C-1814160Elizabeth II2011An Act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain ActsMarketing Freedom for Grain Farmers ActCanadian Wheat Board20196
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201112
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M-1.525201190627Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short TitleShort titleThis Act may be cited as the Marketing Freedom for Grain Farmers Act.Operations of the Canadian Wheat Board During Preliminary PeriodAmendments to the Canadian Wheat Board Act[Amendment][Amendments][Amendment][Amendment][Amendment][Amendment][Amendment][Amendment][Amendment][Amendment][Amendments]Transitional Provisions[Transitional Provision][Transitional Provision]Voluntary PoolingEnactment of Canadian Wheat Board (Interim Operations) ActEnactmentThe Canadian Wheat Board (Interim Operations) Act is enacted as follows:[See Canadian Wheat Board (Interim Operations) Act]Consequential and Related AmendmentsAdvance Payments for Crops Act[Amendment]Agricultural Marketing Programs Act[Amendments][Amendment][Amendment][Amendment][Amendment][Amendment]Agricultural Products Cooperative Marketing Act[Amendment]An Act to amend the Canada Grain Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to repeal the Grain Futures Act[Amendment]Canada Grain Act[Amendments][Amendments][Amendments][Amendment][Amendment][Amendment][Amendment][Amendment][Amendments][Amendment][Amendment]Farm Products Agencies Act[Amendment]Livestock Feed Assistance Act[Amendment]Prairie Grain Advance Payments Act[Repeal]Seeds Act[Amendment]Repeal[Repeal]Coming into ForceOrder in councilThis Part comes into force on a day to be fixed by order of the Governor in Council.[Note: Part 2 in force August 1, 2012, see SI/2011-120.]Commercialization of the Canadian Wheat BoardContinuanceDefinitionsThe following definitions apply in this Part and in Parts 4 and 5.board means the board of directors of the Corporation as defined in subection 2(1) of the Canadian Wheat Board (Interim Operations) Act. (conseil)Corporation means the Canadian Wheat Board continued by subsection 4(1) of the Canadian Wheat Board (Interim Operations) Act. (Commission)Minister means the Minister of Agriculture and Agri-Food. (ministre)Words and expressionsUnless it is otherwise provided, words and expressions used in this Part or in Part 4 or 5 have the same meaning as in the Canadian Wheat Board (Interim Operations) Act.Submission to MinisterThe Corporation must submit an application for continuance under one of the following Acts for the Minister’s approval:the Canada Business Corporations Act;the Canada Cooperatives Act; orthe Canada Not-for-profit Corporations Act.DeadlineThe application must be submitted to the Minister within four years, or any shorter period specified by the Minister, after the day on which this Part comes into force.Submission to applicable authoritiesOnce the application has been approved by the Minister, the Corporation must submit the application to the applicable authorities under the relevant Act.Application not invalidThe application is not invalid solely because the Corporation is incorporated by an Act of Parliament.RestrictionThe Corporation is not entitled to apply for continuance in another jurisdiction.Coming into ForceSimultaneous coming into forceThis Part comes into force on the day on which Part 2 comes into force.[Note: Part 3 in force August 1, 2012, see SI/2011-120.]Ceasing to Have EffectCeasing to have effectThis Part ceases to have effect on the day on which Part 4 applies.Dissolution of the Canadian Wheat BoardApplicationApplication of PartThis Part applies only if the Corporation is not continued under Part 3 within five years, or any shorter period specified by the Governor in Council, after the day on which that Part comes into force.Final Pool PeriodFinal pool periodThe Minister must, by order, in respect of each grain, designate one or more pool periods set by the Corporation under section 27 of the Canadian Wheat Board (Interim Operations) Act as a final pool period for the purposes of winding up the Corporation.Final paymentThe Corporation must make all payments due under subsection 29(3) of the Canadian Wheat Board (Interim Operations) Act in respect of the final pool period before winding up the Corporation under section 48.Exercising powersAfter the end of the final pool period, the Corporation may exercise its powers under the Canadian Wheat Board (Interim Operations) Act only for the purpose of administering that pool period and winding up the Corporation.Distribution of AssetsDistribution of propertyThe property of the Corporation is to be applied in satisfaction of its debts and liabilities, and the charges, costs and expenses incurred in winding-up its affairs.ClarificationFor greater certainty, the contingency fund established under subsection 18(1) of the Canadian Wheat Board (Interim Operations) Act forms part of the property of the Corporation.Deadline for claimsThe Minister may fix a date by which all claims against the Corporation are to be submitted to the Corporation and must publish a notice of that date in the Canada Gazette at least 60 days before that date.Failure to submitAny claim against the Corporation that is not submitted in accordance with subsection (1) is void.Winding-up expensesAll charges, costs and expenses properly incurred in the winding-up of the Corporation, including the remuneration of any liquidator appointed under section 52, are payable out of the assets of the Corporation, in priority to all other claims.SurplusAny surplus that remains after the satisfaction of the debts and liabilities of the Corporation and the winding-up charges, costs and expenses belongs to Her Majesty in right of Canada.Unsatisfied debts and liabilitiesAny debts and liabilities of the Corporation that remain unsatisfied on the day on which the Corporation is dissolved become the debts and liabilities of Her Majesty in right of Canada.Appointment of LiquidatorAppointmentIf the Minister considers it necessary to fully carry out the purpose of this Part, the Minister may appoint a liquidator, who is to hold office during pleasure, to administer the final pool period and wind up the Corporation.Powers, duties and functionsOn appointment of a liquidator,the president, chairperson and other directors cease to hold their respective offices and the liquidator may exercise all of the powers and perform all the duties and functions of the Corporation; andthe by-laws made under section 9 of the Canadian Wheat Board (Interim Operations) Act are deemed to be revoked.Refusal to honourThe liquidator may refuse to honour any gratuitous contract, or conveyance or contract without consideration or with a merely nominal consideration, respecting either real or personal property or immovables or movables, made by the Corporation before the appointment of the liquidator.Dissolution DateDissolutionThe Corporation is dissolved on a day fixed by order of the Governor in Council.Repeal of the Canadian Wheat Board (Interim Operations) ActApplicationApplication of PartThis Part applies when the Corporation is continued under Part 3 or dissolved under Part 4.Transitional ProvisionLibrary and Archives of Canada ActDespite sections 58 and 63, the Library and Archives of Canada Act continues to apply to the Corporation but only in respect of government records, as defined in that Act, that were under the control of the Corporation on the day before the day on which this Part applies.Consequential AmendmentsAccess to Information Act[Amendment]Canada Grain Act[Amendment]Canada Transportation Act[Amendment]Federal-Provincial Fiscal Arrangements Act[Amendment]Payments in Lieu of Taxes Act[Amendment]Privacy Act[Amendment]Repeal[Repeal]