GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Farm Products Agencies Act — F-4 (a)
promotion and research plan means a plan respecting the promotion of the marketing or production of any regulated product for the purposes of interprovincial, export or import trade and respecting research activities related to the regulated product that includes provision for all or any of the following: (a) the determination of those persons engaged in the growing, production, processing or importation of the regulated product for interprovincial, export or import trade and the exemption from the plan or any aspect thereof of any class of persons so engaged, (b) the specification of those acts that constitute the marketing of the regulated product and of those persons engaged in its marketing, as so specified, in interprovincial or export trade, and for the exemption from the plan or any aspect thereof of any class of persons so engaged, and (c) the imposition, collection and refunding by the appropriate agency of levies or charges from persons engaged in the growing, production or importation of the regulated product or the marketing thereof and for such purposes classifying those persons into groups and specifying the levies or charges, if any, payable by the members of each group; ( plan de promotion et de recherche )
Farm Products Agencies Act — F-4
promotion-research agency means an agency established pursuant to section 39; ( office de promotion et de recherche )
Farm Products Agencies Act — F-4 (a)
regulated product means (a) for the purpose of Part II, any farm product grown or produced (i) anywhere in Canada, if a marketing agency is authorized to exercise its powers in relation to any such product grown or produced in Canada, or (ii) in any region of Canada designated in the proclamation that authorizes a marketing agency to exercise its powers in relation to any such product grown or produced in that region, or in any such region and anywhere in Canada outside that region for shipment into that region in interprovincial trade and not for export where the proclamation that authorizes the marketing agency to exercise its powers in relation to such product so provides, and (b) for the purpose of Part III, any farm product in relation to which a promotion-research agency is authorized to exercise its powers in interprovincial, export or import trade as specified in the proclamation that authorizes the agency to exercise its powers in relation to such product; ( produit réglementé )
Farm Products Agencies Act — F-4
research includes development. ( recherche )
Farm Products Agencies Act — F-4 3
Council established 3 (1) There is established a council, to be known as the National Farm Products Council, consisting of not less than three and not more than seven members to be appointed by the Governor in Council to hold office during pleasure. Primary producers (1.1) At least fifty per cent of the members of the Council, not taking into account the chairman thereof, shall be primary producers at the time of appointment. Chairman and vice-chairman (2) The Governor in Council shall designate one member of the Council to be the chairman thereof and another member to be the vice-chairman thereof, one of whom shall be a primary producer. Regional representation (3) In making appointments under this section, the Governor in Council shall try to ensure equal representation from the four Western provinces, the two Central provinces and the four Atlantic provinces. Eligibility (4) A person who has reached the age of seventy years is not eligible to be appointed a member of the Council and a member thereof ceases to hold office on reaching the age of seventy years. Temporary substitute members (5) If a member of the Council, other than the chairman, is absent or unable to act, the Governor in Council may appoint a temporary substitute member on such terms and conditions as the Governor in Council prescribes. R.S., 1985, c. F-4, s. 3; 1993, c. 3, s. 5; 2010, c. 12, s. 1731
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Chairman to preside 4 The chairman of the Council shall preside at meetings of the Council but in the event of the absence or incapacity of the chairman, or if the office of chairman is vacant, the vice-chairman of the Council shall act as chairman for the time being. 1970-71-72, c. 65, s. 4
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Salaries and fees 5 (1) A member of the Council who is not employed in the federal public administration shall be paid a salary to be fixed by the Governor in Council. Expenses (2) Each member of the Council is entitled to be paid any travel and living expenses incurred by them in the performance of their duties under this Act that are provided by by-law of the Council made under paragraph 12(c). R.S., 1985, c. F-4, s. 5; 2003, c. 22, s. 224(E); 2015, c. 3, s. 83(E)
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Duties of Council 6 (1) The duties of the Council are (a) to advise the Minister on all matters relating to the establishment and operation of agencies under this Act with a view to maintaining and promoting an efficient and competitive agriculture industry; (b) to review the operations of agencies with a view to ensuring that they carry on their operations in accordance with their objects set out in section 21 or 41, as the case may be; and (c) to work with agencies in promoting more effective marketing of farm products in interprovincial and export trade and, in the case of a promotion-research agency, in promoting such marketing in import trade and in connection with research and promotion activities relating to farm products. Additional duties (2) In carrying out its duties, the Council shall consult, on a continuing basis, with the governments of all provinces having an interest in the establishment or the exercise of the powers of any one or more agencies under this Act or with any body or bodies established by the government of any province to exercise powers similar to those of the Council in relation to intraprovincial trade in farm products. R.S., 1985, c. F-4, s. 6; 1993, c. 3, s. 6
