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Bill C-86

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42-43-44 ELIZABETH II

CHAPTER 23

An Act to amend the Canadian Dairy Commission Act

[Assented to 13th July, 1995]

R.S., c. C-15; R.S., c. 31 (1st Supp.), c. 1 (4th Supp.); 1992, c. 1; 1994, cc. 26, 38

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. Section 2 of the Canadian Dairy Commission Act is amended by adding the following in alphabetical order:

``Board''
« office »

``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;

2. (1) The portion of subsection 9(1) of the Act before paragraph (a) is replaced by the following:

Powers

9. (1) The Commission may

(2) Subsection 9(1) of the Act is amended by striking out the word ``and'' at the end of paragraph (e) and by replacing paragraph (f) with the following:

    (f) establish and operate a pool or pools in respect of the marketing of milk or cream, including

      (i) distributing money to producers of milk or cream received from the marketing of any quantity of milk or cream, or any component, class, variety or grade of milk or cream from the pool or pools, and

      (ii) deducting from the money distributed under subparagraph (i) any necessary and proper expenses of operating the pool or pools;

    (g) establish the price, or minimum or maximum price, paid or to be paid to the Commission, or to producers of milk or cream, the basis on which that payment is to be made and the terms and manner of payment that is to be made in respect of the marketing of any quantity of milk or cream, or any component, class, variety or grade of milk or cream;

    (h) collect the price paid or to be paid to the Commission, or to any producer in respect of the marketing of any quantity of milk or cream, or any component, class, variety or grade of milk or cream, or recover that price in a court of competent jurisdiction;

    (i) subject to an agreement entered into under section 9.1, establish and operate a program in respect of the quantities and prices of milk or cream, or of any component, class, variety or grade of milk or cream, necessary for the competitive international trade in, and the promotion and facilitation of the marketing of, dairy products, including

      (i) distributing money for the purpose of the equalization of returns to producers in respect of that milk or cream, or that component, class, variety or grade, from which those dairy products are made, and

      (ii) deducting from the money distributed under subparagraph (i) any necessary and proper expenses of operating the program; and

    (j) do all acts and things necessary or incidental to the exercise of any of its powers or the carrying out of any of its functions under this Act.

3. The Act is amended by adding the following after section 9:

Delegation to Boards, etc.

9.1 The Commission may, with the approval of the Governor in Council, enter into an agreement with a province or a Board, providing for the coordinated marketing of dairy products, including the granting of authority for the performance

    (a) by the Board of any powers of the Commission set out in paragraphs 9(1)(f) to (i);

    (b) by the Commission of any similar powers that the Board is authorized by the laws of a province to exercise; or

    (c) by the Commission of any similar powers that it is authorized to exercise by the lieutenant governor in council of a province.

1994, c. 26, s. 21

4. Section 14 of the Act is replaced by the following:

Expenses paid out of appropria-
tions

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).

5. (1) Paragraph 15(2)(a) of the Act is replaced by the following:

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

(2) Subsection 15(3) of the Act is amended by striking out the word ``and'' at the end of paragraph (a), by adding the word ``and'' at the end of paragraph (b) and by adding the following after paragraph (b):

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

1992, c. 1, s. 144(1) (Sch. VII, s. 10(F))

6. Subsection 16(2) of the Act is replaced by the following:

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 three hundred million dollars.

7. The Act is amended by adding the following after section 16:

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).

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).

8. Section 20 of the Act is amended by adding the following after subsection (3):

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.

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