The Saskatchewan Commercial Egg Producers Marketing Plan

Transcription

1 SASKATCHEWAN COMMERCIAL 1 The Saskatchewan Commercial Egg Producers Marketing Plan Repealed by Chapter A Reg 2 (effective December 22, 2004). Formerly Saskatchewan Regulations 270/76 (effective October 15/76) as amended by Saskatchewan Regulations 139/79, 129/80, 59/83, 26/92 and 71/98. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 2 SASKATCHEWAN COMMERCIAL Table of Contents 1 Short title PART I 2 Definition 3 Objectives of the Plan 4 Application of Plan 5 Fiscal Year 6 Constitution of the Board 7 Directors elected or appointed 8 Eligibility 8.1 Producers entitled to vote 8.2 Terms of office 8.3 Consecutive terms 9 Orders and Regulations of Board Continued 10 Register and License of Producers 11 Meeting of the Producers 12 Voting by Producers 13 Election of Directors 14 Activities of the Board 15 Powers of the Board 16 Auditor 17 Quorum 18 Remuneration 19 Penalties 20 Quotas 21 Transfer of Quotas 22 Budget 23 Co-operation 24 Advisory Committee 25 Conciliation Committee 26 Right of Appeal 27 Amendments 28 Dissolution PART II 1 Definition 2 Quota Systems 3 Number of dozens of eggs for the province 4 No order or regulation made 5 Egg producer required to make excess available 6 Board may market eggs 7 Board may implement provisions of Canadian Egg Marketing Agency Proclamation 8 Board shall make orders and regulations 9 Licences 10 Levies 11 Sales Verification 12 General 13 Authority and powers 14 Coming into force

3 SASKATCHEWAN COMMERCIAL 3 SASKATCHEWAN REGULATION 270/76 under The Natural Products Marketing Act, 1972 PART I Short title 1 The plan shall be known as The Saskatchewan Commercial Egg Producers Marketing Plan. Definition 2 In this plan, unless the context otherwise requires: (i) Act means The Natural Products Marketing Act, (ii) Area means all of the Province of Saskatchewan or any area within the Province to which the plan relates. (iii) Board means the marketing board continued pursuant to section 6, to be known as Saskatchewan Egg Producers. (iv) Chicks means chickens under eight weeks old intended for the production of eggs. (v) Chick Agent means a person operating a business that handles chicks. (vi) Chick Hatchery means a place to produce chicks and includes artificial brooding and feeding. (vii) Commercial Eggs means eggs destined for human consumption. (viii) Council means the Natural Products Marketing Council established under The Natural Products Marketing Act, (ix) Designated Agency means an agency designated by the Board as the agency by or through which the regulated products is to be marketed. (x) Designated Representative means an officer or bonafide employee employed by a corporation, co-operative, partnership, association or unincorporated persons carrying on business under a trade name, farm name or other designation and appointed in writing by it to represent it and such appointment is filed with the Board. (xi) Director means a member of the Board appointed or elected under this plan. (xii) Eggs means any class of eggs of the domestic hen and includes egg products. (xiii) Egg Station means a place that markets eggs, other than a retailer.

4 4 SASKATCHEWAN COMMERCIAL (xiv) Egg Type Female means all breeds, cross-breeds and classes of chickens produced primarily for the production of eggs as designated by Agriculture Canada from time to time. (xv) Fowl means egg type females over 25 weeks of age being marketed or otherwise disposed of for purpose other than for the production of eggs. (xvi) Hen means any class of the domestic chicken belonging to species Gallus Domesticus and chicken has a corresponding meaning. (xvii) Layer means any class of domestic female chicken that is 19 weeks of age or older. (xviii) Marketing includes buying, selling, offering for sale, advertising, financing, assembling, storing, packing, processing, shipping, transporting, or any one of them in any manner by any person, and market and marketed have corresponding meanings. (xix) Minister means the Minister of Agriculture. (xx) Person means any individual, partnership, co-operative, corporation, body corporate and unincorporated groups or associations of persons. (xxi) Plan means the Saskatchewan Commercial Egg Producers Marketing Plan. (xxii) Processing means changing the nature of the regulated product by mechanical means or otherwise. (xxiii) Processor means a person who processes the regulated product. (xxiv) Producer means a person who operates a production unit or units comprising 300 layers or more at any time in a calendar year, either as owner or under lease or other agreement, and the returns for the eggs produced and marketed from the production unit or units is payable to that person or payable subject to his direction. (xxv) Producer Grader means any producer who grades and markets his own eggs and Producer Vendor has a corresponding meaning. (xxvi) Production Unit means buildings, structures, equipment and land used for the production or marketing of the regulated product. (xxvii) Pullet means a female chicken that is at least 9 weeks of age and less than 19 weeks of age. (xxviii) Quota means quantity with reference to the production and marketing of the regulated product from designated premises as determined by the Board for any purpose under this Plan. (xxix) Registered Producer means a producer who is duly registered with the Board and whose registration is in good standing.

