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

Act current to 2016-11-21 and last amended on 2015-02-26. Previous Versions

Marginal note:Chairman to preside

 The chairman of the Council shall preside at meetings of the Council but in the event of the absence or incapacity of the chairman, or if the office of chairman is vacant, the vice-chairman of the Council shall act as chairman for the time being.

  • 1970-71-72, c. 65, s. 4.
Marginal note:Salaries and fees
  •  (1) A member of the Council who is not employed in the federal public administration shall be paid a salary to be fixed by the Governor in Council.

  • Marginal note:Expenses

    (2) Each member of the Council is entitled to be paid any travel and living expenses incurred by them in the performance of their duties under this Act that are provided by by-law of the Council made under paragraph 12(c).

  • R.S., 1985, c. F-4, s. 5;
  • 2003, c. 22, s. 224(E);
  • 2015, c. 3, s. 83(E).

Duties and Powers

Marginal note:Duties of Council
  •  (1) The duties of the Council are

    • (a) to advise the Minister on all matters relating to the establishment and operation of agencies under this Act with a view to maintaining and promoting an efficient and competitive agriculture industry;

    • (b) to review the operations of agencies with a view to ensuring that they carry on their operations in accordance with their objects set out in section 21 or 41, as the case may be; and

    • (c) to work with agencies in promoting more effective marketing of farm products in interprovincial and export trade and, in the case of a promotion-research agency, in promoting such marketing in import trade and in connection with research and promotion activities relating to farm products.

  • Marginal note:Additional duties

    (2) In carrying out its duties, the Council shall consult, on a continuing basis, with the governments of all provinces having an interest in the establishment or the exercise of the powers of any one or more agencies under this Act or with any body or bodies established by the government of any province to exercise powers similar to those of the Council in relation to intraprovincial trade in farm products.

  • R.S., 1985, c. F-4, s. 6;
  • 1993, c. 3, s. 6.
Marginal note:Powers of Council
  •  (1) In order to fulfil its duties, the Council

    • (a) on receipt of a written request from one or more associations representing a significant number of persons engaged in the growing or production of any farm product in Canada or if directed to do so by the Minister shall, or on its own initiative may, inquire into the merits of

      • (i) establishing an agency in respect of the farm product and vesting it with all or any of the powers set out in section 22 or 42, as the case may be, or

      • (ii) broadening the authority of an existing agency by vesting it with all or any of the powers set out in section 22 or 42, as the case may be, in relation to any farm products that are additional to the farm products in respect of which it was established,

      and report its recommendations to the Minister, including the terms of an appropriate marketing plan or promotion and research plan where, in its opinion, it is appropriate that an agency be vested with power to implement such a plan in relation to the farm products to which the inquiry relates;

    • (b) shall review any amendment to a marketing plan or promotion and research plan that is submitted to it by the agency charged with the implementation of the plan, review any proposed marketing plan or promotion and research plan that is submitted to it by an agency that is not vested with power to implement such a plan, and consider all representations submitted to it in relation to the proposed amendment or plan and report its recommendations thereon to the Minister;

    • (c) shall review the operations of agencies and report thereon annually to the Minister or, in any case where in its opinion the circumstances warrant, on a more frequent basis;

    • (d) shall review all orders and regulations that are proposed to be made by agencies and that are of a class of orders or regulations to which the Council, by order, provides that this paragraph is applicable and, where it is satisfied that the orders and regulations are necessary for the implementation of the marketing plan or promotion and research plan that the agency proposing to make the orders or regulations is authorized to implement, the Council shall approve the orders and regulations;

    • (e) shall review all orders and regulations that are made by agencies and that are not of a class of orders or regulations to which paragraph (d) is made applicable, and, where it is satisfied that the orders or regulations are necessary for the administration of the marketing plan or promotion and research plan that the agency that has made the orders or regulations is authorized to implement, the Council shall approve the orders or regulations and, where it is not so satisfied, the Council may, by order, set aside in whole or in part any such orders and regulations;

    • (f) shall make such inquiries and take such action within its powers as it deems appropriate in relation to any complaints received by it from any person who is directly affected by the operations of an agency and that relate to the operations of the agency;

