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

Act current to 2014-08-05 and last amended on 2014-05-15. Previous Versions

Agricultural Marketing Programs Act

S.C. 1997, c. 20

Assented to 1997-04-25

An Act to establish programs for the marketing of agricultural products, to repeal the Agricultural Products Board Act, the Agricultural Products Cooperative Marketing Act, the Advance Payments for Crops Act and the Prairie Grain Advance Payments Act and to make consequential amendments to other Acts

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Agricultural Marketing Programs Act.

INTERPRETATION

Marginal note:Definitions
  •  (1) The definitions in this subsection apply in this Act.

    “administrator”

    « agent d’exécution »

    “administrator” means one of the following organizations, if it has the power to sue and be sued in its own name:

    • (a) an organization of producers that is involved in marketing an agricultural product to which Part I applies;

    • (b) an organization, other than a lender, that the Minister, taking into account any criteria prescribed by regulation, determines to be an organization that represents producers who produce, in an area, a significant portion of an agricultural product for which advances will be made; or

    • (c) an organization, including a lender, that the Minister determines to be an organization that would be able to make advances more accessible to producers and that the Minister designates as an administrator.

    “advance”

    « avance »

    “advance” means an advance payment to an eligible producer for an agricultural product.

    “advance guarantee agreement”

    « accord de garantie d’avance »

    “advance guarantee agreement” means an agreement under section 5.

    “agricultural product”

    « produit agricole »

    “agricultural product” means an animal or a plant or a product, including any food or drink, that is wholly or partly derived from an animal or a plant.

    “Board”

    “Board”[Repealed, 2011, c. 25, s. 16]

    “crop”

    “crop”[Repealed, 2006, c. 3, s. 1]

    “crop unit”

    “crop unit”[Repealed, 2006, c. 3, s. 1]

    “crop year”

    “crop year”[Repealed, 2006, c. 3, s. 1]

    “Her Majesty”

    « Sa Majesté »

    “Her Majesty” means Her Majesty in right of Canada.

    “lender”

    « prêteur »

    “lender” means a financial institution, as defined in section 2 of the Bank Act, or any other legal entity that the Minister of Finance may designate for the purposes of this Act on the application of that entity.

    “livestock”

    « bétail »

    “livestock” means cattle, sheep, swine and bison and any other animals that may be designated by regulation.

    “marketing agency”

    « agence de commercialisation »

    “marketing agency” means

    • (a) an association of producers whose object is the marketing, under a cooperative plan, of agricultural products produced by the producers;

    • (b) a person engaged in the processing of agricultural products for marketing under a cooperative plan; or

    • (c) a person authorized by one or more associations or persons mentioned in paragraphs (a) and (b) to market agricultural products under a single cooperative plan.

    • (d[Repealed, 2011, c. 25, s. 16]

    “Minister”

    « ministre »

    “Minister” means the Minister of Agriculture and Agri-Food.

    “permit book”

    “permit book”[Repealed, 2011, c. 25, s. 16]

    “price guarantee agreement”

    « accord de garantie des prix »

    “price guarantee agreement” means an agreement under section 28.

    “producer”

    « producteur »

    “producer” means a producer of an agricultural product who is

    • (a) a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act;

    • (b) a corporation a majority of whose voting shares are held by Canadian citizens or permanent residents;

    • (c) a cooperative a majority of whose members are Canadian citizens or permanent residents; or

    • (d) a partnership or other association of persons where partners or members who are Canadian citizens or permanent residents are entitled to at least 50% of the profits of the partnership or association.

    For the purposes of Parts I and IV, “producer” includes a person or entity mentioned in any of paragraphs (a) to (d) that is entitled to an agricultural product or a share in it as lessor, vendor, mortgagee or hypothecary creditor on a date specified for the purposes of this definition in an advance guarantee agreement.

    “production period”

    « campagne agricole »

    “production period”, in respect of an agricultural product, means the period of up to 18 months — or any longer period that is fixed by the Minister — specified in the advance guarantee agreement relating to the agricultural product.

    “production unit”

    « unité de production »

    “production unit”, in respect of an agricultural product, means the production unit specified in the advance guarantee agreement relating to the agricultural product.

    “repayment agreement”

    « accord de remboursement »

    “repayment agreement” means an agreement under subsection 10(2).

  • (2) [Repealed, 2006, c. 3, s. 1]

  • 1997, c. 20, s. 2;
  • 1998, c. 17, s. 30;
  • 2001, c. 27, s. 203;
  • 2006, c. 3, s. 1;
  • 2008, c. 7, s. 1;
  • 2011, c. 25, s. 16.