Hog Commodity Marketing Regulations

c t NATURAL PRODUCTS MARKETING ACT HOG COMMODITY MARKETING REGULATIONS PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this regulation, current to September 28, 2024. It is intended for information and reference purposes only. This document is not the official version of these regulations. The regulations and the amendments printed in the Royal Gazette should be consulted on the Prince Edward Island Government web site to determine the authoritative text of these regulations. For more information concerning the history of these regulations, please see the Table of Regulations on the Prince Edward Island Government web site (www.princeedwardisland.ca). If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4292 Email: legislation@gov.pe.ca Natural Products Marketing Act Hog Commodity Marketing Regulations Section 1 c NATURAL PRODUCTS MARKETING ACT Chapter N-3 HOG COMMODITY MARKETING REGULATIONS On the recommendation of the Prince Edward Island Marketing Council and under the authority of subsections 4(2) and (3) and section 29 of the Natural Products Marketing Act R.S.P.E.I. 1988, Cap. N-3, Council made the following regulations: 1. Definitions In these regulations and in all orders, rules and regulations made hereunder, unless the context otherwise requires, terms defined in the Act shall have the same meaning herein, and (a) “Act” means the Natural Products Marketing Act R.S.P.E.I. 1988, Cap. N-3; (b) “board” means the Prince Edward Island Hog Commodity Marketing Board established pursuant to the Act; (c) “Council” means the Prince Edward Island Marketing Council; (d) revoked by EC77/10; (e) “person” shall include any partnership, corporation, cooperative, syndicate, or other business group formed or existing for the purpose of jointly acquiring or administering assets; (f) “plan” means the Prince Edward Island Hog Commodity Marketing Plan; (g) “producer” means a person engaged in the production or feeding of hogs; (h) “registered producer” means a producer registered by the board as hereinafter provided. (EC275/76; 77/10; 868/24) 2. Continuation of board The board known as the Prince Edward Island Hog Commodity Marketing Board as established by Order in Council No. 285/71 of 19 May 1971 is continued as a body corporate. (EC275/76) 3. Head office The head office of the commodity board shall be in the City of Charlottetown, or at such other location in the province as may be determined from time to time by the board. (EC275/76) c t Current to: September 28, 2024 Page 3 Natural Products Marketing Act Hog Commodity Marketing Section 4 Regulations 4. Seal The seal, an impression of which is affixed hereto, shall be the common seal of the board, and when used shall be authenticated by the signature of the chairperson and of the secretary or of such other person or persons as the board may authorize by resolution. (EC275/76; 868/24) 5. Fiscal year The fiscal year of the board shall end on the 31st December in each and every year. (EC275/76) 6. Filing of information The board shall file with the Council (a) a certified copy of the audited financial statement of the board accompanied by the report of operations of the board within ninety days of the close of the fiscal year; (b) a certified copy of all minutes, orders, appointments, agreements, awards, reports, rules, resolutions and regulations of the board within seven days of the passage or making thereof; (c) where the board appoints an agent, the agent shall file with the Council a certified copy of the audited financial statement and annual report of the agent within ninety days of the close of the fiscal year of that agent. (EC275/76) 7. Records (1) The board shall keep proper books of account which shall be audited for each fiscal year, by an auditor approved by the board. Audited financial statements (2) A copy of the audited financial statement accompanied by a report of the operations of the board shall be presented to the board within sixty days of the close of the fiscal year of the board at a regularly scheduled meeting of the board or a special meeting of the board called by the chairperson to consider the report. Copies to producers (3) Copies of the annual audited financial statement shall be presented to the producers at the annual meeting of producers. (EC275/76; 868/24) 8. Membership (1) The board shall consist of not less than four and not more than six members and the number of members shall be decided before each election of the members of the board by majority vote of the registered producers attending an annual meeting, or a special meeting, at which the election is held. Election at large (2) Members of the board shall be elected at large from among the registered producers resident in Prince Edward Island. Current members, transitional (3) For greater certainty, the persons who are members of the board on the date this section comes into force continue to be members of the board until their current terms expire and their successors assume office. (EC275/76; 77/10) Page 4 Current to: September 28, 2024 t c Natural Products Marketing Act Hog Commodity Marketing Regulations Section 9 9. Eligibility