Interpretation

1.  In this Act

"committee" means the seed control committee of a seed potato control area constituted under this Act;

"owner" means any person who is

(a) registered as the owner of land in the books of the land title office;

(b) a purchaser of land under an agreement for purchase registered in the books of the land title office, and who is by the terms of the agreement liable to pay the taxes on the land; or

(c) a pre-emptor, homesteader, purchaser or lessee of land from the Crown;

and includes the authorized agent or representative of any owner within the scope of paragraph (a), (b) or (c);

"seed" means certified potato tuber for reproduction purposes;

"seed potato control area" means a seed potato control area constituted under this Act.

Historical Note(s): RS1960-48-2; 1978-25-334.

Meeting of owners

2.  (1) Any 5 owners of land in an area that they propose to have constituted a seed potato control area under this Act may by public notice call a meeting of the owners of land in that area at a time and place named in the notice.

(2) The notice shall contain a description of the area proposed to be constituted a seed potato control area.

(3) The notice shall be given by a copy of it being posted at each post office serving the area or at any 2 conspicuous public places in the area at least 15 days before the day named for the meeting, and by publication of the notice at least one week before the day named for the meeting in one issue of a newspaper published in the Province and circulating in the area.

(4) Every owner of land in the area may attend and take part in the discussion at the meeting.

(5) A majority in number of the owners present at the meeting may decide to circulate a petition for the constitution of a seed potato control area under this Act.

Historical Note(s): RS1960-48-3.

Petition for constitution of an area

3.  (1) The petition shall be addressed to the Lieutenant Governor in Council, in a form prescribed by the regulations.

(2) The petition shall

(a) contain a description of the proposed seed potato control area;

(b) state the variety or varieties of seeds proposed to be produced in that area; and

(c) state the names of 3 persons whom the petitioners desire to be appointed as members of the seed control committee of the seed potato control area, and who express in writing their willingness to act.

Historical Note(s): RS1960-48-4.

Lieutenant Governor in Council may constitute area

4.  (1) On the presentation of the petition, accompanied by proof of compliance with section 2 and showing that the petition is signed by not less than 80% in number of the owners of land in the proposed seed potato control area, the Lieutenant Governor in Council may, by order, constitute the land described in the petition a seed potato control area, under the name considered advisable, and may appoint the persons nominated in the petition, together with one other person nominated by the Minister of Agriculture and Food, to be the seed control committee of that control area.

(2) In constituting the seed potato control area the Lieutenant Governor in Council may change or vary the boundaries of the seed potato control area as set out in the petition.

(3) The Lieutenant Governor in Council may, by the order constituting the seed potato control area or by a subsequent order, prescribe the varieties of seeds that may be grown in the seed potato control area, and the varieties may differ from those stated in the petition.

Historical Note(s): RS1960-48-5; 1980-29-11; [amended 1985-13-12, not in force, amendment not included].

Constitution of committee

5.  (1) On the making of the order constituting the seed potato control area, the members of the committee appointed and their successors in office shall be a corporation under the name set out in the order.

(2) The order is conclusive evidence of the regularity of all proceedings leading up to the constitution of the seed potato control area and that the committee is appointed and incorporated under this Act.

(3) The number of members constituting the committee, the term of office of the members, the making of appointments of members and the constitution of a quorum shall be governed by the regulations but there shall be at all times one member of the committee who is the nominee of the Minister of Agriculture and Food, and the other members shall be nominees of the owners of land in the control area.

Historical Note(s): RS1960-48-6; 1980-29-11; [amended 1985-13-13, not in force, amendment not included].

Dissolution of control area and of committee

6.  On cause shown, and on the conditions and subject to the provisions considered proper, the Lieutenant Governor in Council may, by order, revoke and cancel the constitution of any seed potato control area and declare the committee of it to be dissolved.

Historical Note(s): RS1960-48-7.

Functions of committee

7.  (1) To control, facilitate and protect the growing of seed in the seed potato control area, the committee has authority to carry out and enforce this Act and the regulations.

(2) Without limiting the generality of subsection (1), the powers and duties of the committee extend to

(a) the employment, direction and supervision of the servants and employees considered necessary to enable the committee effectively to carry out its work, and the payment of the salaries or wages of the persons employed;

(b) the keeping of accurate records of the work done and of the costs and expenses incurred by the committee;

(c) the submission of reports the Minister of Agriculture and Food requires;

(d) the exercise of other powers and the performance of other duties that may be prescribed by the regulations.

(3) The committee shall not undertake any expenditure or incur any liability in excess of the money contributed for the purposes of this Act by the seed growers and owners of land in the seed potato control area.

Historical Note(s): RS1960-48-8; 1980-29-11.

Restriction of growing to authorized varieties

8.  No person shall grow or permit to grow on any land of which he is the owner or occupier in a seed potato control area, or in any part of it, any seed of a variety other than that prescribed or authorized under this Act.

Historical Note(s): RS1960-48-9.

Regulations

9.  (1) The Lieutenant Governor in Council may make regulations.

(2) Without limiting the generality of subsection (1), the power of the Lieutenant Governor in Council to make regulations under this section extends to

(a) defining, redefining, reducing or extending the limits of a seed potato control area;

(b) prescribing the powers and duties of committees under this Act, the number of members constituting a committee, the term of office of members, the manner of nominating and appointing members and the number of members required to constitute a quorum;

(c) regulating the times of meetings and the manner of calling and conducting meetings of owners of land in a seed potato control area and the method of voting and the qualification of voters at those meetings;

(d) prescribing the methods of seed potato control work to be followed by the committee in respect of any seed potato control area;

(e) prescribing and authorizing the varieties of seed to be grown in a seed potato control area;

(f) defining variety areas in a seed potato control area, and prescribing what varieties of seeds shall or shall not be grown or produced in any variety area defined;

(g) cancelling any variety areas;

(h) providing for the inspection, testing and approval of the seed grown or produced and the inspection of variety areas;

(i) requiring and compelling the owners and occupiers of land in any seed potato control area to rogue defective plants injurious, or that might become injurious, to any seed grown in that area pursuant to this Act;

(j) governing the periods which and the extent to which roguing and removal of defective plants may be practised.

Historical Note(s): RS1960-48-10; 1980-50-82, effective May 17, 1980; [amended 1985-13-14, not in force, amendment not included].

Offence and penalty

10.  A person who violates any provisions of this Act or the regulations, or who hinders or obstructs the committee or any member, servant or employee of the committee in the performance of its or his duties or powers under this Act, is liable on conviction to a fine not exceeding $100.

Historical Note(s): RS1960-48-11.