Section 1 definition of "Provincial board" BEFORE amended by 2003-7-45, effective November 1, 2003 (BC Reg 350/2003).
"Provincial board" means the British Columbia Marketing Board constituted under section 3;
Section 1 definition of "biosecurity program" was added by 2015-23-2(a), effective May 14, 2015 (Royal Assent).
Section 1 definition of "marketing" BEFORE amended by 2015-23-2(b), effective May 14, 2015 (Royal Assent).
"marketing" includes producing, buying, selling, shipping for sale, offering for sale or storage, and in respect of a natural product includes its transportation in any manner by any person;
Section 2 (1) BEFORE amended by 2015-23-3(a), effective May 14, 2015 (Royal Assent).
(1) The purpose and intent of this Act is to provide for the promotion, control and regulation of the production, transportation, packing, storage and marketing of natural products in British Columbia, including prohibition of all or part of that production, transportation, packing, storage and marketing.
Section 2 (2) (a) BEFORE amended by 2015-23-3(b), effective May 14, 2015 (Royal Assent).
(a) establish, amend and revoke schemes for the promotion, control and regulation in British Columbia of the production, transportation, packing, storage and marketing of natural products,
Section 2 (2) (c) BEFORE amended by 2015-23-3(c), effective May 14, 2015 (Royal Assent).
(c) vest in those boards and commissions powers considered necessary or advisable to enable them effectively to promote, control and regulate the production, transportation, packing, storage and marketing of natural products in British Columbia and to prohibit all or part of the production, transportation, packing, storage and marketing.
Section 2 (4) BEFORE amended by 2015-23-3(d), effective May 14, 2015 (Royal Assent).
(4) The method by which the members of a marketing board or commission are to be chosen, whether by appointment or election, or partly the one and partly the other, may be set out in the scheme the board is authorized to administer.
Section 3 (1) BEFORE amended by 2003-7-46, effective November 1, 2003 (BC Reg 350/2003).
(1) For the purposes of this Act, the Lieutenant Governor in Council may constitute the British Columbia Marketing Board consisting of not more than 10 members appointed by the Lieutenant Governor in Council.
Section 3 (1) BEFORE amended by 2003-47-49, effective February 13, 2004 (BC Reg 45/2004).
(1) For the purposes of this Act, the Lieutenant Governor in Council may constitute the British Columbia Farm Industry Review Board consisting of not more than 10 members appointed by the Lieutenant Governor in Council.
Section 3 (2) BEFORE repealed by 2003-47-49, effective February 13, 2004 (BC Reg 45/2004).
(2) The members of the Provincial board are to receive the remuneration the Lieutenant Governor in Council determines.
Section 3 (3), (5) and (7) BEFORE repealed by 2004-45-120, effective December 3, 2004 (BC Reg 516/2004).
(3) The Lieutenant Governor in Council may appoint officers, clerks and employees necessary for the carrying out of this Act and may set their salaries.
(5) The Provincial board
(a) has general supervision over all marketing boards or commissions constituted under this Act, and
(b) must perform the other duties and functions and exercise the authority the Lieutenant Governor in Council prescribes in order to carry out the intent and purpose of this Act.
(7) The Provincial board may, with the approval of the Lieutenant Governor in Council, make rules governing its procedure and the quorum at its meetings.
Section 3 (1) (part) BEFORE amended by 2015-10-143, effective December 18, 2015 (BC Reg 240/2015).
(1) The British Columbia Farm Industry Review Board is continued consisting of up to 10 individuals appointed as follows by the Lieutenant Governor in Council after a merit based process:
Section 3.1 BEFORE amended by 2007-14-50, effective October 18, 2007 (BC Reg 311/2007).
3.1 Sections 1 to 10, 27 to 30, 45, 46, 48, 57, 58 and 61 of the Administrative Tribunals Act apply to the Provincial board.
Section 4 (c) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(c) perform the functions and duties and exercise the powers under this Act or the regulations.
Section 8 (11) (b) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).
(b) of the Provincial board, payable to the Minister of Finance and Corporate Relations.
Section 8 (1) BEFORE amended by 2004-45-123, effective December 3, 2004 (BC Reg 516/2004).
(1) A person aggrieved by or dissatisfied with an order, decision or determination of a marketing board or commission may appeal the order, decision or determination by serving the Provincial board with written notice of the appeal within
(a) 30 days after receiving notice of the order, decision or determination, or
(b) if the Provincial board considers special circumstances warrant it, a further period specified by the Provincial board on request of the person who brings the appeal.
Section 8 (2) and (3) BEFORE repealed by 2004-45-123, effective December 3, 2004 (BC Reg 516/2004).
(2) A notice under subsection (1) must
(a) contain a statement of the matter being appealed, the name and address of the person bringing the appeal and the name and address of the marketing board or commission being appealed from, and
(b) be accompanied by the prescribed fee for bringing the appeal.
(3) Within 30 days of being served under subsection (1), the Provincial board must serve written notice of the time and place of the hearing of the appeal on the person bringing the appeal and on the marketing board or commission from which the appeal is made.
Section 8 (7) BEFORE repealed by 2004-45-123, effective December 3, 2004 (BC Reg 516/2004).
(7) The Provincial board must hear an appeal under this section not more than 60 days after it receives a notice of appeal under subsection (1) but the Provincial board may adjourn a hearing for the period it considers appropriate on the request of the person bringing the appeal or of the marketing board or commission from which the appeal is being made or on its own initiative.
Section 8 (8) BEFORE amended by 2004-45-123, effective December 3, 2004 (BC Reg 516/2004).
(8) An appeal under this section or section 9 must be open to the public.
Section 8 (8.1) to (8.3) BEFORE repealed by 2004-45-123, effective December 3, 2004 (BC Reg 516/2004).
(8.1) Despite subsection (8), the Provincial board may conduct all or part of a hearing in private to the extent it considers necessary to do one or both of the following:
(a) to protect confidential business records or confidential business information respecting a party or witness from disclosure to competitors;
(b) to protect personal or medical information about a party or witness from public disclosure.
(8.2) The Provincial board may order that an order, decision or determination of a marketing board or commission that is under appeal is stayed pending the outcome of the appeal.
(8.3) On the request of a party to an appeal, the Provincial board may dismiss an appeal as frivolous, vexatious or trivial.
Section 8 (10) and (11) BEFORE repealed by 2004-45-123, effective December 3, 2004 (BC Reg 516/2004).
(10) The Provincial board must serve a copy of its order or referral made under subsection (9) on each party to the appeal proceeding as soon as practical.
(11) In making its order or referral under subsection (9), the Provincial board may, if it considers it appropriate in the circumstances, direct that a party to the appeal proceeding pay any or all actual costs, within prescribed limits, as calculated by the Provincial board
(a) of another party to the appeal, or
(b) of the Provincial board, payable to the Minister of Finance.
Section 8 (8) BEFORE amended by 2015-23-5, effective May 14, 2015 (Royal Assent).
(8) If, after an appeal is filed, an appeal panel considers that all or part of the subject matter of the appeal is more appropriately dealt with in a supervisory process under its supervisory power, the appeal panel, after giving the appellant and the commodity board or commission an opportunity to be heard, may defer further consideration of the appeal until after the supervisory process is completed.
Section 8.1(2) BEFORE amended by 2015-23-5, effective May 14, 2015 (Royal Assent).
(2) A power of the Provincial board to make an order or require a person to do something under this section applies to a commodity board or commission and to a member of the commodity board or commission.
Section 8.1 (1) BEFORE amended by 2015-10-145, effective December 18, 2015 (BC Reg 240/2015).
(1) For the purposes of an appeal under section 8 of this Act, sections 11 to 20, 22, 24 to 26, 31 to 33, 34 (3) and (4), 35 to 42, 47, 49 to 52, 55 and 60 of the Administrative Tribunals Act apply to the Provincial board.
Section 9 BEFORE re-enacted by 2004-45-125, effective December 3, 2004 (BC Reg 516/2004).
Appeal from an order, decision or determination made under section 8
9 (1) If a person, marketing board or commission is aggrieved or dissatisfied by an order or referral of the Provincial board under section 8 (9), the person, marketing board or commission may appeal the order or referral on a question of law to the Supreme Court if the appeal is commenced within 30 days of being served with a copy of the order or referral.
(2) On hearing an appeal under subsection (1), the Supreme Court may do one or more of the following:
(a) make an order confirming, reversing or varying the order or referral of the Provincial board;
(b) refer the matter back to the Provincial board with or without directions;
(c) make another order it considers appropriate in the circumstances.
(3) An appeal from a decision of the Supreme Court under subsection (2) lies to the Court of Appeal with leave of a justice of the Court of Appeal.
Section 10 (4) BEFORE repealed by 2003-7-47, effective November 1, 2003 (BC Reg 350/2003).
