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:
Marginal note:Short title
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 to which Part I applies; 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. (agent d’exécution)
advance means an advance payment to an eligible producer for an agricultural product. (avance)
- advance guarantee agreement
advance guarantee agreement means an agreement under section 5. (accord de garantie d’avance)
- agricultural product
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. (produit agricole)
Board[Repealed, 2011, c. 25, s. 16]
crop[Repealed, 2006, c. 3, s. 1]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crop unit[Repealed, 2006, c. 3, s. 1]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crop year[Repealed, 2006, c. 3, s. 1]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
Her Majesty means Her Majesty in right of Canada. (Sa Majesté)
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. (prêteur)
livestock means cattle, sheep, swine and bison and any other animals that may be designated by regulation. (bétail)
- marketing agency
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. (agence de commercialisation)
(d) [Repealed, 2011, c. 25, s. 16]
Minister means the Minister of Agriculture and Agri-Food. (ministre)
- permit book
permit book[Repealed, 2011, c. 25, s. 16]
- price guarantee agreement
price guarantee agreement means an agreement under section 28. (accord de garantie des prix)
producer means a producer of an agricultural product who is
(b) a corporation that is controlled by one or more of the persons or entities referred to in paragraphs (a), (c) and (d);
(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. (producteur)
- production period
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. (campagne agricole)
- production unit
production unit, in respect of an agricultural product, means the production unit specified in the advance guarantee agreement relating to the agricultural product. (unité de production)
- program year
program year, in respect of an advance, means the period that is specified in the advance guarantee agreement and the repayment agreement that relates to the advance. (année de programme)
- repayment agreement
repayment agreement means an agreement under subsection 10(2). (accord de remboursement)
(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.
- 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;
- 2015, c. 2, s. 120.
Marginal note:Related producers
(2) In the absence of proof to the contrary, a producer is presumed to be related to another producer in any of the following circumstances:
(a) the producer controls, directly or indirectly in any manner, the other producer;
(b) the producer is controlled, directly or indirectly in any manner, by the same person or group of persons as the other producer;
(c) the producer carries on a farming operation in partnership with the other producer;
(d) the producer shares any management services, administrative services, equipment, facilities or overhead expenses of a farming operation with the other producer, but is not in partnership with that other producer;
(e) any other circumstances set out in the regulations.
Definition of group of persons
(3) For the purposes of subsection (2), group of persons means a producer that is a partnership, cooperative or other association of persons.
- 1997, c. 20, s. 3;
- 2000, c. 12, s. 2;
- 2015, c. 2, s. 121.
PART IAdvance Payments Program
Advance Guarantee Agreements
4 The purpose of this Part is to improve marketing opportunities for the agricultural products of eligible producers by guaranteeing the repayment of the advances made to them as a means of improving their cash-flow.
- 1997, c. 20, s. 4;
- 2006, c. 3, s. 2.
Marginal note:Eligible agricultural products
(a) the agricultural product is
(b) the Minister has determined, taking into account any criteria prescribed by regulation, that it is possible to establish an average price for the agricultural product; and
(c) the Minister has determined, taking into account any criteria prescribed by regulation, that the agricultural product is not processed or, in the case of a perishable agricultural product, is not processed beyond what is necessary to store it and prevent spoilage.
Marginal note:Breeding animals
(2) Subject to any regulations made under paragraph (3)(b), animals that are or were used as breeding animals are not agricultural products that are subject to this Part.
(3) The Governor in Council may make regulations
- 2006, c. 3, s. 2;
- 2015, c. 2, s. 123.
- Date modified: