Farm Products Agencies Act

Version of section 42 from 2002-12-31 to 2004-12-14:


Marginal note:Powers

  •  (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 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
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