(4) Subject to the approval of the Provincial board, a marketing board may appoint a marketing agency to carry out or perform certain functions or duties for the marketing of a regulated product under its jurisdiction.
Section 10 (1) BEFORE amended by 2015-23-6, effective May 14, 2015 (Royal Assent).
(1) In accordance with section 2, the Lieutenant Governor in Council may provide for the establishment of a marketing board to administer, under the supervision of the Provincial board, regulations for the marketing of a regulated product.
Section 11 (1) (l) BEFORE amended by 2003-7-48, effective November 1, 2003 (BC Reg 350/2003).
(l) to authorize a marketing agency appointed under the scheme to conduct pools for the distribution of all proceeds received from the sale of a regulated product and to require that marketing agency to distribute the proceeds of sale, after deducting all necessary and proper disbursements, expenses and charges, so that each person receives a share of the total proceeds in relation to the amount, variety, size, grade and class of a regulated product delivered by the person and to make those payments until the total net proceeds are distributed;
Section 11 (1) (a) BEFORE amended by 2015-23-7(a), effective May 14, 2015 (Royal Assent).
(a) to regulate the time and place at which and to designate the agency through which a regulated product must be produced, packed, stored, transported or marketed;
Section 11 (1) (b) BEFORE amended by 2015-23-7(b), effective May 14, 2015 (Royal Assent).
(b) to determine the manner of distribution, the quantity and quality, grade or class of a regulated product that is to be transported, produced, packed, stored or marketed by a person at any time;
Section 11 (1) (c) and (q) BEFORE amended by 2015-23-7(c), effective May 14, 2015 (Royal Assent).
(c) to prohibit the production, transportation, packing, storage or marketing of a grade, quality or class of a regulated product;
(q) to make orders and rules considered by the marketing board or commission necessary or advisable to promote, control and regulate effectively the production, transportation, packing, storage or marketing of a regulated product, and to amend or revoke them;
Section 11 (1) (e) and (f) BEFORE amended by 2015-23-7(d), effective May 14, 2015 (Royal Assent).
(e) to exempt from a determination or order a person or class of persons engaged in the production, packing, transporting, storing or marketing of a regulated product or a class, variety or grade of it;
(f) to require persons engaged in the production, packing, transporting, storing or marketing of a regulated product to register with and obtain licences from the marketing board or commission;
Section 11 (1) (g) BEFORE amended by 2015-23-7(e), effective May 14, 2015 (Royal Assent).
(g) to set and collect yearly, half yearly, quarterly or monthly licence fees from persons producing, packing, transporting, storing or marketing a regulated product;
Section 11 (1) (j) BEFORE amended by 2015-23-7(f), effective May 14, 2015 (Royal Assent).
(j) to require full information relating to the production, packing, transporting, storing and marketing of a regulated product from all persons engaged in those activities, to require periodic returns to be made by those persons and to inspect the books and premises of those persons;
Section 11 (1) (n) BEFORE amended by 2015-23-7(g), effective May 14, 2015 (Royal Assent).
(n) to seize and dispose of any regulated product kept, transported, produced, packed, stored or marketed in violation of an order of the marketing board or commission;
Section 11 (1) (o) (part) BEFORE amended by 2015-23-7(h), effective May 14, 2015 (Royal Assent).
(o) to set and collect levies or charges from designated persons engaged in the production or marketing of the whole or part of a regulated product and for that purpose to classify those persons into groups and set the levies or charges payable by the members of the different groups in different amounts, and to use those levies or charges and other money and licence fees received by the marketing board or commission
Section 11 (1) (p) BEFORE amended by 2015-23-7(i), effective May 14, 2015 (Royal Assent).
(p) to delegate its powers to the extent and in the manner the board considers necessary or advisable for the proper operation of the scheme under which the board is constituted, but a power in paragraph (f), (g) (h) or (i) must not be exercised by any person other than the federal board, a marketing board or a commission;
Section 12 (4) BEFORE repealed by 2003-7-49, effective November 1, 2003 (BC Reg 350/2003).
(4) Subject to the approval of the Provincial board, a commission may appoint a marketing agency to carry out or perform certain functions or duties for the marketing of a regulated product under its jurisdiction.
Section 12 (1) BEFORE amended by 2015-23-6, effective May 14, 2015 (Royal Assent).
(1) In accordance with section 2, the Lieutenant Governor in Council may provide for the establishment of a marketing commission to administer, under the supervision of the Provincial board, regulations for the marketing of a regulated product.
