Marketing Freedom for Grain Farmers Act (S.C. 2011, c. 25)

Act current to 2016-11-21 and last amended on 2012-08-01. Previous Versions

Marketing Freedom for Grain Farmers Act

S.C. 2011, c. 25

Assented to 2011-12-15

An Act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain Acts

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

 This Act may be cited as the Marketing Freedom for Grain Farmers Act.

PART 1Operations of the Canadian Wheat Board During Preliminary Period

Amendments to the Canadian Wheat Board Act

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendments]

Transitional Provisions

 [Transitional Provision]

 [Transitional Provision]

PART 2Voluntary Pooling

Enactment of Canadian Wheat Board (Interim Operations) Act

Marginal note:Enactment

 The Canadian Wheat Board (Interim Operations) Act is enacted as follows:

[See Canadian Wheat Board (Interim Operations) Act]

Consequential and Related Amendments

Advance Payments for Crops Act

 [Amendment]

Agricultural Marketing Programs Act

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

Agricultural Products Cooperative Marketing Act

 [Amendment]

An Act to amend the Canada Grain Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to repeal the Grain Futures Act

 [Amendment]

Canada Grain Act

 [Amendments]

 [Amendments]

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendment]

Farm Products Agencies Act

 [Amendment]

Livestock Feed Assistance Act

 [Amendment]

Prairie Grain Advance Payments Act

 [Repeal]

Seeds Act

 [Amendment]

Repeal

 [Repeal]

Coming into Force

Marginal note:Order in council

Footnote * This Part comes into force on a day to be fixed by order of the Governor in Council.

PART 3Commercialization of the Canadian Wheat Board

Continuance

Marginal note:Definitions
Marginal note:Submission to Minister
  •  (1) The Corporation must submit an application for continuance under one of the following Acts for the Minister’s approval:

  • Marginal note:Deadline

    (2) The application must be submitted to the Minister within four years, or any shorter period specified by the Minister, after the day on which this Part comes into force.

  • Marginal note:Submission to applicable authorities

    (3) Once the application has been approved by the Minister, the Corporation must submit the application to the applicable authorities under the relevant Act.

  • Marginal note:Application not invalid

    (4) The application is not invalid solely because the Corporation is incorporated by an Act of Parliament.

Marginal note:Restriction

 The Corporation is not entitled to apply for continuance in another jurisdiction.

Coming into Force

Marginal note:Simultaneous coming into force

Footnote * This Part comes into force on the day on which Part 2 comes into force.

Ceasing to Have Effect

Marginal note:Ceasing to have effect

 This Part ceases to have effect on the day on which Part 4 applies.

PART 4Dissolution of the Canadian Wheat Board

Application

Marginal note:Application of Part

 This Part applies only if the Corporation is not continued under Part 3 within five years, or any shorter period specified by the Governor in Council, after the day on which that Part comes into force.

Final Pool Period

Marginal note:Final pool period
  •  (1) The Minister must, by order, in respect of each grain, designate one or more pool periods set by the Corporation under section 27 of the Canadian Wheat Board (Interim Operations) Act as a final pool period for the purposes of winding up the Corporation.

  • Marginal note:Final payment

    (2) The Corporation must make all payments due under subsection 29(3) of the Canadian Wheat Board (Interim Operations) Act in respect of the final pool period before winding up the Corporation under section 48.

  • Marginal note:Exercising powers

    (3) After the end of the final pool period, the Corporation may exercise its powers under the Canadian Wheat Board (Interim Operations) Act only for the purpose of administering that pool period and winding up the Corporation.

Distribution of Assets

Marginal note:Distribution of property
  •  (1) The property of the Corporation is to be applied in satisfaction of its debts and liabilities, and the charges, costs and expenses incurred in winding-up its affairs.

  • Marginal note:Clarification

    (2) For greater certainty, the contingency fund established under subsection 18(1) of the Canadian Wheat Board (Interim Operations) Act forms part of the property of the Corporation.

 
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