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C.C.S.M. c. F47

The Farm Products Marketing Act

(Assented to July 6, 2001)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART 1

INTRODUCTORY PROVISIONS

DEFINITIONS

Definitions

1           In this Act,

"board" means a producer board established by regulation under section 3; (« office »)

"Canada Act" means an Act of the Parliament of Canada with purposes similar to those of this Act; (« loi fédérale »)

"Canada board" means a board, commission or agency established under a Canada Act, and includes the Governor General in Council; (« office fédéral »)

"commission" means a marketing commission established by regulation under section 3; (« commission »)

"extra-provincial board" means a Canada board or a board, commission or agency established under an Act of the Legislature of another province with purposes similar to those of this Act; (« office extraprovincial »)

"farm product" means a product of agriculture or of a forest, lake or river, and includes an article, including food or drink, that is wholly or partly derived or processed from such a product; (« produit agricole »)

"inspector" means an inspector appointed under section 22; (« inspecteur »)

"Manitoba council" means the Manitoba Farm Products Marketing Council; (« Conseil manitobain »)

"marketing"

(a) means selling, offering for sale, preparing for sale, buying, storing, grading, assembling, packing, transporting, processing, advertising or financing, and

(b) includes any other function or activity that the Lieutenant Governor in Council designates as marketing by regulation; (« commercialisation »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act; (« ministre »)

"person" includes a partnership or an unincorporated association; (« personne »)

"plan" means a plan established under section 3; (« programme »)

"processing"

(a) means changing the nature, form, size, shape, quality or condition of a farm product, and

(b) includes any function or activity that the Lieutenant Governor in Council designates as processing by regulation; (« transformation »)

"producer" means a person who produces a farm product, and

(a) in the case of agricultural produce, means the person who grows or harvests it, and

(b) in the case of livestock, means the person who raises or keeps it, slaughters it or prepares it for slaughter or skins it,

and includes a person who takes possession of a farm product from a producer under any form of security for a debt; (« producteur »)

"regulated product" means a farm product for which a plan is established. (« produit réglementé »)

PURPOSE

Purpose

2           The purposes of this Act are to provide for

(a) the promotion, regulation and management of the production and marketing of farm products in Manitoba, including the prohibition of all or part of that production and marketing; and

(b) the establishment or continuation of a council responsible for the matters under this Act and The Agricultural Producers' Organization Funding Act.

S.M. 2013, c. 48, s. 2.

PART 2

ESTABLISHING A PLAN

Establishing a plan

3(1)        The Lieutenant Governor in Council may, by regulation,

(a) establish a plan to provide for the promotion, regulation and management of the production or marketing, or both, of a farm product within the province;

(b) establish either a board or a commission to operate and administer the plan under the supervision of the Manitoba council;

(c) if the plan is to be administered by a board, provide for the way in which elections of members are to be conducted;

(d) if the plan is to be administered by a commission, appoint the members of the commission and name one of them as the chairperson;

(e) provide that the plan is to apply to all of Manitoba or only certain parts of Manitoba;

(f) if the plan is to apply to only parts of Manitoba, describe those parts of Manitoba to which the plan will apply;

(g) exempt any quantity, quality, variety, class or grade of the farm product from the plan;

(h) exempt specified producers or other persons — or classes of producers or other persons — from the plan;

(i) permit the board or commission to process a regulated product or to market a regulated product either as principal or agent;

(j) authorize the board or commission to pay remuneration to its members;

(k) do any other thing the Lieutenant Governor in Council considers necessary or advisable for the operation of a plan.

Amendment or repeal

3(2)        The Lieutenant Governor in Council may amend or repeal a regulation made under this section when it considers it advisable to do so.

Members of a board

4(1)        Unless the plan provides otherwise, every member of a board must be a producer of the farm product for which the plan is established and must be elected by and from the producers of the farm product.

Interim members

4(2)        The Lieutenant Governor in Council may appoint interim members of a board to hold office until members are elected to take their place.