    • (g) may conduct studies of, and on its own initiative or on the direction of the Minister research into, any matter relating to the marketing or promotion of a farm product in interprovincial or export trade or research activities related thereto;

    • (h) may, for the purpose of implementing any marketing plan, require persons engaged in the production of a farm product for, or the marketing of a farm product in, interprovincial or export trade

      • (i) to register with the Council or the appropriate agency,

      • (ii) to maintain books and records in relation to the production or marketing of the farm product by them in such form and containing such information as the Council requires pursuant to this paragraph, and

      • (iii) to submit to the Council or the appropriate agency such information relating to the production or marketing of the farm product by them as it may reasonably require;

    • (i) may, when in its opinion it is necessary to do so for the purpose of determining the advisability of establishing an agency in respect of a farm product or of vesting an agency with power to implement a marketing plan, require persons engaged in the production of a farm product for, or the marketing of a farm product in, interprovincial or export trade to submit to the Council or the appropriate agency such information relating to the production or marketing of the farm product by them as it may reasonably require;

    • (j) may, for the purpose of implementing any promotion and research plan, require persons who are engaged in the production or importation of a farm product for, or the marketing of a farm product in, interprovincial, export or import trade

      • (i) to register with the Council or the appropriate agency,

      • (ii) to maintain books and records in relation to the production, marketing or importation of the farm product by them in such form and containing such information as the Council requires pursuant to this paragraph, and

      • (iii) to submit to the Council or the appropriate agency such information relating to the production, marketing or importation of the farm product by them as it may reasonably require;

    • (k) may, when in its opinion it is necessary to do so for the purpose of determining the advisability of establishing an agency in respect of a farm product or of vesting an agency with power to implement a promotion and research plan, require persons who are engaged in the production or importation of a farm product for, or the marketing of a farm product in, interprovincial, export or import trade to submit to the Council or the appropriate agency such information relating to the production, marketing or importation of the farm product by them as it may reasonably require; and

    • (l) may do all such other things as are incidental or conducive to the fulfilment of its duties.

  • Marginal note:Idem

    (2) The Council, in reporting to the Minister under subsection (1), shall not recommend the establishment of an agency in respect of one or more farm products or the broadening of the authority of an existing agency by vesting it with powers in relation to one or more farm products unless it is satisfied that

    • (a) in the case of a marketing agency, the majority of the producers of each of those farm products, in Canada or in the region of Canada to which the recommendation relates, is in favour of that action; or

    • (b) in the case of a promotion-research agency, the majority of the aggregate of the producers or, where the import trade in one or more farm products is to be included, the majority of the aggregate of the producers and importers, of all those farm products, in Canada or in the region of Canada to which the recommendation relates, is in favour of that action.

  • R.S., 1985, c. F-4, s. 7;
  • 1993, c. 3, s. 7.

Public Hearings

Marginal note:Where hearing to be held
  •  (1) A public hearing shall be held by the Council

    • (a) in connection with an inquiry into the merits of establishing an agency or of broadening the authority of an existing agency to cover any additional farm product or farm products;

    • (b) where the Council has under review a proposed marketing plan or promotion and research plan; or

    • (c) in connection with any other matter relating to its objects if the Governor in Council or the Minister directs the Council to hold a public hearing in connection with such matter.

  • Marginal note:Where hearing may be held

    (2) A public hearing may be held by the Council in connection with any matter relating to its objects where the Council is satisfied that such a hearing would be in the public interest.

  • Marginal note:Hearing by two or more members

    (3) The chairman of the Council may direct that a public hearing under this section be held on behalf of the Council by two or more members thereof designated by the chairman, and the members so designated have for the purpose of the hearing the powers of the Council set out in subsection (5) and shall report to the Council on the hearing.

  • Marginal note:Hearings throughout Canada

    (4) A public hearing under this section may be held at such place in Canada or at such places in Canada by adjournment from place to place as the Council may designate.

  • Marginal note:Powers in relation to hearings

    (5) The Council has, in respect of any public hearing under this section, all the powers of a commissioner appointed under Part I of the Inquiries Act.

  • R.S., 1985, c. F-4, s. 8;
  • 1993, c. 3, s. 8.
 
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