Manitoba Hog Producers Marketing Plan Regulation

Manitoba Hog Producers Marketing Plan Regulation, M.R. 226/2002 The Farm Products Marketing Act , C.C.S.M. c. F47 Regulation 226/2002 Registered December 20, 2002 bilingual version (HTML) Table of Contents Section DEFINITIONS AND INTERPRETATION 1 Definitions PURPOSES AND APPLICATION OF THIS PLAN 2 Purposes of plan MANITOBA PORK COUNCIL 3 Continuation of Manitoba Pork Council 4 Administration by-law 5 Officers 6 Remuneration 7 Committees POWERS OF THE COUNCIL 8 Powers of the Manitoba Pork Council 9 Registration of producers and licensing of transporters 11 Fees and levies 11.1 Penalties for non-compliance 12 Information 13 Transportation 13.1 Facility and equipment standards 14 Exemptions 15 Approval of regulations and orders 16 Requirements for regulations and orders 17 Duties of the Manitoba Pork Council 18 Fiscal year 19 Audit 10 Marketing GENERAL PROVISIONS 20 Partnerships and shared arrangements TRANSITIONAL 21 Regulations and orders continued REPEAL 22 Repeal DEFINITIONS AND INTERPRETATION Definitions 1(1) In this plan, "Act" means The Farm Products Marketing Act ; («  Loi  ») "administration by-law" means the administration by-law referred to in section 4; (« règlement administratif ») "delegate" means an individual who is (a) a registered producer, or (b) a designated representative, elected or appointed to represent the registered producers of a district at meetings in accordance with the administration by-law, and to perform other functions as described in the by-law; (« délégué ») "designated representative" means an individual appointed in accordance with the administration by-law by a registered producer that is a corporation or a partnership, to attend meetings and vote on behalf of the corporation or partnership, and to perform other functions as described in the by-law; (« représentant désigné ») "facility" means any building, structure, equipment or land used for the production of a regulated product; (« installation ») "hog" means a member of the species Sus scrofa L. (domestic pig), of any age, kind, grade or class; (« porc ») "marketing" means selling, offering for sale, preparing for sale, buying, storing, grading, assembling, packing, transporting, killing, processing, advertising or financing; (« commercialisation ») "produce" means to raise, keep, prepare for slaughter, slaughter or skin a hog, and includes engaging in hog-breeding activities and any activity in preparing a live hog for market; (« produire ») "registered producer" means a producer who is registered with the Manitoba Pork Council and whose registration is in good standing; (« producteur inscrit ») "regulated product" means any hog produced within Manitoba. (« produit réglementé ») Interpretation 1(2) A reference in this plan to an "annual general meeting" or an "annual or special general meeting" means a meeting (a) of registered producers and designated representatives; or (b) of delegates; as provided for in the administration by-law. M.R. 152/2016 PURPOSES AND APPLICATION OF THIS PLAN Purposes of plan 2(1) The purposes of this plan are (a) to enhance sustainable hog production practices, odour management and the use of livestock manure as a fertilizer and soil conditioner; (b) to support research activities related to hog production, environmental practices, quality assurance and animal welfare initiatives; (c) to encourage programs related to market development, market retention, food safety, community relations, promotion and consumer education respecting the regulated product; (d) to support initiatives related to human resources, education and training for the hog industry; (e) to encourage a uniform high quality of the regulated product for the market; and (f) to gather, compile and distribute statistical information related to the production and marketing of the regulated product. Application of plan 2(2) This plan applies to all of Manitoba. M.R. 152/2016 MANITOBA PORK COUNCIL Continuation of Manitoba Pork Council 3(1) The "Manitoba Pork Council", continued by Manitoba Regulation 12/99, is continued as a board. 3(2) The Manitoba Pork Council is to consist of a minimum of 10 members who are individual registered producers or designated representatives. 3(3) The members are to be elected by and from the registered producers and designated representatives in accordance with the administration by-law. 3(4) Despite subsection (3), the administration by-law may authorize the election of members by delegates. 3(5) A majority of the members constitutes a quorum for the transaction of business of the Council. Administration by-law 4(1) The administration by-law in effect on the day this section comes into force remains in effect until it is repealed, replaced or amended in accordance with this section. 4(2) The administration by-law may be repealed, replaced or amended to otherwise provide for (a) the qualification of individuals to be appointed designated representatives; (b) the establishment of districts; (c) the method of giving notice of and the holding of district meetings; (d) the election of delegates to represent registered producers at meetings; (e) the election of members of the Manitoba Pork Council; (f) the method of giving notice of and the holding of meetings of the Manitoba Pork Council; and (g) such other matters relating to the conduct of meetings and the governance of the Manitoba Pork Council as are considered necessary for the effective administration of this plan. 4(3) The administration by-law may by resolution be repealed, replaced or amended by a majority vote of those present and voting at an annual or special general meeting, if written notice has been mailed to each registered producer at least seven days before the meeting, providing a copy of the resolution setting out the proposed repeal, replacement or amendment, or a summary of the proposal. 