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Marketing Freedom for Grain Farmers Act (S.C. 2011, c. 25)

Act current to 2022-09-22 and last amended on 2012-08-01. Previous Versions

Marketing Freedom for Grain Farmers Act

S.C. 2011, c. 25

Assented to 2011-12-15

An Act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain Acts

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

 This Act may be cited as the Marketing Freedom for Grain Farmers Act.

PART 1Operations of the Canadian Wheat Board During Preliminary Period

Amendments to the Canadian Wheat Board Act

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendments]

Transitional Provisions

 [Transitional Provision]

 [Transitional Provision]

PART 2Voluntary Pooling

Enactment of Canadian Wheat Board (Interim Operations) Act

Marginal note:Enactment

 The Canadian Wheat Board (Interim Operations) Act is enacted as follows:

[See Canadian Wheat Board (Interim Operations) Act]

Consequential and Related Amendments

Advance Payments for Crops Act

 [Amendment]

Agricultural Marketing Programs Act

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

Agricultural Products Cooperative Marketing Act

 [Amendment]

An Act to amend the Canada Grain Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to repeal the Grain Futures Act

 [Amendment]

Canada Grain Act

 [Amendments]

 [Amendments]

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendment]

Farm Products Agencies Act

 [Amendment]

Livestock Feed Assistance Act

 [Amendment]

Prairie Grain Advance Payments Act

 [Repeal]

Seeds Act

 [Amendment]

Repeal

 [Repeal]

Coming into Force

Marginal note:Order in council

Footnote * This Part comes into force on a day to be fixed by order of the Governor in Council.

PART 3Commercialization of the Canadian Wheat Board

Continuance

Marginal note:Definitions

Marginal note:Submission to Minister

  •  (1) The Corporation must submit an application for continuance under one of the following Acts for the Minister’s approval:

  • Marginal note:Deadline

    (2) The application must be submitted to the Minister within four years, or any shorter period specified by the Minister, after the day on which this Part comes into force.

  • Marginal note:Submission to applicable authorities

    (3) Once the application has been approved by the Minister, the Corporation must submit the application to the applicable authorities under the relevant Act.

  • Marginal note:Application not invalid

    (4) The application is not invalid solely because the Corporation is incorporated by an Act of Parliament.

Marginal note:Restriction

 The Corporation is not entitled to apply for continuance in another jurisdiction.

Coming into Force

Marginal note:Simultaneous coming into force

Footnote * This Part comes into force on the day on which Part 2 comes into force.

Ceasing to Have Effect

Marginal note:Ceasing to have effect

 This Part ceases to have effect on the day on which Part 4 applies.

PART 4Dissolution of the Canadian Wheat Board

Application

Marginal note:Application of Part

 This Part applies only if the Corporation is not continued under Part 3 within five years, or any shorter period specified by the Governor in Council, after the day on which that Part comes into force.

Final Pool Period

Marginal note:Final pool period

  •  (1) The Minister must, by order, in respect of each grain, designate one or more pool periods set by the Corporation under section 27 of the Canadian Wheat Board (Interim Operations) Act as a final pool period for the purposes of winding up the Corporation.

  • Marginal note:Final payment

    (2) The Corporation must make all payments due under subsection 29(3) of the Canadian Wheat Board (Interim Operations) Act in respect of the final pool period before winding up the Corporation under section 48.

  • Marginal note:Exercising powers

    (3) After the end of the final pool period, the Corporation may exercise its powers under the Canadian Wheat Board (Interim Operations) Act only for the purpose of administering that pool period and winding up the Corporation.

Distribution of Assets

Marginal note:Distribution of property

  •  (1) The property of the Corporation is to be applied in satisfaction of its debts and liabilities, and the charges, costs and expenses incurred in winding-up its affairs.

  • Marginal note:Clarification

    (2) For greater certainty, the contingency fund established under subsection 18(1) of the Canadian Wheat Board (Interim Operations) Act forms part of the property of the Corporation.

Marginal note:Deadline for claims

  •  (1) The Minister may fix a date by which all claims against the Corporation are to be submitted to the Corporation and must publish a notice of that date in the Canada Gazette at least 60 days before that date.

  • Marginal note:Failure to submit

    (2) Any claim against the Corporation that is not submitted in accordance with subsection (1) is void.

Marginal note:Winding-up expenses

 All charges, costs and expenses properly incurred in the winding-up of the Corporation, including the remuneration of any liquidator appointed under section 52, are payable out of the assets of the Corporation, in priority to all other claims.

Marginal note:Surplus

  •  (1) Any surplus that remains after the satisfaction of the debts and liabilities of the Corporation and the winding-up charges, costs and expenses belongs to Her Majesty in right of Canada.

  • Marginal note:Unsatisfied debts and liabilities

    (2) Any debts and liabilities of the Corporation that remain unsatisfied on the day on which the Corporation is dissolved become the debts and liabilities of Her Majesty in right of Canada.

Appointment of Liquidator

Marginal note:Appointment

 If the Minister considers it necessary to fully carry out the purpose of this Part, the Minister may appoint a liquidator, who is to hold office during pleasure, to administer the final pool period and wind up the Corporation.

Marginal note:Powers, duties and functions

 On appointment of a liquidator,

  • (a) the president, chairperson and other directors cease to hold their respective offices and the liquidator may exercise all of the powers and perform all the duties and functions of the Corporation; and

  • (b) the by-laws made under section 9 of the Canadian Wheat Board (Interim Operations) Act are deemed to be revoked.

Marginal note:Refusal to honour

 The liquidator may refuse to honour any gratuitous contract, or conveyance or contract without consideration or with a merely nominal consideration, respecting either real or personal property or immovables or movables, made by the Corporation before the appointment of the liquidator.

Dissolution Date

Marginal note:Dissolution

 The Corporation is dissolved on a day fixed by order of the Governor in Council.

PART 5Repeal of the Canadian Wheat Board (Interim Operations) Act

Application

Marginal note:Application of Part

 This Part applies when the Corporation is continued under Part 3 or dissolved under Part 4.

Transitional Provision

Marginal note:Library and Archives of Canada Act

 Despite sections 58 and 63, the Library and Archives of Canada Act continues to apply to the Corporation but only in respect of government records, as defined in that Act, that were under the control of the Corporation on the day before the day on which this Part applies.

Consequential Amendments

Access to Information Act

 [Amendment]

Canada Grain Act

 [Amendment]

Canada Transportation Act

 [Amendment]

Federal-Provincial Fiscal Arrangements Act

 [Amendment]

Payments in Lieu of Taxes Act

 [Amendment]

Privacy Act

 [Amendment]

Repeal

 [Repeal]

 
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