GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Agricultural Marketing Programs Act — A-3.7 29
Production and delivery of product 29 (1) The agricultural product must be (a) produced by the producer who received the initial payment during the period specified under paragraph 28(4)(d); and (b) delivered during that period to the marketing agency under a single cooperative plan. Discontinuing delivery (2) During the period specified under paragraph 28(4)(d), the Minister may give notice to the marketing agency that the price guarantee agreement will not apply to any quantity of the agricultural product delivered after the date specified in the notice.
Agricultural Marketing Programs Act — A-3.7 30
Payment of liabilities under agreement 30 The Minister of Finance may, with the approval of the Governor in Council, pay out of the Consolidated Revenue Fund any amount that the Minister of Agriculture and Agri-Food becomes liable to pay under a price guarantee agreement.
Agricultural Marketing Programs Act — A-3.7 31
Powers of Minister 31 (1) The Minister may, with the authorization of the Governor in Council, (a) sell or deliver agricultural products to a government or government agency of any country under an agreement made by Her Majesty with the government or government agency, and for that purpose may purchase agricultural products and make any arrangements for their purchase, sale or delivery that the Minister considers necessary or desirable; (b) purchase, or negotiate contracts for the purchase of, agricultural products on behalf of a government or government agency of any country; (c) buy, sell or import agricultural products; (d) require any person on reasonable notice to give, at a specified time, any information about agricultural products that may be necessary for the administration of this Part; and (e) store, transport or process agricultural products, or make contracts for their storage, transportation or processing. Limitation (2) Except with the approval of the Governor in Council, the Minister may not sell an agricultural product under paragraph (1)(a) or (c) at a price lower than the purchase price plus handling, storage and transportation costs.
Agricultural Marketing Programs Act — A-3.7 32
Cost recovery regulations 32 For the purpose of recovering costs incurred by the Minister under this Act, the Minister may make regulations for charging fees related to making advance guarantee agreements and price guarantee agreements and fees for any other services provided by the Minister under this Act.
Agricultural Marketing Programs Act — A-3.7 33.1
Crown debts assignable 33.1 The following may be assigned in whole or in part: (a) for the purposes of Part I, an amount payable under a program listed in the schedule that is a Crown debt within the meaning of section 66 of the Financial Administration Act ; and (b) for the purposes of Part II, an amount payable by the Minister under a price guarantee agreement. 2006, c. 3, s. 14
Agricultural Marketing Programs Act — A-3.7 34
Information relating to advance guarantees 34 (1) An administrator commits an offence if, for the purpose of obtaining a guarantee from the Minister under Part I or evading compliance with any obligation relating to the guarantee, the administrator (a) gives false or misleading information to the Minister; or (b) fails to disclose any relevant information to the Minister. Information relating to guaranteed advances (2) A person commits an offence if, for the purpose of obtaining a guaranteed advance under Part I, or evading, or helping someone evade, compliance with an undertaking to repay it, the person (a) gives false or misleading information to an administrator or to the Minister; or (b) fails to disclose any relevant information to an administrator or to the Minister. (3) and (4) [Repealed, 2015, c. 2, s. 137] 1997, c. 20, s. 34; 2006, c. 3, s. 15; 2015, c. 2, s. 137
Agricultural Marketing Programs Act — A-3.7 35
Information relating to price guarantee agreements 35 (1) A marketing agency commits an offence if, for the purpose of negotiating a price guarantee agreement, or obtaining a payment or evading compliance with any obligation under the agreement, the marketing agency (a) gives false or misleading information to the Minister; or (b) fails to disclose any relevant information to the Minister. Information relating to payments (2) A person commits an offence if, for the purpose of obtaining a payment under Part II, the person (a) gives false or misleading information to a marketing agency or to the Minister; or (b) fails to disclose any relevant information to a marketing agency or to the Minister.
Agricultural Marketing Programs Act — A-3.7 36
Non-compliance with information requirements 36 (1) A person who does not comply with a requirement to provide information under paragraph 31(1)(d) commits an offence. Evidence of requirements (2) In a prosecution under subsection (1), evidence of a requirement may be given by the production of a copy of the requirement appearing to be certified as a copy by the Minister or another official of the Department of Agriculture and Agri-Food.
