Farm Products Agencies Act (R.S.C., 1985, c. F-4)

Act current to 2014-09-01 and last amended on 2012-08-01. Previous Versions

Farm Products Agencies Act

R.S.C., 1985, c. F-4

An Act to establish the National Farm Products Council and to authorize the establishment of agencies for farm products

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Farm Products Agencies Act.

  • R.S., 1985, c. F-4, s. 1;
  • 1993, c. 3, s. 2.

INTERPRETATION

Marginal note:Definitions

 In this Act,

“agency”

« office »

“agency” means

  • (a) for the purpose of Part I, a marketing agency or a promotion-research agency,

  • (b) for the purpose of Part II, a marketing agency, and

  • (c) for the purpose of Part III, a promotion-research agency;

“Council”

« Conseil »

“Council” means the National Farm Products Council established by section 3;

“farm product”

« produit agricole » ou « produit de ferme »

“farm product” means

  • (a) for the purpose of Part I, any natural product of agriculture, whether processed or unprocessed, and any part of any such product,

  • (b) for the purpose of Part II,

    • (i) eggs and poultry, and any part of any such product, and

    • (ii) any other natural product of agriculture and any part of any such product in respect of which the Governor in Council is satisfied, as a result of declarations by provincial governments following plebiscites, or otherwise, that the majority of the producers thereof in Canada is in favour of the establishment of a marketing agency with powers relating to that product, and

  • (c) for the purpose of Part III, any natural product of agriculture, whether processed or unprocessed, and any part of any such product;

“marketing”

« commercialisation »

“marketing”, in relation to any farm product that is not a regulated product, includes selling and offering for sale and buying, pricing, assembling, packing, processing, transporting, storing and any other act necessary to prepare the product in a form or to make it available at a place and time for purchase for consumption or use and, in relation to a regulated product, includes only such of the above acts as are specified in the marketing plan or promotion and research plan, as the case may be, relating to the regulated product;

“marketing agency”

« office de commercialisation »

“marketing agency” means an agency established pursuant to subsection 16(1);

“marketing plan”

« plan de commercialisation »

“marketing plan” means a plan relating to the promotion, regulation and control of the marketing of any regulated product in interprovincial or export trade that includes provision for all or any of the following:

  • (a) the determination of those persons engaged in the growing or production of the regulated product for interprovincial or export trade and the exemption of any class of persons so engaged from the marketing plan or any aspect thereof,

  • (b) the specification of those acts that constitute the marketing of the regulated product and of those persons engaged in its marketing, as so specified, in interprovincial or export trade, and for the exemption of any class of persons so engaged from the marketing plan or any aspect thereof,

  • (c) the marketing of the regulated product on a basis that enables the agency that is implementing the plan to fix and determine the quantity, if any, in which the regulated product or any variety, class or grade thereof may be marketed in interprovincial or export trade by each person engaged in the marketing thereof and by all persons so engaged, and the price, time and place at which the regulated product or any variety, class or grade thereof may be so marketed,

  • (d) the pooling of receipts from the marketing of the regulated product or any variety, class or grade thereof in interprovincial or export trade and the operation of pool accounts including provision for a system of initial, interim and final payments to producers and deduction from the pool of the expenses of the operation thereof,

  • (e) a system for the licensing of persons engaged in the growing or production of the regulated product for, or the marketing thereof in, interprovincial or export trade, including provision for fees, other than fees related to the right to grow the regulated product, payable to the appropriate agency by any such person in respect of any licence issued to such person and for the cancellation or suspension of any such licence where a term or condition thereof is not complied with, and

  • (f) the imposition and collection by the appropriate agency of levies or charges from persons engaged in the growing or production of the regulated product or the marketing thereof and for such purposes classifying those persons into groups and specifying the levies or charges, if any, payable by the members of each group;

“Minister”

« ministre »

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

“promotion and research plan”

« plan de promotion et de recherche »

“promotion and research plan” means a plan respecting the promotion of the marketing or production of any regulated product for the purposes of interprovincial, export or import trade and respecting research activities related to the regulated product that includes provision for all or any of the following:

  • (a) the determination of those persons engaged in the growing, production, processing or importation of the regulated product for interprovincial, export or import trade and the exemption from the plan or any aspect thereof of any class of persons so engaged,

  • (b) the specification of those acts that constitute the marketing of the regulated product and of those persons engaged in its marketing, as so specified, in interprovincial or export trade, and for the exemption from the plan or any aspect thereof of any class of persons so engaged, and

  • (c) the imposition, collection and refunding by the appropriate agency of levies or charges from persons engaged in the growing, production or importation of the regulated product or the marketing thereof and for such purposes classifying those persons into groups and specifying the levies or charges, if any, payable by the members of each group;

“promotion-research agency”

« office de promotion et de recherche »

“promotion-research agency” means an agency established pursuant to section 39;

“regulated product”

« produit réglementé »

“regulated product” means

  • (a) for the purpose of Part II, any farm product grown or produced

    • (i) anywhere in Canada, if a marketing agency is authorized to exercise its powers in relation to any such product grown or produced in Canada, or

    • (ii) in any region of Canada designated in the proclamation that authorizes a marketing agency to exercise its powers in relation to any such product grown or produced in that region, or in any such region and anywhere in Canada outside that region for shipment into that region in interprovincial trade and not for export where the proclamation that authorizes the marketing agency to exercise its powers in relation to such product so provides, and

  • (b) for the purpose of Part III, any farm product in relation to which a promotion-research agency is authorized to exercise its powers in interprovincial, export or import trade as specified in the proclamation that authorizes the agency to exercise its powers in relation to such product;

“research”

« recherche »

“research” includes development.

  • R.S., 1985, c. F-4, s. 2;
  • 1993, c. 3, ss. 3, 13(F);
  • 1994, c. 38, s. 25.