5 SASKATCHEWAN COMMERCIAL 5 (xxx) Regulated Product or Regulated Products means any class of eggs as defined in (xii) and/or any class of chickens as defined in (iv), (xiv), (xv), (xvi), (xvii) and (xxvii). (xxxi) Retailer means any person who has in his possession for proposed sale to the consumer or who offer for sale or sells eggs direct to the consumer. (xxxii) Saskatchewan Egg Producers means the Board continued pursuant to section 6. (xxxiii) Trucker means any person who holds or is required bv law to hold a public or limited freight license issued by the Saskatchewan Highway Traffic Board and shall include persons who use their own truck to transport the regulated product. (xxxiv) Vehicle means any motor vehicle, trailer, railway car, wagon, ship, boat, airplane, or any other conveyance in which eggs, chickens or regulated product may be transported. (xxxv) Warehouse means a place for storing eggs. 22 Oct 76 Part I s2; 8 Jun 79 SR 139/79 s1; 13 Jun 80 SR 129/80 s3; 15 May 92 SR 26/92 s3; 2 Oct 98 SR 71/98 s3. Objectives of the Plan 3(a) To use the powers of the plan to regulate the production and marketing of the regulated products and to maintain a fair stabilized price for commercial eggs in the Province of Saskatchewan. (b) To provide for the initiation, support or conduct of studies and research in connection with production and marketing of eggs and egg products, and including studies and research dealing with consumer demands. (c) To provide for the initiation, support or conduct of promotional activities dealing with production and marketing of eggs and egg products. (d) To work and co-operate with federal and provincial marketing bodies having similar objectives. 22 Oct 76 Part I s3. Application of Plan 4 Subject to Board exemption, this Plan and the orders and regulations passed pursuant thereto shall apply: (a) to the whole of the Province of Saskatchewan; (b) to all regulated products and to all grades, classes or varieties thereof in the Province of Saskatchewan; (c) to all persons engaged in the production or marketing of any of the regulated products in the Province of Saskatchewan. 8 Jun 79 SR 139/79 s2.

6 6 SASKATCHEWAN COMMERCIAL Fiscal Year 5 The Plan shall be operated on a fiscal year commencing the first day of January and ending on the thirty-first day of December. 22 Oct 76 Part I s5. Constitution of the Board 6(1) The Saskatchewan Commercial Egg Producers Marketing Board, continued pursuant to section 6 of this Part as that section existed on the day before the coming into force of this section, is continued as a marketing board, to be known as Saskatchewan Egg Producers. (2) Any reference in any Act, regulation, agreement, instrument or other document to the Saskatchewan Commercial Egg Producers Marketing Board is deemed to be a reference to the Board, unless the context otherwise requires. (3) The Board shall maintain a head office at Regina, Saskatchewan. (4) The persons acting as directors of the Saskatchewan Commercial Egg Producers Marketing Board on the day before the coming into force of this section constitute the Directors until new members are appointed or elected pursuant to this Plan. 2 Oct 98 SR 71/98 s4. Directors elected or appointed 7 The Board shall consist of six directors elected or appointed pursuant to this Plan. 22 Oct 76 Part I s7. Eligibility 8 Only Registered Producers or Designated Representatives of Registered Producers are eligible for election or appointment to the Board. 29 Apr 83 SR 59/83 s3. Producers entitled to vote 8.1 The Producers who are entitled to vote pursuant to section 12 of Part 1 shall elect the members of the Board. 29 Apr 83 SR 59/83 s3. Terms of office 8.2 Each Director holds office for a term of two years or until his successor is elected or appointed in accordance with section 13 of Part Apr 83 SR 59/83 s3. Consecutive terms 8.3(1) Subject to subsection (2), no Director shall serve on the Board for more than six consecutive years without standing down for at least one year. (2) Where more than one Director has served on the Board for more than six consecutive years: (a) the director who has served longest shall step down; or

