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The Natural Products Marketing Act
This is an unofficial archived version of The Natural Products Marketing Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.

R.S.M. 1987, c. N20

The Natural Products Marketing Act

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

Definitions.

1

In this Act,

"extra-provincial Act" means an Act of the Parliament of Canada, or an Act of a Legislature of another province, with objects similar to those of this Act; ("loi extra-provinciale")

"extra-provincial board" means any board, commission, or agency constituted under an extra-provincial Act; ("conseil extra-provincial")

"inspector" means an inspector appointed under this Act; ("inspecteur")

"livestock" means cattle, sheep, swine, poultry, fur bearing animals and bees; ("animaux de ferme")

"Manitoba council" means The Manitoba Natural Products Marketing Council; ("Conseil manitobain")

"marketing" means selling, or offering for sale, processing, buying, purchasing or offering to buy or purchase and includes advertising, packing, storage, shipping, and transportation, within the province, but does not include packing and storage by a producer on his premises; ("commercialisation")

"marketing commission" means a marketing commission established under Part III; ("régie de commercialisation")

"natural product" means

(a) agricultural produce grown or harvested within the province and livestock raised, kept, prepared for slaughter, slaughtered or skinned within the province,

(b) fish caught within the province, and

(c) forest products grown or harvested within the province,

and includes any product of a natural product or of the processing of that product or of a natural product; ("produit naturel")

"plan" means a plan established by the Lieutenant Governor in Council pursuant to clause 29(a) to provide for the promotion, regulation and control within the province of the marketing of a natural product; ("programme")

"processing" includes changing the nature, form, size, shape, quality or condition of a natural product by mechanical, chemical or any other means; ("traitement")

"producer board" means a producer board established under Part II; ("organisation de producteurs")

"producer" means

(a) in the case of agricultural produce grown or harvested within the province, the person who grows or harvests the agricultural produce and in the case of livestock raised, kept, prepared for slaughter, slaughtered or skinned within the province, the person who raises, keeps, prepares for slaughter, slaughters or skins the livestock,

(b) in the case of fish caught within the province, the person who catches the fish, and

(c) in the case of forest products grown or harvested within the province, the person who grows or harvests the products;

and includes the employer of any such person, a person who under any lease or agreement is entitled to a share of the natural product of a producer thereof, and a person who takes possession of any natural product from the producer thereof under any form of security for a debt; ("producteur")

"regulated product" means any natural product the regulation of the marketing of which is provided for in a regulation; ("produit réglementé")

"sale" means sale within the province. ("vente")

PART I

MANITOBA COUNCIL

Manitoba Natural Products Marketing Council.

2(1)

The Manitoba Natural Products Marketing Council, consisting of not less than three persons appointed by the Lieutenant Governor in Council is hereby continued.

Chairman and vice-chairman.

3

The Lieutenant Governor in Council shall appoint one of the members of the Manitoba council to be chairman and one of the members to be vice-chairman thereof.

Remuneration of members.

4

Each member of the Manitoba council may be paid such remuneration for his services as may be fixed by the Lieutenant Governor in Council; and, in addition, may be paid for any expenses incurred by him in discharging his duties as a member of the council approved by the Minister of Finance.

Officers and employees.

5

Such officers and employees as are necessary for the proper administration of the Manitoba council may be appointed as provided in The Civil Service Act.

Co-operation with extra-provincial boards.

6

The Manitoba council may co-operate or act in co-operation with an extra-provincial board in the marketing of any regulated product.

Duties and functions of Manitoba council.

7

The Manitoba council shall

(a) advise the Minister of Agriculture and the Minister of Mines and Natural Resources on all matters relating to the establishment, operation, and control of producer boards and marketing commissions, and relating to plans;

(b) supervise the operation of producer boards and marketing commissions;

(c) enforce the regulations and supervise the work of inspectors;

(d) conduct votes, elections, and referendums on plans and the establishment of producer boards or marketing commissions as may be required by the regulations or by the Minister of Agriculture or the Minister of Natural Resources;

(e) perform such other duties and functions and exercise such authority as may be given to it under the regulations; and

(f) perform such other duties and functions related to the marketing of natural products, producer boards and marketing commissions as the Minister of Agriculture or the Minister of Natural Resources may require.