to vote Revoked by EC77/10. (EC275/76; 77/10) 10. Eligibility for election Revoked by EC77/10. (EC275/76; 77/10) 11. Elections (1) The members of the board shall be elected by the registered producers attending an annual meeting, or a special meeting, at which an election is held. Returning officer (2) The board shall appoint a returning officer to conduct the election. Notice (3) At least 10 days prior to the date set by the Board for the election, the Returning Officer shall provide notice to the registered producers of the holding of the election (a) by mailing a notice of the date, time and location of the election to each registered producer; or (b) by causing a notice of the date, time and location of the election to be published in at least two daily newspapers circulated in the province. Nominating committee (4) At least 30 days before the date of an election, the board shall establish a nominating committee comprised of at least three registered producers, one of whom shall be a member of the board, and the committee shall, (a) prior to the annual meeting, or a special meeting, at which the election is to be held, identify the registered producers who have agreed to be nominated for election to the board; and (b) at the annual meeting, or a special meeting, at which the election is to be held, (i) present a report, listing the registered producers who have agreed to be nominated for election to the board, to the registered producers and the representatives of registered producers attending the meeting, and (ii) accept nominations for registered producers who have agreed to be nominated for election to the board. Form of nomination (5) A registered producer does not need to be present to be nominated or elected at an annual meeting, or a special meeting, at which an election is being held if the registered producer is listed on the report presented to registered producers at the meeting in accordance with subsection (4). No nominations received (6) If, at the annual meeting, or a special meeting, at which an election is to be held, no nominations are received by the nominating committee, each current member of the board whose term of office expires at the end of the month in which the meeting is held is deemed to have been re-elected at the meeting as a member of the board for the ensuing term of office. c t Current to: September 28, 2024 Page 5 Natural Products Marketing Act Hog Commodity Marketing Section 12 Regulations Single nominee for each available position on the board (7) If, at the annual meeting, or a special meeting, at which an election is to be held, not more than one nomination is received by the nominating committee for each position on the board currently held by a member whose term of office expires at the end of the month in which the meeting is held, each nominated registered producer is deemed to have been elected at the meeting as a member of the board for the ensuing term of office. Insufficient nominees for available positions on board (8) If, at the annual meeting, or a special meeting, at which an election is to be held, fewer nominations are received by the nominating committee than the number of positions on the board that are currently held by members of the board whose term of office expires at the end of the month in which the meeting is held, each nominated registered producer is deemed to have been elected at the meeting as a member of the board for the ensuing term of office. Random selection by Returning Officer (8.1) In the situation described in subsection (8), the Returning Officer shall determine, by random selection, which of the current members of the board whose term of office expires at the end of the month in which the meeting is held are to be replaced by the new members who are deemed under that subsection to have been elected to the board. Effect of current members (8.2) Any current member of the board whose term of office expires at the end of the month in which the meeting is held is deemed (a) not to have been re-elected at the meeting if the member was selected by the Returning Officer under subsection (8.1); and (b) to have been re-elected at the meeting if the member was not selected by the Returning Officer under subsection (8.1). Election by secret ballot (8.3) If, at the annual meeting, or a special meeting, at which an election is to be held, more nominations are received by the nominating committee than the number of positions on the board that are currently held by members whose term of office expires at the end of the month in which the meeting is held, the Returning Officer shall proceed with the election for those positions, which shall be conducted by secret ballot. Close of register (9) For the purpose of conducting an election the register of producers shall be closed on the last day of the month next following the end of the fiscal year. (EC275/76; 801/96; 77/10) 12. Eligibility (1) Persons whose names appear on the register of producers on the last day of the next month following the end of the fiscal year shall be the only persons eligible to cast a ballot at an election. Voting (2) Every registered producer referred to in