Basic Search

2 In this Act,

marketing plan

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

promotion and research plan

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

regulated product

regulated product  means

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

  • [...]

  • (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; (produit réglementé)

[...]

Marginal note:Powers of Council

• 7 (1) In order to fulfil its duties, the Council

  • [...]

  • (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) 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

    [...]

  • (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

• (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

  • [...]

  • (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.

[...]

Marginal note:Contents of proclamation

• [...]

• Marginal note:Majority of members of agency

  (3) Where an agency is authorized by proclamation to exercise its powers in relation to one or more farm products in import trade, the majority of the members of the agency shall be comprised of representatives of the following groups, namely,

  [...]

  and the number of representatives of each such group within that majority shall, subject to there being at least one of each group, be in proportion to the share of each such group in the aggregate of the total intraprovincial, interprovincial and import trade in all of those products and, where the agency is authorized by proclamation to exercise its powers in relation to one or more farm products in export trade, the export trade in all of those farm products.

• Marginal note:Idem

  (4) Where an agency is not authorized by proclamation to exercise its powers in relation to at least one farm product in import trade, the majority of the members of the agency shall be primary producers.

[...]

Marginal note:Powers

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

  • [...]

  • (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;

• 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.

[...]

Marginal note:Powers

• [...]

• 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, export or import trade in the regulated product that the agency is authorized to perform.

[...]