|This Act has "Not in Force" sections. See the Table of Legislative Changes.|
|2||Marketing schemes, marketing boards and commissions|
|3||Constitution of Provincial board|
|3.1||Application of Administrative Tribunals Act to Provincial board|
|4||Cooperation with federal board|
|5||Exercise of powers under federal Act|
|7||Exercise of powers by federal board|
|8||Appeals from a marketing board or commission order, decision or determination|
|8.1||Application of Administrative Tribunals Act to Provincial board for purpose of appeals|
|8.2||Rules about participation of marketing board or commission in an appeal|
|8.3||Power to correct errors and omissions and to clarify decision|
|8.4||Enforcement of Provincial board's final decision|
|9||Review of an order, decision or determination|
|11||Powers of marketing boards and commissions|
|13||Power to alter schemes|
|15||Enforcement of Act and regulations|
|16||Search and seizure|
|16.1||Monitoring biosecurity programs|
|19||Immunity protection for Provincial board, its members and others|
|22||Power to make regulations|
|23||Granting of approval by Lieutenant Governor in Council|
|24||Exercise of powers whether or not federal Act in existence|
1 In this Act:
"biosecurity program" means a program that, for the purpose of protecting and promoting the safety of a natural product, does one or more of the following:
"commission" means a marketing commission established under section 12;
"federal board" means the Governor in Council or the National Farm Products Council or an agency established under the Farm Products Agencies Act (Canada) or the Canadian Dairy Commission established under the Canadian Dairy Commission Act (Canada), as the case may be;
"marketing" includes producing, packing, buying, selling, storing, shipping for sale, offering for sale or storage, and in respect of a natural product includes its transportation in any manner by any person;
"marketing board" means a marketing board established under section 10;
"natural product" means a product of agriculture or of the sea, lake or river and an article of food or drink wholly or partly manufactured or derived from such product;
"Provincial board" means the British Columbia Farm Industry Review Board constituted under section 3 (1);
"Provincial jurisdiction" means the legislative jurisdiction or competence of the Legislature;
"regulated product" means a natural product the regulation of the marketing of which is provided for in a scheme approved or established under this Act;
"vehicle" includes a motor vehicle, wagon, railway car, ship, boat or other thing in which a natural product can be transported.
(4) The method by which the members of a marketing board or commission are to be chosen, whether by appointment or election, or partly the one and partly the other, may be set out in the scheme that the marketing board or commission is authorized to administer.
3.1 The following provisions of the Administrative Tribunals Act apply to the Provincial board:
4 The Provincial board and every marketing board or commission may
5 With the approval of the Lieutenant Governor in Council, the Provincial board and every marketing board or commission may perform a function or duty and exercise a power imposed or conferred on it by or under the federal Act, with reference to the marketing of a natural product.
6 With the approval of the Lieutenant Governor in Council, the Provincial board, a marketing board or a commission may grant authority to the federal board to perform on its behalf any power or function relating to trade in British Columbia that the marketing board or commission may perform.
7 With the approval of the Lieutenant Governor in Council, the federal board may exercise its powers with reference to the marketing of a natural product in any manner and under any circumstances within Provincial jurisdiction, to the similar extent and with the similar effect as those powers are exercisable by it under the federal Act with reference to the marketing of that natural product.
(6) The failure or refusal of a person to comply with an order under subsection (4) makes the person, on application to the court by the Provincial board, liable to be committed for contempt as if in breach of an order or judgment of the court.
(7) In the exercise of its powers under this section the Provincial board may make rules governing its procedure and the quorum in supervisory matters, including its meetings, and may make rules and issue orders governing the procedure for any exercise of its supervisory powers.
(5) On its own motion or, on the written request of a party to an appeal under subsection (1), the Provincial board may direct that a party to the appeal provide the Provincial board and other parties to the appeal with a copy of each document the Provincial board specifies in its direction.