Agricultural Marketing Programs Act — A-3.7 37
Punishment 37 A producer, administrator, marketing agency or other person who commits an offence under this Act is (a) if the offence is committed wilfully, liable on proceedings by way of indictment to a fine of not more than $500,000, to imprisonment for a term of not more than five years, or to both; and (b) in any other case, liable on summary conviction to a fine of not more that $10,000, to imprisonment for a term of not more than six months, or to both.
Agricultural Marketing Programs Act — A-3.7 38
Prosecution of partnership 38 (1) A prosecution under this Act against a partnership may be brought in the name of the partnership and, for the purpose of the prosecution, the partnership is deemed to be a person. Anything done or omitted by a partner or agent of the partnership within the scope of their authority to act on behalf of the partnership is deemed to have been done or omitted by the partnership. Officers, etc., of corporations or partnerships (2) If a corporation or partnership commits an offence under this Act, whether or not it has been prosecuted or convicted, any officer, director, partner or agent of the corporation or partnership who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable to the punishment provided for the offence.
Agricultural Marketing Programs Act — A-3.7 39
Limitation period 39 A prosecution under this Act may be instituted no later than five years after the act or omission giving rise to the prosecution occurred.
Agricultural Marketing Programs Act — A-3.7 40
that must be met before a request for payment referred to in subsection 23(1) is made by a lender; (h) for determining for the purposes of subsection 28(3) what is a significant portion of producers or agricultural product; (h.1) respecting the assignment of the amounts referred to in paragraphs 33.1(a) and (b); (h.2) prescribing anything that is to be prescribed under this Act; and (i) generally, for carrying out the purposes and provisions of this Act. Recommendation (2) Regulations made under paragraph (1)(c) or (e) may be made only on the Minister’s recommendation with the concurrence of the Minister of Finance. Different requirements for security (3) Regulations made under paragraph (1)(f.2) may require different security to be taken with respect to different classes of agricultural products, different amounts of producer liability and different risks associated with that liability. 1997, c. 20, s. 40; 1999, c. 26, s. 47; 2006, c. 3, s. 16; 2008, c. 7, s. 7; 2015, c. 2, s. 138
Agricultural Marketing Programs Act — A-3.7 41
Annual report 41 At the end of each fiscal year, the Minister must prepare a report on the administration of this Act, including the agreements made under it, and must have the report laid before each House of Parliament on any of the first 15 days on which it is sitting after the report is completed.
Agricultural Marketing Programs Act — A-3.7 42
Five-year review 42 (1) Every five years after the coming into force of this subsection, the Minister must review the provisions and operation of this Act in consultation with the Minister of Finance. Emergency advances (1.1) The Ministers’ review of the provisions of this Act relating to emergency advances under paragraph 7(1)(b) and their application must specifically address whether those provisions are necessary and to what extent they should be retained or modified. Tabling of report (2) The Minister must have a report on the review laid before each House of Parliament on any of the first 30 days on which it is sitting after the report is completed. 1997, c. 20, s. 42; 2006, c. 3, s. 17; 2008, c. 7, s. 8; 2015, c. 2, s. 139
Agricultural Marketing Programs Act — A-3.7 46
46 [Repealed before coming into force, 2011, c. 25, s. 20]
Agricultural Marketing Programs Act — A-3.7 47
Definition of Board 47 In sections 48 and 49, Board means the Agricultural Products Board, established under subsection 3(1) of the Agricultural Products Board Act .
Agricultural Marketing Programs Act — A-3.7 48
Rights and obligations transferred 48 (1) All rights and property held by or in the name of or in trust for the Board and all obligations and liabilities of the Board are deemed to be rights, property, obligations and liabilities of Her Majesty. References (2) Every reference to the Board in any deed, contract or other document executed by the Board in its own name is to be read as a reference to Her Majesty, unless the context requires otherwise. Closing out affairs (3) The Minister may do anything necessary for or incidental to closing out the affairs of the Board.
