Farm Products Agencies Act (R.S.C., 1985, c. F-4)

Objects and Powers

Marginal note:Objects

21 The objects of an agency are

• (a) to promote a strong, efficient and competitive production and marketing industry for the regulated product or products in relation to which it may exercise its powers; and

• (b) to have due regard to the interests of producers and consumers of the regulated product or products.

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

  • (a) purchase any regulated product in relation to which it may exercise its powers and any farm product, wherever grown or produced that is of the same kind as the regulated product in relation to which it may exercise its powers, and package, process, store, ship, insure, export or sell or otherwise dispose of any such product purchased by it;

  • (b) implement a marketing plan the terms of which are set out in the proclamation establishing it or in any subsequent proclamation issued under subsection 17(2) in respect of it;

  • (c) prepare and submit to the Council

    • (i) a marketing plan, if it is not empowered to implement a marketing plan, or

    • (ii) any amendments to the marketing plan that the agency is empowered to implement,

    that it considers appropriate for the attainment of its objects;

  • (d) undertake and assist in the promotion of the consumption and use of any regulated product in relation to which it may exercise its powers, the improvement of the quality and variety thereof and the publication of information in relation thereto;

  • (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;

  • (f) where it is empowered to implement a marketing plan, make such orders and regulations as it considers necessary in connection therewith, but all such orders and regulations shall, in the case of orders and regulations that are of a class to which paragraph 7(1)(d) is made applicable, be submitted to the Council before the making thereof, and in any other case, be submitted to the Council either before or after the making thereof and

    • (i) any order or regulation that is submitted to the Council before the making thereof and that is thereafter made before the Council approves the order or regulation is of no force or effect, and

    • (ii) any order or regulation that is submitted to the Council after the making thereof and that is set aside by order of the Council thereupon ceases to be of any force or effect;

  • (g) by order, require any person designated by it who is engaged in the marketing of any regulated product in relation to which it may exercise its powers, or any person who is a member of a class of persons designated by it and who is so engaged, to deduct from any amount payable by that person to any other person engaged in the production or marketing of the regulated product any amount payable to the agency by the other person by way of licence fees, levies or charges provided for in any marketing plan that the agency is authorized to implement and to remit all amounts so deducted to the agency;

  • (h) purchase, lease or otherwise acquire and hold, mortgage, hypothecate, sell or otherwise deal with any real property or immovable;

  • (i) establish branches or employ agents or mandataries in Canada or elsewhere;

  • (j) expend any money received by it through the conduct of its operations, whether by way of licence fees, levies or charges paid by persons engaged in the production or marketing of any regulated product in relation to which it may exercise its powers or otherwise;

  • (k) invest any money in its possession or control that in its opinion is not immediately required for the purposes of its operations, in securities of or guaranteed by the Government of Canada and sell any securities so acquired by it and reinvest the proceeds thereof or any part thereof in like manner;

  • (l) borrow money on the credit of the agency and on the security of any regulated product or other property held by it;

  • (m) undertake to advertise and promote and do research into new markets for the establishment of greater sales; and

  • (n) do all such other things as are necessary or incidental to the exercise of any of its powers or the carrying out of any of its functions under this Act.

• 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:Where marketing plan makes allocation

• 23 (1) A marketing plan, to the extent that it allocates any production or marketing quota to any area of Canada, shall allocate that quota on the basis of the production from that area in relation to the total production of Canada over a period of five years immediately preceding the effective date of the marketing plan.

• Marginal note:Idem

  (2) In allocating additional quotas for anticipated growth of market demand, an agency shall consider the principle of comparative advantage of production.

