Agricultural Growth Act (S.C. 2015, c. 2)
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Assented to 2015-02-25
116. The portion of subsection 7(2) of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Issuance of notice of violation
(2) If a person designated under section 6 has reasonable grounds to believe that a person has committed a violation, the designated person may issue, and shall cause to be served on the person, a notice of violation that names the person, identifies the violation and
117. Subsection 11(3) of the English version of the Act is replaced by the following:
Marginal note:Deeming
(3) If a person does not, in the prescribed time and manner, either pay the amount referred to in paragraph (1)(a) or request a review under paragraph (1)(b), the person is deemed to have committed the violation identified in the notice of violation.
118. Subsection 15(2) of the French version of the Act is replaced by the following:
Marginal note:Prescription
(2) Le recouvrement de la créance se prescrit par cinq ans à compter de la date à laquelle elle est devenue exigible.
119. Section 26 of the Act is replaced by the following:
Marginal note:Limitation period
26. No proceedings in respect of a violation may be commenced later than
(a) six months after the day on which the subject matter of the proceedings arises, in the case of a minor violation; or
(b) two years after the day on which the subject matter of the proceedings arises, in the case of a serious violation or a very serious violation.
1997, c. 20AGRICULTURAL MARKETING PROGRAMS ACT
Marginal note:2011, c. 25, s. 16(2)
120. (1) Paragraph (b) of the definition “administrator” in subsection 2(1) of the Agricultural Marketing Programs 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 to which Part I applies; or
Marginal note:2006, c. 3, s. 1(3)
(2) Paragraph (b) of the definition “producer” in subsection 2(1) of the Act is replaced by the following:
(b) a corporation that is controlled by one or more of the persons or entities referred to in paragraphs (a), (c) and (d);
Marginal note:2006, c. 3, s. 1(3)
(3) The portion of the definition “producer” in subsection 2(1) of the Act after paragraph (d) is repealed.
(4) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
“program year”
« année de programme »
“program year”, in respect of an advance, means the period that is specified in the advance guarantee agreement and the repayment agreement that relates to the advance.
(5) Section 2 of the Act is amended by adding the following after subsection (1):
Marginal note:Interpretation
(2) For the purpose of paragraph (b) of the definition “producer” in subsection (1), a corporation is controlled by a person or entity if the corporation is controlled in any manner that results in control in fact, whether directly through the ownership of voting shares or indirectly through a trustee or other person who administers the property of another, a legal representative, an agent or mandatary or other intermediary acting as nominee or otherwise, a trust, a contract, the ownership of a corporation or otherwise.
Marginal note:2000, c. 12, s. 2
121. Subsections 3(2) and (3) of the Act are replaced by the following:
Marginal note:Presumption
(2) In the absence of proof to the contrary, a producer is presumed to be related to another producer in any of the following circumstances:
(a) the producer controls, directly or indirectly in any manner, the other producer;
(b) the producer is controlled, directly or indirectly in any manner, by the same person or group of persons as the other producer;
(c) the producer carries on a farming operation in partnership with the other producer;
(d) the producer shares any management services, administrative services, equipment, facilities or overhead expenses of a farming operation with the other producer, but is not in partnership with that other producer;
(e) any other circumstances set out in the regulations.
Definition of “group of persons”
(3) For the purposes of subsection (2), “group of persons” means a producer that is a partnership, cooperative or other association of persons.
122. The heading of Part I of the French version of the Act is replaced by the following:
PROGRAMME DE PAIEMENTS ANTICIPÉS
Marginal note:2006, c. 3, s. 2
123. Subsections 4.1(2) and (3) of the Act are replaced by the following:
Marginal note:Breeding animals
(2) Subject to any regulations made under paragraph (3)(b), animals that are or were used as breeding animals are not agricultural products that are subject to this Part.
Marginal note:Regulations
(3) The Governor in Council may make regulations
(a) designating any agricultural product as being subject to this Part; and
(b) designating any breeding animals or classes of breeding animals as being subject to this Part and respecting any conditions related to that designation.
