Farm Products Agencies Act

Version of section 17 from 2002-12-31 to 2015-02-25:


Marginal note:Contents of proclamation

  •  (1) A proclamation establishing an agency shall

    • (a) designate the farm product or farm products in relation to which the agency may exercise its powers and indicate whether those powers may be exercised in relation to

      • (i) any such product or products to the extent that it is or they are grown or produced anywhere in Canada, or

      • (ii) any such product or products to the extent that it is or they are grown or produced in any region of Canada designated in the proclamation, or in any such region and anywhere in Canada outside that region for shipment into that region in interprovincial trade and not for export;

    • (b) designate any of the powers set out in section 22 that are not vested in the agency;

    • (c) set out the terms of any marketing plan that the agency is empowered to implement;

    • (d) state the corporate name of the agency and the place within Canada where the head office of the agency is situated; and

    • (e) fix the number of members of the agency, which shall be not less than three and not more than sixteen at least a majority of whom shall be primary producers, 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:Alteration

    (2) The Governor in Council may, by proclamation,

    • (a) designate any farm product or farm products, in respect of which he is authorized under subsection 16(1) to establish an agency, as an additional product or products in relation to which an agency previously established pursuant to that subsection may exercise its powers and indicate whether those powers may be exercised in relation to

      • (i) any such product or products to the extent that it is or they are grown or produced anywhere in Canada, or

      • (ii) any such product or products to the extent that it is or they are grown or produced in any region of Canada designated in the proclamation, or in any such region and anywhere in Canada outside that region for shipment into that region in interprovincial trade and not for export;

    • (b) vest in an agency any powers set out in section 22 that were withheld from it at the time it was established, and where the proclamation vests in the agency the power to implement a marketing plan, the terms thereof shall be set out in the proclamation;

    • (c) amend the terms of a marketing plan that an agency is empowered to implement or withdraw any of the powers set out in section 22 that were previously vested in the agency;

    • (d) change the name of an agency or the place within Canada where the head office of the agency is situated;

    • (e) increase or decrease the number of members of an agency but not so as to increase the number above sixteen or decrease it below three; or

    • (f) provide for the manner of appointment of members and temporary substitute members of an agency and a term of appointment of those members that varies from the manner and term provided in subsection 18(1) or from the manner and term provided in the proclamation establishing the agency.

  • Marginal note:Limitation

    (3) A proclamation referred to in subsection (1) or (2) that designates a farm product other than tobacco, eggs or poultry or any part of tobacco, eggs or poultry shall not set out as a term of the marketing plan that an agency is empowered to implement any term that would enable the agency to fix and determine the quantity in which any regulated product could be marketed in interprovincial or export trade by persons engaged in the marketing thereof.

  • R.S., 1985, c. F-4, s. 17;
  • 1993, c. 3, ss. 9, 13(F).
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