(8) If, after an appeal is filed, an appeal panel considers that all or part of the subject matter of the appeal is more appropriately dealt with in a supervisory process under its supervisory power, the appeal panel, after giving the appellant and the marketing board or commission an opportunity to be heard, may defer further consideration of the appeal until after the supervisory process is completed.
(8.4) If an appeal is deferred under subsection (8) and the supervisory process has been completed, the appellant may give notice that it intends to proceed with the appeal, and the Provincial board must proceed with and decide the appeal.
8.1 (1) For the purposes of an appeal under section 8 of this Act, the following provisions of the Administrative Tribunals Act apply to the Provincial board in addition to those incorporated under section 3.1 of this Act:
(2) A power of the Provincial board to make an order or require a person to do something under this section applies to a marketing board or commission and to a member of the marketing board or commission.
8.2 The Provincial board may make rules respecting the participation of a marketing board or commission in an appeal under section 8.
(3) Within 30 days after being served with the final decision, a party may apply to the Provincial board for clarification of the final decision and the Provincial board may amend the final decision only if the Provincial board considers that the amendment will clarify the final decision.
8.4 (1) The Provincial board, a party in whose favour the Provincial board makes a final decision or a person designated in the final decision may file a certified copy of the final decision with the Supreme Court.
9 (1) The Provincial board has exclusive jurisdiction to inquire into, hear and determine all those matters and questions of fact, law and discretion arising or required to be determined by the Provincial board under this Act or a federal Act and to make any order permitted to be made.
(2) Without limiting subsection (1), the Provincial board has exclusive jurisdiction to inquire into, hear and determine whether a decision, order or determination of a marketing board or commission accords with either or both of the following:
(3) A decision, order or determination of the Provincial board under this Act on a matter in respect of which the Provincial board has exclusive jurisdiction is final and conclusive and is not open to question or review in any court.
10 (1) In accordance with section 2, the Lieutenant Governor in Council may provide for the establishment of a marketing board to administer, under the supervision of the Provincial board, regulations for the promotion, control and regulation of the marketing of a regulated product.
(j) to require full information relating to the marketing of a regulated product from all persons engaged in marketing activities, to require periodic returns to be made by those persons and to inspect the books and premises of those persons;
(k) to set the prices, maximum prices, minimum prices or both maximum and minimum prices at which a regulated product or a grade or class of it may be bought or sold in British Columbia or that must be paid for a regulated product by a designated agency and to set different prices for different parts of British Columbia;
(l) to authorize a designated agency to conduct pools for the distribution of all proceeds received from the sale of a regulated product and to require that designated agency to distribute the proceeds of sale, after deducting all necessary and proper disbursements, expenses and charges, so that each person receives a share of the total proceeds in relation to the amount, variety, size, grade and class of a regulated product delivered by the person and to make those payments until the total net proceeds are distributed;
(m) subject to section 16 (2) (b), to require the person in charge of a vehicle or other form of conveyance in which a regulated product could be transported to permit a member or employee of the marketing board or commission to search the vehicle;
(o) to set and collect levies or charges from designated persons engaged in the marketing of the whole or part of a regulated product and for that purpose to classify those persons into groups and set the levies or charges payable by the members of the different groups in different amounts, and to use those levies or charges and other money and licence fees received by the marketing board or commission
(p) to delegate its powers to the extent and in the manner the marketing board or commission considers necessary or advisable for the proper operation of the scheme under which the marketing board or commission is constituted, but a power in paragraph (f), (g) (h) or (i) must not be exercised by any person other than the federal board, a marketing board or a commission;
(q) to make orders and rules considered by the marketing board or commission necessary or advisable to promote, control and regulate effectively the marketing of a regulated product, and to amend or revoke them;
(v) to require a person who receives a regulated product for marketing from a producer to deduct from the money payable by the person to the producer licence fees, levies or charges payable by the producer to the marketing board or commission and to remit them to the marketing board or commission.