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ropriate agency such information relating to the production or marketing of the farm product by them as it may reasonably require; (i) may, when in its opinion it is necessary to do so for the purpose of determining the advisability of establishing an agency in respect of a farm product or of vesting an agency with power to implement a marketing plan, require persons engaged in the production of a farm product for, or the marketing of a farm product in, interprovincial or export trade to submit to the Council or the appropriate agency such information relating to the production or marketing of the farm product by them as it may reasonably require; (j) may, for the purpose of implementing any promotion and research plan, require persons who are engaged in the production or importation of a farm product for, or the marketing of a farm product in, interprovincial, export or import trade (i) to register with the Council or the appropriate agency, (ii) to maintain books and records in relation to the production, marketing or importation of the farm product by them in such form and containing such information as the Council requires pursuant to this paragraph, and (iii) to submit to the Council or the appropriate agency such information relating to the production, marketing or importation of the farm product by them as it may reasonably require; (k) may, when in its opinion it is necessary to do so for the purpose of determining the advisability of establishing an agency in respect of a farm product or of vesting an agency with power to implement a promotion and research plan, require persons who are engaged in the production or importation of a farm product for, or the marketing of a farm product in, interprovincial, export or import trade to submit to the Council or the appropriate agency such information relating to the production, marketing or importation of the farm product by them as it may reasonably require; and (l) may do all such other things as are incidental or conducive to the fulfilment of its duties. Idem (2) The Council, in reporting to the Minister under subsection (1), shall not recommend the establishment of an agency in respect of one or more farm products or the broadening of the authority of an existing agency by vesting it with powers in relation to one or more farm products unless it is satisfied that (a) in the case of a marketing agency, the majority of the producers of each of those farm products, in Canada or in the region of Canada to which the recommendation relates, is in favour of that action; or (b) in the case of a promotion-research agency, the majority of the aggregate of the producers or, where the import trade in one or more farm products is to be included, the majority of the aggregate of the producers and importers, of all those farm products, in Canada or in the region of Canada to which the recommendation relates, is in favour of that action. R.S., 1985, c. F-4, s. 7; 1993, c. 3, s. 7
Farm Products Agencies Act — F-4 8
Where hearing to be held 8 (1) A public hearing shall be held by the Council (a) in connection with an inquiry into the merits of establishing an agency or of broadening the authority of an existing agency to cover any additional farm product or farm products; (b) where the Council has under review a proposed marketing plan or promotion and research plan; or (c) in connection with any other matter relating to its objects if the Governor in Council or the Minister directs the Council to hold a public hearing in connection with such matter. Where hearing may be held (2) A public hearing may be held by the Council in connection with any matter relating to its objects where the Council is satisfied that such a hearing would be in the public interest. Hearing by two or more members (3) The chairman of the Council may direct that a public hearing under this section be held on behalf of the Council by two or more members thereof designated by the chairman, and the members so designated have for the purpose of the hearing the powers of the Council set out in subsection (5) and shall report to the Council on the hearing. Hearings throughout Canada (4) A public hearing under this section may be held at such place in Canada or at such places in Canada by adjournment from place to place as the Council may designate. Powers in relation to hearings (5) The Council has, in respect of any public hearing under this section, all the powers of a commissioner appointed under Part I of the Inquiries Act . R.S., 1985, c. F-4, s. 8; 1993, c. 3, s. 8
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Public notice 9 The Council shall give notice of any public hearing under section 8 and of the matters to be considered thereat in the Canada Gazette and in one or more newspapers and farm journals in general circulation throughout all of Canada and in particular in those areas of Canada where, in the opinion of the Council, there are persons who are likely to be interested in the matters to be considered thereat. 1970-71-72, c. 65, s. 9
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Rules of procedure 10 The Council may make rules respecting the conduct of public hearings under section 8 and generally respecting the conduct of business of the Council in relation thereto. 1970-71-72, c. 65, s. 10
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Head office 11 The head office of the Council shall be in the National Capital Region described in the schedule to the National Capital Act or at such other place in Canada as may be designated by the Governor in Council. 1970-71-72, c. 65, s. 11
