The Cattle Producers Association Act

The Cattle Producers Association Act, C.C.S.M. c. C25 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Purpose 3 Association continued, board composition 4 Board quorum, voting and procedure 5 Capacity of association 6 Objects and powers of association 7 Information, books and records 8 Fees 9 Repealed 10 Contents of administration by-law 11 Repeal or amendment of existing by-law 12 Repeal or amendment of by-law 13 Non-application of Corporations Act 14 Vendor security program 15 Refund where payment received twice 16 Audit and annual report 17 Advisory committee 18 Regulations HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Definitions 1 In this Act "association" means The Manitoba Cattle Producers Association; (« Association ») "cattle" includes bulls, cows, heifers, steers and calves; (« bétail ») "designated representative" means any individual, designated by a member that is a corporation or a partnership, to attend meetings of the association and to vote on behalf of the corporation or partnership; (« représentant désigné ») "information reporter" means any person who is engaged in the cattle or beef industry and includes producers, buyers, sellers, drovers, auctioneers, shippers, transporters, processors and retailers of cattle or beef; (« préposé aux registres ») "livestock dealer" means any person who buys cattle or who acts as an agent for the sale of cattle, and includes drovers and auctioneers; (« marchand de bestiaux ») "member" means a person who is a member of the association; (« membre ») "minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act; (« ministre ») "producer" means a person who raises cattle in Manitoba, or the designated representative of that person. (« éleveur ») S.M. 1988-89, c. 18, s. 2 ; S.M. 2004, c. 42, s. 62 . Purpose 2 The purpose and intent of this Act is to provide for the establishment and financing of an organization to initiate, support, or conduct programs for stimulating, increasing and improving the economic well-being of the cattle and beef industry in Manitoba by developing improved production and marketing methods, grading standards, quality standards, research and educational programs. S.M. 1988-89, c. 18, s. 3 . Association continued 3(1) The Manitoba Cattle Producers Association is hereby continued as a body corporate. Board of directors 3(2) The affairs of the association shall be managed by a board of directors comprised of not less than 12 or more than 15 persons who are producers and who are members or designated representatives. S.M. 1988-89, c. 18, s. 4 . Quorum of board 4(1) A majority of the members of the board constitute a quorum of the board. Majority decision of board 4(2) A decision of a majority of the members of the board present and voting at a duly constituted meeting of the board is a decision of the board. Rules of procedure 4(3) Subject to the provisions of this Act and the provisions of any by-law of the association, the board may make rules governing its procedure. Capacity of the association 5 The association has the capacity and the rights, powers and privileges of a natural person. Objects and powers of the association 6(1) The association may (a) advertise and promote the cattle and beef industry and gather, compile, publish, distribute and furnish information with respect to the cattle and beef industry; (b) initiate, sponsor and encourage research into the production and marketing of cattle and beef; (c) encourage by education, information, advertising and promotion the marketing of uniformly high quality cattle and beef and the expansion of markets for cattle and beef; (d) co-operate with any organization having a similar purpose which is or may be established in Manitoba or any other province or territory of Canada; (e) enter into agreements with other organizations having similar or related purposes in order to carry out its purposes; and (f) subject to this Act, do such acts as may be necessary or advisable to administer this Act effectively, and to promote and to assist producers in the production and marketing of cattle and beef in Manitoba. Restricted powers 6(2) The association must not (a) exercise any of its powers in a manner contrary to this Act or the administration by-law referred to in section 10; or (b) on its own behalf, engage in producing, buying, selling or processing cattle unless it engages in the activity in the course of carrying out one or more of the objects or powers set out in clauses (1)⁠(a) to (c). S.M. 1988-89, c. 18, s. 5 ; S.M. 1995, c. 29, s. 2 ; S.M. 2015, c. 43, s. 3 . Information, books and records 7 The association may make regulations requiring information reporters (a) to maintain books and records in relation to the production or marketing of cattle or beef, containing such information as the association may reasonably require for the purpose of achieving the objects and exercising the powers of the association; and (b) to submit to the association such information relating to the production or marketing of cattle or beef as the association may reasonably require. S.M. 1988-89, c. 18, s. 5 ; S.M. 1995, c. 29, s. 3 . Fees 8(1) The association may make regulations imposing fees payable to the association by vendors of cattle and providing for the collection and remittance to the association of those fees by livestock dealers. Exemption 8(2) A regulation under subsection (1) may exempt any class of vendors or livestock dealers from the application of the regulation. Fees are refundable 8(3) A regulation under subsection (1) must provide that any fees collected will be refundable on the request of a vendor on such terms as the regulation may specify. Limit on fees 8(4) No regulation under subsection (1) that imposes a fee of more than $1. for each head of cattle sold by a vendor is valid or enforceable unless it is approved by an annual or special general meeting of the association. S.M. 1988-89, c. 18, s. 5 ; S.M. 1995, c. 29, s. 4 . 