M-35.1 - Act respecting the marketing of agricultural, food and fish products

Section 93 Disposition versions

1990-09-12

93. A marketing board may, by by-law, fix production and marketing quotas for the product marketed under the plan it administers and, for that purpose, subject production and marketing to the conditions, restrictions and prohibitions it determines.

Without restricting the scope of the first paragraph, a board may, by by-law,

(1)  determine the times and places a product marketed under the plan it administers may be produced and marketed;

(2)  require that every producer be the holder of an individual quota allocated by the board and authorizing him to produce or market the product marketed under the plan it administers, fix the minimum and maximum quotas the producer may hold, individually or in association with other persons, and determine the proportion of the quota each producer must produce himself within his operation;

(3)  determine the conditions governing the allocation, maintenance or renewal of an individual quota, and the manner in which it is issued;

(4)  establish equivalences based on the area under cultivation or operation or the number of animals reared or marketed, for the purpose of fixing the quota of a producer;

(5)  determine the manner and conditions applicable to the temporary or permanent reduction of the quota of a producer who produces or markets a larger or smaller quantity of the product marketed under the plan than is permitted by his quota;

(6)  impose on any producer who contravenes a by-law made under this section, a penalty based on the volume or value of the product marketed or the area under cultivation or operation, and prescribe the use of this penalty for particular purposes;

(7)  provide for the cancellation or use by another person of any part of a quota not produced or marketed during a specified period;

(8)  determine the circumstances, the extent and the conditions on which a producer holding a quota may produce or market a product otherwise than according to his quota or a standard determined by the marketing board;

(9)  establish an overall limit of individual quotas which may be allocated to producers by the marketing board, and prescribe standards for proportional reduction of the quotas when the limit has been or is about to be reached;

(10)  determine standards for periodical adjustment of individual quotas according to market needs;

(11)  determine the manner and conditions according to which the board may reallocate quotas which have been suspended, reduced or cancelled;

(12)  determine any part of the overall quota and of individual quotas which have been suspended or permanently reduced that it may keep in reserve;

(13)  establish the manner and conditions governing the allocation or reallocation of the reserve referred to in paragraph 12, and limit the allocation of quotas from the reserve to one or more classes of producers;

(14)  determine the cases of and the conditions applicable to the transfer of a quota from one producer to another, set aside a part of that quota for the reserve mentioned in paragraph 12, determine the terms, conditions and modalities of such a transfer, and make any such transfer subject to its approval;

(15)  determine the terms and conditions according to which a quota or part of a quota may be leased from a producer to another;

(16)  determine the conditions subject to which an operation may be leased by a producer who wishes to produce all or part of his quota elsewhere than within his own operation, and make such lease subject to the approval of the marketing board;

(17)  suspend any transfer of individual quotas for a specified period or for a period which may be determined according to the standards established by the marketing board;

(18)  divide the territory covered by the plan into zones and restrict or prohibit the transfer of quotas from one zone to another;

(19)  determine the length of time allowed to a new holder of a quota or the holder of a new quota to produce or market the product subject to the quota.

1990, c. 13, s. 93.