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By-laws 12 The Council may make by-laws (a) respecting the calling of meetings of the Council; (b) respecting the conduct of business at meetings of the Council and the establishment of committees thereof, the delegation of duties to those committees and the fixing of quorums for meetings of the Council and any committee thereof; (c) subject to the approval of the Treasury Board, fixing the travel and living expenses to be paid to the members of the Council; and (d) generally for the conduct and management of the affairs of the Council. 1970-71-72, c. 65, s. 12
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Staff 13 Officers and employees necessary for the proper conduct of the business of the Council shall be appointed in the manner authorized by the Public Service Employment Act . 1970-71-72, c. 65, s. 13; 1980-81-82-83, c. 47, s. 16
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Superannuation 14 Any member of the Council who, under the terms of their appointment, is required to devote the whole of their time to the performance of their duties as a member is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act . R.S., 1985, c. F-4, s. 14; 2003, c. 22, s. 166(E); 2015, c. 3, s. 84(E)
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Report to Parliament 15 The Council shall, within three months after the end of each fiscal year, submit to the Minister a report in such form as the Minister may direct on its activities for that fiscal year and the Minister shall cause the report to be laid before Parliament within fifteen days after the receipt thereof, or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting. 1970-71-72, c. 65, s. 16
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Establishment of agencies 16 (1) The Governor in Council may, by proclamation, establish an agency with powers relating to any farm product or farm products the marketing of which in interprovincial and export trade is not regulated under the Canadian Dairy Commission Act if the Governor in Council is satisfied that a majority of the producers of the farm product or of each of the farm products in Canada is in favour of the establishment of an agency. Plebiscites (2) The Governor in Council, in order to determine whether a majority of producers of a farm product are in favour of establishing an agency, may request that each province carry out a plebiscite of those producers. Agencies to be bodies corporate (3) Every agency established pursuant to this Act is a body corporate. R.S., 1985, c. F-4, s. 16; 1993, c. 3, s. 13(F); 2011, c. 25, s. 35; 2015, c. 3, s. 85
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Appointment 18 (1) The members of an agency shall be appointed by the Governor in Council to hold office during pleasure, or in such other manner including election by producers, and for such term as is provided in the proclamation establishing the agency or in a proclamation issued under subsection 17(2) in respect of the agency. Chairman and vice-chairman (2) The Governor in Council shall designate one member of an agency to be the chairman thereof and another member to be the vice-chairman thereof, or may provide for the manner of such designation in the proclamation establishing the agency. Eligibility (3) A person who has reached the age of seventy years is not eligible to be appointed a member of an agency and a member thereof ceases to hold office on reaching the age of seventy years. Temporary substitute members (4) If a member of an agency, other than the chairman, is absent or unable to act, the Governor in Council may, unless otherwise provided in the proclamation establishing the agency, appoint a temporary substitute member on such conditions as the Governor in Council prescribes. 1970-71-72, c. 65, s. 19; 1980-81-82-83, c. 47, s. 16
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Chairman 19 The chairman of an agency shall preside at meetings of the agency but in the event of the absence or incapacity of the chairman, or if the office of chairman is vacant, the vice-chairman of the agency shall act as chairman for the time being. 1970-71-72, c. 65, s. 20
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Salaries and fees 20 (1) A member of an agency who devotes the whole of their time or a portion of their time on a continuous basis to the performance of their duties as a member shall be paid by the agency a salary to be fixed by the Governor in Council on the recommendation of the Council, and the other members of the agency shall be paid by the agency any fees for attendances at meetings of the agency or any of its committees that are provided by by-law of the agency made under paragraph 25(c). Expenses (2) Each member of an agency or of a consultative or advisory committee of an agency is entitled to be paid by the agency any travel and living expenses incurred by them in the performance of their duties under this Act that are provided by by-law of the agency made under paragraph 25(c). R.S., 1985, c. F-4, s. 20; 2015, c. 3, s. 87(E)
Farm Products Agencies Act — F-4 21
Objects 21 The objects of an agency are (a) to promote a strong, efficient and competitive production and marketing industry for the regulated product or products in relation to which it may exercise its powers; and (b) to have due regard to the interests of producers and consumers of the regulated product or products. 1970-71-72, c. 65, s. 22
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e establishment of greater sales; and (n) do all such other things as are necessary or incidental to the exercise of any of its powers or the carrying out of any of its functions under this Act. Additional powers in intraprovincial trade (2) An agency may perform on behalf of a province any function relating to intraprovincial trade in any regulated product in relation to which it may exercise its powers that is specified in an agreement entered into pursuant to section 31. Delegation of powers (3) An agency may, with the approval of the Governor in Council, grant authority to any body, authorized under the law of a province to exercise powers of regulation in relation to the marketing locally within the province of any regulated product in relation to which the agency may exercise its powers, to perform on behalf of the agency any function relating to interprovincial or export trade in the regulated product that the agency is authorized to perform. R.S., 1985, c. F-4, s. 22; 1993, c. 3, s. 13(F); 2001, c. 4, s. 82; 2004, c. 25, s. 140; 2015, c. 3, s. 88(E)
