Canadian Dairy Commission Act (R.S.C., 1985, c. C-15)

Act current to 2017-11-20 and last amended on 2009-03-12. Previous Versions

Marginal note:Delegation to Boards, etc.

 The Commission may, with the approval of the Governor in Council, enter into an agreement with a province or a Board, providing for the coordinated marketing of dairy products, including the granting of authority for the performance

  • (a) by the Board of any powers of the Commission set out in paragraphs 9(1)(f) to (i);

  • (b) by the Commission of any similar powers that the Board is authorized by the laws of a province to exercise; or

  • (c) by the Commission of any similar powers that it is authorized to exercise by the lieutenant governor in council of a province.

  • 1995, c. 23, s. 3.

Duties of the Commission

Marginal note:Commission to submit program to Minister
  •  (1) Each year, following determination by the Governor in Council pursuant to the Farm Income Protection Act of the total amount to be paid by the Minister to the Commission for the purpose of providing protection for the income of producers of milk and cream from the sale of those products, the Commission shall submit to the Minister an outline of the program by which it proposes to carry out its functions under this Act for the following fiscal year.

  • Marginal note:Manner of carrying out functions

    (2) The Commission shall carry out its functions under this Act in a manner that will achieve its objects and meet its obligations from the moneys available to it under this Act.

  • R.S., 1985, c. C-15, s. 10;
  • 1994, c. 26, s. 20.
Marginal note:Directions
  •  (1) In exercising its powers under this Act or the regulations in relation to the importation or exportation of any dairy product, the Commission shall comply with any directions from time to time given to it by the Minister.

  • Marginal note:Application of Financial Administration Act

    (2) Subsections 89(2) to (6) and section 153 of the Financial Administration Act apply, with such modifications as the circumstances require, to a direction given under subsection (1) as though it were a directive referred to in those provisions.

  • R.S., c. C-7, s. 11;
  • 1984, c. 31, s. 14.

Regulations

Marginal note:Regulations
  •  (1) The Governor in Council may make regulations regulating the marketing of any dairy product, including regulations

    • (a) providing for the marketing of any dairy product on a quota basis;

    • (b) designating the agencies through which any regulated product shall be marketed;

    • (c) providing for the issue of licences to persons engaged in the production or processing of a regulated product for market, prescribing the fees for those licences and providing for their cancellation or suspension;

    • (d) prohibiting persons from engaging in the marketing of any dairy product, or any class, variety or grade of such a product, in whole or in part, except under the authority of a licence;

    • (e) prescribing the books and records to be kept by persons engaged in the production or processing of a regulated product for market and the information to be furnished by those persons;

    • (f) authorizing the Commission to fix, impose and collect levies or charges from persons engaged in the marketing of any dairy product or the production or processing of a regulated product for market and for those purposes to classify those persons into groups, fix the levies or charges payable by the members of the different groups and to use those levies or charges for the purpose of carrying out its functions under this Act;

    • (g) providing for the seizure and disposal of any regulated product marketed in contravention of any regulation made under this section; and

    • (h) generally, for carrying out the purposes and provisions of this Act.

  • Marginal note:Regulation may be general or specific

    (2) A regulation made under subsection (1) may be general or restricted to a specific dairy product, area, or group or class of persons.

  • R.S., c. C-7, s. 12.
Marginal note:Regulations

 The Governor in Council may make regulations requiring the registration of producers of milk and cream as a condition of the making of any payment under paragraph 9(1)(c) for the benefit of those producers and prescribing the books and records to be kept and the information to be furnished to the Commission by or on behalf of those producers.

  • R.S., c. C-7, s. 13.

Financial

Marginal note:Expenses paid out of appropriations

 All expenditures for salaries, travel expenses and expenses of administration shall be paid out of moneys appropriated by Parliament for the purpose, other than

  • (a) expenditures that in the opinion of the Minister are directly attributable to action taken by the Commission to provide protection for the income of producers of any dairy product from the sale of that product; and

  • (b) necessary and proper expenses incurred by the Commission in exercising any of its powers set out in paragraphs 9(1)(f) to (i).

  • R.S., 1985, c. C-15, s. 14;
  • 1994, c. 26, s. 21;
  • 1995, c. 23, s. 4.
Marginal note:Canadian Dairy Commission Account
  •  (1) There shall be established in the accounts of Canada a special account to be known as the Canadian Dairy Commission Account, in this section called the "Account".

  • Marginal note:Credits to Account

    (2) There shall be credited to the Account

    • (a) all moneys received by the Commission from its operations described in paragraphs 9(1)(a) and (b);

    • (b) all licence fees, levies and charges paid to the Commission;

    • (c) all loans made to the Commission by the Minister of Finance pursuant to section 16; and

    • (d) all amounts paid to the Commission by the Minister under the Farm Income Protection Act for the purpose of providing protection for the income of producers of any dairy product from the sale of that product.

  • Marginal note:Charges to Account

    (3) There shall be paid out of the Consolidated Revenue Fund and charged to the Account

    • (a) all expenditures under this Act, except those to be paid pursuant to section 14;

    • (b) all amounts paid to the Minister of Finance in repayment of loans made to the Commission pursuant to section 16 or as interest on those loans; and

    • (c) any excess licence fees, levies and charges paid to the Commission.

  • Marginal note:Limit on payments

    (4) No payment shall be made out of the Consolidated Revenue Fund under this section in excess of the amount of the balance to the credit of the Account.

  • R.S., 1985, c. C-15, s. 15;
  • 1994, c. 26, s. 22;
  • 1995, c. 23, s. 5.
Marginal note:Loans to Commission
  •  (1) At the request of the Commission, the Minister of Finance may, out of the Consolidated Revenue Fund, make loans to the Commission on such terms and conditions as are approved by the Governor in Council for the purpose of exercising any of the powers of the Commission described in paragraphs 9(1)(a) and (b).

  • Marginal note:Limit

    (2) The total aggregate amount outstanding at any time of loans made under subsection (1) and amounts drawn under subsection 16.1(2) shall not exceed three hundred million dollars.

  • R.S., 1985, c. C-15, s. 16;
  • 1992, c. 1, s. 144(F);
  • 1995, c. 23, s. 6.
Marginal note:Pool bank account
  •  (1) The Commission may establish an account with any member of the Canadian Payments Association for the purpose of, and may deduct from the account any necessary and proper expenses incurred in, exercising any of its powers set out in paragraphs 9(1)(f) to (i).

  • Marginal note:Line of credit

    (2) The Commission may, with the approval of the Minister of Finance, establish and use a line of credit with any member of the Canadian Payments Association for the purpose of exercising any of its powers set out in paragraphs 9(1)(f) to (i).

  • 1995, c. 23, s. 7.

Enforcement

Marginal note:Inspectors
  •  (1) The Commission may appoint or designate any person as an inspector for the purposes of this Act.

  • Marginal note:Certificate to be produced

    (2) The Commission shall furnish every inspector with a certificate of appointment or designation and on entering any place under subsection 18(1) an inspector shall, if so required, produce the certificate to the person in charge of that place.

  • R.S., c. C-7, ss. 18, 19.
 
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