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C.C.S.M. c. M130
The Milk Prices Review Act
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HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 In this Act,
"commission" means the Manitoba Milk Prices Review Commission; (« Commission »)
"consumer" means a person who receives or purchases or offers to receive or purchase fluid milk or dairy products for his own use or for the use of his family or household or any use other than resale or manufacture directly or indirectly; (« consommateur »)
"cost of production formula" means a formula established pursuant to this Act by which the price of milk sold by a producer or the producer board for use as fluid milk is determined; (« formule du coût de production »)
"dairy plant" means a place where milk or cream is received for the purpose of being pasteurized, standardized, or otherwise processed; (« usine laitière »)
"dairy products" means milk, cream, condensed milk, evaporated milk, sterile milk, milk powder, butter, cheese, ice cream, ice milk, dried whey, condensed whey, casein, sodium caseinate, yogurt, or any other substance made wholly or mainly from milk; (« produits laitiers »)
"distributor" means a person who distributes or sells, or offers to distribute or sell, fluid milk or dairy products for consumption, either on his premises or elsewhere, or for processing, manufacture or resale; (« distributeur »)
"fluid milk" means milk, including milk lawfully reconstituted, wholly or in part from milk powder, with a butterfat content not exceeding 8% of the weight thereof, whether or not it is processed by the addition thereto or the subtraction therefrom of any substance, and sold by a manufacturer, processor, distributor, retailer, jobber or a producer for ultimate consumption as milk; (« lait liquide »)
"jobber" means a person who purchases fluid milk or dairy products from a manufacturer or processor and sells fluid milk or dairy products to retailers, or to consumers by home delivery; (« intermédiaire »)
"Manitoba Council" means the Manitoba Farm Products Marketing Council established under The Farm Products Marketing Act; (« Conseil manitobain »)
"manufacturer or processor" means any person engaged in the business of processing milk or dairy products or using milk or dairy products in manufacturing or processing within the province; (« fabricant ou préparateur »)
"manufacturing or processing" means changing the nature, form or condition of milk or dairy products and includes packaging; (« fabrication ou transformation »)
"milk" means the normal secretion obtained from the mammary gland of a cow; (« lait »)
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)
"producer" means a person who produces milk from his own herd or stock, or from a herd or stock managed by him, and supplies or sells that milk; (« producteur »)
"producer board" means The Manitoba Milk Producers' Marketing Board established under The Farm Products Marketing Act; (« Office des producteurs »)
"retailer" means a person who sells fluid milk or dairy products on a retail basis to consumers. (« détaillant »)
2(1) "The Manitoba Milk Prices Review Commission" is continued as a body corporate.
2(2) The Lieutenant Governor in Council shall appoint not less than five or more than seven members to the commission and the members shall hold office for such term as may be fixed by the Lieutenant Governor in Council and thereafter until their successors are appointed.
2(3) The Lieutenant Governor in Council shall appoint one member as chairperson of the commission and one member as vice-chairperson thereof.
2(4) The members of the commission may be paid such remuneration and out-of-pocket expenses as may be authorized by the Lieutenant Governor in Council.
2(5) A majority of the members of the commission constitutes a quorum thereof for the transaction of any business of the commission and where there is a quorum present at a duly constituted meeting of the commission, a decision of the majority of the members present is a decision of the commission.
2(6) [Repealed] S.M. 1992, c. 19, s. 3.
3(1) The commission has such powers and duties as are specified in this Act and is responsible for the administration of this Act and the regulations and for those purposes
(a) shall for the purpose of enforcing its orders and the regulations, gather information relative to the costs of the production, processing and distribution of fluid milk;
(b) may require persons who supply, distribute, process, keep for sale or sell fluid milk or dairy products to provide the commission with complete information relating to the cost of producing, transporting, storing, processing, packaging and marketing of fluid milk or dairy products including the allocation of direct and overhead costs to fluid milk and other products;
(c) during regular hours may inspect the books and premises relating to the supply, distribution, processing or sale of fluid milk or dairy products of any person referred to in clause (b);
(d) shall monitor and hear complaints relating to the prices of fluid milk at any level;
(e) shall make such inquiries and conduct such investigations as may be required by the minister relative to this Act; and
(f) may investigate and study systems of distribution of fluid milk and dairy products and the conditions of the dairy industry in Manitoba or elsewhere and report thereon to the minister.
