Manitoba Natural Products Marketing Council Regulation

Manitoba Natural Products Marketing Council Regulation, M.R. 245/87 R The Farm Products Marketing Act , C.C.S.M. c. F47 Regulation 245/87 R Registered June 22, 1987 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Application 3 Application for plan 4-5 Plan approval 6 Powers of council 7 Plan approval procedures 8-10 Additional powers of the council Schedule Definitions 1 In this regulation, "Manitoba council" means The Manitoba Natural Products Marketing Council; (« Conseil manitobain ») "marketing" means selling, or offering for sale, and includes advertising, packing, storage, shipping, and transportation, within the province, for purposes of sale or any anticipation of sale; (« commercialisation ») "marketing commission" means a marketing commission established under Part III of the Act; (« régie de commercialisation ») "minister" means the Minister of Agriculture for Manitoba; (« ministre ») "plan" means a plan for marketing natural products, and includes a plan submitted to the Manitoba council for approval as provided in this regulation, and also includes a plan approved by the Manitoba council and established by order of the Lieutenant Governor in Council as provided in the Act; (« programme ») "producer" means (a) in the case of agricultural produce grown, raised, or harvested within the province, the person who grows, raises, or harvests the produce, (b) in the case of fish caught within the province the person who catches the fish, and (c) in the case of forest products grown or harvested within the province, the person who grows or harvests the products, and includes the employer of any such person, a person who under any lease or agreement is entitled to a share of the natural product of a producer thereof, and a person who takes possession of any natural product from the producer thereof under any form of security for a debt; (« producteur ») "producer board" means a producer board established under Part II of the Act; (« organisation ») "regulated product" means any natural product the regulation of the marketing of which is provided for in a regulation; (« produit réglementé ») "regulation" means regulations made under the Act. (« règlement ») Application 2 This regulation applies to every plan or scheme approved under the Act or under any previous Act dealing with natural products marketing before this regulation comes into force, and also applies to every board, commission, or marketing agency constituted under the Act, or under any previous Act dealing with natural products marketing, before this regulation came into force. Application for plan 3 Any group of producers may apply, as provided herein, to the Manitoba council for the approval of a plan for marketing natural products, and the plan may include provision for the establishment of a producer board or a marketing commission, and for the taking of a vote, election, or referendum on the plan. Plan approval 4 Applications for approval of a plan shall be made to the secretary of the Manitoba council. 5 In considering an application for approval of a plan, the Manitoba council may require the applicant to show cause why the plan should be put into effect. Powers of council 6(1) The Manitoba council may (a) investigate, arbitrate, adjust, or otherwise settle, any dispute between producers or between persons engaged in processing, distributing, or transporting, any regulated product, or between producers and any such persons; (b) investigate the cost of producing, processing, and marketing any natural product, and also prices, price spreads, trade practices, methods of financing, management policies, and other matters relating to the marketing of natural products; (c) require any producer or any person engaged in the marketing of a regulated product to register his name, address, and occupation with the Manitoba council, or with a producer board, or with a marketing commission, and to furnish such information with regard to the regulated product as the Manitoba council or the producer board, or the marketing commission may require; (d) appoint persons to inspect the books, records, and premises of any person to whom clause (c) applies; (e) stimulate, increase, and improve, the marketing of regulated products by such means as it may deem proper; (f) co-operate with a marketing board, a producer board, a marketing commission, or a marketing agency in any other province established under any Act similar to The Natural Products Marketing Act , for the purpose of marketing any regulated product; (g) do such acts, make such orders, and issue such directions, as are necessary to enforce the due observance and carrying out of the Act and this regulation or any plan. 6(2) The Manitoba council may (a) require each producer board or marketing commission to file with the Manitoba council a true copy of (i) all minutes, orders and directions of the producer board or marketing commission, (ii) all reports of annual operations, (iii) all annual financial statements and audited reports, (iv) all agreements made between the producer board or marketing commission and a marketing agency, and (v) such further statements and reports as the Manitoba council may require from the producer board or marketing commission; (b) require the following information to