Bill 41 (Legislature 8, Session 3)

L8 S3 8285

Alberta — Bills

Bill No. 41 of 1937. A BILL RESPECTING THE TRANSPORTATION, PACKING, STORAGE AND MARKETING OF NATURAL PRODUCTS AND OTHER COMMODI TIES WITHIN THE PROVINCE OF ALBERTA. NOTE.

Section 4 of the Bill empowers the Lieutenant Governor in Council to constitute marketing boards for the purpose of marketing any specified commodity; and "commodity" is defined in

section 2.

Part I of the Act relates to the control and regulation of the transportation, packing, storage and marketing of any "commodity" within the Province, and empowers the Lieut enant Governor in Council to put in force schemes for that purpose and to assign the administration of such schemes to a marketing board. Such schemes may relate to the whole Province or to any area thereof, and to one "com- .modity" or to several.

Section 6 sets out certain powers which the Lieutenant Governor in Council may confer upon any Provincial Mar keting Board.

Section 7 empowers the Lieutenant Governor in Council to make regulations as to the marketing of any "commod ity"; and subsection (2) sets out certain specific subjects of regulation.

Section 8 makes the non-compliance with orders of a Provincial Marketing Board or any regulations an offence and prescribes a penalty.

Part II enables the Lieutenant Governor in Council to establish a Provincial Trading Board as a body corporate, with power to buy and sell and deal in any goods, wares, merchandise, live stock and commodities, and to act as a

II. broker, factor or agent. The Board is to consist of three members, of whom one is to be chairman, appointed by order in council.

Section 12 directs the board to ~onduct its operations on such margin of profit as is necessary to provide for the ex pense of its operations.

Section 13 empowers the Lieutenant Governor in Council to confer upon the Board such powers as it deems necessary to enable it to carryon its operations, and to make regula tions.

Section 14 provides for annual reports of the operations of the Board, the auditing thereof, and the submission thereof to the Legislature.

Part III provides for the repeal of The Alberta Natural Products Marketing Act, The Control and Marketing of Wheat Act, and The Alberta Natural Products Marketing Act Amendment Act, 1935; it also provides that the Act or any Part or Parts therof shall come into force when proclaimed. R. ANDREW SMITH, Legislative Counsel. (This note does'not form any part of the Bill and is offered merely as a partial explanation of some of its provisions.)

BILL No. 41 of 1937.

An Act respecting the Transportation, Packing, Storage and Marketing of Natural Products and other Commodities, within the Province of Alberta. (Assented to , 1937.) HIS 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 Commodities Marketing (Alberta) Act." 2. In this Act, unless the context otherwise requires,- (a) "Commodity" means any product of agriculture r any product of any mine, any product of any quarry, any product of any oil well or gas well, any product of the forest, any proQuct of the lakes or rivers, and any

article wholly or partially manufactured from any such product; (b) "Marketing" includes buying and selling, shipping for sale or storage, and offering for sale; (c) "Minister" means the Minister of Trade and In dustry; (d) "Provincial Board" means the Alberta Marketing Board constituted under this Act, and any market ing board or agency constituted pursuant to this Act under the regulations; (e) "Regulated Product" means any natural product the regulation of the marketing of which is provided for in any scheme approved or established under this Act; (I) "Vehicle" means any motor vehicle, wagon, rail way car, ship, boat, or other thing in which any natural product can be transported. 3.

The administration of this Act shall be subject to the direction and supervision of the Minister. 4.-

(1) The Lieutenant Governor in Council may con stitute a board or different boards for the marketing of any specified commodity or commodities, and may constitute separate boards for the marketing of any specified com modity or commodities.

(2) Every such board shall be known by such name as may be prescribed by the Lieutenant Governor in Council, and shall consist of not more than three members of VI.rhom one shall be the chairman, to be appointed by the Lieuten ant Governor in Council, and the persons so appointed shall hold office during pleasure and shall receive such remunera tion and perform such duties as may be prescribed by the Lieutenant Governor in Council.

(3) The Lieutenant Governor in Council may also ap point such officers, clerks, and servants as are necessary for the carrying out of the provisions of this Act, and may fix their salaries.

PART 1. 5.-

(1) The purpose and intent of

Part I of this Act is to provide for the control and regulation in any or all re spects of the transportation, packing, storage and marketing of any commodity within the Province, including the pro hibition of such transportation, packing, storage and marketing in whole or in part.

(2) The Lieutenant Governor in Council may from time to time establish, amend, and revoke schemes for the con trol and regulation within the Province of the transporta tion, packing, storage and marketing of any commodity, and may assign the administration of any such schemes to any marketing board constituted under this Act, and may vest in those boards respectively any powers considered necessary or advisable to enable them effectively to control and regulate the transportation, packing, storage and marketing of any commodity within the Province, and to prohibit such transportation, packing, storage and market ing in whole or in part.

(3) Any scheme may relate to the whole of the Province or to any area within the Province, and may relate to one commodity, or various commodities, or to any grade or class thereof.

