b) as to subsection (3) by adding to the end thereof the words "and may pay them such travelling and subsistence allowances as the Council considers ne cessary". 5. The following

section is added after

section 9: 9.1 The Council may make regulations generally or with respect to any agricultural product requiring any person who produces, processes or markets an agricultural product to furnish to the Council from time to time such informa tion as the Council considers necessary. 2

Section 10, subsection (1), clause (

a) is amended (

a) by adding the following subclause after subclause (i) : (i1) to direct, control or prohibit, by order or direc tion, the marketing of poultry and eggs and poultry and egg products including any product resulting from processing at the wholesale or processor levels,

Section 4, subsection (1) presently reads: 4.

(1) There is hereby estabHshed a 00rporation with the name of the Alberta Agricultural Products Marketing Gouncil which shall consist of not less than three persons and not more than seven persons ap pointed by the Lientenant Governor in C'Ouncil.

Section 6, subsections (2) and (3) presently read: (2) 'l'he Council may establish an advisory committee to advise it with respect to the productIon, marketing and promotion of any reg ulated product, which shall, as far as is conveniently possible, be rep resentativeof the persons engaged in the production and marketing of the regulated product.

(3) The Council may require the establishment, in connection with any plan under

section 7, ro,f advisory committees that may be em powered to advise and. make recommendations to a producer board with respect to the production, marketing and promotion of the pro duct that is to be regulated. 5. Power to make regulations to obtain information concerning agricultural products. G.

Section 10, subsection (1), clause (a), subclauses (

i) to (

v) and (ix) presently read: 2 10.

(1) The Council may make regulations vesting in any producer hoard any powers that the Council considers necessary or advisable to enable the producer board effectively to promote, regulate and con ll'ol the marketing 'of the regulated product within the Province, and without limiting the generality of the foregoing, may make regulations (

a) vesting in any pr'Oducer board any or all of the following powers, namely, (

i) to direct and control, by order 'Or direction, either as princi paloI' agent, the marketing of the regulated product. in cluding the times and places at which the regulated product may be marketed, (ii) to determine the quantity 'Of each class, variety, grade and size of the regulated product that shall be marketed by each producer, (iii) to prohibit the marketing of any class, variety, grade 'Or size of the regulated product, (iv) to determine from time to time the price or prices that shaH be paid t'Oo producers for the regulated pro,duct or any class, variety, grade or size of the regulated prQduct and to determine different prices for different parts of the Province, (

v) to fix and imp'ose service charges from time to time f'Or the marketing 'of the regulated pl'oduct, (ix) to pay for service charges imposed under subclause (

v) its expenses in carrying out the purposes of the plan, and

(

b) as to subclause (

v) by adding to the end thereof the words "and the recovering of service charges by suit in a court", (

c) by adding the following subclause after subclause (iv) : (ivl) to set from time to time minimum and maxi mum prices, or either, at which poultry and eggs and poultry and egg products including any product resulting from processing or any variety, class or grade thereof may be sold by a producer, wholesaler or processor, (

d) as to subclause (ix) by striking out the word "for" and by substituting the word "from". 7. The following sections are added after

section 10: 10.1

(1) For the purpose of this

section and

section 10.2, "board" n1eans the Alberta Egg and Fowl Marketing B0ard.

(2) For the purpose of determining the number of eggs a producer has marketed during any period, the Council may make regulations (

a) establishing a formula for determining the number of eggs deemed to have been marketed by a producer from the number of chicks or started pullets re ceived by that producer from a hatchery man, and (

b) establishing the period upon which the formula es tablished pursuant to clause (

a) is to be based.

(3) The board may, in accordance with the regulations, determine the number of eggs deemed to have been market ed by a producer.

(4) Where the board makes a determination pursuant to subsection (3), it shall by notice in writing to the producer specify, (

a) the determination made by it of the number of eggs deemed to have been marketed by the producer, and (

b) the service charge payable by the producer in re spect of the eggs deemed to have been marketed by him.

(5) Where a producer objects to the determination and the service charge, the producer may within 30 days of re ceipt of the notice, apply to the board for a reduction of the determination and the service charge payable.

(6) Where a producer establishes to the satisfaction of the board, upon an application pursuant to subsection (5), that 3

7. Establishes a method of determining service charges payable by egg producers. 3

(

a) he did not receive from a hatchery man the number of chicks or started pullets which was used in establishing the number of eggs he was deemed to have marketed, or (

b) he did not market the number of eggs he was deemed to have marketed pursuant to the regula tions, the board shall reduce the determination and the service charge payable in accordance with (

c) the nun1ber of eggs determ.ined by the board to have been actually marketed by the producer, or (

d) the number of eggs determined by the board to have been deemed to have been marketed in accordance with the regulations, based on the evidence sup plied by the producer, whichever is the lesser.

(7) Subject to subsection (8), where the board determines that a service charge is payable, the service charge there upon becomes a debt due and owing to the board.

(8) Where a producer is not satisfied with a decision of the board, he may appeal in writing to the Council for a re duction in the determination and the service charge in accor dance with

section 26.

(9) Nothing in this

section precludes the board from assessing a producer the service charges on the actual eggs marketed by the producer where the evidence is available.

(10) The Council may delegate its power to make regula tions under this

section to the board. 10.2 A service charge payable pursuant to

section 10.1, or where there is an appeal to the Council, a service charge payable pursuant to a decision of the Council under

section 26 is a debt due to the board by the producer and may be recovered by the board as such. 8. The following

section is added after

section 11: 11.1

(1) Where a producer board has reason to believe that any person is keeping, transporting, packing, storing or marketing any regulated product in contravention of any of its regulations, the producer board may apply to a judge of the Supreme Court for an order directing a sheriff to seize, detain and dispose (or anyone or more of them) of the regulated product in accordance with the order.

(2) An application under this

section may be made upon notice to the other party, unless the judge permits it to be made ex parte.

(3) The judge may make such order as to costs, disburse ments, and proceeds of sale in respect of an order under this

section as he thinks fit. 4

8. Power given to producer boards to apply for an order em powering a sheriff to seize, detain and dispose of regulated product pursuant to an order of a judge. 4

( 4) No prod licer board shall seize, detain or dispose of a regulate? product keI?t, transported, packed, stored or marketed In contrav~ntlOn of any re?,ulati?n of the pro ducer board, except In accordance wIth thIS section. 9. Sections 12, 13 and 14 are struck out and the follow ing sections are substituted: 12. (1) 'iVhere a plan has been established under sec tion 7 or

section 18, a petition may be presented to the Council at any time thereafter to amend or terminate the plan.

(2) The persons entitled to sign the petition are those producers who are (

a) registered producers, as that expression is defined in the plan governing the operation of the producer board or con1mission, or (

b) where the plan governing the operation of the pro ducer board or commission does not define the expression "registered producers", those producers who have marketed the regulated product the sub ject of the plan at any time within the period of 18 months prior to the date that the petition is received by the Council.

(3) A petition is of no effect unless it is signed by at least 10 per cent of the persons entitled to sign the petition. 13. Notwithstanding

section 12, the Lieutenant Gover nor in Council may, from tin1e to time and at any time, order the Council to hold a plebiscite of (

a) registered producers, as that expression is defined in the plan governing the operation of the producer board or commission, or (

b) where the plan governing the operation of the pro ducer board or commission does not define the expression "registered producers", those producers who have marketed the regulated product th~ sub j'ect of the plan at any time within the perIOd of 18 months prior to the date of the order of the Lieutenant Governor in Council, for the purpose of determining whether a plan should be amended or terminated. 14.

(1) Upon receipt by the Council of (

a) a petition under

section 12, or (

b) an order of the Lieutenant Governor in Council under

section 13, the Council, with prior approval of the Lieutenant Gover nor in Council, shall make public for the purposes of the plebiscite what constitutes 5

9. Sections 12, 13 and 14 presently read: 12.

(1) After a plan has been established under

section 7, persons engaged in the produdion of the regulated product within the area to which the plan applies may petition the Counci,l' to amend or ter minate the plan.

(2) The petition shall be signed by not less than 10 per cent of the persons entitled to petition. 13. Notwithstanding 'section 12, the Lieutenant Governor in Council may, from time to time and at any time, 'order that a plebis,cite of the persons engaged in the production of the regulated product be held in the area to which a plan re}ate,s. 14.

(1) Upon receipt of a petition under

section 12, or upon an order of the Lieutenant Governor in Council under

section 13, the Council shall cause a plebiscite to be held in the area to which the plan relates and if a majDrity of the producers eligible to vote within that area vote to amend or terminate the pvan the Council may, by order, amend or terminate the plan on a date which may be fixed by the order.

(2) The Lieutenant Go,vernor in Council may make such rules and regulation 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.

(3) Notwithstanding subsection (1), no vote is required to amend a plan where the propoised amendment does not increase or decrease the powers 'Of the producer board. 5

(c) (d) (

e) an eligible producer, a sufficient portion of eligible producers, and a sufficieJ?-t portion of the total agricultural pro duct that. I~ marketed or capable of being produced by the elIgIble producers. (~) Where a suff~cient number of eligible producers have regIste.red to be entItled to vote and the eligible producers so regIstered were capable of producing or did market a sufficient portion of the agricultural product the Council shall cause a plebiscite to be held.