Agricultural Marketing Programs Act — A-3.7 49
Legal proceedings against Her Majesty 49 (1) Any action, suit or other legal proceeding in respect of any obligation or liability incurred by the Board, or by the Minister in closing out the affairs of the Board, may be brought against Her Majesty in any court that would have had jurisdiction if the action, suit or proceeding had been brought against the Board. Legal proceedings by Her Majesty (2) Any action, suit or other legal proceeding in respect of any right of the Board, or any right acquired by the Minister in closing out the affairs of the Board, may be brought by Her Majesty in any court that would have had jurisdiction if the action, suit or proceeding had been brought by the Board. Continuation of legal proceedings * (3) Any action, suit or other legal proceeding to which the Board is party pending in any court on the coming into force of this section may be continued by or against Her Majesty in the like manner and to the same extent as it could have been continued by or against the Board. * [Note: Section 49 in force January 1, 1997, see subsection 56(1).]
Agricultural Marketing Programs Act — A-3.7 50
No agreements after December 31, 1996 50 No agreements may be made under section 3 of the Agricultural Products Cooperative Marketing Act after December 31, 1996.
Agricultural Marketing Programs Act — A-3.7 51
No guarantees of advances after March 31, 1997 51 The Minister may not guarantee under section 4 of the Advance Payments for Crops Act any advances made after March 31, 1997 or any interest attributable to those advances.
Agricultural Marketing Programs Act — A-3.7 51.1
Defaults 51.1 For the purpose of applying paragraph 10(1)(e), a default under a repayment agreement includes a default in repaying an advance made under the Advance Payments for Crops Act on or before March 31, 1997. 1997, c. 20, s. 51.1; 2006, c. 3, s. 18
Agricultural Marketing Programs Act — A-3.7 52.1
Defaults 52.1 For the purpose of applying paragraph 10(1)(e), a default under a repayment agreement includes a default in repaying an advance payment made under the Prairie Grain Advance Payments Act on or before May 31, 1997. 1997, c. 20, s. 52.1; 2006, c. 3, s. 19
Agricultural Marketing Programs Act — A-3.7 56
Coming into force — general 56 (1) This Act, except sections 44 to 46, comes into force on January 1, 1997. Coming into force — sections 44 to 46 * (2) Sections 44 to 46 come into force on a day or days to be fixed by order of the Governor in Council. * [Note: Section 44 in force May 15, 2014, see SI/2014-47; section 45 in force May 15, 2014, see SI/2014-48.]
Agricultural Marketing Programs Act — A-3.7 48
48 Sections 42 to 47 apply to crop years beginning on or after April 1, 1998.
Agricultural Marketing Programs Act — A-3.7 21
Transitional 21 (1) The following definitions apply in this section. new Act means the Agricultural Marketing Programs Act as it reads on the day on which this Act comes into force. ( nouvelle loi ) old Act means the Agricultural Marketing Programs Act as it read immediately before the day on which this Act comes into force. ( ancienne loi ) Old Act continues to apply (2) The old Act continues to apply after the day this Act comes into force with respect to advance guarantee agreements and repayment agreements entered into under the old Act that are still in existence on the day on which this Act comes into force. Unpaid amounts — old Act (3) Amounts remaining unpaid in respect of advances made under advance guarantee agreements entered into under the old Act that are still in existence on the day on which this Act comes into force are to be taken into account for the purposes of applying the new Act. Unpaid amounts — spring credit advances (4) Amounts remaining unpaid in respect of advances made under agreements entered into under the Spring Credit Advance Program or the Enhanced Spring Credit Advance Program that are still in existence on the day on which this Act comes into force are to be taken into account for the purposes of applying the new Act. Default — spring credit advances (5) A default under a repayment agreement entered into under the Spring Credit Advance Program or the Enhanced Spring Credit Advance Program is deemed to be a default under a repayment agreement entered into under the new Act. Retroactive effect of regulations (6) For the purpose of implementing the amendments to the Agricultural Marketing Programs Act enacted by this Act, a regulation made under the new Act, shall, if the regulation so provides, be retroactive and be deemed to have come into force on a day earlier than the day on which the regulation was made, which earlier day may not be before the day on which this Act comes into force.
