Canadian Dairy Commission Act (R.S.C., 1985, c. C-15)

Regulations

Marginal note:Regulations

• 12 (1) The Governor in Council may make regulations regulating the marketing of any dairy product, including regulations

  • (a) providing for the marketing of any dairy product on a quota basis;

  • (b) designating the agencies through which any regulated product shall be marketed;

  • (c) providing for the issue of licences to persons engaged in the production or processing of a regulated product for market, prescribing the fees for those licences and providing for their cancellation or suspension;

  • (d) prohibiting persons from engaging in the marketing of any dairy product, or any class, variety or grade of such a product, in whole or in part, except under the authority of a licence;

  • (e) prescribing the books and records to be kept by persons engaged in the production or processing of a regulated product for market and the information to be furnished by those persons;

  • (f) authorizing the Commission to fix, impose and collect levies or charges from persons engaged in the marketing of any dairy product or the production or processing of a regulated product for market and for those purposes to classify those persons into groups, fix the levies or charges payable by the members of the different groups and to use those levies or charges for the purpose of carrying out its functions under this Act;

  • (g) providing for the seizure and disposal of any regulated product marketed in contravention of any regulation made under this section; and

  • (h) generally, for carrying out the purposes and provisions of this Act.

• Marginal note:Regulation may be general or specific

  (2) A regulation made under subsection (1) may be general or restricted to a specific dairy product, area, or group or class of persons.

Marginal note:Regulations

13 The Governor in Council may make regulations requiring the registration of producers of milk and cream as a condition of the making of any payment under paragraph 9(1)(c) for the benefit of those producers and prescribing the books and records to be kept and the information to be furnished to the Commission by or on behalf of those producers.

Financial

Marginal note:Expenses paid out of appropriations

14 All expenditures for salaries, travel expenses and expenses of administration shall be paid out of moneys appropriated by Parliament for the purpose, other than

• (a) expenditures that in the opinion of the Minister are directly attributable to action taken by the Commission to provide protection for the income of producers of any dairy product from the sale of that product; and

• (b) necessary and proper expenses incurred by the Commission in exercising any of its powers set out in paragraphs 9(1)(f) to (i).

Marginal note:Canadian Dairy Commission Account

• 15 (1) There shall be established in the accounts of Canada a special account to be known as the Canadian Dairy Commission Account, in this section called the “Account”.

• Marginal note:Credits to Account

  (2) There shall be credited to the Account

  • (a) all moneys received by the Commission from its operations described in paragraphs 9(1)(a) and (b);

  • (b) all licence fees, levies and charges paid to the Commission;

  • (c) all loans made to the Commission by the Minister of Finance pursuant to section 16; and

  • (d) all amounts paid to the Commission by the Minister under the Farm Income Protection Act for the purpose of providing protection for the income of producers of any dairy product from the sale of that product.

• Marginal note:Charges to Account

  (3) There shall be paid out of the Consolidated Revenue Fund and charged to the Account

  • (a) all expenditures under this Act, except those to be paid pursuant to section 14;

  • (b) all amounts paid to the Minister of Finance in repayment of loans made to the Commission pursuant to section 16 or as interest on those loans; and

  • (c) any excess licence fees, levies and charges paid to the Commission.

• Marginal note:Limit on payments

  (4) No payment shall be made out of the Consolidated Revenue Fund under this section in excess of the amount of the balance to the credit of the Account.

Marginal note:Loans to Commission

• 16 (1) At the request of the Commission, the Minister of Finance may, out of the Consolidated Revenue Fund, make loans to the Commission on such terms and conditions as are approved by the Governor in Council for the purpose of exercising any of the powers of the Commission described in paragraphs 9(1)(a) and (b).

• Marginal note:Limit

  (2) The total aggregate amount outstanding at any time of loans made under subsection (1) and amounts drawn under subsection 16.1(2) shall not exceed five hundred million dollars.

Marginal note:Pool bank account

• 16.1 (1) The Commission may establish an account with any member of the Canadian Payments Association for the purpose of, and may deduct from the account any necessary and proper expenses incurred in, exercising any of its powers set out in paragraphs 9(1)(f) to (i).

• Marginal note:Line of credit

  (2) The Commission may, with the approval of the Minister of Finance, establish and use a line of credit with any member of the Canadian Payments Association for the purpose of exercising any of its powers set out in paragraphs 9(1)(f) to (i).

Enforcement

Marginal note:Inspectors

• 17 (1) The Commission may appoint or designate any person as an inspector for the purposes of this Act.

• Marginal note:Certificate to be produced

  (2) The Commission shall furnish every inspector with a certificate of appointment or designation and on entering any place under subsection 18(1) an inspector shall, if so required, produce the certificate to the person in charge of that place.

Marginal note:Powers of inspectors

• 18 (1) Subject to subsection (1.1), an inspector may at any reasonable time

  • (a) enter any place in which the inspector believes on reasonable grounds there is any regulated product; and

  • (b) require any person to produce for inspection, or for the purpose of obtaining copies thereof or extracts therefrom, any books, records or documents relating to that product.

• Marginal note:Warrant required to enter dwelling-house

  (1.1) Where any place referred to in paragraph (1)(a) is a dwelling-house, an inspector may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (1.2).

• Marginal note:Authority to issue warrant

  (1.2) Where on ex parte application a justice of the peace is satisfied by information on oath

  • (a) that the conditions for entry described in paragraph (1)(a) exist in relation to a dwelling-house,

  • (b) that entry to the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, and

  • (c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused,

  the justice of the peace may issue a warrant under his hand authorizing the inspector named therein to enter that dwelling-house subject to such conditions as may be specified in the warrant.

• Marginal note:Use of force

  (1.3) In executing a warrant issued under subsection (1.2), the inspector named therein shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

• Marginal note:Assistance to inspectors

  (2) The owner or persons in charge of any place referred to in subsection (1) and every person found in that place shall give the inspector all reasonable assistance to enable the inspector to carry out his duties and functions under this Act and shall furnish the inspector with any information he may reasonably require with respect to any regulated product found in that place.

Marginal note:Obstruction and false statements

19 No person shall obstruct or hinder, or make any false or misleading statement either orally or in writing to, an inspector engaged in carrying out his duties or functions under this Act or any regulation made under this Act.

Offences and Punishment

Marginal note:Contravention of Act or regulations

• 20 (1) Every person who, or whose employee or agent, contravenes or fails to comply with any provision of this Act or any regulation made under this Act is guilty of an offence and liable

  • (a) on summary conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding six months or to both; or

  • (b) on conviction on indictment to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year or to both.

• Marginal note:Offence by employee or agent

  (2) In a prosecution for an offence under this section it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified.

• Marginal note:Defence

  (3) Where it is established in any prosecution for an offence under this section that the offence was committed by an employee or agent of the accused, it is a defence to the accused that he exercised all due diligence to prevent the commission of the offence.

• Marginal note:Injunction

  (4) The Commission may, with the approval of the Attorney General of Canada, seek injunctive relief in any court of competent jurisdiction, where the Commission believes on reasonable grounds that a person or their employee or agent has failed to comply with any provision of this Act or any regulation.

General

Marginal note:Inclusion of dairy product on Import Control List

21 The Governor in Council may include on the Import Control List established under the Export and Import Permits Act any dairy product the import of which the Governor in Council deems it necessary to control for the purpose of implementing any action taken under this Act to support the price of that dairy product or that has the effect of supporting the price of that dairy product.