The Natural Products Marketing Act

Transcription

1 The Natural Products Marketing Act UNEDITED being Chapter N-3 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979). 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 Table of Contents 1 Short title 2 Interpretation 3 Purpose of Act 4 Grants by minister PART I COUNCIL 5 Constitution 6 Secretary and staff 7 Duties of council 8 Meetings 9 Quorum 10 Annual report PART II PRODUCER MARKETING BOARD 11 Establishment, etc., of plans and boards 12 Request for establishment of plan 13 Vote on question of establishment of plan 14 Establishment 15 Powers of board 16 Activities of board 17 Orders of board to be approved by council 18 Amendment of plan 19 Appeal of board acts, etc. 20 Powers of council 21 Vote as to continuance of plan PART III MARKETING COMMISSIONS 22 Establishment of plans and commissions 23 Powers of commission 24 Agency of commission 25 Appeal of commission acts, etc. 26 Rescission of plan PART IV GENERAL 27 Co-operation with agencies of other jurisdictions 28 Agreements respecting establishment of certain agencies, purposes of agencies 29 Powers, etc., under Acts of other jurisdictions 30 Powers of other jurisdictions 31 Regulations 32 Offences and penalties 33 Order of provincial magistrate to pay fees, etc. 34 Proof 35 Proof in prosecutions 36 Purpose of Legislature 37 Orders, etc., of boards, commissions, etc., as evidence 38 Certain boards continued 39 Appropriation

3 CHAPTER N-3 An Act respecting the Marketing of Natural Products Short title 1 This Act may be cited as The Natural Products Marketing Act. R.S.S. 1978, c.n-3, s.1. Interpretation 2 In this Act: board (a) board means a producer marketing board established under Part II; Canada Act (b) Canada Act means any Act enacted by the Parliament of Canada with objects similar to this Act; Canada agency (c) Canada agency means a board, commission or other body constituted under an Act of the Parliament of Canada with objects similar to this Act; commission (d) commission means a marketing commission established under Part III of this Act; council (e) council means the Natural Products Marketing Council constituted under section 5; extra-provincial Act (f) extra-provincial Act means an Act of a Legislature of another province, with objects similar to this Act; extra-provincial agency (g) extra-provincial agency means a board, commission or other body constituted under an extra-provincial Act with objects similar to this Act; marketing, etc (h) marketing includes buying, selling, offering for sale, advertising, financing, assembling, storing, packing, processing and shipping and transporting in any manner by any person, and market and marketed have corresponding meanings; minister (i) minister means the Minister of Agriculture; natural product (j) natural product means any product of agriculture or of the forest, lake or river, animals including poultry whether alive or killed, skins and pelts of fur bearing animals, meats, eggs, wool, dairy products, grains, seeds, vegetables, vegetable products, fruit and fruit products, honey, and any article of food, wholly or partially manufactured or delivered from any such product ; person plan (k) person means an individual, partnership, co-operative or corporation and includes unincorporated groups of individuals that share a common production unit ; (l) plan means a plan for the promotion, control and regulation of the marketing of a natural product within the province or any part thereof;

4 4 c. N-3 NATURAL PRODUCTS MARKETING producer (m) producer means a person, as defined in a plan, producing a regulated product in a regulated area; regulated area (n) regulated area means the area as defined in a plan; regulated product (o) regulated product means any natural product, the marketing of which is promoted, controlled or regulated by or pursuant to this Act; Saskatchewan agency (p) Saskatchewan agency means a board, commission or council as defined in this section or an association as defined in The Co-operative Marketing Associations Act; vehicle (q) vehicle includes any motor vehicle, wagon, railway car, ship, boat, aeroplane or other conveyance in which any natural product can be transported. 1972, c.83, s.2; 1973, c.69, s.2; R.S.S. 1978, c.n-3, s.2. Purpose of Act 3 The purpose and intent of this Act is to provide for the promotion, control and regulation in any or all respects of the marketing of natural products that are within the province, including the prohibition of such marketing in whole or i n part. 1972, c.83, s.3; R.S.S. 1978, c.n-3, s.3. Grants by minister 4 Subject to the approval of the Lieutenant Governor in Council, the minister may make grants to persons for any purpose connected with the marketing of a natural product. 1972, c.83, s.4; R.S.S. 1978, c.n-3, s.4. PART I COUNCIL Constitution 5 The Lieutenant Governor in Council shall constitute a council to be known as the Natural Products Marketing Council, to consist of not less than five and not more than seven members, the majority of whom shall be farmers and shall designate one member to be chairman and one to be vice-chairman and shall fix the remuneration and allowances to be paid to members of the council. 1972, c.83, s.5; R.S.S. 1978, c.n-3, s.5.