7 SASKATCHEWAN COMMERCIAL 7 (b) in a case where one or more Directors have served an equal length of time, the procedure set out in clause 13(g) of Part 1 is to be used to determine which of them shall step down. 29 Apr 83 SR 59/83 s3. Orders and Regulations of Board Continued 9 Until altered by an order or regulation made or issued under this Plan, every order or regulation made or issued under the Saskatchewan Commercial Egg Producers Marketing Plan in force immediately prior to the coming into force of this Plan and subsisting on the day this Plan comes into force is continued and is valid in all respects as if the order or regulation had been made or issued under this Plan. 22 Oct 76 Part I s9. Register and License of Producers 10(a) Subject to Board exemption, all persons engaged in the production or marketing of the regulated product shall be required to be registered with the Board. (b) The Board shall keep at its head office a record to be known as the Register of Producers of all persons whose names and addresses have been registered with the Board as producers. Such record shall be amended from time to time by the addition thereto of the names and addresses of all persons who are to be registered and by deletion therefrom of the names and addresses of all persons who are not to be registered; provided however, that before the name of any person is removed from the said register, the Board shall give to such person two weeks notice in writing in registered or certified mail of the intention to do so, and the name of such person shall not be removed as aforesaid, if, in the said period, he shall give sufficient reason to the satisfaction of the Board for the retention of his name on the said register. (c) Where the producer is a corporation, co-operative, partnership, association or unincorporated persons carrying on the business under a trade name, farm name or other designation, such name shall be registered as the producer. (d) Subject to Board exemption, all registered producers shall be required to be licensed by the Board and hold a valid and subsisting license at all times and provide such guarantee of financial responsibility as the Board may require. (e) Where the producer is a corporation, co-operative, partnership, or persons carrying on the business under a trade name, farm name or other designation, such firm shall file with the Board information showing the names of the persons with a share or other ownership or equity interest in the firm of each person. 22 Oct 76 Part I s10. Meeting of the Producers 11(a) An annual meeting of the registered producers shall be held before the end of April each year on such day, time and place as the Board may by resolution determine.

8 8 SASKATCHEWAN COMMERCIAL (b) Special general meetings of the registered producers may be called by the Board at any time and shall be called by the Board upon the written request of the Natural Products Marketing Council or upon the written request of ten or more registered producers. In cases where a request for a special general meeting has been received, the Board shall provide for such meeting no later than thirty days following receipt of such a request. (c) At least fourteen days notice in writing specifying the place, the day and the hour of any annual meeting and at least seven days notice in writing specifying the place, the day and the hour of a special general meeting of the registered producers, and in the case of a special general meeting the general nature of the business shall be given by the Board to all registered producers by mailing such notice. 22 Oct 76 Part I s11. Voting by Producers 12(a) A producer shall not be eligible to vote for any purpose under the Plan unless the producer is both registered and licensed under the Plan. (b) For the purpose of voting at the annual meeting or at any special general meeting of the producers, each producer eligible to vote shall be entitled to one vote. (c) Where the registered producer is a corporation, co-operative, partnership, association, or unincorporated persons carrying on the business under a trade name, farm name or other designation, such registered producer shall be entitled to vote only through a designated representative and the designated representative s appointment must be filed with the Board prior to the commencement of the meeting at which the designated representative desires to have the right to vote. (d) Except as provided by 12(c) there shall be no voting by proxy. (e) The chairman of the Board or in his absence the vice-chairman shall preside at all meetings of the producers at which he is present. (f) In the absence of the chairman and the vice-chairman, the producers present entitled to vote shall choose another director or chairman and if no director is present or if all the directors present decline to take the chair, then, the producers present entitled to vote shall choose one of their number to be chairman. (g) If at any meeting a poll is demanded on the election of a chairman or on the question of adjournment, it shall be taken forthwith without adjournment. (h) Every question submitted to any meeting of producers shall be decided in the first instance by a show of hands and in the case of an equality of votes the chairman shall both on a show of hands and at a poll have a casting vote in addition to the vote to which he may be entitled as a producer. (i) At any meeting unless a poll is demanded, a declaration by the chairman that a resolution has been carried or carried unanimously or by any particular majority or lost or not carried by a particular majority shall be conclusive evidence of the fact.