9 [Repealed] S.M. 1988-89, c. 18, s. 5 ; S.M. 1995, c. 29, s. 4 . Contents of administration by-law 10 The following affairs of the association shall be regulated by the administration by-law: (a) membership in the association; (b) the designation of designated representatives; (c) the establishment of districts; (d) the method of calling and holding district meetings, and annual general and special general meetings of the association, and meetings of directors; (e) the election of directors, the term of office of directors, and the filling of vacancies on the board; (f) the appointment of officers and committees; (g) matters relating to the conduct of meetings and voting at meetings; (h) the limitation of liability of directors and officers; (i) the remuneration and reimbursement for expenses of directors, officers, and members of committees; (j) the execution of instruments; (k) borrowing and banking arrangements; (l) bonding; (m) the establishment of a head office; (n) the fixing of a fiscal year end; (o) the appointment of auditors; (p) such other matters relating to the organization and democratic control of the association and to the administration of this Act. S.M. 1988-89, c. 18, s. 5 . Existing by-law amended by directors 11(1) Notwithstanding the provisions of the existing administration by-law passed on January 16, 1984, the directors may, by resolution made within 90 days after this Act comes into force, amend or repeal and replace the existing administration by-law. Approval of amendments 11(2) The directors shall submit a resolution referred to in subsection (1) to those individuals present and entitled to vote at the first annual or special general meeting of the association held after the resolution is made, and those individuals may by ordinary resolution confirm, reject or amend the resolution. S.M. 1988-89, c. 18, s. 5 . Repeal or amendment of by-law 12(1) At any annual general meeting or special general meeting of the association, the administration by-law may be repealed, amended or re-enacted by resolution of those individuals present and entitled to vote. Notice of resolution 12(2) Notice of a resolution referred to in subsection (1), shall (a) be given to those individuals entitled to attend and vote not later than 30 days before the date of the meeting; and (b) set out the effect of the proposed amendment, repeal, or re-enactment. 60% vote required 12(3) Where notice of the resolution is given in accordance with subsection (2), an affirmative vote of 60% of those individuals present and voting on the resolution is required to repeal, amend or re-enact the administration by-law. Saving 12(4) Where notice of the resolution is not given, or is not given within the time specified in clause (2)⁠(a), the unanimous vote of those individuals present and voting on the resolution is required to repeal, amend or re-enact the administration by-law. S.M. 1988-89, c. 18, s. 5 ; S.M. 1995, c. 29, s. 5 . Non-application of Corporations Act 13 The Corporations Act does not apply to the association. S.M. 1988-89, c. 18, s. 5 . Vendor security program 14(1) The association may establish and operate a vendors' assurance fund to provide a means whereby vendors of cattle may be compensated in the event that a livestock dealer who purchases cattle defaults in payment. Levies and payments 14(2) If a fund is established, (a) there shall be deposited into the fund the levies paid by vendors of cattle as provided for in the regulations; and (b) the association shall, on such terms and conditions as are provided for in the regulations, make payments from the fund to vendors of cattle when a livestock dealer who purchases cattle defaults in payment. Requirement to collect and remit levies 14(3) A person who is required to collect the levies provided for in the regulations shall collect and remit them to the association in accordance with the regulations. Expenses 14(4) The expenses of the association in administering a fund established under this section, including remuneration and expenses for members of the board and for officers and employees, shall be paid out of the fund. Investment income 14(5) Investment income earned on a fund established under this section accrues to and forms part of the fund. S.M. 1995, c. 29, s. 6 . Refund where payment received twice 15(1) If a vendor of cattle has received payment from a fund established under section 14 and also receives a payment from a livestock dealer in full or partial satisfaction of the same debt for which payment from the fund was made, the vendor shall promptly pay to the association the lesser of (a) the money that the vendor received from the livestock dealer; and (b) the money the vendor received from the fund. Subrogation 15(2) When a payment is made to a vendor from a fund established under section 14, the association is subrogated to the rights of the vendor against the livestock dealer for the amount so paid, and the association may maintain an action, in the name of the vendor or in the name of the association, against the livestock dealer to recover that amount. Assistance from vendor 15(3) A vendor shall cooperate with and provide assistance to the association in any action against a livestock dealer referred to in subsection (2). S.M. 1995, c. 29, s. 6 . Audit 16(1) The records, accounts and financial transactions of a fund established under section 14 shall be audited annually by an independent auditor. Annual report 16(2) The association shall, annually within six months after the end of its fiscal year, make a report to the minister on the operation of a fund established under section 14, and the report shall include the audited financial statements of the fund and any other information that the minister may request. S.M. 1995, c. 29, s. 6 ; S.M. 2000, c. 35, s. 28 ; S.M. 2004, c. 42, s. 62 . Advisory committee 17 The association may appoint an advisory committee to assist it in the establishment and operation of a fund established under section 14, and it shall appoint such a committee if requested to do so by the minister. S.M. 1995, c. 29, s. 6 ; S.M. 2000, c. 35, s. 28 ; S.M. 2004, c. 42, s. 62 . Regulations 18(1) For the purpose of sections 14 to 17, the association may make regulations (a) respecting the management of a fund established under section 14; (b) respecting the payment into and the collection and remittance of levies for the fund, and the refund of levies; (c) respecting the persons who are required to pay levies into the fund and the assessment of those persons; (d) governing who can make a claim on the fund and what requirements must be met by a person making a claim, including the proof that a person must provide to establish a claim for payment out of the fund and what efforts a person may be required to take to recover the amount of a claim from a livestock dealer before being entitled to payment out of the fund; (e) limiting the amount that may be paid out of the fund (i) to any person or class of persons, (ii) in respect of any class of cattle, or (iii) in respect of any livestock dealer or class of livestock dealers; (f) providing for the terms and conditions of payment from the fund; (g) respecting the recovery of any money to which the association is entitled under section 14 or the regulations; (h) respecting any matter necessary or advisable to carry out the purposes of sections 14 to 17 effectively. Levies are refundable 18(2) A regulation under subsection (1) must provide that any levies collected will be refundable on the request of a vendor of cattle who does not wish to receive compensation from the fund, on such terms as the regulation may specify. Approval of regulations by minister 18(3) A regulation under subsection (1) is ineffective until it is approved by the minister. S.M. 1995, c. 29, s. 6 ; S.M. 2000, c. 35, s. 28 ; S.M. 2004, c. 42, s. 62 .