INTERPRETATION

Definitions

1(1)   The following definitions apply in this Order.

"dairy plant" means a place where milk is received for the purpose of being processed into a dairy product.

"plan" means the Dairy Farmers of Manitoba Marketing Plan Regulation, Manitoba Regulation 89/2004.

Definitions in plan apply

1(2)   Terms and expressions defined in the plan have the same meaning in this Order as they have in the plan unless they are otherwise defined in this Order.

REGISTRATION

Registration required

2   Subject to subsection 28(1) of the plan, a person must not produce raw milk or market it to a dairy plant unless the person is a registered producer.

Registration eligibility

3(1)   In order to be eligible to become a registered producer,

(a) in the case of an individual, the individual must be a resident and have been allotted or be entitled to be allotted a quota;

(b) in the case of a partnership,

(i) the partnership must have been allotted or be entitled to be allotted a quota, and

(ii) each member of the partnership must be a resident and be an immediate family member of every other member of the partnership; and

(c) in the case of a corporation,

(i) the corporation must have been allotted or be entitled to be allotted a quota, and

(ii) each voting and controlling share of the corporation must be legally and beneficially owned by a resident who is an immediate family member of every other shareholder of the corporation.

Definition of "resident"

3(2)   In this section, "resident" means a person

(a) who is legally entitled to be resident in Canada; and

(b) who

(i) makes their home in Manitoba and is physically present in Manitoba for at least 183 days in a calendar year, or

(ii) the board is satisfied intends to make their home in Manitoba and be physically present in Manitoba for at least 183 days in the calendar year after registration.

Application for registration

4(1)   An individual, partnership or corporation who is eligible under section 3 may apply to the board for registration as a milk producer or for renewal of their registration.

Content

4(2)   An application for registration or the renewal of a registration must

(a) be made and submitted in the form and manner required by the board;

(b) be signed by the applicant; and

(c) include any fees determined by the board from time to time.

Registration expiry

5   A registration that is approved or renewed under this Order expires on March 31 in the third year after the registration is approved or renewed.

Registration terminated

6   The board may terminate a registration if the registrant ceases to be eligible to be registered under section 3 or submitted false or misleading information in their application.

Effect of failure to renew registration

7   A registered producer who fails to renew their registration is not entitled to receive a payment under section 17 of the plan until they renew their registration.

Changes to registration

8   A registered producer must notify the board of any changes to the information submitted in their application for registration within six months after the change.

PROCESSORS

Processor licence required

9   A person must not operate a dairy plant unless the person holds a processor licence for the dairy plant.

Licence application

10(1)   A person may apply to the board for a processor licence. The application must be submitted in the form and manner required by the board and include

(a) proof of financial responsibility;

(b) a surety bond satisfactory to and as required by the board; and

(c) any fees determined by the board.

Additional information

10(2)   After reviewing an application for a processor licence, the board may request any additional information from the applicant that the board considers necessary before making a determination on the application.

GENERAL PROVISIONS

Transitional — registered milk producers

11(1)   A registered milk producer under the Registration and Licensing Order, Manitoba Regulation 226/84, is considered to be, on the coming into force of this section, a registered producer under this Order and their registration is deemed to expire on March 31 of the third year after the registration was first approved or renewed.

Transitional — manufacturers and processors

11(2)   A manufacturer or processor who holds a valid licence for a milk plant under the Registration and Licensing Order, Manitoba Regulation 226/84, on the day before this section comes into force is deemed to hold a processor licence for a dairy plant at those premises on the day this Order comes into force.

Repeal

12   The Registration and Licensing Order, Manitoba Regulation 226/84, is repealed.

Coming into force

13   This Order comes into force on the day it is registered under The Statutes and Regulations Act.