Hyperlawhypertext legal database Prince Edward Island Potato Marketing Levies Order current to 2019-06-21

SOR-2016-49 Prince Edward Island Potato Marketing Levies Order

Current to 2019-06-21 · last amended 2017-11-10

Contents
Provision

The Prince Edward Island Potato Board, pursuant to section 4 a of the Prince Edward Island Potato Order b, makes the annexed Prince Edward Island Potato Marketing Levies Order. SOR/80-90 C.R.C., c. 233

Provision

Charlottetown, March 15, 2016

s. 1 — Definitions

The following definitions apply in this Order.

s. 1, definition “dealer”

dealer means a person who, on that person’s own behalf or as an agent or mandatary for or on behalf of any other person, is engaged in the marketing of potatoes

s. 1, definition “dealer”, para (a)

in Canada, except in Prince Edward Island;

s. 1, definition “dealer”, para (b)

in the United States; or

s. 1, definition “dealer”, para (c)

in Puerto Rico. (détaillant)

s. 1, definition “exporter”

exporter means a person who, on that person’s own behalf or as an agent or mandatary for or on behalf of any other person, is engaged in the marketing of potatoes outside of Canada, the United States and Puerto Rico. (exportateur)

s. 1, definition “marketing”

marketing, in respect of potatoes, includes buying, selling, promoting, offering for sale, shipping for sale or storage, packing, grading, storing, processing and researching as well as the production and transportation of potatoes in any manner by any person. (commercialisation)

s. 1, definition “person”

person[Repealed, SOR/2017-238, s. 1]

s. 1, definition “processing”

processing means canning, dehydrating, chipping, drying or freezing potatoes, peeling or processing potatoes with any chemical or by heat or combining or mixing potatoes with one or more other vegetables. (transformation)

s. 1, definition “processor”

processor means a person who, on that person’s own behalf or as an agent or mandatary for or on behalf of any other person, purchases or ships potatoes for processing outside of Prince Edward Island. (transformateur)

s. 2 — Levies — processor
s. 2(1)

Every processor in Prince Edward Island must pay to the Commodity Board levies at the rate of $0.09 per 100 lb. on all potatoes that they have purchased or shipped for processing outside of that province.

s. 2(2) — Levies — dealer and exporter

Every dealer and exporter in Prince Edward Island must pay to the Commodity Board levies at the rate of $0.13 per 100 lb. on all potatoes that are sold or shipped in interprovincial or export trade by that dealer or exporter, except on potatoes that are referred to in subsection (1).

s. 3 — Remittance of levies — processor
s. 3(1)

Every processor referred to in subsection 2(1) must, on or before the 15th day of each month,

s. 3(1)(a)

remit to the Commodity Board the levies imposed on that processor under that subsection; and

s. 3(1)(b)

render to the Commodity Board a statement relating to all potatoes that are purchased or shipped by that processor during the previous month that includes the name and address of the grower and the quantity purchased or shipped.

s. 3(2) — Remittance of levies — dealer and exporter

Every dealer and exporter referred to in subsection 2(2) must, on or before the 15th day of each month,

s. 3(2)(a)

remit to the Commodity Board the levies imposed on that dealer or exporter under that subsection; and

s. 3(2)(b)

render to the Commodity Board a statement relating to all potatoes that are sold or shipped by that dealer or exporter during the previous month that includes the quantity sold or shipped, variety and type of pack of the potatoes.

Repeal

s. 4

[Repeal]

Coming into Force

s. 5 — Registration

This Order comes into force on the day on which it is registered.