be published and provided to producers of the regulated product: (i) the annual statement of operations of a producer board or marketing commission, (ii) the financial report of a producer board or marketing commission, (iii) the amount of any compensation, remuneration or disbursement, including per diem payments and reimbursement for expenses, made by a producer board or marketing commission to each chairman, officer or member of the board or commission; (c) determine the manner in which and the times at which, or within which, copies of minutes, orders, directions, reports, statements and information shall be filed with the Manitoba council, provided to producers or published, as the case may be, under clause (a) or (b). M.R. 308/87 Plan approval procedures 7(1) The Manitoba council may submit the matter of the approval of a plan for the control and regulation of the marketing of any natural product, to a vote of the class of producers of that natural product designated in the plan or in the regulations as the class of producers entitled to a vote thereon, or to a vote of that class of producers of that regulated product entitled to vote thereon in that part of the province to which the plan is to apply. 7(2) Where the matter of the approval of a plan is submitted to a vote as provided in subsection (1), the Manitoba council may approve the plan if the number of persons voting in favour of the approval and establishment of the plan is not less than 51% of all persons voting. 7(3) Where the matter of the approval of a plan is not submitted to a vote of the producers entitled to vote thereon as provided in subsection (1), the Manitoba council may, nevertheless, recommend the approval or rejection of the plan. 7(4) Where the matter of the approval of a plan has been submitted to a vote as provided in subsection (1), and the number of producers voting in favour of approval thereof is less than that required under subsection (2), the matter of the approval of the plan shall not again be submitted to a vote of the producers of that regulated product during the two years next following the date on which the vote on the plan is taken under subsection (1). 7(5) Where the Manitoba council receives from producers of a regulated product a request for the revocation of the plan applicable to the regulated product, if it is satisfied that the producers requesting the revocation represent not less than 10% of all producers of the regulated product and designated in the plan as entitled to vote thereon, the Manitoba council shall investigate the matter, and may submit to a vote of the producers of the designated product entitled to vote thereon the matter of the revocation of the plan. 7(6) Where a producer board or a marketing commission requests that an amendment be made to a plan, or that an amendment be made to the regulations in force with respect to the marketing of the regulated product to which the plan applies, the Manitoba council may require a vote to be taken by the producers of the designated product entitled to vote thereon. 7(7) Where the Manitoba council, for any reason it deems sufficient, considers that a plan that is in force should again be submitted to a vote of the producers of the designated product to which the plan applies, it may again submit the plan to a vote of the producers of that regulated product entitled to vote thereon as provided in subsection (1). 7(8) The Manitoba council shall determine the qualifications of those who may vote with respect to the approval of any proposed plan that is submitted to a vote of producers as provided in this section, or who may vote with respect to the revocation or amendment of any such plan; but no person who is not a producer engaged in the production of the product that is to be regulated under the proposed plan or of the regulated product to which the plan applies, shall be allowed to vote. 7(9) Where a vote is taken under this section it may be taken by mail or in such other manner as the Manitoba council directs. 7(10) Where the Manitoba council has given its approval to a proposed plan, or to the amendment or revocation of an existing plan, it shall forthwith submit to the minister a full report on the matter, including its recommendations with respect thereto, and also its request that the Lieutenant Governor in Council act thereon and establish, amend, or revoke the proposed plan or the existing plan, as the case may be. Additional powers of the council 8 Without limiting the generality of any provision of the Act, or of any other provision of this regulation, the Manitoba council has the following additional powers: (a) to regulate the time and place at which, and to designate the agency by or through which, any regulated product may be packed, stored or marketed; (b) to regulate the manner of distribution, the quantity and quality, grade, or class of the regulated product that may be transported, packed, stored, or marketed, by any person at any time; and to prohibit, in whole or in part, the transportation, packing, storage, or marketing of any grade, quality, or class, of any regulated product; (c) to exempt from any regulation, direction, or order, any producer or class of producers, or any person or class of persons engaged in the packing, transporting, storing or marketing, of any regulated