9 SASKATCHEWAN COMMERCIAL 9 (j) If at any meeting a poll is demanded on any other question, it shall be taken in such manner and either at once or after adjournment as the chairman directs. The result of a poll shall be deemed to be the resolution of the meeting at which the poll was demanded. (k) A demand for a poll may be withdrawn. (l) The non-receipt of any notice of a meeting by any registered producer shall not invalidate any resolution passed or any proceedings taken at any meeting. 22 Oct 76 Part I s12. Election of Directors 13(a) Nominations and ballotting for the election of Directors are to be conducted by mail. (a.l) all Directors are to be elected from among the Producers at large; (a.2) three of the six Directors are to be elected in even numbered years and each of those Directors begins his or her term of office on January 1 of the odd-numbered year following his or her election; (a.3) three of the six Directors are to be elected in odd-numbered years and each of those Directors begins his or her term of office on January 1 of the even-numbered year following his or her election. (b) The Board shall make all arrangements for conducting the election of directors and shall fix a date for receiving nominations. At least twenty days before the date so fixed, a notice stating that nomination forms may be obtained from the Board, and giving the date fixed for receiving nominations, shall be sent by prepaid post to each producer who is eligible to vote. (c) Every nomination shall be in writing in the form prescribed by the Board and shall be signed by a producer eligible to vote or in the case of a body corporate, association or persons registered under a trade name, farm name or other designation by its authorized signing officer and also by the nominee, who shall be an individual producer eligible to vote or a designated representative as defined in this Plan, as accepting the nomination, and shall be delivered to the Board not later than the date fixed for receiving nominations. (d) In the event of not more than the required number of candidates being nominated, the said candidates shall be declared elected by acclamation. (e) In the event of more than the required number of candidates being nominated the Board shall, at least ten days prior to the date fixed for the election, send by prepaid post to each eligible producer the ballot, a certificate of eligibility to vote, together with a plain envelope, and notice of the time by which and the place to which the ballot and certificate of eligibility to vote, is to be returned. (f) All voting shall be by ballot, and the ballots, sealed in a plain envelope provided, shall be returned to the returning officer named by the Board either by person or by mail. The certificate of eligibility to vote forwarded with each ballot shall be returned with the sealed ballot, and shall be signed by the producer eligible to vote casting the ballot, or, in the case of a body corporate, association or persons registered under a trade name, farm name or other designation, by its authorized signing officer.

10 10 SASKATCHEWAN COMMERCIAL (g) If it appears upon counting the votes that two or more candidates for election to the Board have an equal number of votes, the returning officer shall write the names of such candidates separately on blank sheets of paper of equal size and of the same color and texture and, after folding the same in a uniform manner and so that the names are concealed, deposit them in a receptacle and direct some person to withdraw one of the sheets, and the candidate whose name appears on the sheet thus withdrawn shall be by the returning officer declared elected. The returning officer shall not be a producer nor an employee of the Board. (h) A producer shall be deemed to have received any notice, nomination paper or ballot under the foregoing clauses which is posted addressed to him at his last address registered with the Board. The failure of any person to receive any such notice, nomination paper or ballot shall not invalidate any election. (i) Every voter who votes shall vote for not more than the specified number of candidates required to fill the vacancies, in order for his ballot to be valid. (j) In the event of any delay or irregularity occurring in any election, or of any doubt arising as to the validity of the election, Natural Products Marketing Council shall have authority to determine who are the directors of the Board and to fix the said directors terms of office and to direct the holding of a special directors election if the Natural Products Marketing Council deems it advisable. (k) In the event of a vacancy occurring on the Board, the remaining directors of the Board shall have authority to fill such vacancy until the next election. 22 Oct 76 Part I s13; 8 Jun 79 SR 139/79 s3; 29 Apr 83 SR 59/83 s4; 15 May 92 SR 26/92 s4. Activities of the Board 14(a) The acts of the Board shall, notwithstanding any defect or irregularity in the election, appointment or qualifications of any director thereof, be as valid as if the Board and every director thereof had been duly elected or appointed and were duly qualified. (b) The Board shall meet following their election or appointment, and shall elect a chairman and vice-chairman from among their number, and may appoint a secretary-treasurer and such other officers as are deemed necessary, and such other persons so appointed need not be members of the Board. (c) Questions arising at any meeting of directors shall be decided by a majority of votes. In ease of an equality of votes, the chairman, in addition to his original vote shall have a second or casting vote. (d) The Board may invest any money in its possession or control that in its opinion is not immediately required for the purposes of its operations, in securities of or guaranteed by the Government of Canada and sell any securities so acquired by it and reinvest the proceeds thereof or any part thereof in like manner. (e) The Board may open bank accounts in the name of the Board and appoint signing officers.