Section 13 BEFORE amended by 2015-23-8, effective May 14, 2015 (Royal Assent).
Power to alter schemes
13 Subject to this Act, if a commission is established under section 12, the Lieutenant Governor in Council may, in accordance with section 2, concerning a natural product, make orders establishing, amending and revoking schemes, the objects of which are:
(a) to initiate and carry out programs for regulating, promoting, stimulating, increasing and improving the marketing of that natural product;
(b) to initiate, support or conduct programs for promoting, stimulating, increasing and improving the economic position of persons engaged in the production, processing and marketing of that natural product;
(c) to initiate, support or conduct advertising, educational, promotional and research programs relating to the production, processing and marketing of that natural product.
Section 15 (1) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(1) On application by the Provincial board, a marketing board or commission and on being satisfied that a provision of this Act or the regulations or a provision of a marketing scheme made by the Provincial board, marketing board or commission under this Act or the regulations or an order, rule, determination or decision of the Provincial board, marketing board or commission made under this Act or made under powers exercisable, with the approval of the Lieutenant Governor in Council, under the federal Act, is not being complied with, the Supreme Court may
Section 16 (2) (part) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(2) If the Provincial board, marketing board or commission, or a member of them, has reasonable grounds to believe that a provision of this Act or the regulations or a provision of a marketing scheme made by the Lieutenant Governor in Council or an order, rule, determination or decision of the Provincial board, a marketing board or commission under this Act or the regulations or made under a power exercisable under the federal Act, is not being complied with, the Provincial board, marketing board or commission or a person on its behalf designated under subsection (1), for the purpose of inspecting and examining a regulated product that is contained or that the board, commission or person has reason to believe is contained, in that vehicle, conveyance, land or premises may do one or more of the following:
Section 16 (3) (b) (part) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(b) if, during an inspection or examination, it appears that this Act or the regulations or a marketing scheme made under this Act or the regulations, or the provisions of a marketing scheme made by the Lieutenant Governor in Council, or an order, rule, determination or decision of the Provincial board, marketing board or commission referred to in subsection (2) or made under a power exercisable under the federal Act is not being complied with, seize and take away, for the purpose of evidence,
Section 16 (4) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(4) If a person is convicted under this Act or the regulations, anything that was detained or seized under this section in respect of the offence is forfeited and becomes the property of the government.
Section 16 (6) BEFORE amended by 2007-14-209,Sch and 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(6) The government or a person acting under the authority of this Act or the regulations is not liable for loss or damage arising from the destruction or deterioration of anything seized or detained under this section during a period it is under seizure or detention lawfully made under this Act or the regulations.
Section 16 (7) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(7) If a person is not convicted under this Act or the regulations, anything detained or seized under this section may, in the discretion of the court having jurisdiction in the matter, be returned to the person entitled to it, or disposed of in the manner the court may order, and the court may, in a proper case, if there is loss or damage arising from the destruction or deterioration of anything that was detained or seized, order the Provincial board or the marketing board or commission that authorized the detention or seizure to pay compensation for the loss or damage to the person entitled to it.
Section 16 (2) (part) BEFORE amended by 2015-23-10(b), effective May 14, 2015 (Royal Assent).
(2) If the Provincial board, marketing board or commission, or a member of them, has reasonable grounds to believe that a provision of this Act or the regulations or a provision of a marketing scheme made by the Lieutenant Governor in Council or an order, rule, determination or decision of the Provincial board, a marketing board or commission under this Act or made under a power exercisable under the federal Act, is not being complied with, the Provincial board, marketing board or commission or a person on its behalf designated under subsection (1), for the purpose of inspecting and examining a regulated product that is contained or that the board, commission or person has reason to believe is contained, in that vehicle, conveyance, land or premises may do one or more of the following:
Section 16 (2) (a) and (c) BEFORE amended by 2015-23-10(c), effective May 14, 2015 (Royal Assent).
(a) stop and detain a vehicle or other form of conveyance that contains or that the board, commission or person has reason to believe contains, a regulated product;
(c) with a warrant, enter land or premises in which a regulated product is being marketed or in which the board, commission or person has reason to believe a regulated product is being marketed and search the land or premises.
Section 16 (2) (b) BEFORE amended by 2015-23-10(d), effective May 14, 2015 (Royal Assent).
