British Columbia Tree Fruit Pooling Regulations (C.R.C., c. 147)

Short Title

1 These Regulations may be cited as the British Columbia Tree Fruit Pooling Regulations.

Interpretation

2 In these Regulations, unless the context otherwise requires,

Agency

Agency means B.C. Tree Fruits Limited, a company incorporated under the laws of the Province of British Columbia and having its chief place of business at the City of Kelowna, in the said Province; (Agence)

appropriate pooling committee

appropriate pooling committee means,

• (a) in respect of matters relating to apples and crabapples, the committee established by subsection 6(1),

• (b) in respect of matters relating to tree fruits, other than apples and crabapples, the committee established by subsection 6(2), and

• (c) in respect of matters relating to both apples or crabapples and other tree fruits, the committee established by subsection 6(3); (comité de mise en commun)

area

area means that part of British Columbia lying east of the 121st meridian of west longitude and south of the 51st parallel of north latitude; (région)

British Columbia Fruit Growers’ Association

British Columbia Fruit Growers’ Association means the association incorporated under that name under the laws of the Province of British Columbia and having its head office at the City of Kelowna in that Province; (British Columbia Fruit Growers’ Association)

Commodity Board

Commodity Board means the British Columbia Fruit Board; (Office de commercialisation)

Okanagan Federated Shippers’ Association

Okanagan Federated Shippers’ Association means the association incorporated under that name under the laws of the Province of British Columbia and having its head office at the City of Kelowna in that Province; (Okanagan Federated Shippers’ Association)

Order

Order means the British Columbia Tree Fruit Order, made under the Agricultural Products Marketing Act; (décret)

person

person includes a body corporate; (personne)

regulated product

regulated product means any tree fruit grown within the area in the year 1964 and subsequent years; (produit réglementé)

Scheme

Scheme means the British Columbia Tree Fruit Marketing Scheme, 1960, established pursuant to the Natural Products Marketing (British Columbia) Act, and all amendments thereto. (Programme)

Agency

3 The Agency, being the marketing agency appointed by the Commodity Board under the Scheme and the Order, is hereby authorized to conduct a pool or pools for the distribution of all proceeds received from the sale of the regulated product.

4 The Agency is hereby required to distribute the proceeds of the sale referred to in section 3, after deducting all necessary and proper disbursements, expenses and charges, in such manner that each person receives a share of the total proceeds in relation to the amount, variety, size, grade and class of the regulated product delivered by him, and to make payments in respect thereof until total net proceeds are distributed.

5 Subject to the requirements of section 4, the pool or pools conducted by the Agency shall be constituted and operated in a manner similar to that in which like pools heretofore operated by the Agency pursuant to contracts with persons engaged in the production, packing and/or storing of the regulated product or any part thereof have been conducted, and otherwise in such manner as may from time to time be approved by the appropriate pooling committee as provided for in section 6.

Pooling Committees

• 6 (1) There shall be a pooling committee that shall deal with matters relating to apples and crabapples consisting of seven members, five of whom shall be appointed by the British Columbia Fruit Growers’ Association, one of whom shall be appointed by the Okanagan Federated Shippers’ Association and one of whom shall be appointed by the Agency.

• (2) There shall be a pooling committee that shall deal with matters relating to tree fruits, other than apples and crabapples, consisting of seven members, five of whom shall be appointed by the British Columbia Fruit Growers’ Association, one of whom shall be appointed by the Okanagan Federated Shippers’ Association and one of whom shall be appointed by the Agency.

• (3) There shall be a pooling committee that shall deal with matters relating to both apples or crabapples and other tree fruits consisting of the members of the committees established by subsections (1) and (2).

• (4) A person appointed as a member of one of the committees established by subsection (1) or (2) may also be appointed as a member of the other committee established by those subsections.

• 7 (1) Each pooling committee established by section 6 may make its own rules as to the convening and procedure of its meetings and the election of a chairman of such meetings.

• (2) The decision of the majority of members present at a meeting of a pooling committee at which a quorum is present shall be deemed to be the decision of the committee.

• (3) Five members constitute a quorum in respect of the committees established by subsections 6(1) and (2).

• (4) Ten members constitute a quorum in respect of the committee established by subsection 6(3).

• (5) In the event of a tie vote at a meeting of a pooling committee, the chairman of the meeting shall have a second or casting vote.

8 The British Columbia Fruit Growers’ Association, the Okanagan Federated Shippers’ Association and the Agency may at any time revoke any appointment to a pooling committee made by it and may appoint another member to the committee in the place of the person whose membership was revoked.