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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 1186/96

CONSOLIDATED NEWFOUNDLAND REGULATION 1186/96

Newfoundland Egg Marketing Scheme
under the
Natural Products Marketing Act
(O.C. 96‑940)

Under the authority of section 11 of the Natural Products Marketing Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following Order.

ORDER

Analysis


        1.   Short title

        2.   Definitions

        3.   Purpose and application

        4.   Name and constitution of local board

        5.   Election of board members

        6.   Election procedure

        7.   Duties of board

        8.   Powers and authority of local board

        9.   Repeal


Short title

        1. This Order may be cited as the Newfoundland Egg Marketing Scheme.

221/78 s1

Definitions

        2. In this Order

             (a)  "Act" means the Natural Products Marketing Act;

             (b)  "caterer" means a person who buys the regulated product for resale in a form to a consumer on premises owned or occupied by him or her in serving food to the public;

             (c)  "chick" means a class of hen less than one month old;

             (d)  "designated area" means one of 3 distinct areas of the province, the boundaries of which are to be determined by the local board and to be referred to as west, central and east;

             (e)  "hen" means the hen of a class of domestic chickens belonging to the species Gallus Domesticus;

              (f)  "layer" means a class of hen 6 months of age or over;

             (g)  "licence" means a licence issued under this Order;

             (h)  "local board" means the Newfoundland Egg Marketing Board constituted in this Order;

              (i)  "marketing" includes advertising, buying, processing, selling, storing, packing, transporting, shipping, shipping for sale or storage and offering for sale and includes sale by peddlers, hawkers, traders and a commodity board;

              (j)  "order" means an order of the local board;

             (k)  "permit" means a permit issued under this Order;

              (l)  "person" includes a body of persons whether incorporated or not;

            (m)  "producer" means a person

                      (i)  owning 500 or more hens of egg laying age, and

                     (ii)  who raises hens as chicks, pullets or layers, either for himself or herself or for sale;

             (n)  "product" means

                      (i)  all sizes and grades of eggs, and

                     (ii)  all classes of chicks, pullets, layers and hens;

             (o)  "pullet" means a female of a class of hen under 6 months of age;

             (p)  "quota" means a marketing quota issued to a registered producer by the local board;

             (q)  "registered producer" means a producer who is registered by the board under paragraph 9(1)(k) of the Act;

              (r)  "retailer" means a person who buys the product for resale to a consumer but does not include a co‑operative of registered producers or agents selling for a registered producer;

             (s)  "vehicle" means a motor vehicle, wagon, railway car, ship, boat or other thing in which the product can be transported; and

              (t)  "wholesaler" means a person who buys the product for resale to a person other than a consumer, but does not include a co‑operative of registered producers or agents selling for a registered producer.

221/78 s2

Purpose and application

        3. (1) The purpose and intent of this Order is to provide for the effective promotion, control and regulation of the marketing of the product within the whole of the province, including the prohibition of marketing of the product in whole or in part.

             (2)  This Order shall apply to all producers, wholesalers, caterers, retailers and other persons engaged in the marketing of the product.

221/78 s3

Name and constitution of local board

        4. There shall be a local board known as the Newfoundland Egg Marketing Board consisting of a chairperson and 6 elected members and the local board shall have the authority to administer this Order.

221/78 s4

Election of board members

        5. (1) The elected members of the local board shall be elected every 2 years as provided.

             (2)  The first election will be held within a period of 90 days following the date of coming into operation of this Order.

             (3)  Two members will be elected from and by the registered producers in each of the 3 designated areas and shall hold office for a period of 2 years.

             (4)  The chairperson of the local board shall be appointed by the elected local board and shall be eligible for reappointment.

             (5)  The elected members of the local board shall appoint one of their own number to be vice‑chairperson of the local board to exercise the powers of the chairperson during his or her absence.

221/78 s4

Election procedure

        6. (1) The chairperson and the vice‑chairperson shall be selected from and by the members of the commodity board for a term of 2 years and the vice‑chairperson of the commodity board shall exercise the powers of the chairperson during his or her absence.