5 NATURAL PRODUCTS MARKETING c. N-3 5 Secretary and staff 6 The Lieutenant Governor in Council may also appoint a secretary of the council and such other officers and staff as the council may require for the carrying out of the provisions of this Act and the regulations and may fix their remuneration. 1972, c.83, s.6; R.S.S. 1978, c.n-3, s.6. Duties of council 7 The council shall: (a) advise the minister on all matters relating to the establishment and operation of boards, commissions and any agencies empowered to act under this Act; (b) be responsible to the minister for the operation and administration of boards and commissions and for that purpose, shall make and enforce such regulations as may from time to time be approved by the Lieutenant Governor in Council (c) conduct or supervise votes on marketing plans as required by the Lieutenant Governor in Council or the minister; (d) perform such other duties relating to the marketing of natural products as the minister may require. 1972, c.83, s.7; R.S.S. 1978, c.n-3, s.7. Meetings 8 Meetings of the council may be called by the chairman or by the secretary and shall be called on the written request of not less than three members of the council and the council may meet together for the dispatch of business, adjourn and otherwise regulate its meetings as it deems necessary. 1972, c.83, s.8; R.S.S. 1978, c.n-3, s.8. Quorum 9 A majority of the members of the council shall constitute a quorum. 1972, c.83, s.9; R.S.S. 1978, c.n-3, s.9. Annual report 10(1) The council shall on or before the thirty-first day of December in each year submit a report to the minister showing the names of the boards, commissions and any agencies operating under this Act, the names of the directors of such boards, commissions and agencies, and such other information as the minister may require. (2) The minister shall, in accordance with The Tabling of Documents Act, lay before the Legislative Assembly each report submitted to him pursuant to subsection (1). 1972, c.83, s.10; R.S.S. 1978, c.n-3, s.10.

6 6 c. N-3 NATURAL PRODUCTS MARKETING PART II PRODUCER MARKETING BOARD Establishment, etc., of plans and boards 11(1) Subject to the provisions of sections 13 and 14 respecting the taking of a vote, the Lieutenant Governor in Council may establish, amend or revoke plans for the promotion, control and regulation within the province of the marketing of any natural product, constitute boards to administer such plans and vest in those boards respectively any powers considered necessary or advisable to enable them effectively to promote, control and regulate the marketing of any natural products that are within the province and to prohibit such marketing in whole or in part. (2) A plan may relate to the whole of the province or to any area within the province and may relate to one or more natural products or to any grade or class or variety thereof. (3) Each board constituted under this section shall be a body corporate. (4) No director or officer of a board, acting in good faith, shall be held personally liable for any act of the board. (5) A plan administered by a board may be a co-operative project which may or may not be operated as a pool. (6) A board administering a co-operative project may register under The Co-operative Marketing Associations Act. 1972, c.83, s.11; R.S.S. 1978, c.n-3, s.11. Request for establishment of plan 12(1) A group of persons engaged in the production or marketing of a natural product seeking the establishment of a marketing plan under section 11 shall submit their request, together with three copies of the proposed plan signed by their representatives, to the minister. (2) Upon receipt of a request under subsection (1), and upon receipt of such further information as he may request, the minister shall refer the request to the council for their consideration. (3) The council shall study and assess the plan and may require such further information concerning the plan and its proposed operation as the council deems necessary. (4) In order to determine the representative nature of a request for the establishment of a plan, the council may hold or cause to be held, public hearings for the purpose of receiving representations for or against the proposal. (5) The council may recommend to the minister: (a) that it is not expedient to establish the plan; or (b) that the question of the approval of the plan be submitted to a vote of the producers as defined in the plan. 1972, c.83, s.12; R.S.S. 1978, c.n-3, s.12.