4(4) The administration by-law may be repealed, replaced or amended at an annual or special general meeting, without the notice required in subsection (3), upon a resolution receiving the affirmative vote of at least 2/3 of those persons present and voting at such meetings. 4(5) A resolution proposing the repeal, replacement or amendment of the administration by-law must be expressed to be subject to the approval of the Manitoba council and does not take effect until a copy of the resolution is filed with the Manitoba council and approved by it. M.R. 152/2016 Officers 5(1) Members of the Manitoba Pork Council must meet without delay after each annual general meeting, and elect a chairperson and a vice-chairperson from among their number. The Council may appoint a secretary-treasurer, and any other officers that it considers necessary, who need not be members of the Council. 5(2) The chairperson, or in the chairperson's absence the vice-chairperson, must preside at meetings of the Manitoba Pork Council and at annual or special general meetings. 5(3) The officers of the Manitoba Pork Council must carry out the duties that are assigned to them by the Council. Remuneration 6(1) The chairperson, officers, and other members of the Manitoba Pork Council or any committee appointed by the Council may be paid remuneration in an amount that may be fixed by resolution of the Council. 6(2) A resolution to pay remuneration is not effective unless it is approved by the Manitoba council. 6(3) Remuneration under subsection (1) must be paid as an expense out of the general revenue of the Manitoba Pork Council, and shown in the annual report presented to the annual general meeting in each year. Committees 7 The Manitoba Pork Council may appoint any committees that it considers necessary or desirable for the proper operation of this plan, and must appoint any committees that the Manitoba council requests it to appoint, in the form and for the purpose that the Manitoba council directs. POWERS OF THE COUNCIL Powers of the Manitoba Pork Council 8(1) Under the supervision of the Manitoba council, the Manitoba Pork Council must administer this plan and other regulations and orders respecting the production or marketing of the regulated product. 8(2) For the purpose of carrying out its duties and functions, the Manitoba Pork Council may (a) advertise and promote the hog industry in any manner it considers advisable, and compile, publish, distribute and provide information about the hog industry; (b) participate in associations that are relevant to the hog industry; (c) initiate, encourage, support and conduct programs and research into any aspect contributing to the production, quality, food safety, market development or market retention of the regulated product; (d) enter into agreements with registered producers and any other persons relating to the operation of this plan; (e) open bank accounts in the name of the Council and appoint signing officers; (f) borrow money on its credit and give security for money borrowed; (g) acquire and hold real and personal property in its name, mortgage property for the purposes of the Council and sell or otherwise dispose of that property when it is no longer required for the purposes of the Council; (g.1) administer or conduct programs to assist registered producers in the business of producing and marketing the regulated product, and to stimulate and enhance the economic well-being of the hog industry in Manitoba; (g.2) establish or assist in the establishment of programs for the prevention or control of diseases that may impact on the hog industry; and (h) subject to the Act and this plan, do any thing and make any orders, rules and regulations that it considers necessary or advisable to enable it to administer this plan effectively. M.R. 152/2016 Registration of producers and licensing of transporters 9(1) The Manitoba Pork Council may make orders: (a) requiring producers of the regulated product to register with the Council; (b) requiring transporters of the regulated product to be licensed by the Council. 9(1.1) An order under subsection (1) may: (a) require an applicant for registration or licensing to pay an application or a renewal fee; (b) impose such terms or conditions on a registration or licence as the Council determines appropriate. 9(2) The Manitoba Pork Council must keep and maintain at its head office a register containing the name and address of each registered producer and licensed transporter, and the location of the facility or facilities used by each registered producer. 