1992 Legislative Session: 1st Session, 35th Parliament

The following electronic version is for informational purposes only.
The printed version remains the official version.


BILL 52 -- 1992


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

1 Section 2 of the Farming and Fishing Industries Development Act, S.B.C. 1989, c. 27, is repealed and the following substituted:

Plan, council and fund

2 (1) Before the minister may establish a fund under this Act to promote the interests of all producers of a commodity, producers of that commodity must

(a) obtain the minister's approval to a plan for

(i) informing the producers about

(A) the proposed fund, levy and council,

(B) whether there will be any provision for refunding all or part of the levy, and

(C) any other related matters that the minister requires, and

(ii) determining whether the producers of the commodity support the proposals, and

(b) in accordance with the approved plan, satisfy the minister that the producers of the commodity support the proposals in the plan.

(2) The minister may require different levels of support for

(a) different plans, or

(b) different proposals in the same plan.

(3) The plan must meet the minimum requirements established by regulation respecting the content of the proposals and the method for informing producers about the proposals and for determining whether they support the proposals.

(4) Subject to subsection (5), on being satisfied that there is producer support, the minister may

(a) appoint a council composed of

(i) one or more representatives of the ministry which administers this Act,

(ii) producers of the commodity in sufficient numbers to constitute a majority of the council, and

(iii) one or more persons who the minister considers represent people involved in

(A) the supply of goods or services to the producers, or

(B) the processing, distribution or consumption of the commodity, and

(b) establish and name a fund for that commodity.

(5) If a plan is supported by the producers and has been approved by the minister and the plan establishes a method by which the producer members of a council are to be chosen by election, by appointment or partly by election and partly by appointment, the minister shall comply with the plan's proposals respecting the appointment or election of producer members to the council.

(6) Where, in relation to a commodity, a council and fund are established under this section,

(a) the council is responsible to the minister for the administration of the fund, and

(b) the management, administration and control of the fund are vested in the council.

(7) Where a council is in existence at the date this subsection comes into force,

(a) the council, the fund it administers and the regulation that relates to the council and the fund are continued,

(b) section 4 applies as if the Lieutenant Governor in Council has prescribed a regulation that allows a refund,

(c) a plan is not required in respect of the commodity that relates to the council and subsection (1) does not apply to the producers of that commodity, and

(d) the council may present to the minister a plan for determining producer support for a levy that is not refundable or for any proposal that producers may present to the minister under subsection (1), and this Act applies as if the plan were presented by the producers of the commodity.

2 Section 3 (1) is repealed and the following is substituted:

(1) Subject to the approval of the Lieutenant Governor in Council, a council shall establish a levy or class of levy that at the time and in the manner specified in the regulations shall be paid by producers or a class of producers of the commodity for which the fund was established.

3 Section 4 (1) is amended by striking out "A producer" and substituting "If the Lieutenant Governor in Council has prescribed a regulation that allows a refund of a levy or class of levy, a producer".

4 Section 5 is repealed and the following is substituted:

Annual report

5 Each council shall, within 3 months of the end of the council's financial year, make to the minister a report of its business and affairs during that year, and the report shall contain a balance sheet, a statement of revenue and expenditures and other particulars the minister requires.

5 The following sections are added:

Annual general meeting

5.1 (1) A council shall hold an annual general meeting in accordance with the regulations.

(2) A person who is required to pay or collect the levy may attend the annual general meeting, but only a person who is required to pay the levy may vote unless a regulation provides otherwise.

Cattle Industry Development Council

6.1 On the date this section comes into force,

(a) the Cattle Industry Development Board established under the Livestock Industry Act is

(i) renamed the Cattle Industry Development Council, and

(ii) continued as a council deemed to be established under this Act,

(b) without limiting the generality of paragraph (a), the Cattle Industry Development Council

(i) is seized of and holds and possesses all the property, rights and interests of the Cattle Industry Development Board and is subject to all the liabilities of the Cattle Industry Development Board,

(ii) has the powers and duties of a council established under this Act,

(iii) is subject to this Act and the regulations, and

(iv) for the purposes of section 2 (7), is deemed to be in existence at the time that section comes into force,

and, to the extent that the regulations made under the Livestock Industry Act are not inconsistent with this Act, they remain in force until amended or repealed, are deemed to have been made under this Act and apply to the Cattle Industry Development Council.

6 Section 7 is amended

(a) in subsection (1) by adding the following paragraphs:

(a.1) requiring one or more of the following persons to collect the levy established under section 3 (1) in the manner and within the time prescribed and to remit the amount collected, less any prescribed commission, to a prescribed person in the manner and within the time prescribed:

(i) a producer of the commodity;

(ii) a distributor of the commodity;

(iii) the first person who purchases the commodity from the producer;

(iv) a person who supplies goods or services to the producer;

(v) any other person involved in the production, processing, distribution or retailing of the commodity,

(b.1) exempting a class of producers from payment of a levy, a class of levy or all levies,

(b.2) providing for refunds of levies, ,

(b) in subsection (1) by striking out "and" at the end of paragraph (c) and by adding the following paragraphs:

(e) respecting the minimum requirements referred to in section 2 (3),

(f) respecting the calling of annual general meetings by a council and the matters required to be dealt with and the conduct of business and votes at those meetings,

(g) respecting business plans and operational guidelines for councils,

(h) respecting the election of council members,

(i) respecting procedures that can be used by persons who are entitled to vote at annual general meetings to dissolve a council and distribute the fund and the council's assets, and

(j) respecting a plan including implementing a proposal in a plan. , and

(c) by repealing subsection (2) and substituting the following:

(2) A regulation made under subsection (1) may

(a) make different provisions for different commodities, councils, classes of producers or persons who may be subject to a levy,

(b) authorize a council or person to exercise a discretionary power, and

(c) delegate a matter to a council or person.

(3) The Lieutenant Governor in Council may make regulations

(a) authorizing a council to cooperate with and act as agent of an entity established by an Act or regulation of Canada,

(b) authorizing a council to exercise a power or perform a duty conferred on it under an Act or regulation of Canada, and

(c) granting to an entity established by an Act or regulation of Canada some or all of the powers and duties that a council has under this Act or that a council may be given by a regulation made under this Act.


7 This Act comes into force by regulation of the Lieutenant Governor in Council.

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