PART IIFarm Products Marketing Agencies (continued)
Objects and Powers (continued)
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.
(2) In allocating additional quotas for anticipated growth of market demand, an agency shall consider the principle of comparative advantage of production.
- 1970-71-72, c. 65, s. 24
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.
- 1970-71-72, c. 65, s. 25
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.
- 1970-71-72, c. 65, s. 26
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.
- R.S., 1985, c. F-4, s. 26
- 2003, c. 22, s. 224(E)
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.
- 1970-71-72, c. 65, s. 28
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.
(2) The aggregate amount of grants made under subsection (1) shall not exceed one million dollars.
- 1970-71-72, c. 65, s. 29
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.
- 1970-71-72, c. 65, s. 30
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.
- 1970-71-72, c. 65, s. 31
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.
- 1970-71-72, c. 65, s. 32
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.
- R.S., 1985, c. F-4, s. 32
- R.S., 1985, c. 19 (2nd Supp.), s. 50
33 The Minister, on the recommendation of an agency, may designate any qualified person as an inspector for the purposes of this Act.
- 1970-71-72, c. 65, s. 34
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.
- R.S., 1985, c. F-4, s. 34
- 1993, c. 3, ss. 11, 13(F)
- 2015, c. 3, s. 89(E)
Marginal note:Obstruction of inspectors
35 (1) No person shall obstruct or hinder an inspector engaged in carrying out their duties and functions under this Act.
Marginal note:False statements
(2) No person shall knowingly make a false or misleading statement, either orally or in writing, to an inspector engaged in carrying out their duties and functions under this Act.
- R.S., 1985, c. F-4, s. 35
- 2015, c. 3, s. 90(E)
Recovery of Debts Due an Agency
Marginal note:Licence fees, levies and charges
36 Where a marketing plan provides for licence fees or levies or charges payable by persons engaged in the production of a regulated product, or the marketing thereof, and any such licence fee, levy or charge remains unpaid after the time provided in the plan at which it was due and payable to an agency, the licence fee, levy or charge constitutes a debt payable to the agency and may be sued for and recovered as such by the agency in any court of competent jurisdiction.
- 1970-71-72, c. 65, s. 37
Offences and Punishment
Marginal note:Contravention of Act, regulation, etc.
37 (1) Every person who
(a) contravenes any provision of this Act or of a marketing plan that an agency is authorized to implement,
(b) fails to comply with a requirement of the Council under paragraph 7(1)(h) or (i) that is applicable to that person, or
(c) contravenes any order or regulation made by an agency under paragraph 22(1)(f) or (g) that has been approved by the Council,
is guilty of an offence and liable on summary conviction to a fine not exceeding five thousand dollars.
Marginal note:Offence by employee, etc.
(2) In any prosecution for an offence under this section, it is sufficient proof of the offence to establish that it was committed by an employee, or an agent or a mandatary, of the accused whether or not the employee, or agent or mandatary, is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.
Marginal note:Limitation period
(3) Any proceedings by way of summary conviction in respect of an offence under this section may be instituted at any time within but not later than one year after the time when the subject-matter of the proceedings arose.
Marginal note:Evidence as to geographical origin
(4) In any prosecution for an offence under this section,
(a) the act or omission complained of in respect of which the prosecution was instituted shall, unless the contrary is established, be deemed to relate to the production or marketing of a farm product in interprovincial or export trade or to the duties of a person engaged in the production or marketing thereof; and
(b) any farm product referred to in the information laid in respect of the offence shall, unless the contrary is established, be deemed to have been grown or produced in Canada or in the particular province or region in Canada, if any, alleged in the information.
- R.S., 1985, c. F-4, s. 37
- 1993, c. 3, s. 13(F)
- 2004, c. 25, s. 141
- 2015, c. 3, s. 91(E)
Winding-up of Agencies
Marginal note:Winding-up of an agency
38 The Governor in Council may order any agency established pursuant to this Act to wind up its affairs and may by proclamation dissolve any agency in respect of which such an order has been made, but an order or proclamation under this section becomes effective only on the expiration of ninety days after the date of publication thereof in the Canada Gazette.
- 1970-71-72, c. 65, s. 39
PART IIIFarm Products Promotion and Research Agencies
Marginal note:Establishment of agencies
39 (1) The Governor in Council may, by proclamation, establish a promotion-research agency with powers relating to one or more farm products, where the Governor in Council is satisfied that 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 to which the proclamation relates, is in favour of the establishment of such an agency.
(2) The Governor in Council, in order to determine whether the majority referred to in subsection (1) is in favour of establishing an agency with powers relating to one or more farm products, may request that each province concerned carry out a plebiscite of the producers or the producers and importers, as the case may be.
Marginal note:Agencies to be bodies corporate
(3) An agency established pursuant to this Part is a body corporate.
- 1993, c. 3, s. 12
Marginal note:Contents of proclamation
40 (1) A proclamation establishing an agency shall
(a) designate the farm products in relation to which, and, where applicable, the region of Canada within which, the agency may exercise its powers;
(b) designate any of the powers set out in section 42 that are not vested in the agency;
(c) set out the terms of any promotion and research plan that the agency is empowered to implement;
(d) state the corporate name of the agency and the place in Canada where the head office of the agency is to be situated; and
(e) subject to subsections (2) to (4), fix the number of members of the agency and provide for the manner of appointment of members and temporary substitute members and the term of their appointment if the manner and term are to be other than as provided in subsection 18(1).
Marginal note:Number of members of agency
(2) The number of members of an agency shall be not less than three and not more than sixteen.
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,
(a) primary producers of those farm products, and
(b) importers of those farm products,
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.
(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.
- 1993, c. 3, s. 12
41 The object of an agency is to promote a strong, efficient and competitive industry for the regulated products in relation to which it may exercise its powers by promoting the marketing and production of the products and by conducting and promoting research activities relating thereto, having due regard to the interests of producers and consumers and, where applicable, importers of the regulated products.
- 1993, c. 3, s. 12
42 (1) Subject to the proclamation by which it is established and any amendment thereto, an agency may
(a) implement a promotion and research plan the terms of which are set out in the proclamation;
(b) prepare and submit to the Council
(i) a promotion and research plan, if it is not empowered to implement a promotion and research plan, or
(ii) any amendments to the promotion and research plan that the agency is empowered to implement,
that it considers appropriate for the attainment of its object;
(c) 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;
(d) where it is empowered to implement a promotion and research 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;
(e) by order, require any person designated by it, or any person who is a member of a class of persons designated by it, who is engaged in the marketing or importing of any regulated product in relation to which it may exercise its powers to deduct from any amount payable by that person to any other person engaged in the production, marketing or importation of the regulated product any amount payable to the agency by the other person by way of levies or charges provided for in any promotion and research plan that the agency is authorized to implement and to remit all amounts so deducted to the agency;
(f) refund, in accordance with the promotion and research plan, any amount remitted to the agency under an order made under paragraph (e);
(g) undertake research activities with respect to, and advertise and promote in any other manner, the regulated products in relation to which it may exercise its powers;
(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 levies or charges paid by persons engaged in the production, marketing or importing 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; and
(m) 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 Part.
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.
- 1993, c. 3, s. 12
- 2001, c. 4, s. 83
- 2004, c. 25, s. 142
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