11 SASKATCHEWAN COMMERCIAL 11 (f) The board may appoint such agents and employ such staff as the Board may from time to time deem necessary or advisable for the proper operation of this Plan. (g) The Plan administered by the Board may be a co-operative project which may or may not be operated as a pool. (h) Within six months after the end of each year the Board shall make available to all registered producers under this Plan a copy of its financial statement and a report of its operations for that year. (i) A copy of all orders and regulations shall be sent to all persons directly affected by such orders and regulations. 22 Oct 76 Part I s14. Powers of the Board 15 The Board is vested with the power necessary to effectively achieve the objectives of the Plan and promote, control and regulate the marketing of the regulated products that are within the Province and to prohibit such marketing in whole and in part, and without limiting the generality of the foregoing the Board shall have the powers as follows: (a) To regulate the time and place at which and to designate the agency by or through which the regulated products shall be marketed; to regulate the manner of distribution, the quantity and quality, grade or class of the regulated products that shall be marketed by any person at any time; and to prohibit in whole or in part the transportation, packing, storage or marketing of any grade, quality or class of the regulated products. (b) To market, including grading and insuring, eggs and egg products or any class, variety or grade thereof either as principal or agent. (c) To exempt from any order or regulation any person or class of persons engaged in the production or marketing of the regulated products or any class, variety or grade thereof. (d) To require any or all persons engaged in the production or marketing of the regulated products to register with, and obtain licenses from the Board and provide such guarantees of financial responsibility as may be deemed necessary in the opinion of the Board. (e) To issue licenses and to fix and collect license fees, charges for services rendered by the Board and penalties from any or all persons producing or marketing the regulated products; and for that purpose to classify such persons into groups and fix the license fees and charges or either of them payable by the members of the different groups in different amounts; and to recover any such license fees, charges and penalties or any of them by suit in any court of competent jurisdiction. (f) To cancel or suspend any license for violation of any part or provision of the Plan or any order of the Board or of the regulations and to reinstate any cancelled or suspended license. (g) To require full information relating to the production and marketing of the regulated products from all persons engaged therein; and to require from those persons periodic information in such form as the Board may determine, and to inspect the books and premises of those persons.

12 12 SASKATCHEWAN COMMERCIAL (h) To fix or determine the price or prices, maximum price or prices, minimum price or prices, or both maximum and minimum prices at which commercial eggs or any grade or class thereof; may be bought or offered for sale in the Province; and to fix different prices for different areas of the Province. (i) To require the person in charge of any vehicle in which the regulated products could be transported to permit such persons as may be designated by the Board for the purpose to search the vehicle. (j) To seize, remove, dispose of any regulated products marketed in violation of an order or regulation of the Board and retain or otherwise dispose of the proceeds thereof. (k) To use in carrying out the purposes of the Plan and paying the expenses of the Board any monies received by the Board. (l) To borrow, raise or secure the payment of money in such manner as the Board may think fit for the purpose of carrying out the objectives of the Plan. (m) To draw, make, accept, endorse, execute, issue, hypothecate or assign promissory notes, bills of exchange and other negotiable or transferable instruments. (n) To purchase, take on lease or in exchange or otherwise acquire real property for the purposes of its business and to sell or otherwise dispose of, or mortgage, real property acquired by the Board. (o) To require any person who owes money to a producer in respect of the sale of any regulated product by the producer to the person to pay the money to the Board which shall then distribute the money, in a manner and fashion to be determined by the Board, to the producer to whom the money is owing. (p) To make such orders as are deemed by the Board necessary or advisable to promote, control and regulate the marketing of the regulated products, and to amend or revoke such orders subject to approval of the Council. (q) To carry out educational and research programs relating to the production, marketing and consumption of the regulated products. 22 Oct 76 Part I s15. Auditor 16 The auditor for the Board shall be appointed by the registered producers at the annual meeting or at any special general meeting of the producers. 22 Oct 76 Part I s16. Quorum 17(a) A majority of the directors of the Board shall constitute a quorum. (b) A quorum required for the conducting of business relative to this Plan at any annual or special general meeting of the producers shall be ten registered producers. 22 Oct 76 Part I s17.

13 SASKATCHEWAN COMMERCIAL 13 Remuneration 18(a) The remuneration to be paid from time to time to the directors of the Board shall be fixed by the producers at the annual meeting or at any special general meeting of the producers. (b) The officers and staff of the Board or of any committee appointed by the Board may be paid such remuneration as may be fixed by resolution of the Directors; which shall be paid as an expense out of the general revenue of the Board; and shown in the annual report presented to the annual meeting in each year. 22 Oct 76 Part I s18. Penalties 19(a) No director, officer or staff of the Board, acting in good faith, shall be held personally liable for any act of the Board. (b) Every person who fails to comply with any determination, regulation or order of the Board is guilty of an offence and liable to such penalties and order provided under the Act. (c) Where a person has been convicted by a court of an offence under the Plan all rights and licenses of the person under the Plan are cancelled. The Board may reinstate such rights and licences by unanimous vote of the directors. 22 Oct 76 Part I s19. Quotas 20(a) The Board may by order provide for the fixing and allotting of quotas to persons for the production and marketing of the regulated products. (b) A quota allotted to a person by the Board remains the property of the Board and that person shall not assign, sell or offer for sale or receive payment for any such quota. (c) Registered Producers who are licensed and in good standing shall have their quotas renewed annually by the Board upon application on forms supplied by the Board. (d) Applications for quota increases shall be considered by the Board from time to time. (e) Smaller producers of commercial eggs, as determined by the Board, shall be given preference by the Board in the allocation of quota increases. (f) Provision shall be made by the Board for allowing new producers to enter into the production of commercial eggs. (g) The Board shall institute and maintain a priority list for new and increased quotas which may be based on area needs. (h) A decrease in total provincial quota allocation, as determined by the Board, shall cause a decrease of all quotas allotted to registered producers or groups of registered producers by an equal percentage. 22 Oct 76 Part I s20.