Fees, etc.

8(1)

Subject to the approval of the Lieutenant Governor in Council, the Manitoba council may impose on and collect from any producer board or marketing commission a fee or charge to cover the cost of supervising its operation and enforcing any regulations administered by it.

Fees as debts.

8(2)

Any fee or charge imposed under subsection (1) is a debt due by the producer board or marketing commission, as the case may be, to the Manitoba council.

Costs.

9

So far as is practical, the costs incurred by the Manitoba council in supervising the operations of producer boards and marketing commissions and enforcing the regulations shall be paid from and out of moneys raised by fees and charges imposed under section 8.

Appeal to Manitoba council.

10(1)

Any person affected by a decision, directive or order made or given by a producer board or marketing commission may, upon the payment of such fees as may be prescribed in the regulations, appeal the decision, directive or order to the Manitoba council.

Notice of appeal.

10(2)

An appeal made under subsection (1) shall be commenced by a written notice to the Manitoba council within 30 days of the date on which the appellant first has notice of the decision, directive, or order appealed.

Hearing on appeal.

10(3)

The Manitoba council shall hold a hearing on each appeal to it under this section, and the appellant and the producer board or marketing commission whose decision, directive, or order is appealed, shall be given notice of the time and place of the hearing and may appear and be represented by counsel.

Disposition of appeal.

10(4)

Upon completion of the hearing of an appeal under subsection (3), the Manitoba council shall within a reasonable time thereafter

(a) dismiss the appeal and confirm the decision, directive or order of the producer board or marketing commission, as the case may be; or

(b) by order strike out the decision, directive or order of the producer board or marketing commission, as the case may be, in whole or in part to the extent necessary to grant the whole or part of the appeal.

Order for compliance.

10(5)

Where under subsection (4), the Manitoba council makes an order and the person to whom the order is directed fails, refuses or neglects to observe or comply with the order or any of its terms or conditions, the Manitoba council may apply to a judge of the Court of Queen's Bench for an order requiring the person to comply with the order made by the Manitoba council.

Rules of procedure.

11

Subject to this Act and the regulations, the Manitoba council may make rules governing its procedure.

Regulations.

12

The Manitoba council may make regulations requiring producers or any person engaged in the marketing of any regulated product to make reports or returns respecting the production and marketing of the regulated product.

PART II

PRODUCER BOARDS

Establishment of producer boards.

13(1)

The Lieutenant Governor in Council may, by regulation, provide for the establishment of a producer board to administer, under the supervision of the Manitoba council, regulations respecting the marketing of a regulated product.

Election of members.

13(2)

The Lieutenant Governor in Council shall provide, by regulation, for the election of the members of the producer board by and from the producers of the regulated product who sell through the producer board, and for the manner of conducting the elections.

Provisional members.

13(3)

Notwithstanding subsection (2), the Lieutenant Governor in Council may appoint provisional members of a producer board to hold office until members are elected to take their place.

Corporate status.

14

Upon being established, a producer board is a body corporate.

Appointment of agents.

15

Subject to the approval of the Manitoba council, a producer board may appoint an agent to carry out or perform certain functions or duties respecting the marketing or processing of the regulated product under its jurisdiction.

Co-operation with extra-provincial boards.

16

A producer board may co-operate or act in co-operation with an extra-provincial board or a marketing commission or another producer board in the marketing of the regulated product.

Rules of procedure.

17

Subject to this Act and the regulations, a producer board may make rules governing its procedure.

Costs.

18

All costs incurred by a producer board shall be paid from and out of moneys raised by the producer board by fees, levies, penalties or charges imposed on producers.

Processing.

19

A producer board may process any regulated product under its jurisdiction for the purpose of making it more suitable for marketing.

