SOR/94-720199411

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20196

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AGRICULTURAL PRODUCTS MARKETING ACTQuebec Milk OrderP.C.1994-1877199411

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His Excellency the Governor General in Council, on the recommendation of the Minister of Agriculture, pursuant to section 2* of the Agricultural Products Marketing Act, is pleased hereby to repeal the Quebec Milk Order 1989, made by Order in Council P.C. 1989-1588 of August 24, 1989**, and to make the annexed Order granting authority to the Régie des marchés agricoles et alimentaires du Québecand the Fédération des producteurs de lait du Québecto regulate the marketing in interprovincial and export trade of milk produced in Quebec, in substitution therefor.*S.C. 1991, c. 34, s. 2**SOR/89-418, 1989 Canada Gazette Part II, p. 3872

1[Repealed, SOR/2001-16, s. 41]

Interpretation

2In this Order,Acts means the Act respecting the marketing of agricultural, food and fish products and the Dairy Products and Dairy Products Substitutes Act of Quebec; (Lois)Board means the Régie des marchés agricoles et alimentaires du Québec; (Régie)Commodity Board means the Fédération des producteurs de lait du Québec; (Office)milk means milk and cream from cows, produced for consumer use in liquid form in Canada; (lait)Plan means the Quebec Milk Producers’ Joint Plan (1980). (plan) SOR/2001-16, s. 42

Application

2.1This Order applies in respect of milk produced in the Province of Quebec and milk referred to in paragraph 3(1)(b) produced in the Province of Ontario.SOR/2001-16, s. 43

Interprovincial TradeSOR/2001-16, s. 44

3(1)Subject to subsection (2), the Board and the Commodity Board are each authorized to regulate the marketing of milk in interprovincial trade and for that purpose may exercise all or any powers like the powers exercisable by the Board and the Commodity Board in relation to the marketing of milk locally within the province under the Acts and a Plan, with respect to(a)persons and property situated within the Province of Quebec, except in respect of milk produced in that Province and marketed in the Province of Ontario pursuant to a milk quota granted by the Milk Commission of Ontario, the Ontario Milk Marketing Board or the Ontario Cream Producers’ Marketing Board in accordance with the Ontario Milk Order; and(b)persons situated within the Province of Ontario who ship milk produced in that Province to the Province of Quebec and who have been given milk quota pursuant to this Order.(2)The authority to regulate the marketing of milk in interprovincial trade does not include any power that is exercised by the Canadian Dairy Commission under the Canadian Dairy Commission Act in relation to the marketing of milk in interprovincial trade.SOR/2001-16, s. 45

Levies or Charges

4The Commodity Board may, in relation to the powers granted to it under section 3,(a)fix and impose levies or charges on milk or any component of milk and collect those levies or charges from persons described in subsection 3(1) who are engaged in the production or marketing of milk and for that purpose may classify those persons into groups and fix the levies or charges payable by the members of the different groups in different amounts; and(b)use the levies or charges for the purposes of the Commodity Board, including the creation of reserves, the payment of expenses and losses resulting from the sale or disposal of milk and the equalization or adjustment among producers of milk of moneys realized from the sale of milk during such period or periods of time as the Commodity Board may determine.SOR/2001-16, s. 46