subsection (1) is entitled to one vote for each position on the board to be filled at an election. Page 6 Current to: September 28, 2024 t c Natural Products Marketing Act Hog Commodity Marketing Regulations Section 12 Voting by corporation, etc. (2.1) For greater certainty, a registered producer that is a family farm corporation, family farm partnership, cooperative, syndicate or other business group formed or existing for the purpose of jointly acquiring or administering assets, shall be entitled to one vote only for each position on the board to be filled at an election, and such vote shall be cast by the representative of the registered producer who is named by the registered producer in writing to the board before the election. One ballot only (3) No person shall cast more than one ballot in an election. Ballot (4) The Returning Officer shall deliver a ballot bearing the name of each candidate nominated for election to (a) each registered producer who (i) is attending the meeting at which the election is being held, and (ii) has not named a person as the representative of the registered producer in accordance with subsection (3); and (b) each person named who (i) is attending the meeting at which the election is being held, and (ii) has been named as the representative of a registered producer in accordance with subsection (3). Notice (5) Revoked by EC77/10. Counterfoil (6) Revoked by EC77/10. Return of ballots (7) Revoked by EC77/10. Scrutineer (8) Each candidate in an election is entitled to appoint one scrutineer to represent the candidate at the counting of ballots. Witnesses (9) The Returning Officer may appoint such persons as the Returning Officer feels necessary to witness the counting of ballots. Council (10) The Council may appoint an additional witness to represent the Council. Validity (11) The failure of a scrutineer or witness to witness the counting of ballots shall not invalidate the election. Composition of signatures (12) Revoked by EC77/10. c t Current to: September 28, 2024 Page 7 Natural Products Marketing Act Hog Commodity Marketing Section 13 Regulations Valid ballots (13) Revoked by EC77/10. Idem (14) Revoked by EC77/10. Counting (15) Immediately after an election, the Returning Officer shall count the ballots cast at the election in the presence of the scrutineers and witnesses, and, immediately after the completion of the count, the Returning Officer shall announce the result of the vote to the scrutineers, witnesses and registered producers attending the annual meeting, or a special meeting, at which the election is held. Report on election (15.1) The Returning Officer shall, within ten days after an election, (a) complete a written report of the results of the election, bearing the signatures of the scrutineers and witnesses at the election; and (b) file the report with the Board and the Council. Declaration (16) The candidate or candidates receiving the greatest number of votes shall then be declared elected by the Returning Officer. Casting vote (17) In the event of two or more candidates for election receiving an equal number of votes, the Returning Officer shall cast a ballot, in the Returning Officer’s discretion, in favour of one of the candidates having an equal number of votes to complete the election and such candidate shall be deemed to have been duly elected. (EC275/76; 77/10; 868/24) 13. Term of office Each member of the board shall be elected for a three-year term and shall assume office on the first day of the month next succeeding the member’s election. (EC275/76; 868/24) 14. Eligible for re-election A member of the board is eligible for re-election at the expiry of the member’s term. (EC275/76; 233/19) 15. Vacancies (1) If no member is elected in accordance with these regulations or if an elected member becomes unwilling or unable to act, or if a vacancy occurs on the board for any other reason, the Council may appoint a registered producer to fill the unexpired term of office of the member being replaced, or until the date of the next election. Exception (2) Revoked by EC77/10. (EC275/76; 552/08; 77/10; 868/24) Page 8 Current to: September 28, 2024 t c Natural Products Marketing Act Hog Commodity Marketing Regulations Section 16 16. Idem The Council may declare vacant the office of any member of the board who has been convicted of an offence under the Act or under the Criminal Code (Canada) R.S.C. 1985, Chap. C-46 or who has failed to attend three consecutive meetings of the board without reasonable cause. (EC275/76) 17. Officers (1) The board shall, at the first meeting in the fourth month following the end of the fiscal period, elect from its members a chairperson and a vice-chairperson and shall appoint a secretary and a treasurer; the same person may be appointed secretary and treasurer. Other officers and employees (2) The board may also appoint such officers and employees as it deems necessary. (EC275/76; 868/24) 18. Duties of chairman The chairperson of the board shall (a) arrange for the calling of meetings and the time and place thereof; (b) chair all meetings the chairperson is able to attend; (c) be a signing officer of the board; and may vote