Corporate status

5           A board or commission established under a plan is a corporation.

PART 3

OPERATING A PLAN

Regulations by boards and commissions

6(1)        To enable a board or commission to operate a plan, the Lieutenant Governor in Council may, by regulation, authorize a board or commission to make regulations and orders

(a) fixing the prices, or the maximum prices or minimum prices or both, at which a regulated product may be sold;

(b) requiring persons who produce or market a regulated product to provide the board or commission with any information or record relating to the production or marketing of the regulated product that the board or commission considers necessary;

(c) determining the time and place at which, and designating the agency through which, a regulated product must be marketed;

(d) requiring producers or persons who market a regulated product to register with or obtain a licence from the board or commission, and providing for the following:

(i) the term of registrations or licences,

(ii) the fees that may be charged for registrations or licences,

(iii) the suspension, cancellation and reinstatement of registrations or licences;

(e) exempting from a regulation or order a person or class of persons who produce or market a regulated product, or a quantity, quality, variety, class or grade of a regulated product;

(f) providing for the assessment and collection of fees, levies and penalties from producers of a regulated product;

(g) requiring a person who receives a regulated product for marketing from a producer to deduct from the money payable by the person to the producer any fees, levies or penalties payable by the producer to the board or commission and to remit them to the board or commission;

(h) controlling the quantity, quality, variety, class or grade of a regulated product that may be marketed or produced by imposing penalties on producers;

(i) prohibiting the marketing or production of a quantity, quality, variety, class or grade of a regulated product;

(j) requiring that the production or marketing, or both, of a regulated product be conducted pursuant to a quota;

(k) governing, with respect to producers,

(i) the fixing and allotting of quotas,

(ii) the increase or reduction of quotas,

(iii) the cancelling of quotas, and

(iv) the refusal to fix and allot quotas,

for the production or marketing, or both, of a regulated product on any basis the board or commission considers appropriate;

(l) providing for the equalization or adjustment of returns received by producers of a regulated product by conducting product purchase programs or by imposing fees, levies or penalties on producers, or otherwise, during the periods the board or commission may determine, and setting aside reserves for that purpose;

(m) providing for the operation of a pool for distributing to producers all money received from the sale of the regulated product, but only after deductions are made for disbursements and expenses respecting the operation of the pool and any reserves approved by the Manitoba council;

(n) providing for the use of fees, levies and penalties imposed by the board or commission to

(i) establish or assist in establishing programs to prevent or control plant or animal diseases that may impact on the regulated product, including providing assistance to the owner of a plant or animal quarantined, treated, destroyed or disposed of in the interest of the producers of a regulated product or in the public interest, and

(ii) initiate, encourage, support and conduct programs and research into any aspect contributing to the production, quality or market development of a regulated product.

Conditions

6(2)        When giving an authorization under subsection (1), the Lieutenant Governor in Council may

(a) prescribe conditions or restrictions; or

(b) limit the authority of the board or commission;

with respect to the making of regulations or orders by the board or commission under that authorization.

Lieutenant Governor in Council may amend or repeal

7           The Lieutenant Governor in Council may amend or repeal any regulation or order made by a board or commission or the Manitoba council.

Co-operation with extra-provincial boards

8           With the minister's approval, a board or commission may co-operate or act in co-operation with an extra-provincial board in the marketing of the regulated product.

Procedural rules

9           Subject to this Act, a board or a commission may make rules governing its procedure.

Collection of fees, levies and penalties

10          A fee, levy or penalty imposed on a producer by a board or commission is a debt due by the producer to the board or commission.

Costs of operation

11          The costs incurred by a board or a commission must be paid out of money the board or commission raises by fees, levies or penalties imposed on producers or out of any other money payable to it.

PART 4

MANITOBA FARM PRODUCTS MARKETING COUNCIL

Manitoba Farm Products Marketing Council

12(1)       The Manitoba Natural Products Marketing Council is continued under the name "Manitoba Farm Products Marketing Council".

Members

12(2)       The Manitoba council is to consist of at least 6 but not more than 11 persons appointed by the Lieutenant Governor in Council.