7 NATURAL PRODUCTS MARKETING c. N-3 7 Vote on question of establishment of plan 13(1) Where the minister receives a recommendation under clause (b) of subsection (5) of section 12, he shall recommend to the Lieutenant Governor in Council that a vote be taken on the question of whether or not the plan should be established. (2) The vote shall be conducted by such persons, at such time and place and in such manner as the Lieutenant Governor in Council may prescribe. 1972, c.83, s.13; R.S.S. 1978, c.n-3, s.13. Establishment 14 Where not less than sixty per cent of the producers as defined in the proposed plan within the area to which the proposed plan is to apply who vote on the question of whether or not the plan should be established, vote in favour of the establishment of the plan, the Lieutenant Governor in Council shall by order establish the plan and designate the date upon which the plan shall take effect and upon which the provisional board named in the plan shall take office, and the order shall be published forthwith in The Saskatchewan Gazette. 1972, c.83, s.14; R.S.S. 1978, c.n-3, s.14. Powers of board 15 The Lieutenant Governor in Council may vest in a board any or all of the following powers: (a) to regulate the time and place at which, and the agency through which, any regulated product or any variety, class or grade thereof shall be marketed; (b) to regulate the manner of distribution, the quantity and quality, grade or class of any regulated product that is marketed by any person at any time; (c) to prohibit in whole or in part the transportation, packing, storing or marketing of any regulated product of any grade, quality or class; (d) to market, including grading and insuring, the regulated product either as principal or agent; (e) to exempt from any order or regulation any person or class of persons engaged in the production or marketing of the regulated product or any class, variety or grade thereof; (f) to require any or all persons engaged in the production or marketing of the regulated product to register with, and obtain licences from the board and provide such guarantees of financial responsibility as may be deemed necessary; (g) to issue licences and to fix and collect licence fees, charges for services rendered by the board and penalties from any or all persons producing or marketing the regulated product; and for that purpose to classify such persons into groups and fix the licence fees and charges or either of them payable by the members of the different groups in different amounts; and to recover any such licence fees, charges and penalties or any of them by suit in any court of competent jurisdiction; (h) to cancel or suspend any licence for violation of any part or provision of a plan or any order of a board or of the regulations and to reinstate any cancelled or suspended licence;

8 8 c. N-3 NATURAL PRODUCTS MARKETING (i) to require full information relating to the production and marketing of the regulated product 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; (j) to fix or determine the price or prices, maximum price or prices, minimum price or prices, or both maximum and minimum prices at which the regulated product or any grade or class thereof, may be bought or offered for sale in the province; and to fix different prices for different zones of the province; (k) to require the person in charge of any vehicle in which the regulated product could be transported to permit such persons as may be designated by the board for the purpose to search the vehicle; (l) to seize, remove and dispose of any of the regulated product marketed in violation of an order of the board and retain or otherwise dispose of the proceeds thereof; (m) to use in carrying out the purposes of the plan and paying the expenses of the board any moneys received by the board; (n) 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 objects of the plan; (o) to draw, make, accept, endorse, execute, issue, hypothecate or assign promissory notes, bills of exchange and other negotiable or transferable instruments; (p) 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; (q) to make such orders as are deemed by the board necessary or advisable to promote, control and regulate the marketing of the regulated product, and to amend or revoke such orders subject to approval of the council. (r) to carry out educational and research programs relating to natural products; (s) 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. 1972, c.83, s.15; 1973, c.69, s.3; R.S.S. 1978, c.n-3, s.15. Activities of board 16(1) The acts of every 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. (2) Within six months after the end of each year a board shall make available to all producers under its plan a copy of its financial statement and a report of its operations for that year.