14 14 SASKATCHEWAN COMMERCIAL Transfer of Quotas 21(a) Subject to this section, no producer may transfer all or any part of a quota. (b) No remuneration shall be paid or received by any person in consideration of the allotting or the fixing of a quota, and no quota may either directly or indirectly be bought, sold or leased. (c) Notwithstanding anything contained in this section where a producer intends to sell, lease or otherwise assign any production unit presently used in the production of eggs, and the purchaser, leasee or assignee wishes to engage in the production and marketing of eggs, the Board may cancel the quota of the producer so selling, leasing or otherwise assigning and may allot to the person so acquiring the production unit a quota in respect of that unit. (d) If a quota is allotted by reason of a sale, lease or other assignment of a production unit, the quota allotted shall not be greater than the quota previously allotted in respect of that unit. (e) An application under subsection (c) of this section shall be made prior to the completion of the sale, lease or assignment of the production unit, but if approved, the new quota shall not take effect and the old quota shall not be cancelled until the completion of the transaction and the filing of such proof of completion of the transaction as the Board may require. (f) Where a quota has been issued in the name of a limited company, the Board may revoke the quota if there is a change in the beneficial ownership of all or any part of the shares in that company. (g) Any application to the Board for the cancelling and reallotting of a quota shall be made by the vendor in the case of a transfer of title, and by the lessor in the case of a lease agreement. (h) Subject to the foregoing, the Board shall not unreasonably withhold the reallocation of quota to the purchaser, leasee or assignee. 22 Oct 76 Part I s21. Budget 22(a) The Board shall prepare a list of estimated expenditures for each year. (b) The Board shall set a schedule of fees to recover such estimated expenditures and may include provision for a surplus but such surplus shall not be greater than twenty per cent of total revenue. (c) In the event that a loss is sustained through unexpected expenses, the Board shall institute a fee structure to recover such losses within the next five years. 22 Oct 76 Part I s22. Co-operation 23(a) The Board may co-operate and enter into agreements with any Saskatchewan Agency, Canada Agency or extra-provincial agency to regulate the marketings of the regulated products of the province and may act conjointly with the Saskatchewan Agency, Canada Agency or extra-provincial Agency and may perform such functions and duties and exercise such powers as are prescribed by the Act and the regulations made pursuant thereto.

15 SASKATCHEWAN COMMERCIAL 15 (b) The Board may perform any function or duty and exercise any power imposed or conferred upon it by or pursuant to a Canada or extra-provincial Act with reference to the marketing of the regulated products. (c) Subject to the approval of the Council, the Board may delegate any of its powers and assign any of its functions or duties conferred or imposed on it by the Act or the regulations to any agency established under 27A(1) of the Act and the agency to which the powers have been delegated and the functions and duties assigned may exercise the powers and shall perform the functions and duties. 22 Oct 76 Part I s23. Advisory Committee 24(a) There shall be a committee known as the Egg Board Advisory Committee. (b) The Committee shall be composed of five members. 1 The Board shall appoint two members. 2 The Saskatchewan Egg and Poultry Association shall be invited to appoint one member. 3 The Saskatchewan Division of the Canadian Feed Manufacturers Association shall be invited to appoint one member. 4 The Saskatchewan Hatchery Association shall be invited to appoint one member, and 5 The Board shall designate one of its two members as chairman. 6 The Board may appoint the members where the associations in 24(b), 2, 3 and 4 fail to name a member. (c) The members of the Egg Board Advisory Committee shall remain in office until replaced by their respective organizations. (d) The Egg Board Advisory Committee shall arrange and conduct its meetings as it deems necessary and may make recommendations to the Board with respect to the egg industry. 22 Oct 76 Part I s24. Conciliation Committee 25(a) There shall be a committee known as the Egg Board Conciliation Committee. (b) The Conciliation Committee shall be composed of three members. 1 One member shall be appointed by the Egg Board Advisory Committee. 2 One member shall be appointed by the Board. 3 One member shall be appointed by the Saskatchewan Department of Agriculture. (c) The Board shall refer all unresolved grievances to the Conciliation Committee for recommendation. 22 Oct 76 Part I s25.