Agricultural Marketing Programs Act — A-3.7
new Act means the Agricultural Marketing Programs Act as it reads on the day on which this Act comes into force. ( nouvelle loi )
Agricultural Marketing Programs Act — A-3.7
old Act means the Agricultural Marketing Programs Act as it read immediately before the day on which this Act comes into force. ( ancienne loi )
Agricultural Marketing Programs Act — A-3.7 9
Transitional provision 9 (1) The Agricultural Marketing Programs Act , as it read immediately before the day on which this Act comes into force, continues to apply as of that day to any agreement entered into under Part I of that Act that is still in existence on the day on which this Act comes into force. Exception (2) However, the Agricultural Marketing Programs Act , as amended by this Act, applies to an agreement referred to in subsection (1) as of the day on which the parties amend the agreement to specify that that Act will apply and to bring the agreement into conformity with that Act.
Agricultural Marketing Programs Act — A-3.7 153
Definitions 153 (1) The following definitions apply in this section. new Act means the Agricultural Marketing Programs Act as it reads on the day on which this section comes into force. ( nouvelle loi ) old Act means the Agricultural Marketing Programs Act as it read immediately before the day on which this section comes into force. ( ancienne loi ) Old Act continues to apply (2) The old Act continues to apply on and after the day on which this section comes into force with respect to advance guarantee agreements and repayment agreements entered into under the old Act that are still in existence on that day. Unpaid amounts — old Act (3) Amounts remaining unpaid in respect of advances made under advance guarantee agreements entered into under the old Act that are still in existence on the day on which this section comes into force are to be taken into account for the purposes of applying the new Act. Unpaid amounts — spring credit advances (4) Amounts remaining unpaid in respect of advances made under agreements entered into under the Spring Credit Advance Program or the Enhanced Spring Credit Advance Program that are still in existence on the day on which this section comes into force are to be taken into account for the purposes of applying the new Act. Default — spring credit advances (5) A default under a repayment agreement entered into under the Spring Credit Advance Program or the Enhanced Spring Credit Advance Program is deemed to be a default under a repayment agreement entered into under the new Act.
Agricultural Marketing Programs Act — A-3.7
new Act means the Agricultural Marketing Programs Act as it reads on the day on which this section comes into force. ( nouvelle loi )
Agricultural Marketing Programs Act — A-3.7
old Act means the Agricultural Marketing Programs Act as it read immediately before the day on which this section comes into force. ( ancienne loi )
Agricultural and Rural Development Act (ARDA) — A-3 1
Short title 1 This Act may be cited as the Agricultural and Rural Development Act ( ARDA ). R.S., c. A-4, s. 1
Agricultural and Rural Development Act (ARDA) — A-3 2
Definition of "Minister" 2 In this Act, Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act. R.S., c. A-4, s. 2
Agricultural and Rural Development Act (ARDA) — A-3 3
Joint projects 3 The Minister may, with the approval of the Governor in Council, enter into an agreement with any province providing for the undertaking jointly with the government of the province, or any agency of such a government, of (a) projects for the more efficient use and economic development of rural lands specified in the agreement; (b) projects for (i) the development and conservation of water supplies for agricultural or other rural purposes, and (ii) soil improvement and the conservation of rural lands in the province or in any area of the province specified in the agreement; or (c) projects for the development of income and employment opportunities in rural areas specified in the agreement and the improvement of standards of living in those areas. R.S., c. A-4, ss. 3, 4, 5
Agricultural and Rural Development Act (ARDA) — A-3 4
Provincial projects 4 The Minister may, with the approval of the Governor in Council, enter into an agreement with any province providing for the payment to the province of contributions in respect of the cost of any projects referred to in section 3 undertaken by the government of the province or any agency of that government. R.S., c. A-4, ss. 3, 4, 5
Agricultural and Rural Development Act (ARDA) — A-3 5
