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

Assented to 2011-12-15

Consequential and Related Amendments

R.S., c. C-49Advance Payments for Crops Act

Marginal note:1989, c. 26, s. 2

 Section 3 of the Advance Payments for Crops Act is replaced by the following:

Marginal note:Application of Act

3. This Act applies in respect of crops grown in Canada.

1997, c. 20Agricultural Marketing Programs Act

Marginal note:1998, c. 17, s. 30
  •  (1) The definitions “Board” and “permit book” in subsection 2(1) of the Agricultural Marketing Programs Act are repealed.

  • Marginal note:2006, c. 3, s. 1(3)

    (2) Paragraph (b) of the definition “administrator” in subsection 2(1) of the Act is replaced by the following:

    • (b) an organization, other than a lender, that the Minister, taking into account any criteria prescribed by regulation, determines to be an organization that represents producers who produce, in an area, a significant portion of an agricultural product for which advances will be made; or

  • (3) The definition “marketing agency” in subsection 2(1) of the Act is amended by adding “or” at the end of paragraph (b), by striking out “or” at the end of paragraph (c) and by repealing paragraph (d).

Marginal note:2006, c. 3, ss. 8(1)(E) and (2), 9(E) and 10

 The heading before section 13 and sections 13 to 18 of the Act are repealed.

Marginal note:2006, c. 3, s. 13

 Section 24 of the Act is repealed.

 Section 33 of the Act is repealed.

 Section 46 of the Act is repealed.

 Section 52 of the Act is repealed.

R.S., c. A-5Agricultural Products Cooperative Marketing Act

 Paragraph (a) of the definition “agricultural product” in section 2 of the Agricultural Products Cooperative Marketing Act is replaced by the following:

  • (a) grain,

1998, c. 22An Act to amend the Canada Grain Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to repeal the Grain Futures Act

 Section 17 of 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Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to repeal the Grain Futures Act is repealed.

R.S., c. G-10Canada Grain Act

  •  (1) Paragraph (a) of the definition “lawfully” in section 2 of the Canada Grain Act is replaced by the following:

    • (a) in accordance with this Act, and

  • (2) The portion of the definition “lawfully” in section 2 of the Act after subparagraph (b)(iii) is replaced by the following:

    deliverable by the owner of the grain, receivable by the public carrier for carriage to the elevator or consignee and receivable by the operator of the elevator or consignee, in accordance with this Act;

  • (3) Section 2 of the Act is amended by adding the following in alphabetical order:

    “actual producer”

    « producteur-exploitant »

    “actual producer” means a person actually engaged in the production of grain;

    “producer”

    « producteur »

    “producer” means, as well as an actual producer, any person entitled, as landlord, vendor or mortgagee or hypothecary creditor, to the grain produced by an actual producer or to any share of that grain;

  •  (1) Paragraph 20(2)(d) of the Act is repealed.

  • (2) Paragraph 20(2)(g) of the French version of the Act is replaced by the following:

    • g) douze producteurs-exploitants de grain de l’Ouest;

  • (3) Paragraph 20(2)(h) of the Act is replaced by the following:

    • (h) any additional persons not exceeding four in number that the Commission considers advisable.

Marginal note:R.S., c. 37 (4th Supp.), s. 23(2)
  •  (1) Paragraph 80(4)(a) of the Act is repealed.

  • Marginal note:R.S., c. 37 (4th Supp.), s. 23(2)

    (2) Paragraph 80(4)(c) of the English version of the Act is replaced by the following:

    • (c) if the grain is grain other than grain referred to in paragraph (b), be the property of the Commission,

 The Act is amended by adding the following after section 83:

Deductions

Marginal note:Deductions
  • 83.1 (1) Any person required to issue a cash purchase ticket under this Act shall deduct from the amount payable under the ticket the prescribed amount per tonne of wheat or barley grown in the Western Division, and shall remit that amount to the prescribed agency.

  • Marginal note:Option

    (2) A person entitled to a cash purchase ticket may, unless the regulations provide for the payment of refunds, opt out of the payment of deductions under subsection (1).

  • Marginal note:Distribution by agency

    (3) A prescribed agency may use any amount it receives under subsection (1) for the purposes of

    • (a) research activities into new and improved grain varieties;

    • (b) the promotion of the marketing and use of grain grown in Canada;

    • (c) technical assistance relating to the use of grain grown in Canada; and

    • (d) covering the administrative costs that it incurs in applying this section.

Marginal note:Power to make regulations
  • 83.2 (1) The Governor in Council may make regulations

    • (a) prescribing the amount to be deducted per tonne under section 83.1;

    • (b) prescribing an agency to which amounts are to be remitted under section 83.1;

    • (c) providing exemptions from the deduction under section 83.1;

    • (d) governing the opting out of the payment of deductions or providing for refunds of amounts deducted under section 83.1;

    • (e) requiring a person making a deduction under section 83.1 or the prescribed agency to report on its activities under that section; and

    • (f) respecting any other matter relating to the administration of section 83.1.

  • Marginal note:Distinctions

    (2) Regulations made under subsection (1) may distinguish on the basis of type, class or grade of grain, or region where the grain was produced.

Marginal note:Ceasing to have effect

83.3 Sections 83.1 and 83.2 cease to have effect five years after the day on which this section comes into force.

Marginal note:1988, c. 65, s. 125; 1994, c. 45, s. 28(F)

 Part V.1 of the Act is repealed.

Marginal note:1998, c. 22, s. 17

 Subsection 88(1) of the Act is replaced by the following:

Marginal note:Inspection
  • 88. (1) Subject to subsection (1.1), an inspector may, at any reasonable time, enter any elevator, any premises of the licensee of an elevator or any premises of a licensed grain dealer in which the inspector has reasonable grounds to believe there is any grain, grain product or screenings owned or possessed by the licensee or any books, records or other documents relating to the operation of the elevator or the business of the grain dealer and may

    • (a) examine the premises and any equipment, grain, grain products and screenings found in the premises; and

    • (b) examine any books, records, bills of lading and other documents that, on reasonable grounds, the inspector believes contain any information relevant to verifying compliance with this Act and make copies of them or take extracts from them.

Marginal note:1988, c. 65, s. 128

 Paragraph 91(1)(g.1) of the Act is repealed.

Marginal note:1988, c. 65, s. 129

 Section 105.1 of the Act is repealed.

Marginal note:1988, c. 65, s. 131(1)
  •  (1) Subsection 107(1.1) of the Act is repealed.

  • Marginal note:1988, c. 65, s. 131(2)

    (2) The portion of subsection 107(2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Idem

      (2) Every person who contravenes any provision of this Act, other than section 72, or of the regulations or any order of the Commission, other than an order for the payment of any money or apportionment of any loss, is guilty of an offence and

 Paragraph 115(b) of the Act is replaced by the following:

  • (b) despite anything in this Act, authorize and direct any minister of the Crown or any agency of the Government of Canada to exercise the powers in respect of the allocation of available railway cars contained in any provision of this Act, other than paragraph (a);

 
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