Chair and vice-chair

12(3)       The Lieutenant Governor in Council must designate one of the members of the Manitoba council as the chair and another as the vice-chair.

Authority of vice-chair

12(4)       The vice-chair has the authority of the chair if the chair is absent or unable to act, if the office of the chair is vacant or when authorized by the chair.

S.M. 2013, c. 48, s. 2.

Quorum and majority decision

12.1        A majority of the Manitoba council members in office is a quorum. A decision of the majority of the Manitoba council members present at a meeting or conducting a hearing is a decision of the Manitoba council.

S.M. 2013, c. 48, s. 2.

Staff

13          Any officers or employees required to conduct the business of the Manitoba council may be appointed in accordance with The Civil Service Act.

Responsibilities of the Manitoba council

14          The Manitoba council is responsible for the following:

(a) advising the minister about the establishment and operation of boards and commissions;

(b) supervising the operation of boards and commissions;

(c) conducting votes on plans and the establishment of boards or commissions, when required by the regulations or by the minister;

(d) enforcing the regulations;

(e) supervising the work of inspectors;

(f) performing any other duties and functions necessary to exercise the authority given to it under this Act or the regulations, or The Agricultural Producers' Organization Funding Act;

(g) carrying out any other duty assigned to it by the minister.

S.M. 2013, c. 48, s. 2.

Supervisory powers

15          The Lieutenant Governor in Council may make regulations

(a) providing for a proposed plan to be submitted to a vote under the Manitoba council's supervision, and designating the class of producers of the farm product entitled to vote;

(b) respecting the manner in which the Manitoba council is to supervise the operation and management of boards and commissions;

(c) vesting in the Manitoba council any powers and duties that the Lieutenant Governor in Council considers necessary to ensure that the council can properly supervise the operation and management of boards and commissions.

Procedural rules

16          The Manitoba council may make rules for the management of its affairs and for the practice and procedure to be observed in matters before it, including appeals under Part 5.  The rules may also authorize the chair or other officer or member to sign council documents.

Co-operation with extra-provincial boards

17          With the minister's approval, the Manitoba council may co-operate or act in co-operation with an extra-provincial board in the marketing of a regulated product.

Regulations

18          The Manitoba council may make regulations requiring boards, commissions, producers and persons who market a regulated product to provide the council with information and records relating to the production or marketing of the regulated product.

PART 5

APPEALS

Appeal to Manitoba council

19(1)       Any person affected by a regulation, order or decision made by a board or commission may appeal to the Manitoba council, but only if the person has first asked the board or commission to review the matter and the board or commission has refused to grant the relief requested.

Notice of appeal

19(2)       An appeal must be commenced by a written notice given to the Manitoba council within 60 days after the regulation, order or decision is made, or within any longer period that the council considers appropriate.

What the notice must contain

19(3)       The notice of appeal must contain a statement of the matter being appealed and the name and address of the appellant, and must be accompanied by the fee prescribed in the regulations.

Hearing

20(1)       Subject to subsection (3), the Manitoba council must hold a hearing for each appeal.

Notice of the hearing

20(2)       The Manitoba council must give written notice of the date, time and place of the hearing to the appellant and the board or commission whose regulation, order or decision is being appealed.

Decision to not hold a hearing

20(3)       The Manitoba council may decide not to hold a hearing if it thinks that

(a) the subject matter of the appeal is trivial or the appeal is not made in good faith or is frivolous or vexatious; or

(b) the appellant does not have a sufficient personal interest in the subject matter of the appeal.

Part V of Evidence Act powers

20(4)       The members of the Manitoba council have the powers of commissioners under Part V of The Manitoba Evidence Act.

Right to counsel

20(5)       The appellant and the board or commission may appear and be represented by counsel at a hearing.

Rights of interested persons

20(6)       Any person who has a direct interest in the subject matter of the appeal is to be given an opportunity to make representations at the hearing and may be represented by counsel.

Board or commission to provide information

20(7)       The board or commission whose regulation, order or decision is being appealed must promptly provide the Manitoba council with every regulation, order or decision and every other document relevant to the matter being appealed.

New evidence

20(8)       In addition to receiving the evidence presented at the hearing, the Manitoba council may receive new evidence that was not presented at the hearing if the parties are advised of the new evidence and given an opportunity to respond to it.

Decision on the appeal

21(1)       After a hearing, the Manitoba council may, by order,

(a) dismiss the appeal; or

(b) direct the board or commission to repeal or rescind the regulation, order or decision about which the appeal was made, either fully or partly, to the extent the council considers appropriate.

Notice of decision

21(2)       The Manitoba council must give the appellant and the board or commission a copy of its order, together with written reasons for the decision.

Establishing panels of the Manitoba council

21.1(1)     The chair may

(a) establish panels of the Manitoba council, each comprising one or more council members, to determine matters before the Manitoba council under this Part, or to perform or exercise other duties, functions or powers of the Manitoba council under this Part;

(b) terminate an appointment to a panel;

(c) fill a vacancy on a panel;

(d) refer a matter that is before the Manitoba council under this Part to a panel or a matter that is before a panel to another panel; and

(e) assign a duty or function of the Manitoba council under this Part to a panel or from one panel to another.

Panel chair

21.1(2)     If the chair establishes a panel comprising more than one member, the chair must designate one of those members as chair of the panel.

Majority decision of panel

21.1(3)     A decision of the majority of the members of a panel is a decision of the panel.

Powers of panels

21.1(4)     A panel has all the powers of the Manitoba council necessary to determine the matter or perform or exercise the duties, functions or powers in respect of which the panel was established.

Decision of panel is a decision of the Manitoba council

21.1(5)     A decision of a panel about any matter being decided by it is a decision of the Manitoba council about the matter.

Section 12.1 does not apply

21.1(6)     Section 12.1 does not apply in relation to a panel established under this section.

S.M. 2013, c. 48, s. 2.

PART 6

ENFORCEMENT

INSPECTION

Appointing inspectors

22(1)       The minister may appoint any person as an inspector for the purpose of this Act.

Certificate

22(2)       The minister must provide an inspector with a certificate of appointment.

Certificate to be produced

22(3)       An inspector carrying out a responsibility under this Act must produce his or her certificate of appointment when requested to do so.

Entry and inspection

23(1)       An inspector may, at any reasonable time and when required to determine compliance with this Act or the regulations or orders made under this Act,

(a) enter and inspect any place in which the inspector believes on reasonable grounds a regulated product is produced or marketed;

(b) stop any vehicle in which the inspector believes on reasonable grounds a regulated product is transported;

(c) open any container that the inspector believes on reasonable grounds contains a regulated product;

(d) examine any farm product and conduct any tests or analyses or take samples;

(e) take photographs of the place or vehicle and any equipment or other thing located in that place or vehicle; and

(f) require any person to produce for inspection and copying any record or other document that the inspector believes on reasonable grounds contains any information relevant to the administration of this Act or the regulations or orders made under this Act.

Assistance to inspector

23(2)       The owner or person in charge of a place or vehicle entered or inspected by an inspector under this section, and any person found in that place or vehicle, must

(a) give the inspector all reasonable assistance to enable the inspector to carry out his or her responsibilities; and

(b) give the inspector any information the inspector may reasonably require.

No obstruction

23(3)       No person shall obstruct or hinder, or make a false or misleading statement to, an inspector who is carrying out duties or functions under this Act or the regulations.

Driver of vehicle must stop

23(4)       When an inspector signals or requests a person driving a vehicle to stop, the person must immediately bring the vehicle to a stop and must not proceed until permitted to do so by the inspector.  The driver must also take the vehicle to any place specified by the inspector so that all or part of the cargo may be unloaded and detained there.

Records

23(5)       An inspector may remove any records or documents that he or she is entitled to examine and copy but must give a receipt to the person from whom they were taken and promptly return them when the examination is completed.

Warrant to enter a dwelling place

24(1)       An inspector may not enter a dwelling place except with the occupant's consent or under the authority of a warrant.