(4) The method by which the members of any marketing board are to be chosen, whether by appointment or election, or partly the one and partly the other, may be set out in the scheme the board is authorized to administer. 6. Without limiting the generality of any of the other provisions of this Act, the Lieutenant Governor in Council may vest in any Provincial board any or all of the following additional powers,- (

a) to regulate the time and place at which and to des ignate the agency through which any commodity shall be packed, stored or marketed; to determine the manner of distribution, the quantity and qual ity, grade or class of the commodity that shall be transported, packed, stored or marketed, by any

3 person at any time; and to prohibit the transporta tion, packing, storage or marketing of any grade, quality, or class of any commodity; (

b) to exempt from any determination or order any person or class of persons engaged in the produc tion, packing, transporting, storing or marketing of the commodity, or any class, variety or grade thereof; (

c) to require any or all persons engaged in the pro duction, packing, transporting, storing or market ing of the commodity, to register with and obtain licenses from the board; (

d) to require full information relating to the produc tion, packing, transporting, storing and marketing of the commodity from all persons engaged therein; and to require periodic returns to be made by such persons, and to inspect the books and premises of such persons; (

e) to fix the price or prices, maximum price or prices, minimum price or prices, or both maximum and minimum prices at which the commodity, or any grade or class thereof, may be bought or sold in the Province; and may fix different prices for different parts of the Province; (

I) to require the person in charge of any vehicle in which the commodity could be transported to permit any member or employee of the board to search the vehicle; (

g) to seize and dispose of any commodity kept, trans ported, packed, stored or marketed in violation of any order of the board; (

h) to make such orders, rules and regulations, as are deemed by the board necessary or advisable to con trol and regulate effectively the transportation, packing, storage or marketing of any commodity, and to amend or revoke the same. 7.-

(1) The Lieutenant Governor in Council may make such regulations as are considered necessary or advisable for carrying out the purpose and intent of this Act, and may vest in any Provincial board such authorities and powers as are considered necessary or advisable with refer ence to the marketing of any commodity.

(2) Without thereby limiting the generality of the pro visions hereinbefore contained, it is declared that the power of the Lieutenant Governor in Council to make regulations shall extend to,- (

a) the authorizing and giving effect to any scheme for the regulation of the marketing within the Prov in~e of any commodity;

4 (

b) the providing for the submission of any scheme for the regulation of the marketing of any commodity to a plebiscite within the area of the Province covered by the scheme; (

c) the termination and annulment of any approval given or scheme authorized by the Lieutenant Gov ernor in Council under this Act; (

d) the imposition of penalties for enforcing any pro vision of the regulations. 8. Every person who fails to comply with any deter mination or order of a Provincial board or any regulation made under this Act shall be liable, on

summary conviction, to a fine of not less than twenty-five dollars and not more than one hundred dollars, or to imprisonment not exceeding ninety days or to both fine and imprisonment.

PART II. 9.

For the purpose of providing producers and consumers in the Provin~e with the means of buying and selling com modities at a just price, the Lieutenant Governor in Council may constitute a Board to be known as "The Provincial Trading Board", which shall be a body corporate and shall be empowered to buy and sell and deal in any goods, wares, merchandise, live stock or commodities whatsoever, and to act as a broker, factor or agent for any person in the acquisition or disposition of any goods, wares, merchandise, live stock or commodities, and for that purpose to do and transact all acts and things which a natural person engaged in a general mercantile business has the capacity or the power to transact. ~O.

The board shall consist of three members, one of whom shall be the chairman, appointed by the Lieutenant Governor in Council, who shall receive such remuneration for their services as may be prescribed by the Lieutenant Governor in Council and shall hold office during pleasure. ~~. The board may, with the approval of the Lieutenant Governor in Council, employ such officers, agents, clerks and servants, as may from time to time be required by the board for the transaction of its business. ~2.

The board shall in the buying. selling or dealing with any commodity, conduct its operations on such margin of profit as the board deems necessary for the purpose of providing for the payment of the expenses of the board. ~3. The Lieutenant Governor in Council may vest in the board such authorities and powers as are considered neces sary or advisable for the purpose of enabling the board to

5 conduct its operations, and may make such regulations as are considered to be necessary or advisable for carrying out the intent and purpose of this Act. 1.4. The board shall on the first day of January following the year in which it commences operation, and on the first day of January in each subsequent year, make a complete report of its business which shall be audited by the Provin cial Auditor, and shall be submitted to the Lieutenant Gov ernor in Coun~il and shall be submitted to the Legislature at the session next after the delivery of the report.

PART III. 1.5. The following Acts are hereby repealed: "The Alberta Natural Products Marketing Act", being

chapter 34 of the Statutes of Alberta, 1934; "The Control and Marketing of Wheat Act", being chap ter 35 of the Statutes of Alberta, 1934; and "The Alberta Natural Products Marketing Act Amend ment Act, 1935", being

chapter 39 of the Statutes of Alberta, 1935. 1.6. The Lieutenant Governor in Council may by one proclamation or by several proclamations, declare this Act or any Part or Parts thereof, to be in force on and from a date fixed thereby for that purpose, and upon any such proc lamation being made, this Act or any Part or Parts thereof so declared to be in force, shall come into force upon the date so fixed thereby.

THIRD SESSION EIGHTH LEGISLATURE 1 GEORGE VI 1937 BILL

An Act respecting the Transporta tion, Packing, Storage and Market ing of Natural Products and other Commodities, within the Province of Alberta. Received and read the First time ....................................... . Second time .................................... .. Third time ...................................... .. HON. DR. CROSS. EDMONTON: A. Shnitka. King's Printer 1937 Title: 1937 (8th, 3rd) Bill 41,

An Act respecting the Transportation, Packing, Storage and Marketing of Natural Products and other Commodities, within the Province of Alberta

Document details

Collection	Alberta — Bills
Citation	L8 S3 8285
Type	bill
Volume / chapter	L8 S3 8285
Language	en
Format	json
Source	PROVINCIAL
Identifier	e694296e3c1320b8216fd5d3a883b2b46ccf1ef8

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