Western Grain Transition Payments Regulations (SOR/95-314)

Regulations are current to 2014-06-12 and last amended on 2003-03-22. Previous Versions

CONDITIONS OF PAYMENT

  •  (1) Where the Minister has received an application in accordance with paragraph 4(1)(e), a transition payment in respect of farmland leased by an applicant to a lessee shall be made, unless the Minister has received a letter, delivered or mailed on or before November 15, 1995, from the lessee stating that an equitable arrangement has not been made.

  • (2) Before a transition payment is made in respect of farmland leased by an applicant to a lessee where the Minister has received a letter referred to in subsection (1), the following conditions shall be met:

    • (a) on notification by the Minister of the receipt of the letter, the applicant shall deliver or mail to the Minister no later than May 1, 1996

      • (i) a statement, signed by both the applicant and the lessee of the farmland, stating that an equitable arrangement has been reached,

      • (ii) a binding decision of an arbitrator setting out the terms of the equitable arrangement, or

      • (iii) a report of an arbitrator stating that the lessee failed to appear for arbitration or failed to pay a deposit required by an arbitrator; and

    • (b) where by March 1, 1996 no arbitrator has been agreed upon by the owner and the lessee, the owner shall

      • (i) within 10 days after that date, select an arbitrator from a list of arbitrators supplied by the Minister,

      • (ii) within 20 days after that date, give notice to the lessee of the time and place of the arbitration and of the lessee’s one-half share of the arbitration fee, and

      • (iii) within 30 days after that date, deposit one-half of the arbitration fee which an arbitrator may require the owner and the lessee to deposit.

  • (3) The notice referred to in subparagraph (2)(b)(ii) shall be sent to the lessee by registered mail with an acknowledgement of receipt attached at

    • (a) the address that the lessee set out in the letter referred to in subsection (2); or

    • (b) the address of the lessee’s last known residence or place of business where no address for the lessee is set out in the letter referred to in subsection (2).

  • SOR/95-455, s. 2;
  • SOR/96-9, s. 2;
  • SOR/96-367, s. 2.

CALCULATION OF TRANSITION PAYMENTS

Interim Payment

  •  (1) The interim payment in respect of an applicant’s farmland shall be calculated as follows:

    A × [(B × C × D) + (E × F × D)]

     where

    A 
    is the interim payment factor;
    B 
    is the number of dryland acres;
    C 
    is the dryland productivity factor;
    D 
    is the distance factor;
    E 
    is the number of irrigated acres; and
    F 
    is the irrigation productivity factor.
  • (2) Where the interim payment referred to in subsection (1) contains a fraction of a dollar, that fraction shall be expressed as a decimal fraction of three or more digits after the decimal point and

    • (a) the third and subsequent digits after the decimal point shall be dropped if the third digit is less than five; or

    • (b) the second digit after the decimal point shall be increased by one and the third and subsequent digits dropped if the third digit is five or greater than five.