Authority to issue warrant

24(2)       A justice who is satisfied by information on oath that

(a) the conditions for entry described in subsection 23(1) exist in relation to a dwelling place;

(b) entry to the dwelling place is necessary for a purpose relating to the administration of this Act or the regulations or orders made under this Act; and

(c) entry to the dwelling place has been refused or there are reasonable grounds to believe that entry will be refused;

may at any time issue a warrant authorizing the inspector and any other person named in the warrant to enter the dwelling place, subject to any conditions that may be specified in the warrant.

SEIZURE

Warrant to enter and seize

25(1)       A justice who is satisfied by information on oath that there are reasonable grounds to believe that

(a) an offence under this Act or the regulations or orders made under this Act has been committed or is being committed; and

(b) there is to be found in any place or vehicle a regulated product or other thing that will afford evidence in respect of the commission of an offence;

may at any time issue a warrant authorizing an inspector and any other person named in the warrant to enter and search the place or vehicle for the regulated product or other thing, and to seize and detain it.

Use of force

25(2)       An inspector and any other person named in the warrant may use whatever reasonable force is necessary to execute the warrant, and may call on a police officer for assistance in executing the warrant.

Additional seizure powers

25(3)       An inspector who executes a warrant may seize and detain — in addition to a regulated product or other thing mentioned in the warrant — any regulated product or other thing which the inspector believes on reasonable grounds is being used to commit the offence or is evidence of the offence.

Where warrant not necessary

25(4)       An inspector may exercise any of the powers mentioned in this section without a warrant if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practical to obtain a warrant.

STORAGE, SALE AND DISPOSAL OF SEIZED PRODUCTS

Storage of seized products

26(1)       A regulated product or other thing seized and detained under section 25 may be stored by an inspector, or by a person designated by an inspector, in the place where it was seized or it may, at the inspector's discretion, be removed to any other place for storage.

Sale of perishable products

26(2)       An inspector who seizes a perishable regulated product or other thing may dispose of or destroy it.  Any proceeds realized from its disposition, with interest to be paid at a rate fixed from time to time by the Lieutenant Governor in Council, must be held pending the outcome of the proceedings.

Disposal of products after proceedings

26(3)       When proceedings in respect of a seized regulated product or other thing have been finally resolved, the regulated product or other thing, or the proceeds of sale and accumulated interest referred to in subsection (2),

(a) are forfeited to the Crown, if the accused has been convicted; and

(b) shall be turned over or paid to the person who is lawfully entitled to possession, if the accused has been acquitted or the prosecution has not proceeded.

Disposal of forfeited products

26(4)       A regulated product or other thing that has been forfeited under clause (3)(a) shall be disposed of as directed by the minister.  But when sale proceeds and accumulated interest are forfeited, the money is to be turned over to the Minister of Finance to be paid into the Consolidated Fund.

COURT ORDER

Court order

27(1)       If the Manitoba council or a board or commission is of the opinion that a person is not complying with this Act or a regulation or order made under this Act, the council, board or commission may apply to the Court of Queen's Bench for an order directing that person to comply.

Council approval required

27(2)       A board or commission may apply to the Court under subsection (1) only with the approval of the Manitoba council.

Powers of court

27(3)       On hearing an application, the Court may do one or more of the following:

(a) direct a person to comply with the Act, regulation or order;

(b) direct a person to cease carrying out any action that does not comply;

(c) give any direction it considers necessary in order to ensure compliance;

(d) make the order subject to any terms or conditions the Court considers appropriate.

OFFENCES

Offence and penalty

28(1)       A person who contravenes this Act or a regulation or order made under this Act, is guilty of an offence and is liable on summary conviction,

(a) in the case of an individual, to a fine of not more than $5,000. for a first offence and $10,000. for a subsequent offence; and

(b) in the case of a corporation, to a fine of not more than $10,000. for a first offence and $25,000. for a subsequent offence.

