Agricultural Marketing Programs Act (S.C. 1997, c. 20)

Act current to 2015-05-11 and last amended on 2015-02-27. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 2015, c. 2, s. 120(2)

    • 2006, c. 3, s. 1(3)
      • 120. (2) Paragraph (b) of the definition “producer” in subsection 2(1) of the Act is replaced by the following:

        • (b) a corporation that is controlled by one or more of the persons or entities referred to in paragraphs (a), (c) and (d);

  • — 2015, c. 2, s. 120(5)

    • 2006, c. 3, s. 1(3)
      • 120. (5) Section 2 of the Act is amended by adding the following after subsection (1):

        • Interpretation

          (2) For the purpose of paragraph (b) of the definition “producer” in subsection (1), a corporation is controlled by a person or entity if the corporation is controlled in any manner that results in control in fact, whether directly through the ownership of voting shares or indirectly through a trustee or other person who administers the property of another, a legal representative, an agent or mandatary or other intermediary acting as nominee or otherwise, a trust, a contract, the ownership of a corporation or otherwise.

  • — 2015, c. 2, s. 124(1)

    • 2006, c. 3, s. 3(3)
      • 124. (1) The portion of paragraph 5(3)(e) of the Act before subparagraph (iii) is replaced by the following:

        • (e) to take steps, in accordance with the advance guarantee agreement, to ensure that, before an advance is made

          • (i) in the case of an agricultural product that is storable,

            • (A) it is of marketable quality and stored so as to remain of marketable quality until disposed of in accordance with the repayment agreement, or

            • (B) if it is in the course of being produced or is not yet produced, either the amount of the advance is covered by a program listed in the schedule and the amounts that may be received under that program are assignable or the amount of the advance is covered by the security referred to in section 12,

          • (ii) in the case of an agricultural product that is not storable,

            • (A) it is of marketable quality and maintained so as to remain of marketable quality until disposed of in accordance with the repayment agreement and either the amount of the advance is covered by a program listed in the schedule and the amounts that may be received under that program are assignable or the amount of the advance is covered by the security referred to in section 12, or

            • (B) if it is in the course of being produced or is not yet produced, either the amount of the advance is covered by a program listed in the schedule and the amounts that may be received under that program are assignable or the amount of the advance is covered by the security referred to in section 12, and

  • — 2015, c. 2, s. 127(2)

    • 2006, c. 3, s. 5
      • 127. (2) Subsection 9(2) of the Act is replaced by the following:

        • Attribution

          (2) If a producer is related to another producer, the amounts received by, or attributed to, the other producer are attributable to the producer in accordance with the percentage or method of calculation set out in the regulations.

  • — 2015, c. 2, s. 128(3)

    • 2006, c. 3, s. 6(1); 2008, c. 7, s. 5(2)
      • 128. (3) Paragraph 10(1)(h) of the Act is replaced by the following:

        • (h) the producer must demonstrate that

          • (i) in the case of an agricultural product that is storable,

            • (A) it is of marketable quality and stored so as to remain of marketable quality until disposed of in accordance with the repayment agreement, or

            • (B) if it is in the course of being produced or is not yet produced, either the amount of the advance is covered by a program listed in the schedule and the amounts that may be received under that program are assignable or the amount of the advance is covered by the security referred to in section 12,

          • (ii) in the case of an agricultural product that is not storable,

            • (A) it is of marketable quality and maintained so as to remain of marketable quality until disposed of in accordance with the repayment agreement and either the amount of the advance is covered by a program listed in the schedule and the amounts that may be received under that program are assignable or the amount of the advance is covered by the security referred to in section 12, or

            • (B) if it is in the course of being produced or is not yet produced, either the amount of the advance is covered by a program listed in the schedule and the amounts that may be received under that program are assignable or the amount of the advance is covered by the security referred to in section 12, and

          • (iii) despite subparagraphs (i) and (ii), in the case of an agricultural product that is livestock, it is of marketable quality and maintained so as to remain of marketable quality until disposed of in accordance with the repayment agreement; and

  • — 2015, c. 2, s. 128(7)

    • 2006, c. 3, s. 6(3); 2008, c. 7, s. 5(5)
      • 128. (7) Paragraph 10(2)(b) of the Act is replaced by the following:

        • (b) to ensure that

          • (i) in the case of an agricultural product that is storable,

            • (A) it is of marketable quality and will be stored so as to remain of marketable quality until disposed of in accordance with the repayment agreement, or

            • (B) if it is in the course of being produced or is not yet produced, either the amount of the advance is covered by a program listed in the schedule and the amounts that may be received under that program are assignable or the amount of the advance is covered by the security referred to in section 12,

          • (ii) in the case of an agricultural product that is not storable,

            • (A) it is of marketable quality and will be maintained so as to remain of marketable quality until disposed of in accordance with the repayment agreement and either the amount of the advance is covered by a program listed in the schedule and the amounts that may be received under that program are assignable or the amount of the advance is covered by the security referred to in section 12, or

            • (B) if it is in the course of being produced or is not yet produced, either the amount of the advance is covered by a program listed in the schedule and the amounts that may be received under that program are assignable or the amount of the advance is covered by the security referred to in section 12, and

          • (iii) despite subparagraphs (i) and (ii), in the case of an agricultural product that is livestock, it is of marketable quality and will be maintained so as to remain of marketable quality until disposed of in accordance with the repayment agreement;

  • — 2015, c. 2, s. 130

    • 2006, c. 3, s. 7

      130. Section 12 of the Act is replaced by the following:

      • Security

        12. An administrator that makes a guaranteed advance for an agricultural product to a producer in a program year shall take the security required by regulations made under paragraph 40(1)(f.2) for the amount of the producer’s liability under sections 22 and 23.

  • — 2015, c. 2, ss. 132(3), (4)

    • 2006, c. 3, s. 10
      • 132. (3) Section 19 of the Act is amended by adding the following after subsection (1):

        • Administrator’s percentage

          (1.1) The administrator’s percentage mentioned in paragraph (1)(c), as determined under the regulations, must not exceed 10%. If the regulations establish a method of calculating that percentage, when the calculation results in a percentage that is less than 3%, that percentage is deemed to be 3% and when the calculation results in a percentage that is greater than 10%, that percentage is deemed to be 10%.

      • 2006, c. 3, s. 10

        (4) Subsection 19(3) of the Act is replaced by the following:

        • Exception

          (3) If, because of paragraph 10(1)(h), the amount of the advance must be covered by a program listed in the schedule or the security referred to in section 12, the maximum amount of an advance eligible for a guarantee under this Part is

          • (a) in the case when the advance is covered by such a program, the lesser of the amount calculated under subsection (1) and the percentage, specified in the advance guarantee agreement, of the maximum amount that the producer could receive under that program; or

          • (b) in the case when the advance is covered by such a security, the lesser of the amount calculated under subsection (1) and the amount of the value of that security.

  • — 2015, c. 2, s. 133(2)

    • 2006, c. 3, s. 11
      • 133. (2) Subsection 20(2) of the Act is replaced by the following:

        • Attribution

          (2) If a producer is related to another producer, the amounts of advances received by, or attributed to, the other producer are attributable to the producer in accordance with the percentage or method of calculation set out in the regulations.

  • — 2015, c. 2, s. 139

    • 2006, c. 3, s. 17

      139. Subsection 42(1) of the Act is replaced by the following:

      • 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.

  • — 2015, c. 2, s. 140

    • 2006, c. 3, s. 20

      140. The schedule to the Act is amended by replacing the references after the heading “SCHEDULE” with the following:

      (Sections 5, 10, 19 and 33.1)