PART III

MARKETING COMMISSIONS

Establishment of marketing commissions.

20

The Lieutenant Governor in Council may by regulation establish a marketing commission to administer, under the supervision of the Manitoba council, regulations respecting the marketing of a regulated product.

Members of marketing commission.

21

The Lieutenant Governor in Council shall, appoint persons to be members of any marketing commission established under subsection (1), and shall appoint one member on each marketing commission to be chairman of the marketing commission.

Corporate status.

22

Upon being established, a marketing commission is a body corporate.

Milk Control Board may be appointed.

23

The Lieutenant Governor in Council may establish The Milk Control Board of Manitoba as constituted under The Milk Prices Review Act, as a marketing commission within the meaning of this Act.

Appointment of agents.

24

Subject to the approval of the Manitoba council, a marketing commission may appoint an agent to carry out or perform certain functions or duties respecting the marketing or processing of a regulated product under its jurisdiction.

Co-operation of extra-provincial boards.

25

A marketing commission may co-operate or act in co-operation with an extraprovincial board or a producer board or another marketing commission in the marketing of the regulated product.

Rules of procedure.

26

Subject to this Act and the regulations, a marketing commission may make rules governing its procedure.

Costs.

27

All costs incurred by a marketing commission shall be paid from and out of moneys raised by the marketing commission by fees, levies, penalties or charges imposed on producers.

Processing.

28

A marketing commission may process any regulated product under its jurisdiction for the purpose of making it more suitable for marketing.

PART IV

GENERAL

Regulations.

29

For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order 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 Lieutenant Governor in Council may make regulations and orders,

(a) providing for the establishment of a plan;

(b) establishing producer boards and marketing commissions to administer regulations and vesting in those boards and commissions any powers or rights deemed necessary or advisable to enable the boards or commissions to administer the regulations effectively;

(c) providing for the election of members of producer boards;

(d) authorizing producer boards and marketing commissions to pay remuneration to the members of the boards or commissions;

(e) providing for the submission of a plan to a vote, and designating the class of producers of that natural product, or of that variety, kind, grade, or class thereof, who may vote on the plan;

(f) exempting or authorizing a producer board or marketing commission to exempt from any regulation, producers or any person engaged in the marketing of any regulated product, or any class, variety or grade thereof, or any class of producers or purchasers of a regulated product, as he deems necessary for the proper operation of a plan;

(g) requiring producers or any person engaged in the marketing of a regulated product to register with, or obtain licences from, a producer board, or a marketing commission and providing for the term of such registration or licences, prescribing fees that may be charged for such registration or licences, and respecting the cancellation or suspension, and the reinstatement, of any such registration or licence;

(h) prescribing the manner in which the Manitoba council may supervise the operation and management of producer boards and marketing commissions and vesting in the Manitoba council such powers or rights as the Lieutenant Governor in Council may deem necessary for the proper supervision of the operation and management of producer boards and marketing commissions;

(i) authorizing any producer board or marketing commission to conduct a pool for the distribution of all moneys received from the sale of a regulated product and requiring the producer board or marketing commission, after deducting all necessary and proper disbursements and expenses, and after making such allowances for reserves as may be approved by the Manitoba council, to distribute the remainder of the moneys received from the sale in such a manner that every producer receives a share of the remainder of the moneys received from the sale relative to the quantity, quality, variety, grade, class, or size, of the regulated product delivered by him, and authorizing the producer board or marketing commission to make an initial payment on delivery of the regulated product and subsequent payments until all the remainder of the moneys received from the sale is distributed to the producer;

(j) prescribing certificates or other means of identification for inspectors;

(k) authorizing producer boards and marketing commissions to market a regulated product either as principals or agents;

(l) vesting the assets and imposing the obligations of a producer board or marketing commission in and upon another such board or commission;

(m) dissolving a producer board or marketing commission on such terms and conditions as the Lieutenant Governor in Council may deem proper and providing for the disposition of its assets;

(n) authorizing a producer board, marketing commission, or extra-provincial board

(i) to conduct programs to equalize or adjust returns received by producers from the marketing of a regulated product by conducting surplus removal programs, imposing fees, charges or levies on producers, or otherwise, and

(ii) to use any fees, charges or levies imposed by it pursuant to this clause for the creation of reserves, the payment of expenses and losses resulting from the sale or disposal of any regulated product, or the equalization or adjustment among producers of any regulated product of moneys realized from the sale thereof during such period or periods of time as the producer board, marketing commission or extra-provincial board may determine.

