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

Act current to 2013-04-29 and last amended on 2012-08-01. Previous Versions

Marginal note:Lien on crop

6. Where the Minister has given a guarantee under this Act, the producer organization to which the guarantee has been given has a lien on the crop in respect of which the advance was made, for the amount of the advance in respect of which the guarantee was given together with the interest guaranteed on that advance.

  • R.S., 1985, c. C-49, s. 6;
  • R.S., 1985, c. 38 (1st Supp.), s. 2;
  • 1989, c. 26, s. 5.

7. [Repealed, R.S., 1985, c. 38 (1st Supp.), s. 3]

Marginal note:Liability of defaulting producer

8. On default by a producer, the producer becomes liable to the producer organization that made the advance to the producer for

  • (a) the amount of the advance outstanding;

  • (b) the interest guaranteed on that advance; and

  • (c) costs incurred by the producer organization to recover the amounts mentioned in paragraphs (a) and (b), including legal costs that are taxed or authorized by the Deputy Minister of Justice.

  • R.S., 1985, c. C-49, s. 8;
  • R.S., 1985, c. 38 (1st Supp.), s. 4;
  • 1989, c. 26, s. 6.
Marginal note:Limitation of total liability of producer organization

9. Where, in respect of a particular crop in a particular crop year, the total amount to be repaid by a producer organization to a lender under subparagraph 5(1)(i)(ii) exceeds 2% of the total amount of money borrowed by the producer organization from the lender for the purpose of making the advances, the producer organization is, notwithstanding subparagraph 5(1)(i)(ii), relieved of its obligation to repay that excess.

  • R.S., 1985, c. C-49, s. 9;
  • R.S., 1985, c. 38 (1st Supp.), s. 4.

AMOUNT OF ADVANCES

Marginal note:Amount of advance

  • 10. (1) The amount of an advance eligible for a guarantee under this Act shall be calculated by multiplying

    • (a) the number of units of the crop in respect of which the advance is to be made

    by

    • (b) the rate per unit fixed under subsection (2) for that crop in the crop year in which the advance is made.

  • Marginal note:Rate per unit

    (2) For the purpose of paragraph (1)(b), the Minister may fix, for any crop, in a crop year, a rate per unit of crop that does not exceed one-half of the average price that, in the Minister’s opinion, will be payable to producers of that crop in that crop year.

  • R.S., 1985, c. C-49, s. 10;
  • R.S., 1985, c. 38 (1st Supp.), s. 5.
Marginal note:Maximum per year

  • 11. (1) Subject to subsection (2), the maximum amount of advances in any crop year that are eligible for a guarantee under this Act, in respect of a particular crop actually produced by one producer, is an amount that is determined by the Minister for that crop year in respect of that crop, but the maximum amount of advances in any crop year that are eligible for a guarantee, in respect of all crops actually produced by that producer, shall not exceed the lesser of $250,000 and such amount as the Minister may determine.

  • Marginal note:Reduction for other advances

    (2) The maximum amount of advances in any crop year that are eligible for a guarantee under this Act, in respect of all crops actually produced by one producer, as determined by the Minister under subsection (1), shall be reduced by the total amount outstanding in respect of

  • R.S., 1985, c. C-49, s. 11;
  • R.S., 1985, c. 38 (1st Supp.), s. 5;
  • 1989, c. 26, s. 7.