(3) Where pursuant to a plebiscite the majority of pro ducers who have registered for the purpose of voting vote to amend or terminate the plan, the Lieutenant Governor in Council may amend or terminate the plan on such date as n1ay be specified by the Lieutenant Governor in Council.

(4) Where the Lieutenant Governor in Council termin ates a plan pursuant to a plebiscite, he may make such rules and regulations as may be necessary to settle the assets and affairs of and to wind up a producer board. 14.1 (1) 'iVhere a producer board wishes to amend a plan, it shall apply in writing to the Council.

(2) Upon receipt of a request from the Council t~e Lieu tenant Governor in Council may, subject to subsectIon (3), amend the plan in accordance with the request.

(3) Where an amendment is made to a plan which has the effect of authorizing a producer board (

a) to regulate the marketing of a regulated product on a quota basis, or (

b) to determine from time to time the price or prices that shall be paid to producers for the .regulate~ product or any class, variety, grade or SIZ~ of th t regulated product and to determine t~le dIfferen prices for different parts of the Provmce, . the. an::endment does not come into force. un~ess and u?t,II ~ majOrIty of the eligible producers constItutmg a sufficIenf number of the eligible producers and who are capable o. producing or did market a sufficient portion of the agn cultural product, vote in favour of the amendment. .( 4) Prior to a vote being taken, the Council w!th the prIOr approval of the Lieutenant Governor in CouncIl, shall make public for the purpose of the vote what constitutes 6 (

a) an eligible producer, (

b) a sufficient number of the eligible producers, and (

c) a sufficient portion of the agricultural product.

. 14.2

(1) Any person who is a producer and processor IS entitled in his respective capacities as a producer and as a processor to all the rights and privileges and is subject to all the duties and obligations of a producer and of a pro cessor.

(2) Any person who is a producer and a processor shall be deemed to have received in his capacity as a processor from himself in his capacity as a producer the regulated product produced by him that he processes and to have con tracted In that capacity with himself in his capacity as a producer for the marketing thereof upon the condition that the regulations, orders, directions and agreements made un der the authority of this Act apply.

Section 18 is amended by striking out subsection (4) and by substituting the following:

(4) A plan for a marketing commission shall state (

a) the number of members of the commission, (

b) whether the members of the commission are to be (c) (

d) appointed, chosen, elected or any combination thereof, the number of members of the ,commission who shall be producers, and the method or methods by which and the person or persons by whom the members shall be ap- pointed, chosen or elected.

Section 20, subsection (1) is amended by striking out clause (e).

Section 20, subsection (3) is amended by adding to the end thereof the words "and may pay them such travel ling and subsistence allowances as the Council considers necessary" .

Section 21, subsection (1) is amended by adding after clause 6 the following clause: 6.1 providing for the fixing of fees or charges paya.ble by persons engaged in the production, marketmg and processing of the agricultural product, or any class of them and the nature of the fees or charges and for the collecting of the fees or charges and the recovery of such fees or charges by suit in a court. "

Section 31 is amended by adding after the word !llleI,J;bers" the words ", directors delegates or elected offi-CIa s . ' . 15. This Act comes into force on the da·y upon which it ~s assented to. 1

Section 18, subsection (4) presently reads:

(4) A marketing commission shall consist of such number of persons as may be appointed by the Lieutenant Governor in Council, a majority 'of whom may be producers of the agricultural product. II.

Section 20, subsection (1), clause (

e) presently reads: 20.

(1) The Council may make regulations (

e) providing for the fixing of fees or charges payable by persons engaged in the production, marketing and processing of the agricultural product, or any class 'Of them and the nature of the fees or charges, and for the collecting of the fees or charges and the recovery of such fees or charges by suit in a court, See Note 13.

Section 20, subsection (3) presently reads:

(3) The Council may require the establishment, in connection with a marketing C'ommissi'on, 'Of advisory committees that may be em powered to advise and make recommendations to the marketing com mission on matters relating to the objects and functions of the commission.

Section 21, subsection (1) presently reads in part: 21.

(1) The Council may, with respect tlQ any agricultural product in relation to which a plan exists pursuant to

section 18, make regulations This clause was formerly

section 20, subsection (1), clause (e), a power of the Council to make general regulations.

Section 31 presently reads: 31. The Council may authorize the payment of remuneration to members of producer boards and marketing commi.ssi'ons 'Out of the incomes of such boards and commissions and may determine the amount of remuneration. 7 Title: 1972 (17th, 1st) Bill 94, The Marketing of Agricultural Products Amendment Act, 1972

Document details

Collection	Alberta — Bills
Citation	L17 S1 5075
Type	bill
Volume / chapter	L17 S1 5075
Language	en
Format	json
Source	PROVINCIAL
Identifier	880b35ed5870d35910903b02233bac568679a56f

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