on all motions. (EC275/76; 868/24) 19. Vice-chairperson The vice-chairperson of the board shall perform all duties and functions of the chairperson in the chairperson’s absence, or in the event of the chairperson’s inability or refusal to act. (EC275/76; 868/24) 20. Secretary The duties of the secretary are: (a) to attend all meetings of the board and keep true minutes thereof and to send a copy of the minutes to every member of the board within ten days of the meeting; (b) to attend all meetings of producers called by the board and keep true minutes thereof; (c) to conduct the correspondence of the board; (d) to sign all orders and regulations of the board; (e) to keep a record of (i) all business transactions of the board, (ii) all orders, directions or determinations of the board, (iii) all reports of committees that are from time to time appointed by the board, and (iv) all annual statements, auditor’s reports and annual reports; (f) to maintain at the head office of the board true copies of all regulations and orders of the board and the secretary shall permit any registered producer to inspect same without charge during normal business hours of the board; c t Current to: September 28, 2024 Page 9 Natural Products Marketing Act Hog Commodity Marketing Section 21 Regulations (g) maintain a register of producers in which shall be recorded the names of all producers, and the secretary shall permit any registered producer to inspect such register without charge during normal business hours of the board; and (h) perform such other duties as may be prescribed from time to time by the board. (EC275/76; 77/10) 21. Treasurer The duties of the treasurer are (a) under the direction of the board, to provide for the deposit of money, the safekeeping of securities and the disbursement of funds of the board; (b) to keep full and accurate books of account in which shall be recorded all receipts and disbursements of the funds of the board; (c) to prepare reports showing the financial position of the board as the board may direct; and (d) to perform such other duties as may be prescribed from time to time by the board. (EC275/76) 22. Duties of members The members of the board shall (a) attend the meetings of the board; (b) act in the best interests of the industry in the province; and (c) subject to clause (b) represent registered producers. (EC275/76; 77/10) 23. Assistants (1) Any powers and duties of an officer to whom an assistant has been appointed by the board may be exercised and performed by the assistant. Variation of functions (2) The board may add to or limit the powers and duties of an officer or an officer’s assistant. Term of office (3) Every member or official of the board shall hold office until a replacement is elected or appointed. (EC275/76; 868/24) 24. Annual meeting The annual meeting of the board for the purpose of electing or appointing officers of the board shall be held not later than the last day of the fourth month next following the end of the fiscal year. (EC275/76; 598/82) 25. Other meetings (1) Meetings of the board shall be held from time to time at such place, at such time and on such day as the chairperson or in the chairperson’s absence the vice-chairperson or any two members of the board shall determine and the secretary, when directed or authorized by either of the said officers or by any two members of the board, shall give or cause to be given notice of the meeting. Page 10 Current to: September 28, 2024 t c Natural Products Marketing Act Hog Commodity Marketing Regulations Section 26 Place (2) Unless otherwise stated in the notice calling the meeting, meetings of the board shall be held at the head office. Notice (3) Notice of a meeting shall (a) include the date and time of the meeting; and (b) shall be given, in writing by mail, or orally or by telephone. Waiver of notice (4) No notice of a meeting is required to be given where, in addition to the members of the board present, those absent waive notice of meeting either before or after the meeting. Mail (5) Notice in writing by mail is sufficiently given if mailed to a member at the member’s last address as recorded in the books of the board. Quorum (6) A majority of the members of the board constitutes a quorum for the transaction of business. Majority vote (7) All questions arising at a meeting of the board are decided by the majority of the votes of the members present and in the event of a tie vote, the motion shall be tabled for reconsideration. Absence (8) Where the chairperson and the vice-chairperson are absent from a meeting, the board may elect a chairperson for the purpose of that meeting from among the members present. Secretary’s absence (9) Where the secretary is absent from a meeting, the board may appoint a secretary for the purpose of that meeting. (EC275/76; 868/24) 26. Transaction of business (1) The board may transact business matters other than at a meeting called and conducted in accordance with sections 24 and 25 upon condition that (a) the chairperson of the board is of the opinion that the matter of business should be decided sooner than a meeting can be called; (b) the chairperson submits the matter