Short Title

1 These Regulations may be cited as the Advance Payments for Crops Regulations.

Interpretation

2 In these Regulations,

Act

Act means the Advance Payments for Crops Act; (Loi)

Minister

Minister means the Minister of Agriculture; (ministre)

organization

organization means an organization of producers to whom a guarantee has been given by the Minister under subsection 4(1) of the Act. (association)

• 2.1 (1) For the purposes of the definition crop in section 2 of the Act, the following field grown crops are prescribed:

  • (a) alfalfa seed;

  • (b) apples;

  • (c) cabbage;

  • (d) leeks;

  • (e) onions;

  • (f) pears;

  • (g) potatoes; and

  • (h) tobacco.

• (2) For the purposes of the definition crop year in section 2 of the Act, the following days are prescribed:

  • (a) in respect of maple syrup, April 16th; and

  • (b) in respect of corn, soybeans and sunflowers, September 15th.

Application

3 An application for an advance under the Act shall contain the following information:

• (a) the name of a broker or buyer to whom the applicant intends to sell the crop upon which the advance is to be made;

• (b) a statement with respect to the crop in respect of which the advance is to be made indicating

  • (i) that the crop is in storage and in good condition at the time of the application,

  • (ii) that there are no liens on the crop, and

  • (iii) that the aggregate of the advance for the crop and all other advances made to the applicant under the Act for any other crops does not exceed the maximum advance that the applicant is entitled to under the Act; and

• (c) a statement indicating whether or not the applicant is in default within the meaning of subsection 2(2) of the Act.

4 In addition to the information required by section 3, an application shall contain information that informs the producer

• (a) of the maximum monetary limits for advances under the Act;

• (b) that he may repay the advance directly, together with interest, if he decides not to sell his crop or for any reason decides not to have the buyer or broker withhold the amount of the advance;

• (c) of the latest date on which he may repay the advance without being in default under the Act, if a notice under paragraph 2(2)(a) of the Act is not sent to him; and

• (d) that the organization has a lien on the crop for the amount of the advance.

5 For the purposes of paragraph 5(e) of the Act, the date prescribed is

• (a) in the case of maple syrup, July 31st,

• (b) in the case of pears, October 31st,

• (c) in the case of rye, honey, barley, wheat and oats, November 15th,

• (d) in the case of onions and tobacco, November 30th,

• (e) in the case of rutabagas, potatoes, cabbage, beets, parsnips, canola, soybeans and leeks, December 31st, and

• (f) in the case of any other crop, December 31st

of the crop year, for that crop.

Rates

• 6 (1) Subject to subsections (2) and (3), for the purposes of subsection 10(2) of the Act, the rate per unit of crop set out in any column of Columns III to XI, as the case may be, of an item of the schedule in respect of a crop set out in Column I of that item for a unit set out in Column II of that item is prescribed for that crop in the crop year 1983-1984.

• (2) For the purposes of subsection 10(2) of the Act, the prescribed rate for apples for the crop year 1983-1984 is

  • (a) $0.035 per pound for Tri-County Packers Limited in the Province of Ontario; and

  • (b) $0.045 per pound for the Province of Ontario other than Tri-County Packers Limited.

• (3) For the purposes of subsection 10(2) of the Act, the prescribed rate for cabbages for the crop year 1983-1984 is

  • (a) $45 per tonne for the Fédération des producteurs maraîchers du Québec; and

  • (b) $55 per tonne for the Association des jardiniers maraîchers de la région de Montréal.

Collection Attempts

7 Where a producer is in default under the Act and is liable to an organization under section 8 of the Act, the organization shall, before making any claim under paragraph 12(1)(b) of the Act, make all reasonable collection attempts and, when requested to do so by the Minister, institute legal proceedings against the producer and prosecute the proceedings until judgment is obtained and executed for the default amount.

Guarantee Terms and Conditions

8 It is a term and condition of every guarantee given under subsection 4(1) of the Act that the organization will maintain books, records and accounts in a form satisfactory to the Minister, permit the inspection thereof by the Minister and, on request by the Minister, produce and deliver up any books, records or other documents related to the advances under the guarantee.