             (2)  The local board shall make all arrangements for conducting the election of members and shall fix a date every 2 years for receiving nominations.

             (3)  At least 20 days before the date fixed under subsection (2), a notice stating that nomination forms may be obtained from the local board and giving the date fixed for receiving nominations shall be dispatched by first class mail to each registered producer.

             (4)  Every nomination shall be in writing and shall be signed by the nominee and shall be delivered to the local board not later than the date fixed for receiving nominations.

             (5)  In the event that more candidates are nominated than vacancies are available, the local board shall, at least 10 days before the date fixed for election, send by prepaid post to each registered producer within those parts of the area for which a poll is necessary a ballot and notice of the time by which and the place to which the ballot is to be returned.

             (6)  A registered producer shall be considered to have received a notice, nomination form or ballot which is posted to him or her at his or her last registered address.

             (7)  Notwithstanding subsection (6), the failure of a registered producer to receive a notice, nomination form or ballot shall not invalidate an election.

             (8)  Every registered producer shall be entitled to one vote.

             (9)  All voting shall be by ballot and the ballots shall be returned to a returning officer appointed by the local board.

           (10)  In the event of a delay or irregularity occurring in the conduct of an election or a doubt arising as to the validity of an election, the board shall determine, with or without the holding of an inquiry under the regulations made under the Act, which persons are the elected members of the local board and may direct the holding of another election if it considers it advisable.

           (11)  In the event of a tied vote in the election of a member, the returning officer shall have a casting vote.

           (12)  Notwithstanding anything in this section, the power to make arrangements for the conduct of an election of the first local board and the conduct of it shall be vested in the board, and for the purpose of the first election the provisions of this section shall apply to the board as they apply to the local board.

221/78 s4; 83/84 s1

Duties of board

        7. (1) The local board shall appoint a certified accountant to audit the accounts of the local board annually.

             (2)  The local board shall keep at its head office a register of registered producers containing the names, addresses, quotas and other information that it shall determine.

             (3)  An official list of the names and addresses of all registered producers shall be open for inspection to a registered producer during regular business hours and an up‑to‑date copy of the official list of the names and addresses of all registered producers shall be sent to a registered producer on request.

221/78 s5

Powers and authority of local board

        8. (1) The local board shall promote, regulate and control the marketing of the product by producers, wholesalers and retailers with power to prohibit the marketing of the product in whole or in part and may

             (a)  exercise the following powers of the board conferred upon it by subsection 9(1) of the Act, that is to say,

                      (i)  acquire land by purchase and to hold the land and to dispose of, develop and manage the land in a lawful manner,

                     (ii)  receive from any source, including the province, lands, buildings, money or other property, by way of gift or trust for public uses or for the use of the local board,

                    (iii)  stimulate, increase and improve the marketing of the product for the purpose of carrying out an order,

                    (iv)  establish price negotiating agencies in connection with this Order,

                     (v)  adopt, determine or set fair, minimum or maximum prices for the marketing at any level of the regulated product or a class, variety or grade of the regulated product,

                    (vi)  subject to the prior approval of the board, exempt from an order or direction of the local board a person or class of persons engaged in the marketing of the product or a class, variety or grade of the product,

                   (vii)  require persons engaged in the marketing of the product in an area designated by the board to register with the local board their names, addresses and occupations and the quantity of the product marketed by them, and to require persons engaged in the marketing of the product to provide additional information with regard to the product as the local board may determine and to inspect the books and premises of the last‑mentioned persons,

                  (viii)  require the person in charge of a vehicle thought to be conveying the product to stop the vehicle and to permit an inspector or other person appointed by the local board for that purpose to inspect the vehicle and its contents,

                    (ix)  require a person to permit an inspector or other person appointed by the local board for that purpose to inspect property on which domestic hens are kept or suspected of being kept and to permit entry by the inspector upon property and into a building or structure for the purpose of carrying out an inspection; and

