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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 1191/96

CONSOLIDATED NEWFOUNDLAND REGULATION 1191/96

Newfoundland Milk 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 commodity board

        5.   Powers and authority of board

        6.   Registration and information required

        7.   Powers of board

        8.   Prohibitions

        9.   Repeal


Short title

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

29/83 s1

Definitions

        2. In this Order

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

             (b)  "board" means the Agricultural Products Marketing Board;

             (c)  "caterer" means a person who uses the regulated products on premises owned or occupied by him or her in serving food to the public;

             (d)  "commodity board" means the Newfoundland Milk Marketing Board constituted under section 4;

             (e)  "dairy" means a place where milk is gathered or produced for processing and packaging for sale or resale to retailers, caterers, consumers, institutions and others;

              (f)  "distributor" means a person engaged in selling or distributing milk or milk products directly or indirectly to consumers and includes a processor and dairy operator;

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

             (h)  "marketing" has the meaning as set out in the Act;

              (i)  "milk" includes all classes and grades of cows fluid milk whether whole, reduced or flavoured and shall include buttermilk, cream and all classes and grades of reconstituted milk;

              (j)  "minister" means the minister appointed under the Executive Council Act to administer the Act;

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

              (l)  "processing" means heating, pasteurizing, evaporating, drying, churning, freezing, separating into component parts, combining with other substances by any process or otherwise treating milk in the manufacture, packaging and preparation of the product and may include distribution;

            (m)  "processor" means a person engaged in the processing of milk and includes a distributor;

             (n)  "producer" means a person engaged in the collection or manufacture of milk for marketing purposes and does not include a person who produces milk for his or her own use or that of his or her family;

             (o)  "quota" means a marketing or production quota issued to a producer by the commodity board;

             (p)  "reconstituted milk" means milk powder to which water or other ingredients have been added;

             (q)  "registered processor" means a processor who is registered with the commodity board;

              (r)  "registered producer" means a producer who is registered with the commodity board;

             (s)  "regulated product" means all classes of milk;

              (t)  "retailer" means a person who buys the product for resale to a consumer and may include a processor or a distributor; and

             (u)  "vehicle" means a motor vehicle, wagon, railing car, ship, boat or other thing in which the regulated product can be transported.

29/83 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 production and marketing of the regulated product within the province, including the prohibition of the production and marketing of the regulated product.

             (2)  This Order shall apply to all producers, caterers, retailers, processors, distributors, dairy operators and other persons engaged in the production and marketing of the regulated product.

29/83 s3

Name and constitution of commodity board

        4. (1) There shall be a commodity board known as the Newfoundland Milk Marketing Board consisting of 7 members to be constituted as prescribed in subsection (2).

             (2)  Five members of the commodity board shall be elected by registered producers as follows:

             (a)  2 members of the commodity board shall be registered producers residing in any of the agricultural management areas one through 4 inclusive who shall be elected by the registered producers residing in the agricultural management areas,

                      (i)  one member to be elected for a term of office commencing in an even‑numbered year, and

                     (ii)  the other member to be elected for a term of office commencing in an odd‑numbered year;

             (b)  one member of the commodity board shall be a registered producer residing in any of agricultural management areas 5 through 8 inclusive who shall be elected by registered producers residing in these agricultural management areas, which members shall be elected for a term of office commencing in an odd‑numbered year; and

             (c)  2 members of the commodity board shall be registered producers residing in any of agricultural management areas 9 through 14 inclusive who shall be elected by the registered producers residing in the agricultural management areas,

                      (i)  one member to be elected for a term of office commencing in an even‑numbered year, and

                     (ii)  the other member to be elected for a term of office commencing in an odd‑numbered year.

             (3)  Two members of the commodity board shall be appointed by the minister, one member to be appointed for a term commencing in an even‑numbered year and the other member to be appointed for a term commencing in an odd‑numbered year.

             (4)  Notwithstanding subsection (2), for the term commencing in 1989, the minister shall appoint one member under that subsection for a 2 year term, while the second member shall be the incumbent who is appointed by the minister for a term beginning May 31, 1990.

