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AGRICULTURAL PRODUCTS MARKETING ACTManitoba Milk Marketing Levies Order, 1991Order Providing for the Fixing, Imposing and Collecting of Levies Payable for the Marketing, in Interprovincial and Export Trade, of Milk and Cream Produced in ManitobaThe Manitoba Milk Producers’ Marketing Board, pursuant to section 4* of the Manitoba Milk Order, C.R.C., c. 155, made pursuant to section 2 of the Agricultural Products Marketing Act, hereby revokes the Manitoba Milk Marketing Levies Order, C.R.C., c. 156 and makes the annexed Order providing for the fixing, imposing and collecting of levies payable for the marketing, in interprovincial and export trade, of milk and cream produced in Manitoba, in substitution therefor.*SOR/90-271, 1990 Canada Gazette Part II, p. 1998Dated at Winnipeg, Manitoba, May 3, 1991Short Title

1This Order may be cited as the Manitoba Milk Marketing Levies Order, 1991.

Interpretation

2In this Order,Act means The Natural Products Marketing Act of Manitoba; (Loi)Commission means the Canadian Dairy Commission; (Commission)Commodity Board means The Manitoba Milk Producers’ Marketing Board established pursuant to the Act; (Office de commercialisation)cream means milk, as defined in the Manitoba Milk Order, that contains more than six per cent butterfat; (crème)cream annual permitted quantity means a quantity of cream, expressed in terms of kilograms of butterfat, determined by subtracting the amount of cream marketed by a cream producer in intra-provincial trade in Manitoba in a dairy year from the cream quota of the cream producer for that year; (quantité annuelle autorisée de crème)Cream Plan means the Cream Marketing Plan Regulation established and amended from time to time pursuant to the Act; (programme de la crème)cream producer means a person to whom a cream quota is allotted by the Commodity Board; (producteur de crème)cream quota means a quota, expressed in kilograms of butterfat, allotted by the Commodity Board to a cream producer pursuant to the Cream Plan; (contingent de crème)dairy year means the 12 month period beginning on August 1 of any year and ending on July 31 of the following year; (année laitière)deemed number of production days means a number assigned by the Commodity Board to a milk producer in respect of a calendar month representing the number of days of milk production during that calendar month on which the milk producer is deemed by the Commodity Board to have marketed milk; (nombre présumé de jours de production)milk means, milk as defined in the Manitoba Milk Order, that contains six per cent or less of butterfat; (lait)milk monthly permitted quantity means a quantity of milk, expressed in litres, determined by multiplying the milk quota of a milk producer firstly by the deemed number of production days of that milk producer for a month, and secondly by the monthly eligible percentage for that month, and then subtracting from the result the amount of milk marketed by that milk producer during that month in intra-provincial trade in Manitoba; (quantité mensuelle autorisée de lait)Milk Plan means the Manitoba Milk Producers’ Marketing Plan Regulation established and amended from time to time pursuant to the Act; (programme du lait)milk producer means a person to whom a milk quota is allotted by the Commodity Board; (producteur de lait)milk quota means a quota, expressed in litres, that is allotted by the Commodity Board to a milk producer pursuant to the Milk Plan; (contingent de lait)monthly eligible percentage means the percentage of milk marketed by the Commodity Board during a calendar month that the Commodity Board estimates has been used for manufacturing purposes during that calendar month and that is eligible for a subsidy payment under programs operated by the Commission. (pourcentage mensuel admissible)

Application

3This Order applies in respect of milk and cream marketed in interprovincial and export trade.

Milk Levies

4A levy is imposed on each person who markets milk of $1.50 per hectolitre of milk marketed by the person.

5A levy is imposed on each milk producer of $3.44 per hectolitre of milk marketed by the milk producer in any calendar month within the milk monthly permitted quantity of the milk producer for that calendar month.

6A levy is imposed on each milk producer of $40 per hectolitre of milk marketed by the milk producer in any calendar month in excess of the milk monthly permitted quantity of the milk producer for that calendar month.

7A levy is imposed on each person who markets milk and who has not been allotted a milk quota of $40 per hectolitre of milk marketed by the person.

Cream Levies

8A levy is imposed on each person who markets cream of $0.085 per kilogram of butterfat in respect of all cream marketed by the person.

9A levy is imposed on each cream producer of $4.00 per kilogram of butterfat in respect of all cream marketed by the cream producer during a dairy year in excess of the cream annual permitted quantity of that cream producer for that dairy year.

10A levy is imposed on each person who markets cream and who has not been allotted a cream quota of $4.00 per kilogram of butterfat in respect of all cream marketed by the person.

General

11A levy imposed by this Order is due at the time of the marketing of the milk or cream in respect of which the levy is imposed.

12Any person on whom levies are imposed by this Order shall pay the levies to the Commodity Board at its office at 36 Scurfield Boulevard, Winnipeg, Manitoba R3T 3N5 within seven days after the marketing of the milk or cream by that person.