Marginal note:Payment to selling agency

• 3. (1) The Minister may, with the approval of the Governor in Council, by agreement with a cooperative association, processor or selling agency, undertake that if the average wholesale price of an agricultural product of any grade or quality produced during the year and delivered to a cooperative association, processor or selling agency under only one cooperative plan is less than the initial payment together with the actual processing, carrying and selling costs, which shall not exceed the maximum to be fixed under the agreement in the case of each grade of the agricultural product, there shall be paid to the cooperative association, processor or selling agency the amount, if any, by which the initial payment together with those costs exceeds the average wholesale price computed on the amount of the agricultural product of the grade or quality so delivered.

• Marginal note:Determining average wholesale price

  (2) In determining the average wholesale price of an agricultural product, the Minister may, with the approval of the Governor in Council, require that any excess over the initial payment and costs in the sales account of a particular grade or grades be applied against any deficit in the sales account of any other grade or grades of the product.

Marginal note:Discontinuing delivery

• 4. (1) An agreement made under subsection 3(1) may include a provision that the Minister may on such notice as he deems fair and reasonable require that the delivery of an agricultural product to a cooperative association, processor or selling agency be discontinued with the result that the Minister shall not be liable in respect of any agricultural product delivered to the cooperative association, processor or selling agency after that requirement.

• Marginal note:Payments to primary producers to be approved

  (2) No payment shall be made to primary producers after the initial payment unless the later payment is first approved by the Minister.

• Marginal note:Decision of Minister binding

  (3) In the event of a difference arising with respect to the average wholesale price under an agreement made under subsection 3(1), the decision of the Minister is binding.

• Marginal note:Plan to benefit primary producers

  (4) No agreement shall be made under subsection 3(1) unless the cooperative plan applies to such a proportion of the primary producers within a certain geographical area or to such a proportion of an agricultural product produced in that area that the Minister is of opinion that the marketing of the agricultural product under the cooperative plan will benefit the primary producers.

Marginal note:Powers of Minister

• 5. (1) The Minister may, with respect to any agreement under this Act, with the approval of the Governor in Council, prescribe

  • (a) variations from the initial payment for the basic grade applicable to other grades of an agricultural product;

  • (b) the maximum amount that may be allowed under the agreement for processing, carrying or selling costs with respect to the marketing of an agricultural product; and

  • (c) any other matter deemed necessary for the efficient administration of this Act.

• Marginal note:Idem

  (2) The Minister may prescribe

  • (a) the manner in which the average price or average wholesale price of an agricultural product shall be ascertained;

  • (b) the manner of ascertaining the proportion of primary producers in a designated geographical area whose agricultural product is to be marketed under a cooperative plan; and

  • (c) the manner of ascertaining the proportion of an agricultural product produced in a designated area that is to be marketed under a cooperative plan.