Interpretation

1   In this regulation:

"Act" means the Natural Products Marketing (BC) Act;

"commercial producer" means a producer whose name has been entered and remains registered in one or more of the registers of commercial producers referred to in section 5;

"commission" means the British Columbia Vegetable Marketing Commission referred to in section 3;

"producer" means a person who operates a farm on which one tonne or more of the regulated product has been produced during the immediately preceding 12 months;

"regulated product" means vegetables, and includes

(a) potatoes, and

(b) strawberries intended expressly for manufacturing purposes,

grown in the Province;

"scheme" means the scheme referred to in section 2 (1).

[am. B.C. Regs. 94/2004, s. 1; 201/2021, s. 1.]

Scheme established, purpose and application

2   (1) A scheme called the British Columbia Vegetable Scheme is established in the terms of this regulation.

(2) The scheme is for the promotion and regulation in the Province of the production, transportation, packing, storage and marketing of the regulated product.

(3) The scheme applies to persons who produce, transport, pack, store or market the regulated product, and to all kinds and grades of the regulated product.

British Columbia Vegetable Marketing Commission

3   (1) A commission called the British Columbia Vegetable Marketing Commission is continued for the purpose of administering the scheme under the supervision of the Provincial board.

(2) The commission consists of the following:

(a) a chair appointed by the Lieutenant Governor in Council;

(b) at least 4 but no more than 6 members who are commercial producers, elected by the commercial producers in accordance with rules and procedures

(i) established and published by the commission, and

(ii) approved by the Provincial board before taking effect;

(c) 2 members who are not commercial producers, appointed by the commission using a merit-based selection process approved by the Provincial board.

(3)-(5) Repealed. [B.C. Reg. 96/80, s. 3 (5).]

[en. B.C. Reg. 201/2021, s. 2; am. B.C. Reg. 96/80, s. 3 (5).]

Powers

4   (1) The commission is vested with the power in the Province to promote, control and regulate in any respect the production, transportation, packing, storage and marketing of a regulated product.

(2) Without restricting the generality of subsection (1), the commission is vested with the powers described in section 11 of the Act, and with the following additional powers:

(a) to grant or lend money to assist

(i) in the construction or operation of facilities for preserving, packing, storing or conditioning of the regulated product, and

(ii) in research relating to the marketing of the regulated product;

(b) to hypothecate, assign, draw, make, sign, accept, endorse, discount and issue bills of exchange, cheques and other negotiable and transferable instruments;

(c) for the purposes of the scheme, to borrow money, provided that the aggregate outstanding indebtedness of the commission through borrowing must not exceed $100 000 at any time, and to secure repayment of the borrowed money in a manner the commission considers fit;

(d) to fix or alter the remuneration of its employees and, subject to the authority of the Provincial board, to fix or alter the remuneration of the chair and other members of the commission.

(3) Repealed. [B.C. Reg. 94/2004, s. 3.]

[am. B.C. Regs. 11/93, s. 2; 350/2003, s. (c); 94/2004, s. 3; 201/2021, s. 3; 76/2022, s. 11.]

Register of commercial producers

5   (1) The commission must keep at its head office a register of commercial producers in which the commission must record the name and address of every producer who applies and who is qualified to be registered as a commercial producer under section 6.

(2) The commission may revise the register of commercial producers from time to time, and, if satisfied that a person no longer qualifies under section 6 to be registered as a commercial producer, may remove the producer's name and address from the register after causing a notice to be mailed to the producer at the producer's last registered address advising the producer of its intention to remove the producer's name.

[en. B.C. Reg. 94/2004, s. 4.]

Qualification for registration as a commercial producer

6   A producer qualifies to be registered as a commercial producer if, during the immediately preceding 12 months, regulated product of at least a gross value to the producer of $5 000 has been grown on the farm operated by the producer and marketed as ordered or directed by the commission.

[en. B.C. Reg. 94/2004, s. 4.]

Register of other producers

7   In addition to the register referred to in section 5 the commission must keep a register of producers other than commercial producers, and in it must maintain the name and address of every person who it is satisfied is a producer but not qualified to be registered as a commercial producer.

[en. B.C. Reg. 94/2004, s. 4.]

Repealed

8-19   Repealed. [B.C. Reg. 94/2004, s. 4.]