Bill 74 (Legislature 9, Session 4)

L9 S4 7679

Alberta — Bills

Bill No. 74 of 1944. A BILL RESPECTING THE REGULATION AND CONTROL OF FROZEN FOOD LOCKER PLANTS AND THE LICENSING OF OPERATORS THEREOF AND TO PROVIDE FOR GUARANTEES FOR CO-OPERATIVE ASSOCIATIONS OPERATING SUCH PLANTS. NOTE. This Bill introduces a new Act. The main purpose of the A.ct is to provide for licensing and regulating frozen food locker plants of which there are now a considerable number in the Provi:pcce and more are expected. The Act provides that no person shall' carryon the business of a frozen food locker plant without a license.

Provision is made for the is,suance of licenses upon application but with a discretion to the Minister to grant or refuse any application. The Minister is given power if in his opinion the licensee contravenes any of the provisions of the A,ct or regulations to suspend, revoke or cancel the license and it is also provided that no license shall be issued by a city, town, village or municipal district for such plants unless they have first obtained a license under this Act. Provision is made in

section 11 for the setting up of an advisory board to confer with and advise the Minister on the administration of the Act and the regulations.

Section 12 sets out various matters with respect to which regulations may be made by the Minister with the approval of the Lieutenant Governor in Council. The general provisions are contained in se,ctions 13 to 16 and include the penalties imposed for contravention of the Act.

Part II of the Act deals only with frozen food locker plants which are organized under The Co-operative Associa tions Act, and authorizes the Government to guarantee borrowings by such a co-operative association for the purpose of acquiring and equipping a plant, and on certain conditions further borrowings after capital borrowings have been repaid. These provisions are similar to those now .contained in The Co-operative Marketing Associations Guarantee Act, and sections 3 to 7 of that Act are made to apply to any guarantees which may be authorized under this Act. W. S.

GRAY, Acting Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provision~.)

BILL No. 74 of 1944.

An Act Respecting the Regulation and Control of Frozen Food Locker Plants and the Licensing of Operators thereof and to provide for Guarantees for Co-operative Associations Operating such Plants. (Assented to , 1944.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

SHORT TITLE. 1. This Act may be cited as "The Frozen Food Locker Act."

INTERPRETATION. 2. In this Aet, unles's the context otherwise requires, (a) "Advisory Board" means the Advisory Board appointed by the Minister under the provisions of this Act; (b) "Carryon the business of a frozen food locker plant" includes carrying on the same as a separate business or in conjunction with" or as part of any other bus,iness or businesses; (c) "Department" means the Department of Agri culture; (d) "Food" includes every

article used by man or animal for food, drink, confectionery, or condiment, or which ·enters into the composition of the same, whether simple, blended, mixed, or compound; (e) "Frozen food lo~ker plant" means an establish ment in which space by means of individual lockers or otherwise is rented or otherwise made available to persons for storage of frozen food; (I) "Minister" means the Minister of Agriculture; (g) "Regulations" means regulations made under the authority of this Act; (h) "Sharp freeze" means freezing on plates or in cabinets especially designed for quick freezing; (i) "Supervisor" means the Supervisor of Co-operative Activities- appointed pursuant to The Co-operative Activities Supervision Act, 'being

chapter 249 of the Revised Statutes of Alberta, 1942.

PART I LICENSING. 3. From and after ninety days from the coming !nto force of this Act, no person shall carryon in the ProvInce the business of a frozen food locker plant unless such person is the holder of a subsisting license issued pursuant to this Act, authorizing such person to carryon su?h business, nor shall any person who is the holder of a lIcense c3;r~y ~n such business at any place other than the place specIfIed In the li,cense. 4.

Every application for a license shall be in writing. and shall be accompanied with such particulars as the MinIster may from time to time require, together with the fee pay able in respect of the license. 5. The Minister may in his discretion either grant or refuse to grant a license to any person. 6. No license shall be transferable except with the approval of the Minister. 7. Every license issued under the provisions of this Act shall expire on the thirty-first day of December following the date of issue. 8.

If in the opinion of the Minister any of the provisions of this Act or any regulations made hereunder have been contravened by a licensee or his servants, employees or agents or any of th(illl, the Minister may suspend, revoke or cancel the license of such licensee. 9. No license shall be issued by any city, town, village or municipal district for the carrying on of the business of a frozen food locker plant unless the applicant is the holder of a subsisting license issued pursuant to this Act in respect of that business. 10.

No person shall for the purpose of carrying on the business of a frozen food locker plant erect a building or establish a plant in any building already erected in the Pr~vince unless the sii;e therefor and the plans aI,ld specifi catIOns thereof have fIrst been approved by the Minister. 11. The Minister may from time to time appoint an advisory board consisting of not less than three and not mo:r:e than five membe~s, and it shall be the duty of the adVIsory board so appoInted to confer with and advise the Minister on any matter or thing relating to the administra tion of this Act or regulations made thereunder.