(2) The Provincial board may, at any time, amend, vary or cancel an order or rule made before or after February 11, 1975 by a marketing board or commission under a power vested in it under this section and sections 13 and 14, or under a power exercisable under the federal Act.
12 (1) In accordance with section 2, the Lieutenant Governor in Council may provide for the establishment of a marketing commission to administer, under the supervision of the Provincial board, regulations for the promotion, control and regulation of the marketing of a regulated product.
13 Subject to this Act, if a marketing board is established under section 10 or a commission is established under section 12, the Lieutenant Governor in Council may, in accordance with section 2, concerning a natural product, make orders establishing, amending and revoking schemes, the objects of those schemes being the following:
(ii) a notifiable or reportable disease within the meaning of the Animal Health Act, and
(a) the chief veterinarian under the Animal Health Act;
(b) the provincial health officer under the Public Health Act;
15 (1) On application by the Provincial board, a marketing board or commission and on being satisfied that a provision of this Act or the regulations or a provision of a marketing scheme made by the Provincial board, marketing board or commission under this Act or an order, rule, determination or decision of the Provincial board, marketing board or commission made under this Act or made under powers exercisable, with the approval of the Lieutenant Governor in Council, under the federal Act, is not being complied with, the Supreme Court may
(a) order and require a person to do promptly or within or at the time specified in the order, an act or thing that the court considers necessary for the purpose of compelling that person to comply with this Act, the regulations, the marketing scheme or the order, rule, determination or decision of the Provincial board, marketing board or commission, and
(b) forbid, restrain or enjoin the doing or continuing of an act or thing that is contrary to this Act, the regulations, the marketing scheme or the order, rule, determination or decision of the Provincial board, marketing board or commission.
(2) If special circumstances require, on an application under subsection (1) made without notice to anyone, the court may make an interim order but the order must not be for a longer period of time than the court considers necessary for the purpose of enabling the matter to be heard and determined.
16 (1) With the approval of the Lieutenant Governor in Council and subject to terms and conditions the Lieutenant Governor in Council may impose, the Provincial board or a marketing board or commission may designate a person or class of persons to exercise, on behalf of the Provincial board, a marketing board or commission a power given to the Provincial board, marketing board or commission under this section or under a power exercisable under the federal Act.
(1.1) The powers under subsection (2) may be exercised if the Provincial board, a marketing board, a commission, or a member of one them, has reasonable grounds to believe that a person is not complying with
(b) if accompanied by a peace officer, without a warrant, enter and search the vehicle or conveyance referred to in paragraph (a) and require that the driver or operator of the vehicle or conveyance take it to a place specified by the person searching the vehicle or conveyance so that all or part of the cargo may be there unloaded and detained for the purposes of subsection (3);
(c) with a warrant, enter land or premises in which a regulated product is being marketed or in which the Provincial board, marketing board, commission or person has reason to believe a regulated product is being marketed and search the land or premises.
(a) require the licensee, occupier or person in charge of the vehicle, conveyance, land or premises or the owner or consignee of a regulated product found in the vehicle, conveyance or premises or on the land
(i) any property, including books, records and other documents that the person has reason to believe relate to the marketing of a regulated product, and retain them until their production in a court proceeding arising out of the failure to comply is required or until it otherwise appears that retention is no longer required or make copies of them, and
(6) The government or a person acting under the authority of this Act is not liable for loss or damage arising from the destruction or deterioration of anything seized or detained under this section during a period it is under seizure or detention lawfully made under this Act.
(7) If a person is not convicted under this Act, anything detained or seized under this section may, in the discretion of the court having jurisdiction in the matter, be returned to the person entitled to it, or disposed of in the manner the court may order, and the court may, in a proper case, if there is loss or damage arising from the destruction or deterioration of anything that was detained or seized, order the Provincial board or the marketing board or commission that authorized the detention or seizure to pay compensation for the loss or damage to the person entitled to it.
