Second Session, 45th General Assembly

54 Elizabeth II, 2005

BILL 22

AN ACT TO AMEND THE NATURAL PRODUCTS MARKETING ACT AND THE FARM PRACTICES PROTECTION ACT

Received and Read the First Time

Second Reading

Committee

Third Reading

Royal Assent

HONOURABLE EDWARD J. BYRNE

Minister of Natural Resources

Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Natural Products Marketing Act and the Farm Practices Protection Act to provide that a single board, the newly named Farm Industry Review Board , would be responsible for carrying out the duties and responsibilities presently conferred on the Agricultural Products Marketing Board under the Natural Products Marketing Act and the Farm Practices Review Board under the Farm Practices Protection Act .

The Bill would also provide that members of the board serve for a term of 3 years. Currently the Act provides that members serve at pleasure.

A BILL

AN ACT TO AMEND THE NATURAL PRODUCTS MARKETING ACT AND THE FARM PRACTICES PROTECTION ACT

Analysis

NATURAL PRODUCTS MARKETING ACT

1. S.2 Amdt.

Definitions

2. S.3 R&S

Board continued

3. S.9 Amdt.

Powers and duties of board

FARM PRACTICES PROTECTION ACT

4. S.2 Amdt.

Definitions

Part I Rep.

4. Farm Practices Review

Board

5. Board operations

6. Seal

7. Appointment of staff

8. Rules of board

9. Additional powers

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

NATURAL PRODUCTS MARKETING ACT

RSNL1990 cN-2

1. Paragraph 2(

a) of the Natural Products Marketing Act is repealed and the following substituted:

(a) "board" means the Farm Industry Review Board referred to in

section 3;

Section 3 of the Act is repealed and the following substituted:

Board

(1) The Agricultural Products Marketing Board is continued under the name of the Farm Industry Review Board.

(2) The board is an agent of the Crown.

(3) The board shall consist of not less than 5 and not more than 7 members appointed by the Lieutenant-Governor in Council one of whom shall be a person nominated by the Newfoundland and Labrador Federation of Agriculture.

(4) Members of the board shall be appointed for a 3 year term and are eligible for re-appointment.

(5) A membership on the board continues notwithstanding the expiry of the member's term until he or she is reappointed or replaced.

(6) Notwithstanding subsection (4), of the members of the board first appointed after this

section comes into force at least 2 of them shall be appointed for a term of 2 years.

(7) Meetings of the board may be conducted in person or by video conference or teleconference provided that, in a meeting, all participants are able to communicate with one another simultaneously.

(8) A member participating in a meeting of the board by video conference or teleconference shall be counted as a member present at the meeting for the purpose of establishing a quorum.

3. Subsection 9(1) of the Act is amended by adding immediately after paragraph (

n) the following:

(n.1) receive applications and make determinations with respect to those applications under

Part II of the Farm Practices Protection Act ;

(n.2) conduct a study and prepare a report when required to do so under

section 18 of the Farm Practices Protection Act ;

(2) Section 9 of the Act is amended by adding immediately after subsection (4) the following:

(5) A member of the board has, in relation to the hearing and determination of a matter under

Part II of the Farm Practices Protection Act, all the powers that are or may be conferred upon a commissioner under the Public Inquiries Act .

FARM PRACTICES PROTECTION ACT

SNL2001 cF-4.1

4. Paragraph 2(

b) of the Farm Practices Protection Act is repealed and the following substituted:

(b) "board" means the Farm Industry Review Board established under

section 3 of the Natural Products Marketing Act ;

Part I of the Act is repealed.

©Earl G. Tucker, Queen's Printer