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

Act current to 2016-08-15 and last amended on 2016-02-05. 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

    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

    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

    Board[Repealed, 2011, c. 25, s. 16]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    crop[Repealed, 2006, c. 3, s. 1]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    crop unit[Repealed, 2006, c. 3, s. 1]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    crop year[Repealed, 2006, c. 3, s. 1]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

    Her Majesty means Her Majesty in right of Canada. (Sa Majesté)

    lender

    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

    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

    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

    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 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)

  • Marginal note: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.

  • 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
  •  (1) Producers are related for the purposes of this Act if they do not deal with each other at arm’s length.

  • Marginal note:Presumption

    (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

Marginal note:Purpose

 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
  •  (1) Subject to subsections (2) and (3), this Part applies only in respect of an agricultural product that meets the following criteria:

    • (a) the agricultural product is

      • (i) an animal that is raised in Canada or the fur pelt of such an animal,

      • (ii) a plant that is grown in Canada or the product of such a plant, or

      • (iii) honey or maple syrup that is produced in Canada;

    • (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.

  • Marginal note:Regulations

    (3) The Governor in Council may make regulations

    • (a) designating any agricultural product as being subject to this Part; and

    • (b) designating any breeding animals or classes of breeding animals as being subject to this Part and respecting any conditions related to that designation.

  • 2006, c. 3, s. 2;
  • 2015, c. 2, s. 123.
 
Date modified: