S.M. 1988-89, c. 18
Bill 29, 1st Session, 34th Legislature
The Cattle Producers Association Amendment Act
(Assented to December 20, 1988)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The Cattle Producers Association Act is amended in the manner set out in this Act.
Section 1 is amended
(a) by repealing the definition of "producer" and substituting the following:
"producer" means a person who raises cattle in Manitoba, or the designated representative of that person; («éleveur»)
(b) by repealing the definition of "registered producer"; and
(c) by adding the following definitions in alphabetical order within the section:
"designated representative" means any individual, designated by a member that is a corporation or a partnership, to attend meetings of the association and to vote on behalf of the corporation or partnership; («représentant désigné»)
"information reporter" means any person who is engaged in the cattle or beef industry and includes producers, buyers, sellers, drovers, auctioneers, shippers, transporters, processors and retailers of cattle or beef; («préposé aux registres»)
"livestock dealer" means any person who buys cattle or who acts as an agent for the sale of cattle, and includes drovers and auctioneers; («marchand de bestiaux»)
"member" means a person who is a member of the association; («membre»)
Section 2 is amended
(a) by striking out "a voluntary organization" and substituting "an organization"; and
(b) by adding "production and" after "improved".
Subsection 3(2) is amended by striking out "registered producers" and substituting "persons who are producers and who are members or designated representatives".
Sections 6 and 7 are repealed and the following is substituted:
The association may
(a) advertise and promote the cattle and beef industry and gather, compile, publish, distribute and furnish information with respect to the cattle and beef industry;
(b) initiate, sponsor and encourage research into the production and marketing of cattle;
(c) encourage by education, information, advertising and promotion the marketing of uniformly high quality cattle and the expansion of markets for cattle;
(d) co-operate with any organization having a similar purpose which is or may be established in Manitoba or any other province or territory of Canada;
(e) enter into agreements with other organizations having similar or related purposes in order to carry out its purposes; and
(f) subject to this Act, do such acts as may be necessary or advisable to administer this Act effectively, and to promote and to assist producers in the production and marketing of cattle in Manitoba.
The association shall not engage in the production, purchase, sale, or processing of cattle on its own behalf or exercise any of its powers in a manner contrary to this Act or the administration by-law referred to in section 10.
The board may make regulations requiring information reporters
(a) to maintain books and records in relation to the production or marketing of cattle or beef, containing such information as the board may reasonably require for the purpose of achieving the objects and exercising the powers of the association; and
(b) to submit to the association such information relating to the production or marketing of cattle or beef as the board may reasonably require.
The board may make regulations imposing fees payable to the association by a seller of cattle other than a seller of cattle who
(a) has advised the association in writing that such seller does not wish to financially support the association; and
(b) provides each purchaser of cattle at the time of sale, with the authorization number obtained by the seller pursuant to subsection (3).
The board may make regulations providing for the collection and remission of fees by a livestock dealer.
Any regulation imposing fees made pursuant to this section shall provide that
(a) a seller of cattle may obtain from the association an authorization number; and
(b) no livestock dealer shall deduct from the proceeds payable to a seller of cattle any fee imposed under the regulation upon being advised by the seller at the time of sale, of the authorization number of the seller.
An authorization number obtained from the association shall be valid until the person to whom it is assigned requests that it be cancelled.
No regulation imposing fees in excess of $1. for each head of cattle sold by a seller is valid or enforceable unless approved by an annual or special general meeting of the association.
The following affairs of the association shall be regulated by the administration by-law:
(a) membership in the association;
(b) the designation of designated representatives;
(c) the establishment of districts;
(d) the method of calling and holding district meetings, and annual general and special general meetings of the association, and meetings of directors;
(e) the election of directors, the term of office of directors, and the filling of vacancies on the board;
(f) the appointment of officers and committees;
(g) matters relating to the conduct of meetings and voting at meetings;
(h) the limitation of liability of directors and officers;
(i) the remuneration and reimbursement for expenses of directors, officers, and members of committees;
(j) the execution of instruments;
(k) borrowing and banking arrangements;
(m) the establishment of a head office;
(n) the fixing of a fiscal year end;
(o) the appointment of auditors;
(p) such other matters relating to the organization and democratic control of the association and to the administration of this Act.
Notwithstanding the provisions of the existing administration by-law passed on January 16, 1984, the directors may, by resolution made within 90 days after this Act comes into force, amend or repeal and replace the existing administration by-law.
The directors shall submit a resolution referred to in subsection (1) to those individuals present and entitled to vote at the first annual or special general meeting of the association held after the resolution is made, and those individuals may by ordinary resolution confirm, reject or amend the resolution.
At any annual general meeting or special general meeting of the association, the administration by-law may be repealed, amended or re-enacted by resolution of those individuals present and entitled to vote.
Notice of a resolution referred to in subsection (1), shall
(a) be mailed to those individuals entitled to attend and vote not later than 30 days before the date of the meeting; and
(b) set out the effect of the proposed amendment, repeal, or re-enactment.
Where notice of the resolution is given in accordance with subsection (2), an affirmative vote of 60% of those individuals present and voting on the resolution is required to repeal, amend or re-enact the administration by-law.
Where notice of the resolution is not given, or is not given within the time specified in clause (2)(a), the unanimous vote of those individuals present and voting on the resolution is required to repeal, amend or re-enact the administration by-law.
The Corporations Act does not apply to the association.
This Act comes into force on the day it receives the royal assent.