9 NATURAL PRODUCTS MARKETING c. N-3 9 (3) A board shall maintain a register or list of the names and addresses of producers registered and entitled to vote under the plan, and the register or list shall be available for inspection during normal office hours at the head office of the board. (4) A board shall forward to the council: (a) copies of reports and minutes of all meetings of the board within a reasonable time thereafter; (b) a certified copy of the auditor s report respecting the board not less than three months after the end of each year; and (c) such other information as the council may from time to time request. 1972, c.83, s.16; R.S.S. 1978, c.n-3, s.16. Orders of board to be approved by council 17(1) An order of a board shall not be effective unless it is approved by the council. (2) The designation of a marketing agency by a board shall not be effective unless it is approved by the council. 1972, c.83, s.17; R.S.S. 1978, c.n-3, s.17. Amendment of plan 18(1) A board may submit a request for the amendment of a plan to the minister and the minister may, after having received the advice of the council, recommend such amendment to the Lieutenant Governor in Council. (2) In authorizing an amendment to a plan, the Lieutenant Governor in Council shall designate a date upon which the amendment shall take effect and such designation shall be published forthwith in the Gazette. 1972, c.83, s.18; R.S.S. 1978, c.n-3, s.18. Appeal of board acts, etc. 19(1) A person who considers himself aggrieved by an act or omission of a board may within forty-five days after the act or omission, appeal the matter to the council and the council shall forthwith after making its decision on the appeal, notify the person and the board of its decision. (2) The procedure on an appeal to the council shall be such as the Lieutenant Governor in Council may prescribe and there shall be no further appeal. 1972, c.83, s.19; 1972, c.122, s.19; R.S.S. 1978, c.n-3, s.19. Powers of council 20 The council may: (a) require a board to hold an election of directors in any case where the producers have failed to elect directors of the board and the board is required by the regulations to have directors; (b) fill any vacancy in the directorship of any board when the directors of the board do not constitute a quorum. 1972, c.83, s.20; R.S.S. 1978, c.n-3, s.20.

10 10 c. N-3 NATURAL PRODUCTS MARKETING Vote as to continuance of plan 21(1) The council may recommend to the minister that a vote be held to determine whether or not the producers defined in a plan are in favour of the continued operation of the plan. (2) Where the minister deems it advisable he may instruct the council to hold a vote of the producers defined in the plan as to whether or not the plan should be continued; but no vote shall be held unless the plan has been in operation for at least three years. (3) Where the minister has instructed the council to take a vote, the council shall conduct a vote of the producers defined in the plan in such manner and at such time and place as the minister may prescribe. (4) If on the holding of the vote, not less than sixty per cent of those voting are in favour of the dis-establishment of the plan, the Lieutenant Governor in Council shall by order specify the date upon which the plan shall cease, and such order shall be published forthwith in the Gazette. 1972, c.83, s.21; R.S.S. 1978, c.n-3, s.21. PART III MARKETING COMMISSIONS Establishment of plans and commissions 22(1) Subject to subsection (2), the Lieutenant Governor in Council may by order establish, amend and revoke plans for the promotion, control and regulation within the province of the marketing of any natural product and may by order establish commissions to administer such plans and may vest in those commissions any powers deemed necessary to enable them effectively to promote, control and regulate the marketing of any natural products that are within the province. (2) A plan may relate to the whole of the province or to any area within the province and may relate to one or more natural products or to any grade or class thereof. (3) A commission constituted under this section shall be a body corporate. (4) A plan administered by a commission may be a co-operative project which may or may not be operated as a pool. (5) A commission administering a co-operative project may register under The Co-operative Marketing Associations Act. (6) An order of the Lieutenant Governor in Council, establishing a commission and a plan shall name the persons who are to constitute the commission and the chairman thereof, shall designate the date upon which the plan shall take effect and upon which the appointed members of the commission shall take office, and such order shall be published forthwith in the Gazette. 1972, c.83, s.22; R.S.S. 1978, c.n-3, s.22.

