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Farm Income Protection Act (S.C. 1991, c. 22)

Act current to 2021-06-28 and last amended on 2013-03-01. Previous Versions

Protection of Producers’ Income (continued)

Agreements (continued)

Marginal note:Tabling of agreement

  •  (1) With the concurrence of provinces party to the agreement, the Minister shall cause to be laid before Parliament every agreement made pursuant to section 4 within thirty days of it being made, or, if Parliament is not then sitting, not later than the thirtieth day thereafter that either House of Parliament is sitting.

  • Marginal note:Reference to committee

    (2) An agreement laid before Parliament pursuant to subsection (1) shall be automatically referred to the Standing Committee of the House of Commons on Agriculture.

Marginal note:Additional provisions respecting insurance programs

  •  (1) An agreement that provides for the establishment of a crop insurance program or gross revenue insurance program shall, in addition to the required elements referred to in subsection 5(1), provide for

    • (a) the nature of the losses that may be insured against, including losses arising when seeding or planting is prevented by an agricultural hazard, and the manner of determining those losses;

    • (b) the areas to which the insurance program extends in relation to an agricultural product;

    • (c) the manner of determining the probable yield and actual yield of an agricultural product in any risk area or in respect of any farm enterprise and the insured acreage thereof;

    • (d) the period during which the insurance in respect of an agricultural product is effective;

    • (e) particulars of insurance policies to be issued under the program;

    • (f) in the case of a crop insurance program, the manner of determining the percentage, not to exceed ninety per cent, of the probable yield of an agricultural product in any risk area or in respect of any farm enterprise that may be insured; and

    • (g) in the case of a reinsurance agreement, the portion of the premium receipts to be paid to the Crop Reinsurance Fund referred to in section 13.

  • Marginal note:Offsets between two insurance programs

    (2) Where one or more agreements with the same province or group of provinces provide for the establishment of a separate crop insurance program and a separate revenue insurance program, the agreement or at least one of the agreements, as the case may be, shall provide for the manner in which offsets between the two programs will be implemented.

  • Marginal note:Administration by province

    (3) An agreement that provides for the establishment of a gross revenue insurance program, a crop insurance program or a revenue insurance program shall

    • (a) where there is no reinsurance agreement, require that advances to the appropriate accounts be made when the balances in those accounts are not sufficient to make payments to producers in accordance with the terms and conditions of the program, and provide for the manner in which those advances are to be shared between Canada and the province and the manner in which they are to be reimbursed; and

    • (b) if any such program is to be administered by the province, contain a convenant by the province

      • (i) that it will establish an account for each such program for the payment of indemnities, and

      • (ii) that all premium receipts will be used only for

        • (A) the payment of indemnities under the program,

        • (B) the repayment to the province or Canada of any amounts paid or advanced by the province or Canada, out of funds not derived from the premium receipts, in payment of indemnities under insurance policies, and

        • (C) the reinsurance of the liabilities of the province pursuant to a reinsurance agreement, and the reinsurance by the province in any other manner of any portion of its liabilities under the insurance program that is not covered by a reinsurance agreement.

Marginal note:Additional elements respecting net income stabilization account programs

  •  (1) An agreement that provides for the establishment of a net income stabilization account program shall, in addition to the required elements referred to in subsection 5(1), provide for

    • (a) the eligible net sales, eligible production costs, gross margin and maximum eligible net sales, or the methods of determining the sales, costs and margin, that enable a producer to participate in the program;

    • (b) subject to subsection (2), the manner in which an account for each producer is to be established and the procedure for making deposits to and withdrawals from the account;

    • (c) the maximum balance of any such account;

    • (d) the maximum annual contribution of a producer; and

    • (e) the manner of determining the contribution to be made by Canada and the provinces, including any interest and bonus in respect of each producer’s account.

  • Marginal note:Division of account into two funds

    (2) The account for each producer participating in a net income stabilization program shall be composed of

    • (a) Fund No. 1, to which shall be credited all amounts paid by the producer in respect of the program; and

    • (b) Fund No. 2, to which shall be credited all amounts paid in respect of that producer by Canada or a province.

  • 1991, c. 22, s. 8
  • 2007, c. 35, s. 155

Marginal note:Amendments to agreement

  •  (1) Subject to this Act and the regulations, an agreement may be amended at any time with the consent of the Governor in Council.

