Dairy Products Marketing Regulations (SOR/94-466)

Short Title

1 These Regulations may be cited as the Dairy Products Marketing Regulations.

Interpretation

2 In these Regulations,

Act

Act means the Canadian Dairy Commission Act; (Loi)

Board

Board means a body that is constituted under the laws of a province for the purpose of regulating the production for marketing, or the marketing, in intraprovincial trade of any dairy product, and that is a signatory to the federal-provincial agreement known as the National Milk Marketing Plan, as amended from time to time; (office)

Committee

Committee means the Canadian Milk Supply Management Committee that was created pursuant to the National Milk Marketing Plan, as amended from time to time; (Comité)

cream

cream[Repealed, SOR/2001-14, s. 1]

dairy product

dairy product[Repealed, SOR/2001-14, s. 1]

dairy year

dairy year means the 12-month period beginning on each August 1 after the coming into force of these Regulations; (année laitière)

federal licence

federal licence means a licence referred to in section 7; (permis fédéral)

federal quota

federal quota means the total quantity of milk or cream, including any component of milk or cream, authorized to be allotted pursuant to these Regulations for the production for marketing, or the marketing, in interprovincial or export trade of any dairy product; (quota fédéral)

marketing

marketing includes selling, reselling, offering for sale, buying, pricing, assembling, packing, handling, storing, delivering and transporting; (commercialisation)

milk

milk[Repealed, SOR/2001-14, s. 1]

provincial quota

provincial quota means the total quantity of milk or cream, including any component of milk or cream, authorized under the laws of a province to be allotted by a Board for the production for marketing, or the marketing, in intraprovincial trade of any dairy product. (quota provincial)

WTO Agreement

WTO Agreement[Repealed, SOR/2005-290, s. 1]

2.1 [Repealed, SOR/2005-290, s. 2]

Application

• 3 (1) These Regulations apply in respect of the production for marketing, or the marketing, in interprovincial or export trade of dairy products.

• (2) These Regulations do not apply in respect of the production for marketing, or the marketing, in interprovincial trade of milk or cream in liquid form for consumer use.

• (3) [Repealed, SOR/2005-290, s. 3]

Canadian Requirements

• 4 (1) Before the beginning of a dairy year, the Commission shall calculate the Canadian requirements for milk and cream for that dairy year for use as or in dairy products.

• (2) The Canadian requirements for milk and cream in respect of a dairy year shall be calculated on the basis of estimates, prepared by the Commission, of the quantity of milk or cream, for use as or in dairy products,

  • (a) that, during the previous dairy year, was

    • (i) produced for all markets in all of the provinces in which there is a Board,

    • (ii) used in dairy products imported into and exported from Canada, and

    • (iii) used in dairy products held by the Commission in inventory; and

  • (b) that is anticipated to be in demand during the dairy year.

• (3) The Commission may, from time to time during a dairy year, adjust its calculation of the Canadian requirements, based on the actual levels of production, use and demand during that dairy year.

Federal Quota

• 5 (1) The portion of the federal quota that each Board shall have available to allot in a dairy year shall be determined before the beginning of the dairy year by the unanimous agreement of the Committee, after it has taken into consideration the Canadian requirements referred to in subsection 4(1).

• (2) Any adjustment that is required in respect of the portion of the federal quota referred to in subsection (1) shall be determined by the unanimous agreement of the Committee as soon as possible after an adjustment to the Canadian requirements is made pursuant to subsection 4(3).

• (3) A Board is authorized to allot any of the portion of the federal quota of the province in which the Board has jurisdiction to any person who is entitled, or to suspend or cancel any of that portion that has been allotted.

• (4) If a Board allots to a person a share of the portion of the federal quota of the province in which the Board has jurisdiction, it shall do so at the same time as it allots a share of the provincial quota to that person.

Powers of a Board

6 For the purposes of subsection 5(3), a Board may

• (a) exercise all or any powers like the powers that may be exercised,

• (b) apply all or any criteria like the criteria that are applied, and

• (c) administer all or any rules like the rules that are administered

by the Board in relation to the entitlement to, and allotment, suspension or cancellation of provincial quota.

Licensing

• 7 (1) The Commission shall cause a federal licence to be issued only to a person

  • (a) to whom a share of the portion of the federal quota has been allotted;

  • (b) who is registered as a milk producer with, or is licensed as a cream producer by, the Manitoba Milk Producers; or

  • (c) who is licensed as a producer under the Milk Act of Ontario.

• (2) A federal licence is valid only so long as the person who holds it continues to

  • (a) hold a share of the federal quota;

  • (b) be registered as a milk producer with, or licensed as a cream producer by, the Manitoba Milk Producers; or

  • (c) be licensed as a producer under the Milk Act of Ontario.

• (3) No person shall engage in the marketing in interprovincial or export trade of a dairy product unless the dairy product is, or is made from, milk or cream that is produced by a person who holds a federal licence.

• (4) Subsection (3) applies to a dairy product that is, or is made from, milk or cream that is produced in Canada.

7.1 [Repealed, SOR/2005-290, s. 5]

Designated Boards

8 Where, pursuant to provincial law, a dairy product is required to be marketed in intraprovincial trade by or through a Board, or to a person designated by a Board, that dairy product shall only be marketed in interprovincial or export trade by or through that Board, or to the person designated by that Board.

Levies and Charges

9 The Commission is authorized to fix, impose and collect levies or charges from persons engaged in the marketing of any dairy product in interprovincial or export trade or the production or processing of any dairy product for marketing in interprovincial or export trade, and may classify those persons into groups, fix the levies or charges payable by the members of the different groups and use those levies or charges for the purpose of carrying out its functions under the Act.

Books and Records

10 Every person who is engaged in the production or processing of a dairy product for marketing in interprovincial or export trade shall maintain complete and accurate books and records of all matters relating to that production or processing and shall make those books and records available to the Commission on its request.

10.1 [Repealed, SOR/2005-290, s. 6]

Seizure and Disposal

• 11 (1) An inspector appointed under the Act may seize any dairy product that the inspector believes on reasonable grounds was marketed in interprovincial or export trade in contravention of these Regulations.

• (2) An inspector who seizes a perishable dairy product under these Regulations shall dispose of it, and any proceeds realized from its disposal shall be credited to the Canadian Dairy Commission Account.

• (3) If a person from whom a dairy product has been seized is found not to have contravened the provision in respect of which the dairy product was seized, the Commission shall surrender the dairy product or proceeds to the person.

12 [Repealed, SOR/2001-14, s. 9]