product or of any class, variety, or grade of any regulated product; (d) to require any producer of a regulated product, and any other person engaged in the packing, transporting, storing, or marketing, of a regulated product, to register his name with the Manitoba council, and to obtain a licence from it authorizing him to engage in the production, or in the packing, transporting, storing, or marketing of the regulated product, as the case may be; (e) to fix and collect yearly, half-yearly, quarterly, or monthly, from any producer of a regulated product, or from any other person engaged in the packing, transporting, storing, or marketing of a regulated product, licence fees or charges for services rendered by the Manitoba council; (f) for the purpose of exercising the powers granted under clause (e), to classify producers and other persons to whom clause (e) applies into groups, and to fix the licence fees and direct charges, or either of them, payable by members of the different groups; (g) to recover from the person by whom they are payable licence fees and direct charges, or either of them, by suit in any court of competent jurisdiction; (h) to cancel or suspend any licence for violation of any provision of a plan or of any order of the Manitoba council or of the regulations, and to reinstate any licence so cancelled or suspended; (i) to require full information relating to the production, packing, transporting, storing, and marketing, of any regulated product from all producers and other persons engaged therein, and to require from any such person periodic information in such form as the Manitoba council may determine, and to inspect the books and premises of any such person; (j) to fix the price or prices, maximum price or prices, minimum price or prices, or both maximum and minimum prices, at which a regulated product of any grade or class thereof, may be bought or sold in the province, and to fix different prices for different parts of the province; (k) to require the person in charge of any vehicle in which a regulated product could be transported to permit any inspector of the Manitoba council to search the vehicle; (l) to seize and detain any regulated product kept, transported, packed, stored, or marketed, or suspected of being kept, transported, packed, stored, or marketed in violation of the Act or regulations or of any order of the Manitoba council, and to take and retain samples thereof; (m) to use, in carrying out the purposes of a plan and in paying the expenses of the Manitoba council, any moneys received by the council; (n) to make such orders, rules, and regulations as are deemed by the Manitoba council to be necessary or advisable to control and regulate effectively the transportation, packing, storing, or marketing, of a regulated product, and to amend or revoke any such orders, rules, or regulations; (o) to prohibit any person from engaging in the marketing of any regulated product except under the authority of a licence granted by the Manitoba council; (p) to require the furnishing of security or proof of financial responsibility by any person engaged in the marketing of a regulated product, and to provide for the administration and disposition of any moneys or securities so furnished; (q) to provide for the fixing and allotment of quotas for any regulated product, and for the marketing of any regulated product on a quota basis, and for prohibiting any producer from marketing any of the regulated products in excess of the quota allotted to him; (r) to conduct inquiries and investigations with respect to any plan or proposed plan. 9(1) The Manitoba council shall supervise the work of inspectors appointed under subsection 34(1) of the Act for the purpose of enforcing the Act and regulations. 9(2) The certificate of identification of inspectors appointed as provided in subsection 34(2) of the Act shall be in the form set out in the Schedule. 9(3) An inspector detaining a regulated product under the Act may attach thereto a numbered detention tag, approved by the Manitoba council, and no person shall sell, offer for sale, move, allow or cause to be moved, the regulated product or any part thereof so detained, or remove the detention tag without the written authority of the inspector or of the Manitoba council. 9(4) Within 24 hours after placing a regulated product under detention, the inspector shall deliver or mail to the packet, shipper, owner, or person in possession or control of the regulated product, a duly completed notice of detention form. 9(5) Where the inspector is satisfied that the regulated product that has been placed under detention complies with the Act and any regulations made thereunder, he may release the regulated product by issuing a duly completed notice of release form. 10 The Manitoba council may perform any function or duty, and exercise any power, imposed or conferred upon it by or under any Act of Parliament or any Act of the Legislature of any province of Canada with reference to the marketing of a natural product. SCHEDULE Front Province of Manitoba DEPARTMENT OF AGRICULTURE INSPECTOR'S IDENTIFICATION Back INSPECTOR'S IDENTIFICATION THIS IS TO CERTIFY THAT_____________________________________ has been duly appointed as INSPECTOR under The Natural Products Marketing Act _____________________ Minister of Agriculture.