to be decided to the secretary of the board; (c) the chairperson or the secretary submits the matter for decision to the members of the board by mail or orally or by telephone; and (d) the secretary makes a record in the minute book of the board of the matter to be decided and the decision of each member. Record (2) Where the conditions prescribed in subsection (1) have been complied with and the record shows a majority of members in favour of, or against, the matter of business, it shall be decided accordingly. c t Current to: September 28, 2024 Page 11 Natural Products Marketing Act Hog Commodity Marketing Section 27 Regulations Confirmation of record (3) Where the secretary of the board makes a record in the minute book under subsection (1), the record shall be read and confirmed at the next meeting of the board. (EC275/76; 868/24) 27. Finance (1) An order passed by the board (a) for borrowing money on the credit of the board; (b) for issuing, selling or pledging securities of the board; (c) for charging, mortgaging, hypothecating or pledging all or any of the real or personal property of the board, including book debts and unpaid calls, rights, powers, franchises and undertakings; or (d) to negotiate for any securities or any money borrowed, or other debt, or any other obligation or liability of the board, shall state the purpose or purposes for which the money, credit, debt or liability is to be used. Majority on financial resolution (2) No order referred to in subsection (1) is effective unless it is passed at a meeting of the members of the board called for the purpose of considering the order and not less than two-thirds of the total board members are present and vote in favour thereof. (EC275/76) 28. Bond (1) The board shall require the treasurer to furnish a bond for the faithful discharge of the treasurer’s duties in such form and with such security as the board may from time to time prescribe. Bond from other officers (2) The board may require such other officers and such employees and agents as the board deems advisable to furnish bonds for the faithful discharge of their duties in such form and with such security as the board may from time to time prescribe. Costs (3) The board shall pay the cost of any bond required under subsection (1) or (2). (EC275/76; 868/24) 29. Investment The board shall not invest any surplus funds of the board other than in investment certificates or trust funds of a chartered bank, trust company, credit union, or the provincial or federal treasurers. (EC275/76) 30. Audit (1) The board shall cause its accounts to be audited annually by one or more auditors within sixty days of the end of the fiscal year of the board. Auditor’s report (2) The auditor shall make a report to the board based on the accounts examined by the auditor and on every balance sheet laid before the board at a general meeting and in the report shall state whether, in the auditor’s opinion, the balance sheet referred to in the report is properly Page 12 Current to: September 28, 2024 t c Natural Products Marketing Act Hog Commodity Marketing Regulations Section 31 drawn up so as to exhibit a true and correct view of the state of the board’s affairs as shown by its books and the treasurer’s financial statements. Filing financial statements (3) The board shall file or cause to be filed a true copy of every audited financial statement with the Council within ninety days of the close of the fiscal year. (EC275/76; 868/24) 31. Register of producers (1) The secretary of the board shall maintain a continuous up-to-date register of producers which shall be available for inspection by registered producers without charge at all times during normal business hours of the board, and copies shall be provided to registered producers at a cost determined by the board. Eligibility (2) Every producer who has attained the age of eighteen years and who has owned a minimum of ten brood sows during the previous twelve months, or who has owned and marketed a minimum of fifty hogs during the previous twelve months is eligible for registration. Registration of corporations, etc. (3) In the event that a producer who complies with subsection (2) is a corporation, partnership or syndicate or business group, that producer shall be registered in the corporate or firm name of such producer and all rights and privileges and responsibilities of such producer shall be exercised by a natural person designated by notice in writing from the producer to the board. Removal from register (4) The board may remove from the register any producer who does not comply with subsection (2) by giving thirty days notice in writing mailed to the last known address of such producer. Appeal of removal from register (5) A producer may appeal the removal of the producer’s name from the register to the Appeals Tribunal and the producer’s name shall remain on the register until the appeal is heard. Appeals procedure (6) An appeal under subsection (5) shall be heard in accordance with the Appeals Procedure Regulations (EC142/86) made under the Act. (EC275/76; 202/82; 77/10; 868/24) 32. Annual meeting (1) The board shall call an annual meeting of the