Marginal note:2006, c. 3, s. 3(3)
124. (1) The portion of paragraph 5(3)(e) of the Act before subparagraph (iii) is replaced by the following:
(e) to take steps, in accordance with the advance guarantee agreement, to ensure that, before an advance is made
(i) in the case of an agricultural product that is storable,
(A) it is of marketable quality and stored so as to remain of marketable quality until disposed of in accordance with the repayment agreement, or
(B) if it is in the course of being produced or is not yet produced, either the amount of the advance is covered by a program listed in the schedule and the amounts that may be received under that program are assignable or the amount of the advance is covered by the security referred to in section 12,
(ii) in the case of an agricultural product that is not storable,
(A) it is of marketable quality and maintained so as to remain of marketable quality until disposed of in accordance with the repayment agreement and either the amount of the advance is covered by a program listed in the schedule and the amounts that may be received under that program are assignable or the amount of the advance is covered by the security referred to in section 12, or
(B) if it is in the course of being produced or is not yet produced, either the amount of the advance is covered by a program listed in the schedule and the amounts that may be received under that program are assignable or the amount of the advance is covered by the security referred to in section 12, and
(2) Paragraph 5(3)(g) of the Act is repealed.
(3) Paragraph 5(3)(h) of the Act is replaced by the following:
(h) to pay to the Minister any additional interest resulting from its failure to make payments required by paragraph (f);
(4) Paragraph 5(3)(i) of the Act is replaced by the following:
(h.1) after the administrator receives the payment of interest referred to in subparagraph 10(2)(a)(v), to pay to the Minister, within the period specified in the advance guarantee agreement, any interest paid by the Minister under subsection 9(1) on the amount of an advance that is repaid by a producer to the administrator without proof that the agricultural product has been sold;
(i) to pay to the Minister, within the period specified in the advance guarantee agreement, the amount repaid to the administrator under a repayment agreement by a defaulting producer if the Minister has previously made a payment for the producer under subsection 23(1) or (1.1); and
(j) to assign, on the Minister’s request and within any period that the Minister specifies, its rights and obligations under the advance guarantee agreement to any entity that the Minister specifies, if the administrator has not met all of its obligations under the agreement and the Minister has sent a notice to the administrator stating that the administrator has had, in the Minister’s opinion, adequate opportunity to meet the obligations, and requesting the administrator to meet them.
Marginal note:2008, c. 7, s. 2(2)
(5) Subsection 5(3.01) of the Act is replaced by the following:
Marginal note:Specific terms and conditions
(3.01) An advance guarantee agreement may include any of the following terms and conditions governing advances and their repayment:
(a) the administrator must agree to make advances to producers solely in the areas specified in the agreement;
(b) the administrator must agree to make advances to producers solely in relation to the agricultural product specified in the agreement;
(c) the producer must agree to inform the administrator of the producer’s participation in any program listed in the schedule; and
(d) the producer must agree to assign, if in default, any amounts payable to the producer under a program listed in the schedule to
(i) the administrator, to the extent of the producer’s liability under section 22, and
(ii) the Minister, to the extent of the producer’s liability under section 23.
Marginal note:Designation by Minister
(3.02) The Minister may designate, in the advance guarantee agreement with the administrator, agricultural products or classes of agricultural products with respect to which an amount of an advance may be repaid, without proof that the agricultural product has been sold, before the expiry of the production period for which the advance was made.
Marginal note:2006, c. 3, s. 3(4)
(6) Subsection 5(3.1) of the Act is replaced by the following:
Marginal note:Exception
(3.1) The terms described in paragraphs (3)(c) and (f) — and in paragraph (3)(h) in relation to payments required by paragraph (3)(f) — are not required if the Minister and an administrator are the only parties to the agreement.
(7) Subsection 5(4) of the Act is replaced by the following:
Marginal note:Recovery of costs
(4) The administrator may, subject to any terms and conditions of the advance guarantee agreement, charge fees to producers for the purpose of recovering any costs under this Part, including costs related to the recovery of outstanding amounts from producers who are in default under a repayment agreement and costs of receiving and dealing with applications for advances, administering advances and any other administrative services.
Marginal note:2006, c. 3, s. 3(5)
(8) Subsection 5(6) of the Act is replaced by the following:
Marginal note:Amounts withheld from advance
(6) The administrator may, with the Minister’s approval, withhold amounts from an advance made to a producer for a purpose authorized under the advance guarantee agreement.
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