SOR/94-719199411

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20196

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AGRICULTURAL PRODUCTS MARKETING ACTAlberta Milk OrderP.C.1994-1876 199411

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His Excellency the Governor General in Council, on the recommendation of the Minister of Agriculture, pursuant to section 2* of the Agricultural Products Marketing Act, is pleased hereby to repeal the Alberta Milk Order, made by Order in Council P.C. 1984-1305 of April 18, 1984**, and to make the annexed Order granting authority to the Alberta Milk Control Board to regulate the marketing in interprovincial and export trade of milk produced in Alberta, in substitution therefor. *S.C. 1991, c. 34, s. 2**SOR/84-317, 1984 Canada Gazette Part II, p. 1650

1[Repealed, SOR/2001-16, s. 34]

Interpretation

2In this Order,Act means the Dairy Board Act of Alberta; (Loi)Commodity Board means the Alberta Milk Control Board established pursuant to the Act; (Office)milk means milk or cream from cows, produced for consumer use in liquid form in Canada; (lait)Plan means a plan for the marketing of milk, established and amended from time to time pursuant to the Act. (plan) SOR/2001-16, s. 35

Application

2.1This Order applies in respect of milk produced in the Province of Alberta and milk referred to in paragraph 3(1)(b) produced in the Province of British Columbia.SOR/2001-16, s. 36

Interprovincial TradeSOR/2001-16, s. 37

3(1)Subject to subsection (2), the Commodity Board is authorized to regulate the marketing of milk in interprovincial trade and for that purpose may exercise all or any powers like the powers exercisable by the Commodity Board in relation to the marketing of milk locally within the province under the Act and a Plan, with respect to(a)persons and property situated within the Province of Alberta, except in respect of milk produced in that Province and marketed in the Province of Saskatchewan pursuant to a milk quota granted by The Milk Control Board of Saskatchewan in accordance with the Saskatchewan Milk Order; and(b)persons situated within the Province of British Columbia who ship milk produced in that Province to the Province of Alberta, and who have been given milk quota pursuant to this Order.(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. 38

Levies or Charges

4The 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 of milk during such period or periods of time as the Commodity Board may determine.SOR/2001-16, s. 39