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Where marketing plan makes allocation 23 (1) A marketing plan, to the extent that it allocates any production or marketing quota to any area of Canada, shall allocate that quota on the basis of the production from that area in relation to the total production of Canada over a period of five years immediately preceding the effective date of the marketing plan. Idem (2) In allocating additional quotas for anticipated growth of market demand, an agency shall consider the principle of comparative advantage of production. 1970-71-72, c. 65, s. 24
Farm Products Agencies Act — F-4 24
Employment of staff 24 An agency may employ such officers and employees as it considers necessary for the proper conduct of its activities. 1970-71-72, c. 65, s. 25
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Agency may make by-laws 25 An agency may make by-laws (a) respecting the calling of meetings of the agency; (b) respecting the conduct of business at meetings of the agency and the establishment of committees thereof, the delegation of duties to those committees and the fixing of quorums for meetings of the agency and any committee thereof; (c) subject to the approval of the Council, fixing the fees to be paid to members of the agency other than any members who are paid salaries, for attendances at meetings of the agency or any committee thereof, and the travel and living expenses to be paid to the members of the agency and the members of any consultative or advisory committee of the agency; (d) subject to the approval of the Council, respecting the establishment, management and administration of a pension fund for the members, officers and employees of the agency and their dependants, the contributions thereto to be made by the agency and the investment of the pension fund moneys thereof; (e) respecting the duties and conduct of the members of the agency; (f) prescribing the duties of officers and employees of the agency and the terms and conditions of their employment including the remuneration to be paid to them by the agency; (g) for the establishment of consultative or advisory committees consisting of members of the agency or persons other than members or both; and (h) generally for the conduct and management of the affairs of the agency. 1970-71-72, c. 65, s. 26
Farm Products Agencies Act — F-4 26
Not agent of Her Majesty 26 An agency is not an agent of Her Majesty, and the chairman and the other members of an agency and the officers and employees thereof are not part of the federal public administration. R.S., 1985, c. F-4, s. 26; 2003, c. 22, s. 224(E)
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Conduct of financial operations 27 Subject to subsection 28(1), an agency shall conduct its operations on a self-sustaining financial basis without appropriations therefor by Parliament. 1970-71-72, c. 65, s. 28
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Payment by Minister of Finance 28 (1) The Minister of Finance may, out of the Consolidated Revenue Fund, on the requisition of the Minister, make grants to an agency not exceeding in the aggregate one hundred thousand dollars to enable the agency to meet initial operating and establishment expenses. Limitation (2) The aggregate amount of grants made under subsection (1) shall not exceed one million dollars. 1970-71-72, c. 65, s. 29
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Audit 29 The accounts and financial transactions of each agency shall be audited annually by an auditor appointed by the Governor in Council and a report of each audit shall be made to the appropriate agency, the Council and the Minister. 1970-71-72, c. 65, s. 30
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Report to Parliament 30 An agency shall, within three months after the end of each fiscal year, submit to the Council and the Minister a report in such form as the Minister may direct on its activities for that fiscal year and the Minister shall cause the report to be laid before Parliament within fifteen days after the receipt thereof, or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting. 1970-71-72, c. 65, s. 31
Farm Products Agencies Act — F-4 31
Federal-provincial agreements 31 With the approval of the Governor in Council, the Minister may, on behalf of the Government of Canada, enter into an agreement with any province providing for the performance by an agency on behalf of the province of functions relating to intraprovincial trade in a regulated product or products in relation to which the agency may exercise its powers and for such other matters relating thereto as may be agreed on by the Minister and the government of the province. 1970-71-72, c. 65, s. 32
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Competition Act not to apply 32 Nothing in the Competition Act applies to any contract, agreement or other arrangement between an agency and any person or persons engaged in the production or marketing of a regulated product where the agency has authority under this or any other Act, under a proclamation issued under this Act or under an agreement entered into pursuant to section 31 of this Act to enter into such an arrangement. R.S., 1985, c. F-4, s. 32; R.S., 1985, c. 19 (2nd Supp.), s. 50
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Inspectors 33 The Minister, on the recommendation of an agency, may designate any qualified person as an inspector for the purposes of this Act. 1970-71-72, c. 65, s. 34