Advance Payments for Crops Act (R.S.C., 1985, c. C-49)

Act current to 2014-04-02 and last amended on 2012-08-01. Previous Versions

Advance Payments for Crops Act

R.S.C., 1985, c. C-49

An Act to facilitate the making of advance payments for crops

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Advance Payments for Crops Act.

  • 1976-77, c. 12, s. 1.

INTERPRETATION

Marginal note:Definitions
  •  (1) In this Act,

    “advance”

    « avance »

    “advance” means an advance payment to a producer in respect of a crop that the producer has actually produced;

    “buyer”

    « acheteur »

    “buyer” means an individual, corporation, cooperative or partnership, including a producer organization and a broker, that buys a crop in respect of which an advance is made;

    “crop”

    « récolte »

    “crop” means

    • (a) such field grown crops, either cultivated or uncultivated, as are designated by the Minister, and

    • (b) maple syrup and honey;

    “crop year”

    « campagne agricole »

    “crop year”, in relation to any crop, means the period, not exceeding one year, fixed by the Minister;

    “interest guaranteed”

    « intérêt garanti »

    “interest guaranteed”, in relation to an advance, means the interest guaranteed by Her Majesty under subsection 4(1) in respect of that advance;

    “lender”

    « prêteur »

    “lender” means

    • (a) a bank,

    • (b) a credit union, caisse populaire or other cooperative credit society that is designated by the Minister of Finance on the application of that society as a lender for the purposes of this Act,

    • (c) a company within the meaning of the Trust and Loan Companies Act, or a company, society or provincial company within the meaning of the Insurance Companies Act, that is designated by the Minister of Finance on the application of that company, society or provincial company as a lender for the purposes of this Act, or

    • (d) a Province of Alberta Treasury Branch established pursuant to The Treasury Branches Act of the Province of Alberta;

    “Minister”

    « ministre »

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

    “producer”

    « producteur »

    “producer” means an individual, corporation, cooperative or partnership that has produced a crop in respect of which an advance is to be made;

    “producer organization”

    « association de producteurs »

    “producer organization” means an organization of producers that is engaged in marketing a crop in respect of which advances are to be made.

  • Marginal note:Meaning of "default"

    (2) For the purposes of this Act and subject to subsection (3), a producer is in default under his agreement mentioned in paragraph 5(1)(b) with the producer organization that made the advance if

    • (a) any of the producer’s obligations under the agreement has not been discharged within twenty days after the day on which the producer organization mails or delivers a notice to the producer stating that the producer has had, in the opinion of the producer organization, adequate opportunity to discharge that obligation, and requesting the producer to discharge that obligation;

    • (b) any of the producer’s obligations under the agreement has not been discharged at the end of the crop year during which the advance was made;

    • (c) any of the producer’s obligations under the agreement has not been discharged on the day on which the producer files an assignment under the Bankruptcy and Insolvency Act or a bankruptcy order under that Act is made against the producer; or

    • (d) the producer breaches, at any time, any of the producer’s obligations under the agreement.

  • Marginal note:Stay of default

    (3) The Minister may, on such terms as are agreed to between a producer and the producer organization and are accepted by the Minister, stay a default for a specified period.

  • Marginal note:When default ceases

    (4) For the purpose of paragraph 5(1)(h), a producer ceases to be in default on the full discharge of his liability to the producer organization under section 8.

  • R.S., 1985, c. C-49, s. 2;
  • R.S., 1985, c. 38 (1st Supp.), s. 1, c. 1 (4th Supp.), s. 19;
  • 1989, c. 26, s. 1;
  • 1991, c. 47, s. 725;
  • 1992, c. 27, s. 90;
  • 1994, c. 38, s. 25;
  • 2004, c. 25, s. 182.