Producer boards may make regulations.

30(1)

Without restricting the generality of clause 29(b), a regulation made by the Lieutenant Governor in Council under that section may vest in any producer board or marketing commission or extra-provincial board subject to such terms and conditions as the Lieutenant Governor in Council may impose, the power to make regulations, orders and directives with respect to any of the following matters:

(a) fixing minimum prices, or maximum prices, or both maximum prices and minimum prices, or a price, at which a regulated product under its jurisdiction, or any variety, class, or grade, thereof may be sold at any marketing level;

(b) requiring a producer of, or any person engaged in marketing, a regulated product under its jurisdiction, to report to it any information respecting the marketing of the regulated product;

(c) determining the time and place at which, and the agency through which, the regulated product, or any variety, class, or grade thereof, shall be marketed;

(d) determining the quantity, quality, variety, class, or grade, of the regulated product that may be marketed at any time or place;

(e) imposing fees, levies and charges payable to it, or on its behalf, on producers of any regulated product under its jurisdiction, and providing for the collection as its agent of such fees, levies and charges and the remission thereof to it, by any person engaged in marketing the regulated product;

(f) determining the quantity, class or variety of pullets or laying hens that may be raised or kept at any time or in any place by a person engaged in the production of pullets or eggs; or

(g) controlling

(i) the quantity, quality, variety, class or grade of a regulated product under its jurisdiction that may be marketed by imposing penalties on producers, or

(ii) the quantity, class or variety of pullets and laying hens that may be raised or kept at any time or in any place by a person engaged in the production of pullets or eggs by imposing penalties on those persons.

Fee, levy, penalty or charge constitutes a debt.

30(2)

Any fee, levy, penalty or charge imposed on a producer by a producer board or a marketing commission under a regulation made by it pursuant to a power to make regulations conferred on it by the Lieutenant Governor in Council, is a debt due by the producer to that producer board or marketing commission.

Area of application of regulations, etc.

31

A regulation, order, or directive, made under this Act, may be made to apply

(a) to the whole of the province or to any part of the province; and

(b) to any grade, class, or variety, of a regulated product.

Revocation of council's or board's regulations. 32 The Lieutenant Governor in Council may amend or revoke any regulation, order or directive made by the Manitoba council, a producer board or a marketing commission.

Personal liability of members, etc.

33

No member, officer, employee or representative of the Manitoba council or of a producer board or marketing commission is personally liable for anything done or omitted to be done by him in good faith and without negligence in the exercise of any power or the performance of any duty under the authority or supposed authority of this Act or of any regulation, order or directive made under this Act or the regulations.

Appointment of inspectors.

34(1)

The Lieutenant Governor in Council may appoint persons as inspectors for the purpose of enforcing this Act and the regulations.

Entry and inspection.

34(2)

An inspector may, at any reasonable time and without warrant, and upon presentation of a certificate or other means of identification as prescribed in the regulations,

(a) enter any place or premises, other than a dwelling, in which any regulated product is being marketed, or in which the inspector believes on reasonable and probable grounds any regulated product is being marketed, and make such inspections of the place or premises as the inspector reasonably requires to determine compliance with this Act or the regulations;

(b) stop any vehicle in which any regulated product is being conveyed, or in which the inspector believes on reasonable and probable grounds any regulated product is being conveyed, and make such inspections of the vehicle as the inspector reasonably requires to determine compliance with this Act or the regulations;

(c) require any books, records or documents which relate to the marketing of a regulated product, or which the inspector believes on reasonable and probable grounds relate to the marketing of a regulated product, to be produced for inspection and make copies thereof; and

(d) inspect and take samples of any regulated product, or any natural product which might be a regulated product.