The Board members so appointed shall hold office during the pleasure

8 of the Minister and shall receive such expenses or remunera tion for their services as may be provided by the Lieutenant Governor in Council. 12. The Minister may with the approval of the Lieu tenant Governor in Council make regulations with respect to the following matters: (

a) the locality of the plant; (

b) minimum building dimensions and constru,ction; (

c) type, amount and standard of equipment; (

d) methods respecting preparation, wrapping, mark ing, stamping, tagging and sharp freezing of food or parcels intended for storage; (

e) classification of plants; (

f) the kinds of food products that may be kept in storage and the period of storage; (

g) the sanitary standards of' frozen food locker plants and of any slaughter house used in connection there with; (

h) the inspection of frozen food locker plants and any slaughter house used in connection therewith; (

i) standard refrigeration temperatures for chill room, sharp freeze room, and locker room; (

j) standards of qualifications for operators and managers of frozen food locker plants; (

k) prescribing the conditions subject to which any license is issued and prescribing the fees payable in respect thereof; (

l) generally all such matters as the Minister may con sider necessary for the proper regulation and control of frozen food locker plants. GENERAL PROVISIONS. 13. Every person carrying on the business of a frozen food locker plant shall furnish to the Minister such informa tion ,concerning the said plant and its operation in such form and at such times as the Minister may require. 14.

Subject to the provisions of The Public Service Efficiency Act, the Minister may, with the approval of the Lieutenant Governor in Council, appoint an administrator and such inspectors, officers, clerks and servants, as are necessary for the carrying out of the provisions of this Act, and may prescribe their duties and fix their salaries. 15. No person shall in any way whatsoever hinder or obstruct any inspector or representative of the Department or member of the advisory board in the performance of his duties.

4 16. Any person who contravenes any of the provisions of this Act or of any regulation made pursuant to this Act, shall be guilty of an offence and liable 9n

summary convic tion to a fine of not less than ten dollars and costs nor more than two hundred dollars and costs, and in default of pay ment to imprisonment for a term of not more than ninety days.

PART II GUARANTEES FOR CO-OPERATIVE ASSOCIATIONS OPERATING FROZEN FOOD LOC KER PLANTS. 17.-

(1) Upon the recom.mendation of the supervisor, the Lieutenant Governor in Council may from time to time authorize the Provincial Treasurer to guarantee on behalf of the Province the due payment of any sum borrowed by any co-operative association having a subsisting license pursuant to this Act for the purpose of acquiring land, buildings, machinery and equipment or any of them for use in the carrying on of the business of a frozen food locker plant, together with interest thereon and may author ize the Provincial Treasurer on behalf of the Province to execute any instrument for that purpose; Provided always that in addition to such requirements as the supervisor may impose,- (

a) the association has first paid at least fifteen per cent of the .cost of acquiring the land, buildings, machin ery and equipment; (

b) the period for the repayment of the borrowing shall not· exceed twenty years; (

c) the association shall make provision satisfactory to the Provincial Treasurer for a sinking fund ade quate for the purpose of paying off the guaranteed loan and interest as and when it becomes due; (

d) the total amount of the liability of the Province as a guarantor under this Act shall not exceed the sum of one hundred thousand dollars. (2) .

In any case-where the borrowings of an association ha."e bee? guaranteed pursuant to the other provisions of thIS s~ctIon, and such borrowings have been fully repaid, the Lle?tenant Governor in Council may, upon the recom mendatIon of the supervisor, authorize the Provincial Treasurer to guarantee on behalf of the Province further borrowing by the association, provided always that before a;ny. such guarantee is given, the capital assets of the asso CIatIOn have been v~lu~d by a person appointed for that purpose by the PrOVInCIal Treasurer, and provided further that the amount of the further borrowing so guaranteed shall not exceed fi!ty. per cent of the value of the capital assets of the aSSOCIatIon as ascertained by the valuer.

5 18. The provisions of sections 3, 4, 5, 6 :and 7 of The Co-operative Marketing Aissociations Guarantee Act, chap ter 252, R.S.A., 1942, shall apply to this

Part in the same manner and to the same extent as if the same had been repea ted herein and made part of this Act. 19. This Act shall.come into force on the day upon which it is assented to.

No. 74. FOURTH SESSION NINTH LEGISLATURE 8 GEORGE VI 1944 BILL

An Act respecting the Regulation and Control of Frozen Food Locker Plants and the Licensing of Opera tors therof and to Provide for Guarantees for Co-operative Asso ciations operating such Plants. Received and read the First time ........................................ . Second time Third time .......................... . RON. MR. MACMILLAN. EDMONTON: A. Shnitka, King's Printer 1944 Title: 1944 (9th, 4th) Bill 74,

An Act Respecting the Regulation and Control of Frozen Food Locker Plants and the Licensing of Operators thereof and to provide for Guarantees for Co-operative Associations Operating such Plants

Document details

Collection	Alberta — Bills
Citation	L9 S4 7679
Type	bill
Volume / chapter	L9 S4 7679
Language	en
Format	json
Source	PROVINCIAL
Identifier	a885f2a1f3c36f3f682b7eb7271ea359d7b771b1

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