             (5)  Notwithstanding subsection (2),

             (a)  for the term commencing in 1989, there shall be elected under paragraph (2)(a) one member for a 2 year term, while the second member shall be the incumbent who is appointed by the minister for a term expiring May 31, 1990;

             (b)  for the term commencing in 1989, there shall be elected under paragraph (2)(c) one member for a 2 year term, while the second member shall be the incumbent who is appointed by the minister for a term expiring May 31, 1990;

             (c)  the agricultural management areas referred to in this section shall be the agricultural management areas defined by the minister; and

             (d)  unless otherwise provided, the term of office of a member of a commodity board shall commence on June 1 in the calendar year.

             (6)  The commodity board shall be operated on a fiscal year commencing January 1 and ending on December 31 in every year.

             (7)  The commodity board shall call a general meeting of all registered producers to be held within 3 months of the end of the fiscal year in every year.

             (8)  The chairperson of the commodity board shall be a registered producer and shall be elected from and by the commodity board members for a 2 year term commencing on odd‑numbered years.

             (9)  The vice‑chairperson of the commodity board shall be a registered producer and shall be elected from and by the commodity board members for a 2 year term commencing in even‑numbered years, except for the 12 months commencing June 1, 1989, the vice‑chairperson shall be the incumbent.

           (10)  The term of chairperson or vice‑chairperson shall immediately expire if he or she ceases to be a member of the commodity board.

           (11)  A quorum shall consist of a majority of the members of the commodity board.

           (12)  Notwithstanding subsection (11), there shall not be a quorum unless at least half the members of the commodity board present at a meeting are registered producers.

           (13)  When at a meeting of the commodity board there is an equality of votes inclusive of his or her own vote, the member of the commodity board presiding at the meeting has a second or casting vote.

           (14)  Meetings of the commodity board may be called by the chairperson by giving to each member not less than 2 days' notice of it or by any 3 members of the commodity board by giving one week's notice in writing to the others.

           (15)  Meetings shall be held at the time and place fixed by the chairperson or, in his or her absence, the vice‑chairperson.

           (16)  When a vacancy occurs among the members of the commodity board before the expiry of his or her term of office,

             (a)  if the vacancy is that of an elected member which occurs with more than 6 months remaining in his or her term of office, the commodity board shall call and hold a by‑election to fill that vacancy for the balance of the term of office;

             (b)  if the vacancy is that of an elected member which occurs with 6 months or less remaining in his or her term of office, the commodity board may, in its absolute discretion, either call and hold a by‑election to fill that vacancy or appoint a person, who shall be a registered producer residing in any of the agricultural management areas appropriate to that member's office, to fill that vacancy for the balance of the term of office; and

             (c)  if the vacancy is that of a member who was appointed by the minister which occurs before the expiry of his or her term of office, the minister may, in his or her absolute discretion, appoint a person to fill the vacancy for the balance of the term of office.

           (17)  The board may recommend to the minister the removal of a member of the commodity board who is convicted of an offence under the Act or the Criminal Code or who has failed to attend 3 consecutive meetings of the commodity board without reasonable cause.

           (18)  A producer member of the commodity board who ceases to be a producer shall resign from the commodity board not later than 3 months from the date on which the member ceased to be a producer.

           (19)  Notwithstanding that it is discovered that there was some defect in the appointment, election or qualifications of a person as a member of the commodity board, all acts of the commodity board shall be as valid as if it were and had been validly constituted.

           (20)  The commodity board shall bring into operation, not later than 3 months after this Order is gazetted, by‑laws for the conducting of its business affairs.

           (21)  The commodity board shall be a body corporate.

           (22)  The commodity board shall have perpetual succession and a common seal and may sue and be sued in a court.

           (23)  The commodity board shall have the authority to administer this Order.