registered producers within three months of the end of the fiscal year of the board at such time and on such date and at such place as the board determines. Date of meeting (2) Revoked by EC77/10. Statements to be presented (3) At every annual meeting the board shall present the audited financial statement for the preceding fiscal period along with the annual report of the board and shall announce the appointment of auditors for the next succeeding annual meeting or meetings. (EC275/76; 77/10) c t Current to: September 28, 2024 Page 13 Natural Products Marketing Act Hog Commodity Marketing Section 33 Regulations 33. Special meeting (1) Where the board receives a petition or request signed by at least ten percent of the registered producers requesting that a special meeting of producers be held for discussion of matters respecting the operation of the plan or of the board, the board shall call a special meeting of producers within thirty days of the receipt of such a petition or request. Matters for discussion (2) A petition or request shall contain or be accompanied by a statement of the matters for discussion at the special meeting. Notice (3) A meeting referred to in subsection (1) of (2) may be called (a) by giving notice thereof, in writing, to each registered producer; or (b) by publication of such notice in at least two newspapers in the province, and such notice shall contain a statement of the matters for discussion and shall be given at least two weeks prior to the date of such meeting. Agenda (4) At such special meeting only those matters contained in the notice of meeting may be brought before the meeting. (EC275/76) 34. Board not bound The board shall not be bound by any decision arising from a special or annual meeting. (EC275/76; 77/10) 35. Committees The board may appoint committees, the members of which need not be members of the board, to advise or assist it in its work, but shall not sub-delegate any powers delegated to the board under the plan. (EC275/76) 36. Validity of actions The actions of the board are, notwithstanding any defect or irregularity in the appointment or election or qualifications of any member thereof, as valid as if the board and every member thereof has been duly appointed or elected and were duly qualified. (EC275/76) 37. Liability No action shall be brought against any person who at any time acts, purports to act or who hereafter acts or purports to act under or pursuant to the provisions of the Act for anything done by the person in good faith in the performance or intended performance of the person’s duties. (EC275/76; 868/24) 38. Indemnity Every member or officer of the board and the member’s or officer’s heirs, executors and administrators, and estate and effects, respectively, shall, from time to time at all times, be indemnified and saved harmless out of the funds of the board, from and against Page 14 Current to: September 28, 2024 t c Natural Products Marketing Act Hog Commodity Marketing Regulations Section 39 (a) all costs, charges and expenses whatsoever which such member or officer sustains or incurs in or about any action, suit or proceeding which is brought, commenced or prosecuted against the member or officer, for or in respect of any act, deed, matter or thing whatsoever, made, done or permitted by the member or officer, in or about the execution of the duties of the member’s or officer’s office; and (b) all other costs, charges and expenses which the member or officer sustains or incurs in or about or in relation to the affairs thereof, except such costs, charges or expenses as are occasioned by the member’s or officer’s own willful neglect or default. (EC275/76; 868/24) 39. Remuneration (1) The remuneration to be paid to members of the board shall be such per diem allowance as the board may from time to time determine. Expenses (2) The members are also entitled to be paid their travelling or other expenses properly incurred by them in connection with the business of the board. Special services (3) The members may also by resolution award special remuneration to any member undertaking any special services on behalf of the board. (EC275/76) 40. Powers of the board The Lieutenant Governor in Council hereby vests in the Prince Edward Island Hog Commodity Marketing Board all powers necessary to enable it effectively to promote, control and regulate the marketing of hogs within the province including the power to prohibit any aspect of the marketing of hogs, and without limiting the generality of the foregoing or any other provisions of these regulations it has the following additional powers: (a) to regulate the time and place at which and to designate the agency or sub-agency, or the agencies or sub-agencies through which hogs are to be marketed; (b) to determine the manner of distribution, the quantity and quality, grade or class of hogs that are to be marketed; (c) to prohibit any aspect of the marketing of any grade, quality or class of hogs; (d) to determine the charges that may be made for its services by any designated agency; (e) to exempt from any determination or order any person or class of persons engaged in the production of, or any aspect