  • Marginal note:Termination of agreement

    (2) An agreement may be terminated

    • (a) by the Minister, with the approval of the Governor in Council, where the Minister gives at least two years notice of the intention to terminate the agreement to each province that is a party to the agreement; or

    • (b) by mutual consent of the Minister, with the approval of the Governor in Council, and each such province.

  • Marginal note:Outstanding accounts

    (3) The expiration or termination of an agreement does not extinguish any account that is outstanding under the agreement between the parties thereto at the time of the expiration or termination and, in any agreement between those parties for a period immediately following the expiration or termination, provision shall be made for the continuation of that account.

Disclosure of Information

Marginal note:Social Insurance Number

  •  (1) Where so required by an agreement, every producer who enrols, directly or indirectly, as part of a body corporate or other entity, in a program under the agreement shall

    • (a) where a Social Insurance Number has not been assigned to the producer, submit an application, in such form as may be prescribed, for the assignment to the producer of a Social Insurance Number; and

    • (b) submit notification of the Social Insurance Number assigned to that producer, at the time of enrolling in the program or as soon as possible after the Number is assigned, as the case may be.

  • Marginal note:Assignment of number

    (2) The Minister shall, on application by a producer to whom a Social Insurance Number has not been assigned, cause a Social Insurance Number to be assigned to the producer.

  • Marginal note:Change of name

    (3) When, at any time, the name of a producer participating directly or indirectly as part of a corporation or other entity in a program under an agreement and to whom a Social Insurance Number has been assigned changes, by reason of marriage or otherwise, that producer shall inform the Minister of their new name within 60 days after the day on which the change of name becomes effective, unless the producer has already so informed another authority empowered to receive that information.

  • 1991, c. 22, s. 10
  • 2012, c. 19, s. 310

Marginal note:Disclosure of information

 Information submitted for the purposes of administering a program established under an agreement may be communicated, disclosed or made available to an official of the Canada Revenue Agency solely for the purposes of administering or enforcing the Income Tax Act.

  • 1991, c. 22, s. 11
  • 1999, c. 17, s. 159
  • 2005, c. 38, s. 138

Special Measures

Marginal note:Special Measures Committee

  •  (1) Where the Minister is of the opinion that exceptional circumstances exist that require that action be taken outside the scope of a program established under an agreement, the Minister may implement such procedures or other special measures as the Minister considers necessary to determine the appropriate action to be taken to remedy those circumstances, including the appointment of a committee, to be known as a Special Measures Committee, which shall consist of members representing Canada, the provinces concerned, producers and any other group of persons that the Minister considers appropriate.

  • Marginal note:Terms of appointment

    (2) The members of a Special Measures Committee may be appointed for such terms and may be paid such remuneration and expenses as are fixed by the Minister.

  • Marginal note:Reference by Minister

    (3) The Minister may make a reference to a Special Measures Committee where the Minister considers that special circumstances exist that require the examination or analysis of a situation affecting producers of an agricultural product in any region of Canada.

  • Marginal note:Mandate

    (4) A Special Measures Committee

    • (a) shall, on a reference made pursuant to subsection (3), examine or analyse the situation and shall submit a report, at the time, in the manner and to the persons specified by the Minister in the terms of reference of the examination or analysis, containing any recommendation with respect to any program established under an agreement or any other recommendation, including farm adjustment measures or measures to encourage improved farm management, that the Committee considers appropriate in the circumstances; and

    • (b) may exercise such powers and shall perform such other duties and functions as are specified by the Minister.

  • Marginal note:Order in Council

    (5) The Governor in Council may, by order, authorize the Minister to enter into an agreement with one or more provinces, or to take any other appropriate action, that the Governor in Council deems to be necessary for the purpose of assisting producers of agricultural products following the implementation of any procedures or other special measures pursuant to subsection (1).

  • Marginal note:Preference to existing programs

    (6) In acting pursuant to an authorization referred to in subsection (5), the Minister shall, whenever possible, take action within the scope of a program established under an agreement.

  • Marginal note:Tabling of order

    (7) The Minister shall, as soon as possible after an order is made pursuant to subsection (5), cause a copy of the order to be laid before each House of Parliament.

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