11 NATURAL PRODUCTS MARKETING c. N-3 11 Powers of commission 23 The Lieutenant Governor in Council may vest in a commission any or all of the following powers: (a) to determine the time and place at which, and the agency through which the regulated product or any variety, class, or grade thereof shall be marketed (b) to carry out educational and research programs relating to natural products; (c) to exempt from the plan and any order any person or class of persons engaged in the marketing of the regulated product or any class, variety or grade thereof; (d) to require any or all persons who are engaged in the production or marketing of any regulated products to register with the commission; (e) to require all persons who are engaged in the marketing of any regulated products to obtain licences from the commission and provide such guarantees of financial responsibility as may be deemed necessary; (f) to issue licences and to fix and collect licence fees, charges for services rendered by the commission and penalties from any or all persons producing or marketing the regulated product; and for that purpose to classify such persons into groups and fix the licence fees and charges or either of them payable by the different groups in different amounts; and to recover any such licence fees, charges and penalties or any of them by suit in any court of competent jurisdiction; (g) to require full information relating to the marketing of the regulated product from all persons engaged therein; and to require from those persons periodic information in such form as the commission may determine, and to inspect the books and premises of those persons; (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 the regulated product, or any grade or class thereof, may be bought or offered for sale in the province; and to fix different prices for different zones of the province; (i) to require the person in charge of any vehicle in which the regulated product could be transported to permit such persons as may be designated by the commission to search the vehicle; (j) to seize, remove and dispose of any regulated product that is marketed in violation of any provision of this Act or of any order of the commission and retain or dispose of the proceeds of the product disposed of; (k) to use in carrying out the purposes of the plan and paying the expenses of the commission any moneys received by the commission; (l) to borrow, raise or secure the payment of money in such manner as the commission may think fit for the purpose of carrying out the objects 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;

12 12 c. N-3 NATURAL PRODUCTS MARKETING (n) to purchase, take on lease or in exchange or otherwise acquire real property for the purpose of its business and to sell or otherwise dispose of, or mortgage, real property acquired by the commission; (o) to make such orders as are deemed by the commission necessary or advisable to promote and regulate effectively the marketing of the regulated product, and to amend or revoke such orders; (p) to market as principal or agent any regulated product, and grade and insure any such product; (q) to cancel or suspend any licence for violation of any part or provision of a plan or any order of the commission or of the regulations and to reinstate any cancelled or suspended licence; (r) 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 commission which shall then distribute the money, in a manner and fashion to be determined by the commission, to the producer to whom the money is owing. 1972, c.83, s.23; 1972, c.122, s.19; 1973, c.69, s.14; R.S.S. 1978, c.n-3, s.23. Agency of commission 24 Subject to the approval of the council, a commission may appoint an agency to carry out or perform such functions and duties respecting the marketing of a regulated product under its jurisdiction as the commission may designate. 1972, c.83, s.24; R.S.S. 1978, c.n-3, s.24. Appeal of commission acts, etc. 25(1) Any person who considers himself aggrieved by an act or omission of a commission may, within forty-five days after the act or omission, appeal the matter to the council and the council shall forthwith after making its decision on the appeal notify the person and the commission of its decision. (2) The procedure on an appeal to the council shall be such as the Lieutenant Governor in Council may prescribe and there shall be no further appeal. 1972, c.83, s.25; 1972, c.122, s.19; 1973, c.106, s.4; R.S.S. 1978, c.n-3, s.25. Rescission of plan 26(1) The council may, at any time, recommend to the minister that a plan administered by a commission or that a regulation, order or direction of a commission be rescinded. (2) An order of the Lieutenant Governor in Council rescinding a plan shall designate the date upon which the rescission of the plan shall take effect and shall be published forthwith in the Gazette. 1972, c.83, s.26; R.S.S. 1978, c.n-3, s.26.