of marketing of hogs or any class, variety, or grade thereof; (f) to require any or all persons engaged in the production of, or any aspect of marketing of hogs to register with and obtain licenses from the commodity board; (g) to fix and collect yearly, half yearly, quarterly, or monthly license fees from any or all persons engaged in the production of, or any aspect of the marketing of hogs, and for this purpose to classify such persons into groups and fix the license fees payable by the members of the different groups; (h) to fix and collect from such persons fees and levies for services rendered or to be rendered by the commodity board; (i) to recover such license, levies or other fees by suit in any court of competent jurisdiction; c t Current to: September 28, 2024 Page 15 Natural Products Marketing Act Hog Commodity Marketing Section 40 Regulations (j) to suspend or revoke at any time any license granted under the Act and to establish appeal procedures; (k) to impose penalties as provided by regulation for violation of any determination or order made under this Act; (l) to require full information relating to the production and any aspect of marketing of hogs from all persons engaged therein; (m) to require periodic returns to be made by such persons; (n) to inspect the books and premises of such persons; (o) to fix price or prices, minimum price or prices, at which hogs, or any grade or class thereof may be bought or sold in the province, or that shall be paid for hogs by a designated agency; (p) to conduct or authorize any marketing agency or sub-agency appointed under the plan to conduct a pool or pools for the distribution of all proceeds received from the sale of hogs and requiring any such marketing agency to distribute the proceeds of sale, after deducting all necessary and proper disbursements, expenses, and charges, in such manner that each person receives a share of the total proceeds in relation to the amount, variety, size, grade and class of hogs delivered by the person and to make payments in respect thereof until the total net proceeds are distributed; (p.1) to acquire, possess, purchase and sell hogs; (p.2) to purchase, take on lease or in exchange, or otherwise acquire real property for the purposes of its business and to sell or otherwise dispose of or mortgage real property acquired by a commodity board; (p.3) to borrow, raise or secure the payment of money in such manner as the commodity board may think fit for the purpose of carrying out the objects of the plan; (p.4) to draw, make, accept, endorse, execute, issue, hypothecate, or assign promissory notes, bills of exchange and other negotiable or transferable instruments; (p.5) to take, or otherwise acquire and hold, shares, debentures or other securities of any company having objects altogether or in part similar to those of the commodity board, or carrying on any business capable of being conducted so as, directly or indirectly, to benefit producers, and to sell or otherwise deal with the same; (q) to seize and dispose of any hogs marketed in violation of any order of the commodity board; (r) to require the person in charge of any vehicle to permit any agent or employee authorized by the commodity board to search the vehicle; (s) to use in carrying out the purposes of the plan and paying the expenses of the commodity board any money received by such board; (t) to delegate its powers to any agent or employee authorized by the board for the proper operation of the plan under which the commodity board is constituted, provided that this clause shall not permit the delegation by such board of the powers contained in clauses (f), (g) and (j); (u) to make orders, rules and regulations affecting the production or marketing of hogs; (v) to establish and regulate sales and production quotas, and to prohibit the marketing or production of regulated products in excess of such quotas, or by persons to whom a quota has not been allotted; (w) to investigate and arbitrate any dispute arising from the sale of the natural product between producers, shippers, transporters and distributors; (x) to require proof of financial responsibility by any person engaged in marketing; and Page 16 Current to: September 28, 2024 t c Natural Products Marketing Act Hog Commodity Marketing Regulations Section 41 (y) to establish price stabilization programs and to fix and collect from producers fees and levies to be used for services rendered or to be rendered to establish a price stabilization program and for the general purposes of orderly marketing. (EC275/76; 236/85; 868/24) 41. Dual capacity Every person who operates in more than one of the capacities dealt with in this plan shall be deemed to act in each of such capacities separately from the others, and to contract in each of such capacities with itself, himself or herself in each of the other capacities in which the person acts, for the purposes of this plan, and shall comply with all provisions in the Act, this plan, and all orders, rules, and regulations of the board that apply to the person or the person’s operations in each capacity. (EC275/76; 868/24) c t Current to: September 28, 2024 Page 17