16 16 SASKATCHEWAN COMMERCIAL Right of Appeal 26 Subject to the provisions of the Act a person who considers himself aggrieved by an act or omission of the Board may within forty-five days after the act or omission appeal the matter to the Council. 22 Oct 76 Part I s26. Amendments 27(1) The Board may submit a request for the amendment of the Plan to the Minister after: (a) The said agreement has been submitted to a vote of the registered producers and (b) A majority of 60% of these voting have approved the proposed amendment. (2) The vote on the proposed amendment may be taken at a general meeting or at any special general meeting or by mail ballot. 22 Oct 76 Part I s27. Dissolution 28(1) The Board may submit a request to the Minister that the Plan be dissolved after: (a) The request for dissolution has been submitted to a vote of the registered producers; and (b) A majority of 60% of these voting have approved the request for dissolution. (2) The vote referred to in 28(1) may be taken at a general meeting or at any special general meeting or by mail ballot. 22 Oct 76 Part I s28. Definition 1 In this Part, PART II Agency means the Canadian Egg Marketing Agency established by the Canadian Egg Marketing Agency Proclamation issued pursuant to the Farm Products Marketing Agencies Act (Canada). Board means in the province of Saskatchewan, Natural Products Marketing Council of Saskatchewan. Commodity Board means, in Saskatchewan, Saskatchewan Egg Producers. Quota means the number of dozens of eggs that an egg producer is entitled to market in intraprovincial trade through normal marketing channels, or to have marketed on his behalf by the Commodity Board in intraprovincial trade, during a specified period of time.

17 SASKATCHEWAN COMMERCIAL 17 Quota System means a system whereby egg producers are assigned quotas by the Board or the Commodity Board thus enabling the Commodity Board to fix and determine the quantity, if any, in which eggs or any variety, class or grade thereof may be marketed in intraprovincial trade by each egg producer and by all egg producers. 22 Oct 76 Part II s1; 2 Oct 98 SR 71/ 98 s5. Quota Systems 2 The Board or Commodity Board shall on the coming into force of this Part establish by order or regulation, a quota system in order to assign quotas to all members of classes of producers in the province in such manner that the number of dozens of eggs produced in the province and authorized to be marketed in intraprovincial trade in the year 1973, when taken together with the number of dozens of eggs produced in the province and authorized to be marketed in intraprovincial and export trade, in the same year, pursuant to quotas assigned by the Agency and the number of dozens of eggs produced in the province and anticipated to be marketed in the same year, other than as authorized by a quota assigned by the Agency or by the Board or Commodity Board, will equal the number of dozens of eggs set out in Section 3 of this Part. 22 Oct 76 Part II s2. Number of dozens of eggs for the province 3 For the purposes of Section 2 of this Part, the number of dozens of eggs set out in this Section for the province is the number of dozens set out in Column II of an item of the following table in respect of the province as set out in Column I of that item, such number of dozens representing the percentage set out in Column III of that item. Table Column I Column II Column III 1 British Columbia 57,250, per cent 2 Alberta 41,344, per cent 3 Saskatchewan 22,611, per cent 4 Manitoba 54,189, per cent 5 Ontario 181,267, per cent 6 Quebec 78,647, per cent 7 New Brunswick 8,683, per cent 8 Nova Scotia 19,504, per cent 9 Prince Edward Island 3,028, per cent 10 Newfoundland 8,477, per cent 22 Oct 76 Part II s3. No order or regulation made 4(1) No order or regulation shall be made where the effect thereof would be to increase the aggregate of (a) The number of dozens of eggs produced in the province and authorized by quotas assigned by the Board or Commodity Board and by the Agency to be marketed in intraprovincial, interprovincial and export trade, and

