New Brunswick Milk Order (SOR/94-627)

Regulations are current to 2017-11-20

New Brunswick Milk Order

SOR/94-627

AGRICULTURAL PRODUCTS MARKETING ACT

Registration 1994-10-06

New Brunswick Milk Order

P.C. 1994-1653 1994-10-06

His Excellency the Governor General in Council, on the recommendation of the Minister of Agriculture, pursuant to subsections 2(1) and (2) of the Agricultural Products Marketing Act, is pleased hereby to repeal the New Brunswick Milk Order, made by Order in Council P.C. 1984-3848 of November 29, 1984Footnote * , and to make the annexed Order granting authority to the Farm Products Marketing Commission of New Brunswick and the New Brunswick Milk Marketing Board to regulate the marketing in interprovincial and export trade of milk produced in New Brunswick, in substitution therefor.

 [Repealed, SOR/2001-16, s. 24]

Interpretation

 In this Order,

Acts

Acts means the Dairy Products Act and the Farm Products Marketing Act of New Brunswick; (Lois)

Commission

Commission means the Farm Products Marketing Commission as constituted under the Farm Products Marketing Act of New Brunswick; (Commission)

Commodity Board

Commodity Board means the New Brunswick Milk Marketing Board established pursuant to the Acts; (Régie)

milk

milk means milk or cream from cows, produced in the Province of New Brunswick for consumer use in liquid form in Canada; (lait)

Plan

Plan means any plan for the marketing of milk, established and amended from time to time pursuant to the Acts. (plan)

  • SOR/2001-16, s. 25.

Interprovincial Trade

  •  (1) Subject to subsection (2), the Commodity Board and the Commission are each authorized to regulate the marketing of milk in interprovincial trade and for that purpose may, with respect to persons and property situated within the Province of New Brunswick, exercise all or any powers like the powers exercisable by the Commodity Board and the Commission respectively in relation to the marketing of milk locally within the province under the Acts and a Plan.

  • (2) The authority to regulate the marketing of milk in interprovincial trade does not include any power that is exercised by the Canadian Dairy Commission under the Canadian Dairy Commission Act in relation to the marketing of milk in interprovincial trade.

  • SOR/2001-16, s. 26.

Levies or Charges

 The Commodity Board may, in relation to the powers granted to it under section 3,

  • (a) fix and impose levies or charges on milk or any component of milk and collect those levies or charges from persons described in subsection 3(1) who are engaged in the production or marketing of milk and for that purpose may classify those persons into groups and fix the levies or charges payable by the members of the different groups in different amounts; and

  • (b) use the levies or charges for the purposes of the Commodity Board, including the creation of reserves, the payment of expenses and losses resulting from the sale or disposal of milk and the equalization or adjustment among producers of milk of moneys realized from the sale thereof during such period or periods of time as the Commodity Board may determine.

  • SOR/2001-16, s. 27.
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