3(2) The commission shall, from time to time, by order, establish a cost of production formula which reflects the cost of producing milk for use as fluid milk in Manitoba including a reasonable return on investment to the producers of milk.
3(3) The commission shall from time to time monitor the cost of production formula and, by order, fix the price at which milk may be sold by a producer or the producer board for use as fluid milk so that the price equals, as nearly as possible, the cost of producing the milk as set out in the formula established under subsection (2).
3(4) In fixing the price under subsection (3), the commission shall, by order, establish a pricing system on the basis of any one or more of the following:
(a) the butterfat content of the milk;
(b) the protein content of the milk;
(c) any other solid component content of the milk;
(d) the fluid measure of the milk.
3(5) The commission shall monitor prices of fluid milk charged by distributors, jobbers, manufacturers, processors and retailers and may by order do any one or more of the following things:
(a) establish the minimum or maximum price or both minimum and maximum prices at which fluid milk shall be sold by distributors, jobbers, manufacturers, processors or retailers;
(b) establish types of fluid milk for the purpose of regulating the selling price thereof;
(c) establish the areas in the province within which the prices established under clause (a) shall apply.
3(6) In establishing minimum or maximum prices or both under subsection (5), the commission shall take into account
(a) the cost of the milk to the distributor, manufacturer, jobber, retailer or processor as determined by the formula established under subsection (2), the cost of processing, handling, packaging or distributing the milk, the allocation of direct and overhead costs to fluid milk and other dairy products and the cost of retailing; and
(b) the need to provide consumers with a continuous supply of fluid milk at reasonable prices;
and may establish such prices in respect of any quantity of fluid milk and express those prices in relation to fluid measure or butterfat content or otherwise.
3(7) Any person who is dissatisfied with the price of fluid milk in any given locality or in the province generally, may apply to the commission in writing
(a) to review the maximum price or minimum price so fixed by it under subsection (5); or
(b) to fix maximum prices or minimum prices, or both, under that subsection.
3(8) Any person who is dissatisfied with
(a) a cost of production formula established under subsection (2); or
(b) a pricing system established under subsection (4);
may apply to the commission in writing for a review of the formula or the pricing system, and the establishment of a new formula or pricing system, as the case may be.
3(9) On receipt of an application under subsection (7) or (8), the commission shall conduct such inquiries as it deems necessary and for those purposes may authorize one or more members of the commission to conduct any inquiry on its behalf; and a member, where so authorized, has all the powers of the commission for the purpose of taking evidence or acquiring the necessary information for the commission.
3(10) Following an inquiry on an application under subsection (7), the commission shall either make an order under subsection (5) or by order refuse the application.
3(11) Following an inquiry on an application under subsection (8), the commission shall either make an order establishing a new formula or pricing system, or by order refuse the application.
3(12) For the purpose of carrying out its duties and exercising its powers under this Act, the commission may prescribe its own rules of procedure.
4(1) A producer or the producer board or any person aggrieved by an order made under section 3, may appeal the order to the Manitoba Council by a notice in writing served on the Council within 30 days from the date of the order that is the subject of the appeal.
4(2) Upon receipt of an appeal under subsection (1), the Manitoba Council shall fix a date, time and place not later than 15 days from the date of the receipt of the appeal, for considering the appeal and shall notify the commission and the appellant of the date, time and place so fixed.
4(3) On the date, time and place so fixed, the Manitoba Council shall consider the appeal and the parties to the appeal have a right to be present at the hearing, to make presentations and to be represented by counsel; and the Manitoba Council is not bound by the rules of evidence in conducting a hearing of an appeal.
4(4) Any person intending to make a presentation to the Manitoba Council with respect to minimum or maximum prices of fluid milk, or both, may prior to the hearing of the appeal request the commission for information on the costs and profits of producers, distributors, manufacturers, jobbers, retailers or processors, and the commission shall, within three days of receiving the request, provide such information as it may have in its possession in consolidated statistical form without identifying the costs or profits of any of the parties by name.
4(5) Where the Manitoba Council is satisfied that a public hearing of an appeal made under subsection (1) is likely to adversely affect the interests of any of the parties to the appeal, it may decide to take evidence from that party in camera.
4(6) Upon completion of the consideration of an appeal made under subsection (1), the Manitoba Council shall, by order, within five days of the completion thereof,
(a) dismiss the appeal and confirm the order appealed against; or
(b) grant the appeal in whole or in part and require the commission to make such further order as the Manitoba Council considers just and reasonable;
and the disposition of the appeal by the Manitoba Council is final and binding and is not subject to any further appeal in any court of law.
R.S.M. 1987 Supp., c. 24, s. 5.
5 For the purpose of hearing an appeal or making any inquiry or investigation under this Act the Manitoba Council and the commission respectively have like powers and protection as are conferred upon commissioners appointed under Part V of The Manitoba Evidence Act.
6(1) No person shall sell fluid milk at prices and in areas contrary to the prices established by the commission under subsection 3(5).
6(2) No person shall, except with the prior written authorization of the commission,
(a) give to a consumer in a transaction involving fluid milk a discount, rebate or premium in either money or kind, or use or adopt in such transaction any method, plan, system or device, which results or is likely to result in
(i) an advantage or gain of any kind, direct or indirect, for or to the consumer, or
(ii) an alteration of the price of the fluid milk paid by the consumer; or
(b) sell fluid milk in combination with any other commodity in such manner that the price of the fluid milk is merged with the price of the other commodity; or
(c) make any gift or donation of fluid milk to anyone in the course of and as a part of the person's commercial operation.
8(1) Where it is made to appear from material filed or evidence adduced that an offence against this Act or any order or regulation made under this Act has been or is being committed by a person, the Court of Queen's Bench or any judge thereof, may upon the application of the commission, make an order prohibiting the person from acting in contravention of the Act or the regulations, whether or not any penalty has been imposed for the contravention; and the court on application by any person may vary or discharge the order.
8(2) The application of the commission made under subsection (1) may be made, without any action being instituted, by an originating notice of motion which shall be served within five days and returnable within 10 days from the date of the filing of the notice.
R.S.M. 1987 Supp., c. 24, s. 7.
9(1) Every person who violates any provision of this Act or the regulations or any order made under this Act is guilty of an offence, and is liable on summary conviction to a fine of not less than $500. or more than $5,000.
9(2) Where a corporation is guilty of an offence under this Act, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in, or participated in the commission of the offence, is a party to and guilty of the offence and is liable to the penalties set out in subsection (1).
R.S.M. 1987 Supp., c. 24, s. 8.
10(1) For the purpose of carrying out the provisions of this Act according to their intent, the commission may make such regulations as are ancillary thereto and are not inconsistent therewith; and every regulation made under and in accordance with the authority granted by this section, has the force of law; and without restricting the generality of the foregoing the commission may make regulations
(a) prescribing the records, books, and accounts to be kept by the manufacturers or processors, and persons who supply, distribute, and keep for sale or sell fluid milk or dairy products and requiring those persons to furnish to the commission such information as the commission may require in respect of any part of their operations, in such form as the commission may require;
(b) prescribing the form of orders and other forms to be used for the purpose of this Act.
10(2) Any regulation or order made under this Act may be general in its application or may be limited to any locality or localities or to any person or to any branch of the dairy industry mentioned therein.
R.S.M. 1987 Supp., c. 24, s. 9; S.M. 1992, c. 19, s. 6.
13 Such officers and employees as may be required for the proper administration of this Act and the regulations and the efficient discharge of the duties of the commission shall be appointed as provided in The Civil Service Act.
14 Payment of all expenditures for the carrying out of this Act may be made from the Consolidated Fund with moneys authorized under an Act of the Legislature to be paid and applied for the purposes of this Act.
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