Provisions to be included 5 Every agreement entered into pursuant to this Act shall specify (a) the authority that is to be responsible for the undertaking, operation and maintenance of any project or any part thereof to which the agreement relates; (b) the respective proportions of the cost of any project to which the agreement relates that are to be paid by the Minister and the province, or the contribution in respect of any such project that is to be paid by the Minister, and the times at which the amounts to be paid by the Minister or the province are to be paid; (c) the respective proportions of the revenues from any project to which the agreement relates that are to be paid to the Minister and the province; (d) the terms and conditions respecting the undertaking, operation and maintenance of any project to which the agreement relates; and (e) the charges, if any, that are to be charged to persons to whom any of the benefits of the project to which the agreement relates are made available. R.S., c. A-4, s. 6
Agricultural and Rural Development Act (ARDA) — A-3 6
Validity of agreements 6 No agreement entered into pursuant to this Act and providing for the payment of any money by the Minister shall have any force or effect until such time as money has been appropriated by Parliament for the purpose of discharging any commitment under that agreement. R.S., c. A-4, s. 8
Agricultural and Rural Development Act (ARDA) — A-3 7
Rural land use and water supplies 7 (1) The Minister may cause to be prepared and undertaken, directly or in cooperation with the government of any province or any agency of such a government, programs of research and investigation for (a) the more effective use and economic development of rural lands in the province; and (b) the development and conservation of water supplies and for soil improvement and conservation in the province. Rural income and employment (2) For the purpose of assisting the development of income and employment opportunities in rural areas in Canada and the improvement of standards of living in those areas, the Minister may cause to be prepared and undertaken, with the government of any province or any agency of such a government or with any university, educational institution or person, programs of research and investigation, and may coordinate those programs with other similar programs being undertaken in Canada. R.S., c. A-4, ss. 3, 4, 5
Agricultural and Rural Development Act (ARDA) — A-3 8
Income and employment projects and research 8 The Minister shall, in carrying out any project referred to in paragraph 3(c) or research program referred to in subsection 7(2), make use, wherever possible, of the services and facilities of other departments and agencies of the Government of Canada. R.S., c. A-4, s. 4
Agricultural and Rural Development Act (ARDA) — A-3 9
Establishment of committees 9 (1) The Minister may, in order to carry out the purposes and provisions of this Act, establish such advisory committees as the Minister deems necessary and appoint the members of those committees. Remuneration and expenses of members (2) Each member of a committee established under subsection (1) shall be paid such amount for each day the member attends any meeting of the committee as may be fixed by the Governor in Council and reasonable travel and living expenses while absent from his ordinary place of residence in the course of his duties. R.S., c. A-4, s. 7
Agricultural and Rural Development Act (ARDA) — A-3 10
Regulations 10 The Governor in Council may, by regulation, make provision for any matters concerning which he deems regulations necessary or desirable to carry out the purposes and provisions of this Act. R.S., c. A-4, s. 9
Agricultural and Rural Development Act (ARDA) — A-3 11
Report to Parliament 11 The Minister shall, as soon as possible after the termination of each fiscal year, submit a report to Parliament respecting the operations for that year of the agreements made under this Act. R.S., c. A-4, s. 10
Agricultural Products Marketing Act — A-6 Preamble
Preamble WHEREAS it is desirable to improve the methods and practices of marketing agricultural products of Canada;
Agricultural Products Marketing Act — A-6
AND WHEREAS the legislatures of several of the provinces have enacted legislation respecting the marketing of agricultural products locally within the province;
Agricultural Products Marketing Act — A-6
AND WHEREAS it is desirable to cooperate with the provinces and to enact a measure respecting the marketing of agricultural products in interprovincial and export trade;
Agricultural Products Marketing Act — A-6
AND WHEREAS it is desirable to facilitate such marketing by authorizing the imposition of levies or charges for the equalization or adjustment among producers of the moneys realized from the marketing of the products.
Agricultural Products Marketing Act — A-6
THEREFORE Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: