This order repeals the 1988 Prince Edward Island Milk Order and gives the Milk Marketing Board authority to regulate milk marketing in interprovincial trade, with related levy and charging powers.
Prince Edward Island Milk Order His Excellency the Governor General in Council, on the recommendation of the Minister of Agriculture, pursuant to subsections 2(1) and (2) of the Agricultural Products Marketing Act, is pleased hereby to repeal the Prince Edward Island Milk Order, 1988, made by Order in Council P.C. 1988-1607 of August 11, 1988*, and to make the annexed Order granting authority to the Prince Edward Island Milk Marketing Board to regulate the marketing in interprovincial and export trade of milk produced in Prince Edward Island, in substitution therefor. SOR/88-422, 1988 Canada Gazette Part II, p. 3625 [Repealed, SOR/2001-16, s. 29] In this Order, Act means the Natural Products Marketing Act of Prince Edward Island; (Loi) Board means the Prince Edward Island Milk Marketing Board established pursuant to the Act; (Office) milk means milk or cream from cows, produced in the Province of Prince Edward Island for consumer use in liquid form in Canada; (lait) Plan means any plan for the marketing of milk, established and amended from time to time pursuant to the Act. (plan) Subject to subsection (2), the Board is authorized to regulate the marketing of milk in interprovincial trade and for that purpose may, with respect to persons and property situated within the Province of Prince Edward Island, exercise all or any powers like the powers exercisable by the Board in relation to the marketing of milk locally within the province under the Act and a Plan. The authority to regulate the marketing of milk in interprovincial trade does not include any power that is exercised by the Canadian Dairy Commission under the Canadian Dairy Commission Act in relation to the marketing of milk in interprovincial trade. The Board may, in relation to the powers granted to it under section 3, fix and impose levies or charges on milk or any component of milk and collect those levies or charges from persons described in subsection 3(1) who are engaged in the production or marketing of milk and for that purpose may classify those persons into groups and fix the levies or charges payable by the members of the different groups in different amounts; and use the levies or charges for the purposes of the Board, including the creation of reserves, the payment of expenses and losses resulting from the sale or disposal of milk and the equalization or adjustment among producers of milk of moneys realized from the sale thereof during such period or periods of time as the Board may determine.