Bill 79 (Legislature 12, Session 3)

L12 S3 6524

Alberta — Bills

Bill No. 79 of 1955 A BILL RESPECTING THE MARKETING OF AGRICULTURAL PRODUCTS NOTE This Bill enacts a new Act to be entitled "The Agricultural Products Marketing Act, 1955". 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 marketing 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 C3nada in respect of the marketing of agricultural products within Alberta. The Minister of Agriculture is to administer this Act. The Agricultural Products M a'rketing Act (chapter 2 of the Statutes of Alberta, 1949), which had not been pro claimed in force, is repealed by this Act. This Bill comes into force upon assent. J. W. RYAN, Acting Leg1:slative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

BILL No. 79 of 1955

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 Agricldtural Products

Short title Marketing Act, 1955", Intet'pretation 2. In this Act, Interpre-tation (

a) uagricultural product" means any poultry, poultry "agri- products, hogs, vegetables, honey, cheese, commer- ~~~~~~l" cial grass and legume seed; (b) "Canada Act" means the AgricultU'ral Products Canada Act Marketing Act (Canada), and all anlendments 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 ~~~~;;.~ted by a producer board as the agency by or thrqugh 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 comnlOdity producer "prod~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- "~egulated d . . f h' h ' product uct the regulatIOn and marketIng 0 w lC IS provided for in any plan approved or established under this Act; (i) "regulations" means regulations made pursuant ".reg,!~a- to this Act. tIons

~ .. Appointment o·f Officers Appointment 3. The Lieutenant Governor in Council may appoint of officers such advisory con1mittees, officers. clerks and servants as are necessary for administering this Act and the regula tions, and may fix their remuneration. Purpose and intent of Act Establish ment of plans and boards Approval of plan Powers vested in bo:ud Mal'keting Plans and Boards 4. The purpose and intent of this Act is to provide for the marketing, within the Province, by producer controlled marketing boards, of any designated agricultural product. 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, (

b) constitute commodity producer marketing boards to administer such plans and vest in those boards respecti vely any powers considered necessary or advisable to enable them effectively to control and regulate the marketing of the designated agricul tural product 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 producer 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 shall be 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 the de~ig 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. • 7. Without limiting the generality of any of the othe,r provisions of this Act, the Lieutenant Governor in CounCIl may vest in any board any or all of the following powers: (

a) the power to regulate the time and place at wh!ch 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 re~u lated product that is to be marketed by any deslg nated agency at any time,

3 (

c) the power to refuse to market in whole Or in part any grade, quality 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; (

f) 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, li,cence 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 ::lny grade, variety or class thereof may be bought or sold, otherwise than by retail to consumers, in the Province or that is 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 violation 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

Termination 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 nools for the distribution of all moneys received from the marketing of the regu lated product and, after deducting all necessary 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, (

s) the power to make such orders, rules and regula tions as are deemed necessary or advisable to control and regulate effectively the marketing of the regu lated 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 Coun,cil 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 uf>on 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 production 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 ne,cessary to settle the a.ssets and affairs of and to wind up any producer board establIshed to operate a plan terminated pursuant to this section.

5 Co,.o.peration with Canada Board 11.. To regulate the marketing of any agricultural pro- Co-operation duct of the Province a producer board may co-operate with ;~~rdcanada the Canada Board and may act conj ointly 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 Powers of Council a producer board may, with reference to the market- b~~~~cer ing of a designated agri,cultural 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 Exercise Council the Canada Board may in any manner and under of powers 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 agri,cultural product. 14.

(1) With reference to the marketing of any agri- VestinO' cultural product and so far as the same is within provincial of pow"ers 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 extent 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 a,ct 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, (

c) approving any plan for the regulation of the market ing of any agricultural product for which the ap proval of the Lieutenant Governor in Council is necessary for any purpose of the Canada Act,

General regulations Powers of producer board restricted General penalty Appropria tion 6 (

d) authorizing and giving effect to any plan for the regulation of the marketing within the Province of any agricultural prod uct, (

e) providing for the submission 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, (

f) 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, (

g) 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 that 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 spe,cial order in any particular case. 1H.

(1) Nothing in this Act shall be deemed to authorize 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 producer board refuses to accept or does not accept for marketing a regulated product from a pro ducer, the producer may market the refused or unaccepted product in any manner he sees fit to do so. 17. Every person who fails to comply with any deter mination, regulation or order of a producer board or any regulation, is guilty of an offence and, if no other penalty is :wovided, is liable upon

summary .conviction to a fine of not more than one thoijsand dollars and, in default of payment thereof, to a term of imprisonment not exceeding three months. 18. All moneys necessary to pay the remuneration o.f the members of advisory committees appointed under

sectIOn 3 and to meet the expenses necessarily incurred in carrying out this Act shall be paid out of moneys appropriated by the Legislature for that purpose.

7 19.

(1) The purpose and intent of the Legislature is to Construction confine the provisions of this Act within the competence of 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 sectiolL is held or found to be Provisions beyond th.e powers ?f the Provin~e, ~uch provision or

section ~~~oe~~ 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 a$ 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 notwithstand- ing that some provisions are held to be ultro" 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 admissjble as evidence thereof in all courts of the Province. 21. The Minister of Agriculture is charged with the .~dministra- . . t t' f th' A t tlOn admInIs ra IOn 0 IS C. 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 it ~~~1if~'ce IS assented to.

THIRD SESSION TWELFTH LEGISLATURE 4 ELIZABETH II 1955 BILL A Bill respecting The Marketing of Agricultural Products Received and read the First time ............ . Second time ....................................... . Third time ............ . RON. MR. RALMRAST Title: 1955 (12th, 3rd) Bill 79,

An Act respecting the Marketing of Agricultural Products

Document details

Collection	Alberta — Bills
Citation	L12 S3 6524
Type	bill
Volume / chapter	L12 S3 6524
Language	en
Format	json
Source	PROVINCIAL
Identifier	943611143425d222b56aae6302cfebbe6c52c5e7

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