             (b)  exercise and discharge the following powers, functions and duties conferred upon the board by the minister under subsection 9(1) of the Act, that is to say,

                      (i)  subject to the prior approval of the board, to set up, regulate and control agencies through which the product may be marketed,

                     (ii)  subject to the prior approval of the board, to fix, impose and collect service charges for the marketing by producers and wholesalers of the product,

                    (iii)  subject to the prior approval of the board and without prejudice to a right of appeal under paragraph 9(1)(n) of the Act, to licence producers and wholesalers engaged in the marketing of the product, to fix the licence fees and to renew, refuse, suspend or revoke the licences,

                    (iv)  to determine the form of licences and to prescribe the terms and conditions upon which licences may be issued, refused, renewed, suspended or revoked, provided that in the case of a refusal to issue or renew a licence, or of a suspension or a revocation of a licence, the person whose application for the licence has been suspended or revoked shall be afforded an opportunity of appearing before the board to show cause why the licence should not be refused, suspended or revoked or why the renewal should not be refused,

                     (v)  to prohibit producers and wholesalers or either of them from engaging in the marketing of the product except under the authority of a licence,

                    (vi)  to provide for

                            (A)  the marketing by producers of the product on a quota basis,

                            (B)  the fixing and allotting to producers of quotas for the marketing of the product on the basis that the local board considers proper,

                            (C)  the refusing to fix and allot to a producer a quota for the marketing of the product that the local board considers proper,

                            (D)  the cancelling or reducing of, or the refusing to increase, a quota fixed and allotted to producers for the marketing of the product that the local board considers proper, and

                             (E)  the terms and conditions upon which a producer may market the product in excess of the quota fixed and allotted to him or her,

provided that a producer aggrieved by a provision of the local board respecting the refusal to fix and allot a quota, the cancellation, reduction or refusal to increase a quota or the terms and conditions on which a producer may market in excess of the fixed and allotted quota under clauses (C), (D) and (E) may appeal to the board in writing against the relevant provision, and the board may after hearing the representations of the appellant and the local board revoke or amend the provision appealed against or may dismiss the appeal, and

                   (vii)  to prohibit

                            (A)  a producer to whom a quota has not been fixed and allotted for the marketing of the product or whose quota has been cancelled from marketing the product, and

                            (B)  a producer to whom a quota has been fixed and allotted for the marketing of the product from marketing the product in excess of the quota.

             (2)  The local board may

             (a)  require and prescribe returns, accounts, records and statements to be made by persons holding licences and permits, and by other persons, the information to be given in the returns, accounts, records and statements, and by whom and in what manner and at what time they shall be made;

             (b)  establish offices for the purpose of carrying out this Order, and appoint officers, inspectors and other employees with power to prescribe the terms and conditions of employment of the officers, inspectors and employees;

             (c)  authorize inspectors and other officers designated under the Miscellaneous Provisions Regulations to seize, detain and dispose of products not being purchased nor marketed in accordance with this Order;

             (d)  subject to the prior approval of the board, borrow, raise or secure the payment of money in the manner that the board may consider appropriate for the purpose of carrying out the objects of this Order, but at no time shall the aggregate obligation of the local board incurred by the borrowing, raising or securing exceed $60,000; and

             (e)  provide for the making of the orders and the issuing of the directions and for the doing of other matters and things that are necessary to enforce the due observance and carrying out of the provisions of this Order.

             (3)  The local board may enter into an agreement with the Government of Canada under the Farm Products Marketing Agencies Act (Canada) and implement the provisions of it by making the rules, orders and regulations and carry out the acts that may be necessary to implement and to enable a person or agency referred to in the agreement to implement a plan contemplated by the agreement.

221/78 s6; 212/83 s2; 162/86 s1

Repeal

        9. The Newfoundland Egg Marketing Scheme, 1970, Newfoundland Regulation 221/78, is repealed.