General

Marginal note:Employment of staff

24 An agency may employ such officers and employees as it considers necessary for the proper conduct of its activities.

Marginal note:Agency may make by-laws

25 An agency may make by-laws

• (a) respecting the calling of meetings of the agency;

• (b) respecting the conduct of business at meetings of the agency and the establishment of committees thereof, the delegation of duties to those committees and the fixing of quorums for meetings of the agency and any committee thereof;

• (c) subject to the approval of the Council, fixing the fees to be paid to members of the agency other than any members who are paid salaries, for attendances at meetings of the agency or any committee thereof, and the travel and living expenses to be paid to the members of the agency and the members of any consultative or advisory committee of the agency;

• (d) subject to the approval of the Council, respecting the establishment, management and administration of a pension fund for the members, officers and employees of the agency and their dependants, the contributions thereto to be made by the agency and the investment of the pension fund moneys thereof;

• (e) respecting the duties and conduct of the members of the agency;

• (f) prescribing the duties of officers and employees of the agency and the terms and conditions of their employment including the remuneration to be paid to them by the agency;

• (g) for the establishment of consultative or advisory committees consisting of members of the agency or persons other than members or both; and

• (h) generally for the conduct and management of the affairs of the agency.

Marginal note:Not agent of Her Majesty

26 An agency is not an agent of Her Majesty, and the chairman and the other members of an agency and the officers and employees thereof are not part of the federal public administration.

Financial

Marginal note:Conduct of financial operations

27 Subject to subsection 28(1), an agency shall conduct its operations on a self-sustaining financial basis without appropriations therefor by Parliament.

Marginal note:Payment by Minister of Finance

• 28 (1) The Minister of Finance may, out of the Consolidated Revenue Fund, on the requisition of the Minister, make grants to an agency not exceeding in the aggregate one hundred thousand dollars to enable the agency to meet initial operating and establishment expenses.

• Marginal note:Limitation

  (2) The aggregate amount of grants made under subsection (1) shall not exceed one million dollars.

Marginal note:Audit

29 The accounts and financial transactions of each agency shall be audited annually by an auditor appointed by the Governor in Council and a report of each audit shall be made to the appropriate agency, the Council and the Minister.

Annual Report

Marginal note:Report to Parliament

30 An agency shall, within three months after the end of each fiscal year, submit to the Council and the Minister a report in such form as the Minister may direct on its activities for that fiscal year and the Minister shall cause the report to be laid before Parliament within fifteen days after the receipt thereof, or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting.

Agreements

Marginal note:Federal-provincial agreements

31 With the approval of the Governor in Council, the Minister may, on behalf of the Government of Canada, enter into an agreement with any province providing for the performance by an agency on behalf of the province of functions relating to intraprovincial trade in a regulated product or products in relation to which the agency may exercise its powers and for such other matters relating thereto as may be agreed on by the Minister and the government of the province.

Marginal note:Competition Act not to apply

32 Nothing in the Competition Act applies to any contract, agreement or other arrangement between an agency and any person or persons engaged in the production or marketing of a regulated product where the agency has authority under this or any other Act, under a proclamation issued under this Act or under an agreement entered into pursuant to section 31 of this Act to enter into such an arrangement.

Inspectors

Marginal note:Inspectors

33 The Minister, on the recommendation of an agency, may designate any qualified person as an inspector for the purposes of this Act.

Marginal note:Powers of inspectors

• 34 (1) An inspector may at any reasonable time enter any place that the inspector believes on reasonable grounds is occupied, other than a dwelling-house or any part of a place that is designed to be used and is being used as a permanent or temporary dwelling-house, and in which the inspector believes on reasonable grounds there is any regulated product produced for, or intended to be marketed in, interprovincial or export trade and examine any books, records or other documents in that place that the inspector believes on reasonable grounds contain any information relating to the regulated product and make copies thereof or take extracts therefrom, and may require any person to produce, for inspection, or for the purpose of obtaining copies thereof or extracts therefrom, any books, records or documents relating to that product that are located in any other place.

• Marginal note:Certificate to be produced

  (2) An inspector shall be furnished with a certificate of designation and on entering any place referred to in subsection (1) shall, if so requested, produce the certificate to any person in charge thereof.

• Marginal note:Assistance to inspectors

  (3) The owner or person in charge of any place referred to in subsection (1) and every person found in that place shall give an inspector all reasonable assistance to enable the inspector to carry out their duties and functions under this Act and shall furnish the inspector with any information with respect to any regulated product found in that place that the inspector may reasonably require.