Farm Products Agencies Act

Version of section 22 from 2004-12-15 to 2014-04-02:

Marginal note:Powers
  •  (1) Subject to the proclamation by which it is established and to any subsequent proclamation altering its powers, an agency may

    • (a) purchase any regulated product in relation to which it may exercise its powers and any farm product, wherever grown or produced that is of the same kind as the regulated product in relation to which it may exercise its powers, and package, process, store, ship, insure, export or sell or otherwise dispose of any such product purchased by it;

    • (b) implement a marketing plan the terms of which are set out in the proclamation establishing it or in any subsequent proclamation issued under subsection 17(2) in respect of it;

    • (c) prepare and submit to the Council

      • (i) a marketing plan, if it is not empowered to implement a marketing plan, or

      • (ii) any amendments to the marketing plan that the agency is empowered to implement,

      that it considers appropriate for the attainment of its objects;

    • (d) undertake and assist in the promotion of the consumption and use of any regulated product in relation to which it may exercise its powers, the improvement of the quality and variety thereof and the publication of information in relation thereto;

    • (e) designate bodies through which any regulated product in relation to which it may exercise its powers or any variety, class or grade of any such product shall be marketed in interprovincial or export trade;

    • (f) where it is empowered to implement a marketing plan, make such orders and regulations as it considers necessary in connection therewith, but all such orders and regulations shall, in the case of orders and regulations that are of a class to which paragraph 7(1)(d) is made applicable, be submitted to the Council before the making thereof, and in any other case, be submitted to the Council either before or after the making thereof and

      • (i) any order or regulation that is submitted to the Council before the making thereof and that is thereafter made before the Council approves the order or regulation is of no force or effect, and

      • (ii) any order or regulation that is submitted to the Council after the making thereof and that is set aside by order of the Council thereupon ceases to be of any force or effect;

    • (g) by order, require any person designated by it who is engaged in the marketing of any regulated product in relation to which it may exercise its powers, or any person who is a member of a class of persons designated by it and who is so engaged, to deduct from any amount payable by him to any other person engaged in the production or marketing of the regulated product any amount payable to the agency by the other person by way of licence fees, levies or charges provided for in any marketing plan that the agency is authorized to implement and to remit all amounts so deducted to the agency;

    • (h) purchase, lease or otherwise acquire and hold, mortgage, hypothecate, sell or otherwise deal with any real property or immovable;

    • (i) establish branches or employ agents or mandataries in Canada or elsewhere;

    • (j) expend any money received by it through the conduct of its operations, whether by way of licence fees, levies or charges paid by persons engaged in the production or marketing of any regulated product in relation to which it may exercise its powers or otherwise;

    • (k) invest any money in its possession or control that in its opinion is not immediately required for the purposes of its operations, in securities of or guaranteed by the Government of Canada and sell any securities so acquired by it and reinvest the proceeds thereof or any part thereof in like manner;

    • (l) borrow money on the credit of the agency and on the security of any regulated product or other property held by it;

    • (m) undertake to advertise and promote and do research into new markets for the establishment of greater sales; and

    • (n) do all such other things as are necessary or incidental to the exercise of any of its powers or the carrying out of any of its functions under this Act.

  • Marginal note:Additional powers in intraprovincial trade

    (2) An agency may perform on behalf of a province any function relating to intraprovincial trade in any regulated product in relation to which it may exercise its powers that is specified in an agreement entered into pursuant to section 31.

  • Marginal note:Delegation of powers

    (3) An agency may, with the approval of the Governor in Council, grant authority to any body, authorized under the law of a province to exercise powers of regulation in relation to the marketing locally within the province of any regulated product in relation to which the agency may exercise its powers, to perform on behalf of the agency any function relating to interprovincial or export trade in the regulated product that the agency is authorized to perform.

  • R.S., 1985, c. F-4, s. 22;
  • 1993, c. 3, s. 13(F);
  • 2001, c. 4, s. 82;
  • 2004, c. 25, s. 140.