9(3) The Manitoba Pork Council may cancel or suspend the registration of a producer or the licence of a transporter who, in its opinion, (a) is not entitled to be registered or licensed; (b) fails to pay a fee or levy imposed in a previous calendar year; or (c) otherwise fails to comply with the Act, a regulation or order made or issued under the Act, or any term or condition of a registration or licence granted by the Council. The Council may reinstate a cancelled or suspended registration or licence on such terms, and on payment of such fee, as the Council may determine. M.R. 152/2016 Marketing 10 With the minister's approval, the Manitoba Pork Council may market the regulated product. Fees and levies 11(1) The Manitoba Pork Council may make regulations (a) assessing fees and levies payable to it or on its behalf by producers of the regulated product, and providing for the collection of such fees and levies; and (b) requiring a person who receives a regulated product from a producer for marketing to deduct from the money payable by the person to the producer any fees, levies or penalties payable by the producer to the Council and to remit them to it together with any information or record relating to the production or marketing of the regulated product that the Council considers necessary. 11(2) [Repealed] M.R. 152/2016 Penalties for non-compliance 11.1 The Manitoba Pork Council may make regulations providing for the assessment and collection of penalties on producers of the regulated product for (a) failure to comply with a regulation or order made under the Act or this regulation; or (b) non-payment or late payment of a fee, levy or penalty. M.R. 152/2016 Information 12 The Manitoba Pork Council may make orders requiring any person who produces or markets a regulated product to provide it with any information or record relating to such activities that the Council considers necessary. M.R. 152/2016 Transportation 13 The Manitoba Pork Council may make orders regulating the transportation of live hogs in Manitoba. Facility and equipment standards 13.1 The Manitoba Pork Council may make orders establishing minimum standards for facilities and equipment used in the production or marketing of hogs, including, without limitation, standards for: (a) facilities in which live hogs are raised or kept; (b) equipment used to transport live hogs; (c) facilities or equipment which impact on the quality or safety of products derived from hogs; (d) equipment used to determine the grade, health or value of hogs prior to slaughter. M.R. 152/2016 Exemptions 14 The Manitoba Pork Council may make orders exempting from any regulation or order made by it (a) any quantity, quality, variety, class or grade of the regulated product; and (b) any person or class of persons who produce or market the regulated product, or any specified producers or purchasers of the regulated product or of any quantity, quality, variety, class or grade of the regulated product. Regulations and orders must be approved by the Manitoba council 15 A regulation or order made by the Manitoba Pork Council is not effective until approved by the Manitoba council. General requirements for regulations and orders 16 Every regulation and order made by the Manitoba Pork Council under this plan, the Act or the regulations must be (a) signed by the proper officers under the seal of the Council; and (b) open for inspection by any registered producer or any person designated by the Manitoba council, at the Council's head office during regular business hours. General duties of the Manitoba Pork Council 17(1) The Manitoba Pork Council must maintain books and records as required for the proper administration of this plan, which must be open for inspection by the Manitoba council at any reasonable time. 17(2) The Manitoba Pork Council must maintain a head office and make its location known to persons who carry on business with the Council. 17(3) The Manitoba Pork Council must hold an annual general meeting each year within four months after the end of the Council's fiscal year, and it may hold any other general meetings that it considers necessary or advisable. 17(4) The Manitoba Pork Council must make an annual report about its activities to the annual general meeting and to the Manitoba council, and the report must contain a copy of the audited financial statements of the Council for the previous fiscal year. 17(5) The Manitoba Pork Council must provide any other reports and information to the Manitoba council as it may from time to time require. Fiscal year 18 The fiscal year of the Manitoba Pork Council ends on December 31 each year. Audit 19 The Manitoba Pork Council must appoint a qualified auditor to audit the books kept by the Council. GENERAL PROVISIONS Partnerships and shared arrangements 20(1) For the purpose of this plan and any regulation or order made by the Manitoba Pork Council, if two or more persons produce or market hogs together, the hogs produced or marketed by one of them are deemed to be produced or marketed by the other person or persons. 20(2) Subsection (1) applies when the persons produce or market the hogs (a) in partnership; or (b) in circumstances in which they share facilities, equipment, labour, or services provided directly or indirectly by any or all of them, whether the sharing is (i) pursuant to a contract with the same corporation, firm or individual, or (ii) familial, communal or otherwise. 20(3) The Manitoba Pork Council may direct that this section does not apply to a person or a class of persons. TRANSITIONAL Regulations and orders continued 21 Every regulation and order made or issued under the Manitoba Hog Producers' Marketing Plan Regulation , Manitoba Regulation 12/99, that was in force immediately before the coming into force of this regulation continues under this regulation, and may be altered or enforced as if made under this regulation. REPEAL Repeal 22 The Manitoba Hog Producers' Marketing Plan Regulation , Manitoba Regulation 12/99, is repealed.