Directors and officers of corporations

28(2)       When a corporation is guilty of an offence, a director or officer of the corporation who authorized, permitted or acquiesced in the offence is also guilty of the offence, and is liable on summary conviction to the penalty for the offence provided in this section, whether or not the corporation has been prosecuted or convicted.

Presumption about farm product

29          In a prosecution for an offence under this Act or a regulation or order made under this Act, it shall be presumed, in the absence of evidence to the contrary, that the farm product in respect of which the prosecution is instituted

(a) is a regulated product; or

(b) was produced in an area of the province to which the Act, regulation or order in respect of which the prosecution was instituted applies.

Evidence as to orders and decisions

30          A copy of an order or decision of the Manitoba council or a board or commission that is certified to be a true copy by a member of the Manitoba council, board or commission is admissible in evidence in any action, proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original order or decision.

PART 7

GENERAL PROVISIONS

Exercise of powers under Canada Act

31          With the minister's approval, the Manitoba council, a board or commission may perform a function or duty and exercise a power imposed or conferred on it by or under a Canada Act, with reference to the promotion, regulation and management of the marketing of a farm product.

Exercise of powers by Canada board

32          With the approval of the Lieutenant Governor in Council, a Canada board may promote, regulate and manage the marketing of a farm product locally within the province.  For that purpose, it may exercise the powers like the powers it may exercise respecting production or marketing under the Canada Act under which it is established.

Agreement for coordinated marketing

33(1)       The Manitoba council, a board or commission may enter into an agreement for the coordinated marketing of a regulated product with the government of Canada or another province, an agency of either of them, or an extra-provincial board.

Terms of agreement

33(2)       An agreement may provide for the pooling of revenue, and may authorize the board or commission to exercise, on behalf of the government of Canada or any of its agencies, any power relating to inter-provincial or export marketing of a regulated product that the board or commission may exercise in relation to intra-provincial marketing.

Regulations by Lieutenant Governor in Council

34          The Lieutenant Governor in Council may make regulations

(a) prescribing fees payable respecting an appeal under Part 5;

(b) dissolving a board or commission on any terms and conditions the Lieutenant Governor in Council considers appropriate and providing for the disposition of its assets;

(c) vesting the assets of a board or commission and imposing its obligations on another board or commission.

S.M. 2005, c. 42, s. 13.

Protection from legal action

35          No member, officer, employee or representative of the Manitoba council or of a board or commission is personally liable for anything done in good faith in the performance or intended performance of a duty, or in the exercise or intended exercise of a power under this Act or the regulations or orders made under this Act, or for any neglect or default in the performance or exercise in good faith of the duty or power.

PART 8

TRANSITIONAL, CONSEQUENTIAL, REPEAL AND COMING INTO FORCE

TRANSITIONAL

Transitional: definition of "former Act"

36(1)        In this section, "former Act" means The Natural Products Marketing Act, R.S.M. 1987, c. N20.

Members of Manitoba council

36(2)        A person who was a member or officer of the Natural Products Marketing Council under the former Act immediately before the coming into force of this Act continues to be a member or officer of the Farm Products Marketing Council under this Act until a successor is appointed.

Plans, boards and commissions

36(3)        Every plan, board and commission operating under the former Act immediately before the coming into force of this Act continues under this Act.

Regulations and orders

36(4)       Every regulation and order made by the Manitoba council or by a board or commission under the former Act continues under this Act and may be enforced as if made under this Act.

Licences and registrations

36(5)       Every regulation and order concerning licensing or registration made by a board or commission under the former Act is validated and declared to have been lawfully made if

(a) it was in force immediately before the coming into force of this Act; and

(b) it would have been valid had this Act been in force when it was made.

37 to 42    

NOTE: These sections contained consequential amendments to other Acts that are now included in those Acts.

REPEAL AND COMING INTO FORCE

Repeal

43          The Natural Products Marketing Act, R.S.M. 1987, c. N20, is repealed.

C.C.S.M. reference

44          This Act may be cited as The Farm Products Marketing Act and referred to as chapter F47 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

45          This Act comes into force on the day it receives royal assent.

 

 


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