Canadian Dairy Commission Act (R.S.C., 1985, c. C-15)

Short Title

Marginal note:Short title

1 This Act may be cited as the Canadian Dairy Commission Act.

Interpretation

Marginal note:Definitions

2 In this Act,

Board

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; (office)

Commission

Commission means the Canadian Dairy Commission continued by section 3; (Commission)

cream

cream means cream derived from milk; (crème)

dairy product

dairy product means milk, cream, butter, cheese, condensed milk, evaporated milk, milk powder, dry milk, ice-cream, malted milk or any other product manufactured wholly or mainly from milk and includes sherbet; (produits laitiers)

market

market means to market in interprovincial or export trade; (commercialisation)

milk

milk means milk from cows; (lait)

Minister

Minister means the Minister of Agriculture and Agri-Food; (ministre)

place

place includes any vehicle, vessel, railway car or aircraft; (lieu)

regulated product

regulated product means a dairy product the marketing of which is regulated or prohibited by regulations made under this Act. (produits réglementés)

Constitution of the Commission

Marginal note:Commission continued

• 3 (1) The Canadian Dairy Commission is continued as a corporation consisting of a Chairperson, a Chief Executive Officer and one other member.

• Marginal note:Appointment of members

  (2) Notwithstanding section 105 of the Financial Administration Act, each member of the Commission shall be appointed by the Governor in Council to hold office during pleasure for such term as the Governor in Council considers appropriate.

• (3) [Repealed, 2009, c. 2, s. 379]

• (4) [Repealed, 2006, c. 9, s. 240]

• Marginal note:Remuneration and expenses

  (5) Each member of the Commission shall be paid such salary or other remuneration, and may be paid such travel and living expenses incurred in connection with the performance of his duties, as are fixed by the Governor in Council.

• Marginal note:Retirement age

  (6) A member of the Commission ceases to hold office on reaching the age of seventy years.

• Marginal note:Temporary substitute member

  (7) If any member of the Commission is absent or unable to act, the Governor in Council may appoint a temporary substitute member for such term and on such conditions as the Governor in Council prescribes.

• Marginal note:Head office

  (8) The head office of the Commission shall be in the city of Ottawa, but meetings of the Commission may be held at such other places as the Commission may decide.

Marginal note:Agent of Her Majesty

4 The Commission is for all purposes of this Act an agent of Her Majesty in right of Canada.

Consultative Committee

Marginal note:Consultative Committee

• 5 (1) The Minister shall appoint a Consultative Committee consisting of a chairperson and eight other members.

• Marginal note:Tenure of members

  (2) Each member of the Consultative Committee shall be appointed for a term not exceeding three years, except that of those members first appointed three shall be appointed for a term of two years, three shall be appointed for a term of three years and three shall be appointed for a term of four years.

Marginal note:Functions of Consultative Committee

• 6 (1) The Consultative Committee shall meet at such times as are fixed by the Commission and shall advise the Commission on such matters relating to the production and marketing of dairy products as are referred to it by the Commission.

• Marginal note:Remuneration and expenses

  (2) The members of the Consultative Committee may be paid for their services such remuneration and expenses as are fixed by the Governor in Council.

Staff

Marginal note:Officers and employees

• 7 (1) The Commission may appoint such officers and employees as are necessary for the proper conduct of the work of the Commission and prescribe their duties and, subject to the approval of the Treasury Board, the conditions of their employment.

• Marginal note:Salaries and expenses of staff

  (2) The officers and employees of the Commission appointed as provided in subsection (1) shall be paid such salaries and expenses as are fixed by the Commission with the approval of the Treasury Board.

Objects of the Commission

Marginal note:Objects of Commission

8 The objects of the Commission are to provide efficient producers of milk and cream with the opportunity of obtaining a fair return for their labour and investment and to provide consumers of dairy products with a continuous and adequate supply of dairy products of high quality.

Powers of the Commission

Marginal note:Powers

• 9 (1) The Commission may

  • (a) purchase any dairy product and sell, or otherwise dispose of, any dairy product purchased by it;

  • (b) package, process, store, ship, insure, import or export any dairy product purchased by the Commission;

  • (c) make payments for the benefit of producers of milk and cream for the purpose of providing protection for the income of those producers from the sale of those products, which payments may be made on the basis of volume, quality or on any other basis that the Commission deems appropriate;

  • (d) make investigations into any matter relating to the production, processing or marketing of any dairy product, including the cost of producing, processing or marketing that product;

  • (e) undertake and assist in the promotion of the use of dairy products, the improvement of the quality and variety of and the publication of information in relation to those products;

  • (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.

• Marginal note:Inquiries

  (2) For the purpose of carrying out any investigation under paragraph (1)(d), the Commission has all the powers of a commissioner appointed under Part I of the Inquiries Act.

• Marginal note:Rules of procedure

  (3) The Commission may make the rules it deems necessary for the regulation of its proceedings, for the fixing of a quorum for any of its meetings and generally for the conduct of its activities under this Act.

Marginal note: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.

Duties of the Commission

Marginal note:Commission to submit program to Minister

• 10 (1) Each year, following determination by the Governor in Council pursuant to the Farm Income Protection Act of the total amount to be paid by the Minister to the Commission for the purpose of providing protection for the income of producers of milk and cream from the sale of those products, the Commission shall submit to the Minister an outline of the program by which it proposes to carry out its functions under this Act for the following fiscal year.

• Marginal note:Manner of carrying out functions

  (2) The Commission shall carry out its functions under this Act in a manner that will achieve its objects and meet its obligations from the moneys available to it under this Act.

Marginal note:Directions

• 11 (1) In exercising its powers under this Act or the regulations in relation to the importation or exportation of any dairy product, the Commission shall comply with any directions from time to time given to it by the Minister.

• Marginal note:Application of Financial Administration Act

  (2) Subsections 89(2) to (6) and section 153 of the Financial Administration Act apply, with such modifications as the circumstances require, to a direction given under subsection (1) as though it were a directive referred to in those provisions.