Agricultural Marketing Programs Act — A-3.7 5
ntained so as to remain of marketable quality until disposed of in accordance with the repayment agreement; (f) to repay the money it borrows from the lender, together with the interest, by paying to the lender, within the period specified in the advance guarantee agreement, the amounts the administrator receives as repayment of advances; (g) [Repealed, 2015, c. 2, s. 124] (h) to pay to the Minister any additional interest resulting from its failure to make payments required by paragraph (f); (h.1) after the administrator receives the payment of interest referred to in subparagraph 10(2)(a)(v), to pay to the Minister, within the period specified in the advance guarantee agreement, any interest paid by the Minister under subsection 9(1) on the amount of an advance that is repaid by a producer to the administrator without proof that the agricultural product has been sold; (i) to pay to the Minister, within the period specified in the advance guarantee agreement, the amount repaid to the administrator under a repayment agreement by a defaulting producer if the Minister has previously made a payment for the producer under subsection 23(1) or (1.1); and (j) to assign, on the Minister’s request and within any period that the Minister specifies, its rights and obligations under the advance guarantee agreement to any entity that the Minister specifies, if the administrator has not met all of its obligations under the agreement and the Minister has sent a notice to the administrator stating that the administrator has had, in the Minister’s opinion, adequate opportunity to meet the obligations, and requesting the administrator to meet them. Specific terms and conditions (3.01) An advance guarantee agreement may include any of the following terms and conditions governing advances and their repayment: (a) the administrator must agree to make advances to producers solely in the areas specified in the agreement; (b) the administrator must agree to make advances to producers solely in relation to the agricultural product specified in the agreement; (c) the producer must agree to inform the administrator of the producer’s participation in any program listed in the schedule; and (d) the producer must agree to assign, if in default, any amounts payable to the producer under a program listed in the schedule to (i) the administrator, to the extent of the producer’s liability under section 22, and (ii) the Minister, to the extent of the producer’s liability under section 23. Designation by Minister (3.02) The Minister may designate, in the advance guarantee agreement with the administrator, agricultural products or classes of agricultural products with respect to which an amount of an advance may be repaid, without proof that the agricultural product has been sold, before the expiry of the production period for which the advance was made. Exception (3.1) The terms described in paragraphs (3)(c) and (f) — and in paragraph (3)(h) in relation to payments required by paragraph (3)(f) — are not required if the Minister and an administrator are the only parties to the agreement. Schedule (3.2) The Governor in Council may, by regulation, on the recommendation of the Minister, amend the schedule by adding to it, or deleting from it, the name of a program. Restriction (3.3) An amendment to an advance guarantee agreement may not be made during the period specified in it that constitutes the production period if doing so would extend that period beyond 18 months, or the longer period fixed by the Minister, if one was so fixed before the advance guarantee agreement was entered into. Recovery of costs (4) The administrator may, subject to any terms and conditions of the advance guarantee agreement, charge fees to producers for the purpose of recovering any costs under this Part, including costs related to the recovery of outstanding amounts from producers who are in default under a repayment agreement and costs of receiving and dealing with applications for ad