13 NATURAL PRODUCTS MARKETING c. N-3 13 PART IV GENERAL Co-operation with agencies of other jurisdictions 27 A board or a commission may co-operate with any Saskatchewan agency, Canada agency or extra-provincial agency to regulate the marketing of any natural product 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 this Act and the regulations. 1972, c.83, s.27; 1973, c.69, s.5; R.S.S. 1978, c.n-3, s.27. Agreements respecting establishment of certain agencies, purposes of agencies 28(1) A board or commission may, with the approval of the Lieutenant Governor in Council, co-operate and enter into agreements with the Government of Canada or the Government of Saskatchewan or of any other province of Canada, any agency, board or commission of those governments, any person, or any combination of such governments, agencies, boards, commissions or persons, to establish an agency, and may establish an agency, that may or may not be a body corporate, for the purposes set out in subsection (3). (2) Subject to the approval of the council, a board or commission may delegate any of its powers and assign any of its functions or duties conferred or imposed on it by this Act or the regulations to an agency established under subsection (1) 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. (3) An agency may be established under subsection (1) for any or all of the purposes set out in this subsection or, subject to the approval of the council, for any other purpose: (a) to market a product in co-operation with the Government of Canada or the Government of Saskatchewan or any other province of Canada or with any agency, board or commission of those governments, or with any of them, in any region within or without Canada; (b) to regulate the marketing of products in co-operation with the Government of Canada or the Government of Saskatchewan or any other province of Canada or with any agency, board or commission of those governments, or with any of them; (c) to advertise or promote products jointly with the Government of Canada or the government of Saskatchewan or any other province of Canada or with any agency, board or commission of those governments, or with any of them; (d) to pursue a common marketing strategy in co-operation with the Government of Canada or the Government of Saskatchewan or any other province of Canada or with any agency, board or commission of those governments, or with any of them; (e) to pursue any other objectives in common with the Government of Canada or the Government of Saskatchewan or any other province of Canada or with any agency, board or commission of those governments, or with any of them, which, in the opinion of the board or commission, will benefit producers. 1973, c.69, s.6; R.S.S. 1978, c.n-3, s.28.

14 14 c. N-3 NATURAL PRODUCTS MARKETING Powers, etc., under Acts of other jurisdictions 29 A board or commission ma y, with the approval of the Lieutenant Governor in Council, 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 a natural product. 1972, c.83, s.28; R.S.S. 1978, c.n-3, s.29. Powers of other jurisdictions 30 A Canada or extra-provincial agency may, with the approval of the Lieutenant Governor in Council, exercise any of its powers with reference to the marketing of a natural product in any manner and under any circumstances within provincial jurisdiction, to the like extent and with the like effect as those powers are exercisable by it pursuant to the Canada or extra-provincial Act with reference to the marketing of that natural product. 1972, c.83, s.29; R.S.S. 1978, c.n-3, s.30. Regulations 31 The Lieutenant Governor in Council may make regulations considered necessary or advisable for carrying out the purpose and intent of this Act and without limiting the generality of the foregoing, the Lieutenant Governor in Council may by regulation define any word or expression used in this Act and not herein defined. 1972, c.83, s.30; R.S.S. 1978, c.n-3, s.31. Offences and penalties 32 Every person who fails to comply with any determination, regulation or order of a board or commission or any agency operating under this Act or who fails to comply with any part or provision of this Act is guilty of an offence and liable on summary conviction to a fine of not more than $500 or to imprisonment not exceeding three months, or to both fine and imprisonment. 1972, c.83, s.31; R.S.S. 1978, c.n-3, s.32. Order of provincial magistrate to pay fees, etc. 33(1) When a person is convicted for failure to pay or forward the fees, penalties or charges as required under the authority of this Act, the convicting provincial magistrate, in addition to the fine imposed, may order that the fees, penalties or charges be paid to him forthwith or within a stated period by the person so convicted, and the provincial magistrate shall forward the fees, penalties and charges to the board or commission, as the case may be, forthwith upon receipt thereof. (2) In case of default in payment of any sum as required by an order made under subsection (1) the provincial magistrate may issue his warrant, directed to a sheriff, for the distress and sale of the goods and chattels of the defaulter, other than those exempt from seizure under writs of execution, and the provisions of the Criminal Code for enforcing an order for payment of a sum of money shall not apply. 1973, c.69, s.7; R.S.S. 1978, c.n-3, s.33. Proof 34(1) In a prosecution for failure to obtain a licence or to pay fees, penalties or charges, the onus of proving that a licence was not required or that the fees, penalties or charges were paid, as the case may be, to the board or commission shall be upon the accused.