Seizure of product from vehicle.

34(3)

Where, in conducting an inspection of a vehicle under clause (2)(b), the inspector forms the opinion, based on reasonable and probable grounds, that an offence against this Act or the regulations is being committed by means of or in respect of any regulated product, or any receptacle containing such product, the inspector may seize the product or receptacle or cause it to be seized, and shall bring it before a justice, or report on it to a justice, to be dealt with according to law.

Unloading of cargo.

34(4)

For the purpose of exercising the powers set out in subsection (3), the inspector may require the driver or operator of the vehicle to take the vehicle to a place specified by the inspector so that all or part of the cargo may be unloaded and detained there.

Obstruction of inspectors.

34(5)

A person who obstructs an inspector, or who knowingly gives an inspector false or misleading information, is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $100. or to imprisonment for a term not exceeding two months, or to both.

Warrant to enter and seize.

35

A justice who is satisfied by information upon oath that there are reasonable and probable grounds to believe that

(a) an offence against this Act or the regulations has occurred or is occurring; and

(b) there is to be found in any building, receptacle, vehicle, or place in the province a book, record, document, regulated product or other thing which affords evidence of the offence;

may at any time issue a warrant authorizing any inspector, together with any peace officer on whom the inspector calls for assistance and such other persons as may be named in the warrant, to enter and search the building, receptacle, vehicle, or place for the thing, and to seize it and bring it before a justice, or report on it to a justice, to be dealt with according to law.

Sale of perishable product.

36

Where a regulated product has been seized under subsection 34(3) or section 35 and the peace officer or inspector making the seizure reasonably believes that the product will spoil before the conclusion of proceedings in respect of the alleged offence, the peace officer or inspector shall cause the product to be sold and the proceeds held, with interest to be paid thereon at a rate fixed from time to time by the Lieutenant Governor in Council, pending the outcome of the proceedings.

Offence and penalty.

37(1)

A person who fails to comply with any provision of this Act or of the regulations is guilty of an offence and is liable, on summary conviction, where the accused is a corporation to a fine of not less than $250. and not more than $1,000., and where the accused is an individual to a fine of not less than $25. and not more than $500 or to imprisonment for a term not exceeding three months, or to both.

Second or successive offence.

37(2)

Where a person other than a corporation, is guilty of a second or successive offence under subsection (1), he is liable to a fine of not less than $100. and not more than $750. ; and in the case of a corporation that is guilty of a second or successive offence under subsection (1) it is liable to a fine of not less than $1,000. and not more than $5,000.

Non-compliance with order.

37(3)

Subject to subsection (4), a producer who does not comply with an order or directive of a producer board or a marketing commission is guilty of an offence and is liable,* on summary conviction, to a fine of not more than $100.

Enforceability of orders and directives.

37(4)

Notwithstanding The Regulations Act, an order or directive of a producer board or a marketing commission is valid, effective, and enforceable from the date it is made by the producer board or the marketing commission, as the case may be; but, a magistrate shall not convict a person of an offence for failing to comply with the order or directive unless

(a) the order or directive was filed under The Regulations Act prior to the commission of the offence; or

(b) he is satisfied that the accused had actual notice of the order or directive prior to the commission of the offence.

Offences by corporate officers.

38(1)

Every officer, director or agent of a corporation who directs, authorizes, assents to, acquiesces in or participates in the commission of an offence by the corporation is a party to, and guilty of, the offence.

Forfeiture of seized product.

38(2)

Where proceedings under this Act or the regulations in respect of a regulated product or receptacle seized under subsection 34(3) or section 35 have been finally resolved,

(a) if the accused has been convicted, the regulated product or receptacle, or the proceeds of sale and accumulated interest referred to in section 36, are forfeited to the Crown;

(b) if the accused has been acquitted or the prosecution has not proceeded, the regulated product or receptacle, or the proceeds of sale and accumulated interest referred to in section 36, shall be turned over or paid to the person who is lawfully entitled to possess it or them.