18 18 SASKATCHEWAN COMMERCIAL (b) The number of dozens of eggs produced in the province and anticipated to be marketed in intraprovincial, interprovincial and export trade other than as authorized by quotas assigned by the Board or Commodity Board and by the Agency to a number that exceeds, on a yearly basis, the number of dozens of eggs set out in Section 3 of this Part for the province unless the Board or Commodity Board has taken into account: (c) The principle of comparative advantage of production in respect of each province, (d) Any variation in the size of the market for eggs, (e) Any failures by egg producers in the province or provinces to market the number of dozens of eggs authorized to be marketed, (f) The feasibility of increased production in each province to be marketed, and (g) Comparative transportation costs to market areas from alternative sources of production, and the Agency is making a similar order or regulation, (2) No order or regulation shall be made where the effect thereof would be to decrease the aggregate of: (a) The number of dozens of eggs produced in the province and authorized by quotas assigned by the Board or Commodity Board and by the Agency to be marketed in intraprovincial, interprovincial and export trade, and (b) The number of dozens of eggs produced in the province and anticipated to be marketed in intraprovincial, interprovincial and export trade other than as authorized by quotas assigned by the Board or Commodity Board and by the Agency to a number that, on a yearly basis, is less than the number of dozens of eggs set out in Section 3 of this Part for the province unless at the same time the number of dozens of eggs produced in each other province and so authorized to be marketed in intraprovincial, interprovincial and export trade is decreased proportionately. (3) When the Agency has made an order or regulation pursuant to provisions of a marketing plan similar to the provisions of subsections (1) or (2), the Commodity Board shall make a similar order or regulation. 22 Oct 76 Part II s4. Egg producer required to make excess available 5 The Board or the Commodity Board may require each egg producer to whom a quota is assigned, as a condition of the assignment thereof, to make available to the Commodity Board or its agent all eggs produced by him and available to be marketed in excess of the quota assigned to him at a price not exceeding the difference, if any, between the price realized by the Commodity Board or its agent on the marketing of such eggs and its expenses related to such marketing. 22 Oct 76 Part II s5.

19 SASKATCHEWAN COMMERCIAL 19 Board may market eggs 6(1) The Commodity Board may market eggs made available to it or its agent on an individual or collective basis and may pool the receipts from the marketing thereof and deduct from the pool the expenses incurred by it or by its agent in marketing such eggs before any payment is made to the producers. (2) The Commodity Board shall not market any quantity of the products made available to it in excess of the number of eggs referred to in Sections 2 and 3 or as modified pursuant to Section 4 of this Part, without prior consultation with the Agency. 22 Oct 76 Part II s6. Board may implement provisions of Canadian Egg Marketing Agency Proclamation 7 The Commodity Board shall with the concurrence of the Agency, administer, on its behalf all orders and regulations made by it for the purpose of establishing and implementing a quota system or any such orders or regulations necessary to implement the provisions of the Canadian Egg Marketing Agency Proclamation and similar provisions of this Part. 22 Oct 76 Part II s7. Board shall make orders and regulations 8 The Board and Commodity Board shall make, approve and implement any order or regulation necessary to reflect any provisions of this Part. 22 Oct 76 Part II s8. Licences 9 The Board or Commodity Board shall make available to the Agency any document or extract of documents establishing the registration or licensing of producers, when any such system is in force. 22 Oct 76 Part II s9. Levies 10 The Commodity Board shall, with the concurrence of the Agency collect on its behalf any levies imposed by the Agency. 22 Oct 76 Part II s10. Sales Verification 11(1) The Board or Commodity Board shall make regulations and orders requiring producers, graders, graders-producers, dealers, wholesalers, and processors, to give all the information necessary to monitor sales. (2) The Board or Commodity Board shall establish a verification system of sales. (3) The Board or Commodity Board shall provide all information obtained from the implementation of the system referred to in subsection (2) of the Agency when requested. 22 Oct 76 Part II s11.

20 20 SASKATCHEWAN COMMERCIAL General 12 The Board or the Commodity Board shall take all reasonable steps to promote a high degree of co-operation between itself and the Agency, and without limiting the generality of the foregoing, shall: (a) Make available to the Agency the records, minutes and decisions of the Board or Commodity Board in relation to any matter that is of concern to the Agency. (b) Allow an officer or employee of the Agency who is designated by the Agency for such purpose to attend meetings of the Board or Commodity Board at which any matter that is of concern to the Agency is likely to be discussed and for such purpose shall give notice of all such meetings to the officer or employee so designated; and, (c) Give notice of each order or regulation that it proposes to make to the Agency that is likely to be affected in its operations by the enactment of the order or regulation. 22 Oct 76 Part II s12. Authority and powers 13 The authority and powers referred to in the province of Saskatchewan, in sections 3, 4, 10, 12, 15, 20, 21, and 24 of the Saskatchewan Commercial Egg Producers Marketing Plan and any substituted similar provisions are restricted by and subject to the provisions of this Part. 22 Oct 76 Part II s13. Coming into force 14 This Part shall come into force on the same day the Canadian Egg Marketing Agency Proclamation comes into force. 22 Oct 76 Part II s14. REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN S PRINTER Copyright 1998