C-32 - Act respecting the bread trade

Updated to 1 April 1999

This document has official status.

chapter C-32

Act respecting the bread trade

Repealed, 1993, c. 21, s. 4.

1993, c. 21, s. 4.

DIVISION I DEFINITIONS

1. In this act, unless the context indicates a different meaning, the following expressions and words mean:

(a)  “establishment” : every place where bread is made, stored, distributed, sold or traded in Québec;

(b)  “Minister” : the Minister of Agriculture, Fisheries and Food;

(c)  “stale bread” : bread made at least four days before it is offered for sale to the consumers;

(d)  “price” : the retail selling price.

1973, c. 34, s. 1; 1979, c. 77, s. 22.

DIVISION II PRICE, WEIGHT AND TRADE OF BREAD

2. The Government may fix a minimum price for bread taking into account the average production cost for bakeries evidencing satisfactory productivity.

1973, c. 34, s. 2.

3. Every draft order in council having as its object the fixing of a minimum price of bread must be published by the Minister in the Gazette officielle du Québec, with notice that at the expiry of thirty days following such publication, it shall be submitted for approval to the Government.

Such order shall come into force from similar publication of a notice of such approval.

1973, c. 34, s. 3.

4. It is prohibited:

(a)  to sell bread at a price lower than that fixed in accordance with this Act;

(b)  to sell or offer for sale, for a lump sum, a lot of products or articles including bread;

(c)  to use direct or indirect means, such as stamps, premiums or contests, having as their object or effect to reduce the price below the minimum established under this act or to lead to the belief that it is so;

(d)  to sell bread not in conformity with the standards established under this Act.

1973, c. 34, s. 4.

5. It is prohibited to give bread for publicity purposes.

1973, c. 34, s. 5.

6. The net weight of a loaf offered for sale in Québec must be 170 g or less, or 450, 570, 675 or 900 g at least one hour after baking.

Other sections of this Act do not apply to rolls individually weighing 170 g or less.

1973, c. 34, s. 6; 1984, c. 47, s. 213.

7. The weight of the loaf must be indicated on the package.

1973, c. 34, s. 7.

8. A merchant or baker may occasionally offer stale bread on the following conditions:

(a)  each loaf must bear a label on which the words “stale bread” and the date of making are inscribed; such date must be at least four days before that when the loaf is offered for sale to consumers;

(b)  such loaves must be placed on a separate counter, which must bear in a conspicuous place a sign on which the words “stale bread” are inscribed;

(c)  the price of such bread shall not be less than 75% of the minimum price fixed under this act.

1973, c. 34, s. 8.

9. All bread must bear on the package the name and address of the maker.

Any bread package whose main inscription is a name or trade mark which does not belong to the business making the bread must bear the following inscription: “Made by .............. (name of maker) according to the instructions of .............. (name of the undertaking ordering it).”

1973, c. 34, s. 9.

DIVISION III REGULATIONS

10. The Government may make regulations to govern the bread trade in Québec and in particular:

(a)  to prescribe standards respecting advertising, labelling and packaging of bread;

(b)  to exempt, in whole or in part, from the application of this act or the regulations, certain classes of bread which it indicates;

(c)  to entrust to a municipality or urban community the application of this act or part of this act in its territory.

The regulations made under this act shall come into force on the date of their publication in the Gazette officielle du Québec or on any later date fixed therein.

1973, c. 34, s. 10.

DIVISION IV INSPECTION

11. Inspectors may be appointed and remunerated in accordance with the Public Service Act (chapter F-3.1.1) to see to the application of this Act.

1973, c. 34, s. 11; 1978, c. 15, s. 140; 1983, c. 55, s. 161.

12. Every inspector may, in the performance of his duties, enter at any reasonable time any establishment where bread is made, stored, offered for sale or distributed and inspect it, and check the contents of any vehicle used for the transport of bread.

1973, c. 34, s. 12.

13. Every inspector may exact from the owner, lessee or manager of an establishment any information relating to the application of this act and examine any register or document in support of such information.

1973, c. 34, s. 13.

14. It is forbidden to hinder an inspector in any manner in the performance of his duties, to mislead him by concealment or false representations or to refuse to give him information or a document which he is entitled to obtain under this Act.

1973, c. 34, s. 14.

15. An inspector shall, if so required, show a certificate signed by the Minister, attesting his authority.

1973, c. 34, s. 15.

DIVISION V PENAL PROVISIONS

1992, c. 61, s. 199.

16. Every person other than a corporation who contravenes this Act is guilty of an offence and is liable to a fine of not less than $325 nor more than $700 for a first offence and, for any subsequent conviction, to a fine of not less than $700 nor more than $2 800.

1973, c. 34, s. 16; 1986, c. 58, s. 23; 1990, c. 4, s. 275; 1991, c. 33, s. 24.

17. Every corporation which contravenes this Act is guilty of an offence and is liable to a fine of not less than $700 nor more than $1 400 for a first offence and, for any subsequent conviction, to a fine of not less than $2 800 nor more than $7 000.

1973, c. 34, s. 17; 1986, c. 58, s. 24; 1990, c. 4, s. 275; 1991, c. 33, s. 25.

18. When a corporation is guilty of an offence against this Act or a regulation, every officer, director, employee or agent of such corporation who prescribed or authorized the commission of the offence or consented to or acquiesced or participated in it, is deemed a party to the offence and is liable to the penalty provided in section 16, whether or not the corporation has been prosecuted or convicted.

1973, c. 34, s. 18.

19. (Repealed).

1973, c. 34, s. 19; 1990, c. 4, s. 276; 1992, c. 61, s. 200.

DIVISION VI FINAL PROVISIONS

20. The Minister of Agriculture, Fisheries and Food shall have charge of the application of this act.

1973, c. 34, s. 21; 1979, c. 77, s. 22.

21. Until an order in council is made under section 3, the minimum price contemplated by section 2 is fixed in the following manner:

          Loaf                     Minimum Price
          --------------------------------------
          450 g: .......................   $0.18
          570 g: .......................    0.20
          675 g: .......................    0.22
          900 g: .......................    0.30

1973, c. 34, s. 22; 1984, c. 47, s. 213.

22. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 34 of the statutes of 1973, in force on 31 December 1977, is repealed, except section 23, effective from the coming into force of chapter C-32 of the Revised Statutes.