CONSOLIDATION

British Columbia Tree Fruit Pooling Regulations

C.R.C., c. 147

Current to June 20, 2022



OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence

31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations

(3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency.

LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only.

NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”.

Current to June 20, 2022

TABLE OF PROVISIONS Regulations Respecting the Pooling of Tree Fruits Produced in British Columbia 1

Short Title

Interpretation

Agency

Pooling Committees

Current to June 20, 2022

ii

CHAPTER 147

AGRICULTURAL PRODUCTS MARKETING ACT

British Columbia Tree Fruit Pooling Regulations

Regulations Respecting the Pooling of Tree Fruits Produced in British Columbia

Short Title 1 These Regulations may be cited as the British

Columbia Tree Fruit Pooling Regulations.

Interpretation 2 In these Regulations, unless the context otherwise requires, Agency means B.C. Tree Fruits Limited, a company incorporated under the laws of the Province of British Columbia and having its chief place of business at the City of Kelowna, in the said Province; (Agence) appropriate pooling committee means, (a) in respect of matters relating to apples and crabapples, the committee established by subsection 6(1), (b) in respect of matters relating to tree fruits, other than apples and crabapples, the committee established by subsection 6(2), and (c) in respect of matters relating to both apples or crabapples and other tree fruits, the committee established by subsection 6(3); (comité de mise en commun)

area means that part of British Columbia lying east of the 121st meridian of west longitude and south of the 51st parallel of north latitude; (région) British Columbia Fruit Growers’ Association means the association incorporated under that name under the laws of the Province of British Columbia and having its

Current to June 20, 2022

British Columbia Tree Fruit Pooling Regulations Interpretation Sections 2-5

head office at the City of Kelowna in that Province; (British Columbia Fruit Growers’ Association) Commodity Board means the British Columbia Fruit Board; (Office de commercialisation) Okanagan Federated Shippers’ Association means the association incorporated under that name under the laws of the Province of British Columbia and having its head office at the City of Kelowna in that Province; (Okanagan Federated Shippers’ Association) Order means the British Columbia Tree Fruit Order, made under the Agricultural Products Marketing Act; (décret) person includes a body corporate; (personne) regulated product means any tree fruit grown within the area in the year 1964 and subsequent years; (produit réglementé) Scheme means the British Columbia Tree Fruit Marketing Scheme, 1960, established pursuant to the Natural Products Marketing (British Columbia) Act, and all amendments thereto. (Programme) SOR/83-895, s. 1.

Agency 3 The Agency, being the marketing agency appointed by

the Commodity Board under the Scheme and the Order, is hereby authorized to conduct a pool or pools for the distribution of all proceeds received from the sale of the regulated product. 4 The Agency is hereby required to distribute the proceeds of the sale referred to in section 3, 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 the regulated product delivered by him, and to make payments in respect thereof until total net proceeds are distributed. 5 Subject to the requirements of section 4, the pool or

pools conducted by the Agency shall be constituted and operated in a manner similar to that in which like pools heretofore operated by the Agency pursuant to contracts with persons engaged in the production, packing and/or storing of the regulated product or any part thereof have been conducted, and otherwise in such manner as may from time to time be approved by the appropriate pooling committee as provided for in section 6.

Current to June 20, 2022

British Columbia Tree Fruit Pooling Regulations Agency Sections 5-8

Pooling Committees 6 (1) There shall be a pooling committee that shall deal

with matters relating to apples and crabapples consisting of seven members, five of whom shall be appointed by the British Columbia Fruit Growers’ Association, one of whom shall be appointed by the Okanagan Federated Shippers’ Association and one of whom shall be appointed by the Agency. (2) There shall be a pooling committee that shall deal

with matters relating to tree fruits, other than apples and crabapples, consisting of seven members, five of whom shall be appointed by the British Columbia Fruit Growers’ Association, one of whom shall be appointed by the Okanagan Federated Shippers’ Association and one of whom shall be appointed by the Agency. (3) There shall be a pooling committee that shall deal

with matters relating to both apples or crabapples and other tree fruits consisting of the members of the committees established by subsections (1) and (2). (4) A person appointed as a member of one of the committees established by subsection (1) or (2) may also be appointed as a member of the other committee established by those subsections. SOR/83-895, s. 2.

7 (1) Each pooling committee established by section 6 may make its own rules as to the convening and procedure of its meetings and the election of a chairman of such meetings. (2) The decision of the majority of members present at a meeting of a pooling committee at which a quorum is present shall be deemed to be the decision of the committee. (3) Five members constitute a quorum in respect of the

committees established by subsections 6(1) and (2). (4) Ten members constitute a quorum in respect of the

committee established by subsection 6(3). (5) In the event of a tie vote at a meeting of a pooling

committee, the chairman of the meeting shall have a second or casting vote. SOR/83-895, s. 2.

8 The British Columbia Fruit Growers’ Association, the Okanagan Federated Shippers’ Association and the

Current to June 20, 2022

British Columbia Tree Fruit Pooling Regulations Pooling Committees Section 8

Agency may at any time revoke any appointment to a pooling committee made by it and may appoint another member to the committee in the place of the person whose membership was revoked. SOR/83-895, s. 2.

Current to June 20, 2022