(b) if accompanied by a peace officer, without a warrant, enter and search a vehicle or other form of conveyance and require that the driver or operator of the vehicle or conveyance take it to a place specified by the person searching the vehicle or conveyance so that all or part of the cargo may be there unloaded and detained for the purposes of subsection (3);
Section 16 (3) (a) BEFORE amended by 2015-23-10(e), effective May 14, 2015 (Royal Assent).
(a) require the licensee, occupier or person in charge of the vehicle, conveyance, land or premises or the owner or consignee of a regulated product found in the vehicle, conveyance or premises or on the land, to give all reasonable assistance in connection with the stoppage, detention, entry, inspection or examination and, for those purposes, require that person to attend at the vehicle, conveyance, land or premises, and
Section 16 (3) (a) (i), (ii) and (iii) were added by 2015-23-10(f), effective May 14, 2015 (Royal Assent).
Section 16 (3) (b) (part) BEFORE amended by 2015-23-10(g), effective May 14, 2015 (Royal Assent).
(b) if, during an inspection or examination, it appears that this Act or the regulations or a marketing scheme made under this Act, or the provisions of a marketing scheme made by the Lieutenant Governor in Council, or an order, rule, determination or decision of the Provincial board, marketing board or commission referred to in subsection (2) or made under a power exercisable under the federal Act is not being complied with, seize and take away, for the purpose of evidence,
Section 17 (1) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(1) An order, rule, determination or decision made by the Provincial board, a marketing board or commission or under this Act or the regulations or made under a power exercisable under the federal Act, may be enforced, and the breach of an order, rule, determination or decision may be restrained, without proof of damage and whether or not a penalty is imposed for the breach, by action or proceeding in the Supreme Court.
Section 18 (3) (part) and (5) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(3) In a prosecution for an offence under this Act or the regulations
(5) In a prosecution for an offence under this Act or the regulations, the act or omission complained of, for which the prosecution was instituted, is, unless the defendant proves to the contrary, deemed to relate to the transportation, packing, storage or marketing of the natural product in other than interprovincial or export trade.
Section 18 (1) BEFORE amended by 2015-23-13(a), effective May 14, 2015 (Royal Assent).
(1) A person who fails to comply with this Act or the regulations or an order, rule, determination or decision made by the Provincial board or a marketing board or commission or made under a power exercisable under the federal Act commits an offence.
Section 18 (5) BEFORE amended by 2015-23-13(b), effective May 14, 2015 (Royal Assent).
(5) In a prosecution for an offence under this Act, the act or omission complained of, for which the prosecution was instituted, is, unless the defendant proves to the contrary, deemed to relate to the transportation, packing, storage or marketing of the natural product in other than interprovincial or export trade.
Section 19 BEFORE re-enacted by 2004-45-126, effective December 3, 2004 (BC Reg 516/2004).
Protection of members of boards from actions
19 No action may be brought against a person who at any time has acted or purported to act or who is acting or purports to act, as a member of a Provincial board, marketing board, commission or agency appointed under the federal Act or under this Act for anything done by the person in good faith in the performance or intended performance of the person's duties.
Section 20 BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).
20 The Minister of Finance and Corporate Relations, on the requisition of the minister, must pay all sums necessary to pay the salaries of the members of the Provincial board and its staff and to meet the expenses necessarily incurred in the carrying out of this Act, but not the expenses of administering a scheme under this Act.
Section 22 (4) (c) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).
(c) a tariff of the costs that the Provincial board may direct a party to an appeal under section 8 to pay to another party to the appeal or to the Minister of Finance and Corporate Relations.
Section 22 (4) BEFORE repealed by 2004-45-127, effective December 3, 2004 (BC Reg 516/2004).
(4) Without limiting subsections (1) and (2), the Lieutenant Governor in Council may establish the following by regulation:
(a) rules of practice and procedure for appeals under section 8;
(b) the fee to be paid to make an appeal under section 8;
(c) a tariff of the costs that the Provincial board may direct a party to an appeal under section 8 to pay to another party to the appeal or to the Minister of Finance.
Section 24 BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).
Exercise of powers whether or not federal Act in existence
24 All powers vested in the Lieutenant Governor in Council or in a board or person by or under this Act may be exercised to their fullest extent, even though the federal Act may or may not be existing or operative or that the federal board may or may not be existing or operative.
Section 24 BEFORE amended by 2015-23-14, effective May 14, 2015 (Royal Assent).
Exercise of powers whether or not federal Act in existence
24 All powers vested in the Lieutenant Governor in Council or in a board or person under this Act may be exercised to their fullest extent, even though the federal Act may or may not be existing or operative or that the federal board may or may not be existing or operative.