PART IIFarm Products Marketing Agencies (continued)
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
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.
(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
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