15 NATURAL PRODUCTS MARKETING c. N-3 15 (2) An affidavit by an officer of the board or commission, as the case may be, sworn before any commissioner for oaths or other person authorized to take affidavits, that he has charge of the appropriate records and that after careful examination and search of those records he has been unable to find in any given case that a remittance required by or under the authority of this Act has been received by the board or commission, as the case may be, shall be received as prima facie evidence that the required remittance has not been received. (3) An affidavit by an officer of the board or commission, as the case may be, sworn before a commissioner for oaths or other person authorized to take affidavits, setting forth, with respect to a licence or a remittance required by or under this Act, the date that is shown in records maintained by the board or commission in respect of the licence or the remittance as the date on which the licence was issued or the remittance was received by the board or commission, as the case may be, shall be received in any prosecution under this Act as prima facie evidence that the licence was issued or the remittance was received on that date. 1973, c.69, s.7; R.S.S. 1978, c.n-3, s.34. Proof in prosecutions 35 In a prosecution for an offence it shall not be 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 zone to which any plan for the regulation of the natural product relates; and if the accused person pleads or alleges that the natural product was not produced in the zone to which the plan relates the burden of proof thereof shall be upon the accused person. 1972, c.83, s.32; R.S.S. 1978, c.n-3, s.35. Purpose of Legislature 36(1) The purpose and intent of the Legislature is to confine the provisions of this Act within the competence of the Legislature, and all the provisions of this Act shall be construed so as to give effect to that purpose and intent. (2) If any provision or section or part of this Act is held or found to be beyond the powers of the province, that provision, section or part shall be read distributively, and the provision, section or part so far as it deals with matters within the competence of the Legislature shall stand and be valid and operative, and shall have the same effect as if it had dealt with such matters exclusively; and the remaining provisions, sections and parts of this Act shall not be deemed or held to be inoperative or ultra vires, but shall stand and be valid and operative, and shall have the same effect as if they had been originally enacted as separate and independent enactments and as the only provisions, sections and parts of this Act; and all the provisions of the Act that are within the powers of the province shall remain in full force and effect notwithstanding that some provisions, sections or parts are held to be ultra vires, the intention of the Legislature being to give separate and independent effect to the extent of its powers to every provision, section and part in this Act. 1972, c.83, s.33; R.S.S. 1978, c.n-3, s.36.

16 16 c. N-3 NATURAL PRODUCTS MARKETING Orders, etc., of boards, commissions, etc., as evidence 37 A copy of any rule, order, regulation, resolution, minute or direction of a board or commission or any agency operating under this Act purporting to be certified by the chairman or the secretary thereof as a true copy, shall, without proof of the signature or appointment of the person signing the certificate, be taken in all cases in lieu of the original rule, regulation, resolution, determination, minute, order or direction and shall be received as evidence thereof in all courts of the province. 1972, c.83, s.34; R.S.S. 1978, c.n-3, s.37. Certain boards continued 38 Every producer marketing board that was constituted under The Natural Products Marketing Act, as that Act was in force immediately prior to the coming into force of this Act, which board would be under the authority of that Act if it was still in force, is continued as a board under this Act and is subject to the provisions of this Act as if it were constituted under this Act. 1972, c.83, s.35; R.S.S. 1978, c.n-3, s.38. Appropriation 39 Sums required for the purposes of this Act may be paid out of moneys appropriated by the Legislature for the purpose. 1972, c.83, s.37; R.S.S. 1978, c.n-3, s.39. REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN S PRINTER Copyright 2012