Disposal of forfeited property.

38(3)

A regulated product or receptacle forfeited under clause (2)(a) shall be disposed of as directed by the Minister of Agriculture, but where there is a forfeiture of sale proceeds and accumulated interest, the money shall be turned over to the Minister of Finance to be paid into the Consolidated Fund.

Evidence applicable.

39

In a prosecution under the Agricultural Products Marketing Act (Canada), the magistrate, if he finds that the offence is not proved under that Act but the evidence establishes an offence of a similar kind in relation to the promotion, regulation and control of the marketing of the regulated product locally within Manitoba under this Act or the regulations, may convict the accused under this Act notwithstanding that no information has been laid under this Act.

Evidence as to orders and directives.

40

A copy of an order or directive made by a producer board or marketing commission, certified as a true copy by a member of the board or commission, or the secretary thereof, shall, without proof of the signature of the person signing the certificate, be received as evidence of the order or directive in all courts in the province.

Presumption as to place product is grown, etc.

41

In any prosecution under this Act, or the regulations, or any order or directive made under this Act, it shall be presumed that the natural product in respect of which the prosecution is instituted is a regulated product and was grown, raised, kept, prepared for slaughter, slaughtered, skinned, harvested or caught in an area of the province to which the Act, regulation, order or directive, respecting the natural product relates, and where a prosecution is instituted in respect of any product of a natural product, or of the processing of that product, or of a natural product, the product shall be presumed to be a regulated product.

Costs.

42

Subject to sections 9, 18, and 27, all costs incurred in the administration of this Act shall be paid out of the Consolidated Fund with moneys authorized by an Act of the Legislature to be so paid and applied.

Construction of Act.

43(1)

The purpose and intent of the Legislature is to confine the provisions of this Act within the competence of the Legislature: and all provisions thereof shall be construed so as to give effect to that purpose and intent.

Ultra vires provisions.

43(2)

Where any provision of this Act is held to be beyond the powers of the Legislature, that provision shall be construed distributively and, so far as it deals with matters within the competence of the Legislature, stands and is valid and operative, and has the same effect as if the provision or section had dealt with those matters exclusively; and the remaining provisions of this Act shall not be deemed or held to be inoperative or ultra vires, but stand and are valid and operative and have the same effect as if they had been originally enacted as separate and independent enactments and as the only provisions of the Act.

Intra vires provisions.

43(3)

All provisions of this Act that are within the powers of the Legislature remain in full force and effect notwithstanding that some provisions are held to be ultra vires, the intention of the Legislature being to give separate and independent effect to the extent of its powers to every provision of this Act.

Existing regulations.

44(1)

All regulations made and all schemes approved and that were in force immediately before the coming into force of this Act shall, subject to subsection (2), be deemed to have been made under this Act and remain in force and effect as amended under this Act until they are repealed under this Act.

Alterations in existing regulations.

44(2)

Any provision of a regulation made or scheme approved that is continued in force and effect under subsection (1) and that could not be made or approved under the powers to make regulations granted under this Act shall have no force and effect; but the other provisions of the regulation or scheme are not affected and shall be construed distributively.

Power of Manitoba council under Federal Act.

45

The Manitoba council, a marketing commission or a producer board may, with the approval of the Lieutenant Governor in Council, perform any function or duty and exercise any power imposed or conferred upon it by or pursuant to any Act of the Parliament of Canada pertaining to the promotion, regulation and control of the marketing of a natural product.

Extra-provincial board may regulate marketing.

46

The Lieutenant Governor in Council may authorize an extra-provincial board to promote, regulate and control the marketing of a natural product locally within the province, and, for such purpose, to exercise all or any powers like the powers exercisable by it with respect to marketing under the extra-provincial Act pursuant to which it is constituted.