CNLR 1184/96 - Newfoundland and Labrador Chicken Marketing Scheme under the Natural Products Marketing Act

CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 1184/96 Newfoundland and Labrador Chicken Marketing Scheme under the Natural Products Marketing Act (O.C. 96-940) Amended by: 22/97 10/00 12/00 83/00 2001 c42 s45 46/04 3/08 CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 1184/96 Newfoundland and Labrador Chicken Marketing Scheme under the Natural Products Marketing Act (O.C. 96-940) CNLR 1184/96 ; 2001 c42 s45 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 board 5. Power and authority of board 6. Enforcement of order 7. Repeal Short title 1. This Order may be cited as the Newfoundland and Labrador Chicken Marketing Scheme. 54/80 s1; 2001 c42 s45 Back to Top Definitions 2. In this Order (a) "Act" means the Natural Products Marketing Act ; (b) "board" means the Agricultural Products Marketing Board; (c) "chicken" means a live chicken 6 months of age or less produced from the egg of the domestic hen and which has not been raised for egg production; (d) "commodity board" means the Chicken Farmers of Newfoundland and Labrador continued under subsection 4(1); (e) "inspector" means an inspector appointed by the minister under subsection 8(1) of the Act or under the Poultry and Poultry Products Act; (f) "processor" means a person who slaughters, dresses or changes the nature of chicken by mechanical or another means and in appropriate cases shall include the commodity board; (g) "producer" means a person engaged in the raising or growing of chicken for commercial use and having a raising or growing capacity of 45 square metres or more; (g.1) "production licence" means a licence issued by the commodity board to a producer with the assent of the minister authorizing the producer to engage in the raising and growing of a specified amount of quota in the province for commercial use; (g.2) "production quota" means the number of kilograms in live weight of chicken that a producer may produce in the province and market in intra-provincial, interprovincial or export trade during a specified period of time under a production licence; (g.3) "quota" means quota issued to the province as represented by the Crown under the federal-provincial scheme and agreement for the supply management for chicken to which the province is a party and under which the province as represented by the minister has the authority under the Natural Products Marketing Act to make provision under the Newfoundland and Labrador Chicken Marketing Scheme for the allotment of chicken production privileges in the province by one or more producers; (h) "registered producer" means a producer who is registered with the board under paragraph 9(1)(k) of the Act; and (i) "vehicle" means a motor vehicle, wagon, railway car, ship or another means of transportation in which chicken may be transported. 54/80 s2; 82/84 s1; 12/00 s1 ; 2001 c42 s45 ; 3/08 s1 Back to Top 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 chicken within the province including the prohibition of production or marketing of chicken. (2) This Order shall apply to all producers and processors engaged in the production or marketing of chicken. 54/80 s3 Back to Top Name and constitution of board 4. (1) There shall be a commodity board known as the Chicken Farmers of Newfoundland and Labrador , and the Newfoundland and Labrador Chicken Marketing Board is continued under the name of the Chicken Farmers of Newfoundland and Labrador . (1.1) The Chicken Farmers of Newfoundland and Labrador shall consist of no less than 3 and no more than 5 members to be appointed by the minister and the commodity board shall have the authority to administer this Order. (2) Subject to this Order, the members of the commodity board shall hold office during pleasure of the minister. (3) The first members of the commodity board shall be appointed for one year and are eligible for reappointment. (4) Rep. by 10/00 s2 (5) Rep. by 10/00 s2 (6) The minister shall appoint the chairperson and vice-chairperson of the commodity board for a term which the minister may, in his or her discretion, determine. (7) Notwithstanding subsection (6), the term of the chairperson or vice-chairperson shall immediately expire if, for any reason, he or she ceases to be a member of the commodity board. (8) The vice-chairperson of the commodity board shall exercise the powers of the chairperson during his or her absence for any cause. (8.1) The chairperson and the vice-chairperson of the commodity board shall be the Newfoundland and Labrador representative and alternate, respectively, to the Chicken Farmers of Canada. (9) A quorum shall consist of a majority of the members of the commodity board. (10) Rep. by 10/00 s2 (11) 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 a majority of the members of the commodity board by giving one week's notice in writing to the others. (12) Meetings shall be held at the time and place fixed by the chairperson or, in his or her absence, the vice-chairperson. (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) When a vacancy occurs in the commodity board by reason of death, resignation or removal of a member, or for another cause, the minister may appoint a person to the commodity board to fill the vacancy. (15) The board may recommend to the minister the removal from office of a member of the commodity board who is convicted of an offence under the Act or regulations or orders made under it. (16) 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. (17) Notwithstanding that it is discovered that there was some defect in the appointment or qualification of a person purporting to be a member of the commodity board, all acts of the commodity board shall be as valid as if that defect had not existed. (18) The operating year of the commodity board shall be the calendar year. (19) The commodity board shall be a body corporate. (20) The commodity board shall have perpetual succession and a common seal, and may sue and be sued in a court. 54/80 s4; 10/00 s1 ; 83/00 s1 ; 2001 c42 s45 ; 46/04 s1 ; 3/08 s2 Back to Top Power and authority of board 5. (1) The commodity board shall promote, regulate and control the production and marketing of chicken by producers and processors and may (a) exercise and discharge the following powers of the board under subsection 9(2) of the Act, that is to say, (i) subject to the prior approval of the board, co-operate with the Government of Canada or a province of Canada or a department, agency, board, council or 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 produce or market or promote, facilitate, control, regulate or prohibit the production or marketing of chicken and to act, or cause to act, conjointly with any government, department, agency, board, council or body, (ii) subject to the prior approval of the board, enter into an agreement with any or all of the governments, departments, agencies, boards, councils or bodies referred to in subparagraph (i) for any or all of the purposes referred to in that subparagraph, including the agreements referred to in the Farm Products Marketing Agencies Act (Canada), (iii) receive, from a source, lands, buildings, money or other property by way of gift or trust for public use or for the use of the commodity board; and (b) exercise and discharge the following powers, functions and duties under section 12 of the Act, that is to say, (i) subject to the prior approval of the board, exempt from this Order a producer or processor or class of producers or processors, (ii) subject to the prior approval of the board, require producers or processors to provide the information that the commodity board may require, (iii) subject to the prior approval of the board, provide for the fixing, imposing and collecting of levies or service charges to be paid by producers for the production or marketing of chicken, (iv) require the person in charge of a vehicle thought to be conveying chicken to stop the vehicle and to permit an inspector or other person appointed by the commodity board for the purpose to inspect the vehicle and its contents, (v) seize, detain and dispose of chicken produced or marketed in violation of this Order, in the circumstances and subject to the conditions that the commodity board may determine, (vi) provide for the licensing of producers engaged in the production or marketing of chicken and fix the licensing fees payable by the producers at different amounts and provide for the payment of the licence fees in instalments, (vii) provide the form of licences and the terms and conditions upon which licences may be issued, refused, renewed, suspended or revoked, (viii) prohibit producers from engaging in the production or marketing of chicken except under the authority of a licence, (ix) provide for the refusal to issue a licence to engage in the production or marketing of chicken where the applicant is not qualified by experience, financial responsibility or equipment to engage properly in the business for which the application was made, or for another reason that the commodity board considers proper, (x) require the provision of security or proof of financial responsibility by a producer engaged in the production or marketing of chicken and provide for the administration, forfeiture and disposition of money or securities so provided, (xi) provide for (A) the production or marketing of chicken by producers on a quota basis, (B) the fixing and allotting to producers of quotas for the production or marketing of chicken on the basis that the commodity board considers proper, (C) the refusing to fix and allot to a producer a quota for the production or marketing of chicken that the commodity board considers proper, (D) the cancelling or reducing of, or the refusing to increase, a quota fixed and allotted to a producer for the production or marketing of chicken that the commodity board considers proper, and (E) the terms and conditions upon which a producer may produce or market chicken in excess of the quota fixed and allotted to him or her, (xii) prohibiting (A) a producer to whom a quota has not been fixed and allotted for the production or marketing of chicken or whose quota has been cancelled from producing or marketing chicken, and (B) a producer to whom a quota has been fixed and allotted for the production or marketing of chicken from producing or marketing chicken in excess of the quota, (xiii) require and prescribe returns, accounts, records and statements to be made by licensed producers, 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, (xiv) inspect the books and premises of persons engaged in the production of chicken, (xv) provide that service charges or licence fees, or a part of the charges or fees, are made payable to the commodity board and that the commodity board may use the money thus received for the purpose of carrying out the provisions of this Order for which the commodity board is constituted, (xvi) stimulate, increase and improve the production or marketing of chicken for the purpose of carrying out this Order, (xvii) subject to the prior written approval of the minister, adopt, determine or set fair minimum or maximum prices for the marketing of chicken, (xviii) establish a price negotiating agency consisting of 2 members of the commodity board, 2 members of the management of Newfoundland and Labrador Farm Products Corporation and a chairperson to be mutually agreed upon and to be appointed by the minister, and the agency shall recommend to the commodity board the price to be paid by Newfoundland and Labrador Farm Products Corporation for live chicken purchased from producers, (xix) subject to the prior approval of the board, 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 carrying out the acts that may be necessary to implement and to enable any persons or agency referred to in the agreement to implement a plan contemplated by the agreement, (xx) subject to the prior approval of the board, purchase, lease or otherwise acquire and sell and dispose of real and personal property, borrow money upon security and do other things that may be necessary or desirable to implement the provisions of this Order. (2) The commodity board shall (a) keep at its head office a register containing the names, addresses and quotas of licensed producers and other information that it shall consider necessary; and (b) maintain an official list of the names and addresses of all licensed producers for inspection by a licensed producer during regular business hours and shall send an up-to-date copy of the official list to a licensed producer on request. (3) Subject to the approval of the board, the commodity board shall (a) establish the offices that are considered necessary for the purpose of carrying out this Order; (b) appoint and prescribe the terms and conditions of employment of a secretary-manager and other officers and employees that are considered necessary; (c) establish and fix the wages, salaries and remuneration of the chairperson, members, secretary-manager and other officers and employees; (d) appoint a certified accountant to audit its accounts annually; and (e) bring into operation not later than 3 months after this Order has been gazetted by-laws for the conduct of its business affairs. (4) Notwithstanding the other powers given the commodity board in this order, the commodity board shall not, without the prior written approval of the minister have the authority to: (a) issue quota, or an interest in quota or production quota or an interest in production quota or a production licence to a person; (b) transfer, mortgage, charge, encumber, or assign quota, or an interest in quota or production quota or an interest in production quota or a production licence; or (c) permit a person to transfer, mortgage, charge, encumber, or assign quota, or an interest in quota or production quota or an interest in production quota or a production licence. 54/80 s5; 112/80 s2; 64/81 s3; 22/97 s1 ; 12/00 s2 ; 2001 c42 s45 Back to Top Enforcement of order 6. (1) The commodity board may make the orders, directions or regulations that are necessary to enforce the due observance and carrying out of the provisions of this Order. (2) All orders, directions and regulations made by the commodity board under subsection (1) shall be published in the Gazette and shall have effect from the date of publication or a later date that may be stated in the order, direction or regulation. 54/80 s6 Back to Top Repeal 7. The Newfoundland Chicken Marketing Scheme, 1980, Newfoundland Regulation 54/80, is repealed. ©Earl G. Tucker, Queen's Printer