           (24)  The commodity board may determine in its absolute discretion the procedure for nomination of candidates and elections and by‑elections for the offices of member, chairperson and vice‑chairperson of the commodity board as provided for in this section.

29/83 s4; 81/84 s1; 107/84 s1; 273/88 s1; 46/89 ss1&2

Powers and authority of board

        5. The commodity board shall promote, regulate and control the production and marketing of the regulated product in the province by producers, processors, distributors, retailers, caterers and other persons or either of them who are engaged in the marketing of the regulated product either in whole or in part, and may

             (a)  subject to the prior approval of the board co‑operate with the Government of Canada or of a province of Canada or a department, agency, board, council or other body under the jurisdiction of the Parliament of Canada or the Legislature of a province of Canada in a manner and to an extent that may be necessary or desirable to market, promote, facilitate, control, regulate or prohibit the production and marketing of the regulated product and to act, or cause to act conjointly or to enter into agreements with any government, department, agency, board, council or other body for the purposes referred to in this section;

             (b)  determine the price for which milk shall be marketed and determine different prices for different parts of the province and for different size and types of containers as follows:

                      (i)  from producers to processors,

                     (ii)  from producers and processors to retailers,

                    (iii)  from producers and processors to householders,

                    (iv)  from producers and processors to caterers and institutions, and

                     (v)  from retailers to householders;

             (c)  define the areas of the province to which different prices referred to in paragraph (b) apply;

             (d)  prohibit within the limits of areas designated under paragraph (c) a purchase, sale or delivery of milk either alone or in combination with another article of trade at a price which is greater or lower than that determined by the commodity board for milk under paragraph (b);

             (e)  exempt from this Order a person or classes of persons engaged in the production and marketing of milk;

              (f)  require the person in charge of a vehicle thought to be conveying the regulated product to stop the vehicle and permit an inspector or another person appointed by the commodity board for that purpose to inspect the vehicle and its contents;

             (g)  provide for the production or marketing of the regulated product on a quota basis having due regard for traditional producers, but with provision made for new entrants into production as quotas are increased;

             (h)  provide for the licensing of producers engaged in the production or marketing of milk and provide the form of licences and the terms and conditions upon which licences may be issued, refused, renewed, suspended or revoked;

              (i)  provide for the seizure, detention and disposal of the regulated product which has been marketed in violation of this Order, the Act and the regulations and orders made under them;

              (j)  subject to the prior written approval of the board, provide for the fixing, imposing and collecting of service charges or levies for the marketing of the regulated product; and

             (k)  provide for the making of those orders and regulations and the taking of that action that may be necessary to enforce the due observance and carrying out of the provisions of this Order or an order or regulation made under it.

29/83 s5

Registration and information required

        6. (1) The commodity board shall require all producers and processors of milk to register their names and addresses with the commodity board and to provide other information on the production, processing and marketing of milk that may be considered necessary.

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

29/83 s6

Powers of board

        7. The commodity board may

             (a)  establish offices for the purpose of carrying out this Order and appoint officers, inspectors and other employees that may be required and prescribe the terms and conditions of employment of the officers, inspectors and employees;

             (b)  use money collected from service charges, permits or by other means under this Order for the purpose of carrying out the provisions of this Order; and

             (c)  establish and fix the wages, salaries and remuneration of the members and employees of the commodity board including travelling expenses.

29/83 s7

Prohibitions

        8. (1) A producer or wholesaler shall not market the regulated product in combination with another commodity at a combined price or at prices not applicable to the marketing of the commodities individually.

             (2)  A producer or wholesaler shall not market the regulated product contemporaneously with a gift or sale of another thing of value, including additional quantities of the regulated product.

             (3)  A producer shall not sell or offer for sale the regulated product and a wholesaler, retailer or caterer or producer shall not buy the regulated product at a price less than the appropriate minimum price fixed by the commodity board for the variety and grade of the regulated product offered for sale, sold or purchased.

29/83 s8

Repeal

        9. The Newfoundland Milk Marketing Scheme, 1983, Newfoundland Regulation 29/83, is repealed.