16.1 For the purpose of monitoring compliance with a biosecurity program, a marketing board or commission may, without limiting any other power of a marketing board or commission under this Act, require a person who is subject to the biosecurity program to do one or more of the following:
17 (1) An order, rule, determination or decision made by the Provincial board, a marketing board or commission or under this Act or made under a power exercisable under the federal Act, may be enforced, and the breach of an order, rule, determination or decision may be restrained, without proof of damage and whether or not a penalty is imposed for the breach, by action or proceeding in the Supreme Court.
(2) An action or proceeding under subsection (1) may be brought or taken by and in the name of the Provincial board or a marketing board or commission, and neither the government nor the Attorney General is a necessary party to the action or proceeding.
(a) it is not necessary for the informant or person prosecuting to prove that the natural product in respect of which the prosecution is instituted was produced in the area to which a scheme for the regulation of the natural product relates, and
(4) Evidence of an order, rule, determination or decision of the Provincial board or a marketing board or commission may be given in any court of British Columbia by production of a copy purporting to be certified as a true copy by a member of the Provincial board, marketing board or commission, without proof of the signature or official position of the person appearing to have certified the copy.
(5) In a prosecution for an offence under this Act, the act or omission complained of, for which the prosecution was instituted, is, unless the defendant proves to the contrary, deemed to relate to the marketing of the natural product in other than interprovincial or export trade.
(2) Subject to subsection (3), no legal proceeding for damages lies or may be commenced or maintained against a decision maker, a marketing board, a commission or an agency or their members appointed under the federal Act or under this Act, because of anything done or omitted
20 The Minister of Finance, on the requisition of the minister, must pay all sums necessary to pay the salaries of the members of the Provincial board and its staff and to meet the expenses necessarily incurred in the carrying out of this Act, but not the expenses of administering a scheme under this Act.
21 (1) The purpose and intent of the Legislature is to confine the provisions of this Act within the competence of the Legislature, and all its provisions are to be construed so as to give effect to this purpose and intent.
(2) If any provision or section is held or found to be beyond the powers of the Legislature, the provision or section must be read distributively, and the provision or section so far as it deals with matters within the competence of the Legislature is to stand and be valid and operative, and has the same effect as if the provision or section had dealt with those matters exclusively.
(3) The remaining provisions and sections of this Act must not be deemed or held to be inoperative or beyond the powers of the Legislature, but are valid and operative, and have the same effect as if they had been originally enacted as separate and independent enactments and as the only provisions of this Act.
(4) All the provisions of this Act that are within the powers of the Legislature remain in full force even if some provisions are held to be beyond the powers of the Legislature, the intention of the Legislature being to give separate and independent effect, to the extent of its powers, to every enactment and provision in this Act.
22 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) The Lieutenant Governor in Council may, by regulation, vest in the Provincial board or any marketing board or commission the authorities and powers considered necessary or advisable with reference to the marketing of a natural product so far as it is within Provincial jurisdiction, and to enable the Provincial board or a marketing board or commission, either alone or in cooperation with the federal board, to exercise effective control of the marketing of natural products to the full extent intended by this Act and the federal Act.
(b) the appointment of marketing boards or commissions to exercise in British Columbia an authority or function that may be conferred on a local board under the federal Act, and otherwise to cooperate and act in the administration and carrying out of schemes for the regulation of the marketing of natural products authorized under the federal Act or this Act;
(f) the termination and annulment of an approval given or scheme authorized by the Lieutenant Governor in Council under this Act and the disposition of the assets of a marketing board if its appointment or authority is annulled;
23 An approval that the Lieutenant Governor in Council is authorized or required to give for a purpose of this Act may be given by regulation applicable to all cases or a class of cases, or by an order in a particular case.
24 All powers vested in the Lieutenant Governor in Council or in the Provincial board, a marketing board, a commission or a person under this Act may be exercised to their fullest extent, even though the federal Act may or may not be existing or operative or that the federal board may or may not be existing or operative.
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