1 This Act may be cited as the Farm Products Agencies Act .
Marginal note: Definitions
2 In this Act,
means the National Farm Products Council established by section 3; ( Conseil )
, in relation to any farm product that is not a regulated product, includes selling and offering for sale and buying, pricing, assembling, packing, processing, transporting, storing and any other act necessary to prepare the product in a form or to make it available at a place and time for purchase for consumption or use and, in relation to a regulated product, includes only such of the above acts as are specified in the marketing plan or promotion and research plan, as the case may be, relating to the regulated product; ( commercialisation )
means an agency established pursuant to subsection 16(1); ( office de commercialisation )
means a plan relating to the promotion, regulation and control of the marketing of any regulated product in interprovincial or export trade that includes provision for all or any of the following:
means the Minister of Agriculture and Agri-Food; ( ministre )
means a plan respecting the promotion of the marketing or production of any regulated product for the purposes of interprovincial, export or import trade and respecting research activities related to the regulated product that includes provision for all or any of the following:
means an agency established pursuant to section 39; ( office de promotion et de recherche )
includes development. ( recherche )
Marginal note: Council established
Marginal note: Chairman to preside
4 The chairman of the Council shall preside at meetings of the Council but in the event of the absence or incapacity of the chairman, or if the office of chairman is vacant, the vice-chairman of the Council shall act as chairman for the time being.
Marginal note: Salaries and fees
Marginal note: Duties of Council
Marginal note: Powers of Council
and report its recommendations to the Minister, including the terms of an appropriate marketing plan or promotion and research plan where, in its opinion, it is appropriate that an agency be vested with power to implement such a plan in relation to the farm products to which the inquiry relates;
Marginal note: Where hearing to be held
Marginal note: Public notice
9 The Council shall give notice of any public hearing under section 8 and of the matters to be considered thereat in the Canada Gazette and in one or more newspapers and farm journals in general circulation throughout all of Canada and in particular in those areas of Canada where, in the opinion of the Council, there are persons who are likely to be interested in the matters to be considered thereat.
Marginal note: Rules of procedure
10 The Council may make rules respecting the conduct of public hearings under section 8 and generally respecting the conduct of business of the Council in relation thereto.
Marginal note: Head office
11 The head office of the Council shall be in the National Capital Region described in the schedule to the National Capital Act or at such other place in Canada as may be designated by the Governor in Council.
Marginal note: By-laws
12 The Council may make by-laws
Marginal note: Staff
13 Officers and employees necessary for the proper conduct of the business of the Council shall be appointed in the manner authorized by the Public Service Employment Act .
Marginal note: Superannuation
14 Any member of the Council who, under the terms of their appointment, is required to devote the whole of their time to the performance of their duties as a member is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act .
Marginal note: Report to Parliament
15 The Council shall, within three months after the end of each fiscal year, submit to 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.
Marginal note: Establishment of agencies
Marginal note: Contents of proclamation
Marginal note: Appointment
Marginal note: Chairman
19 The chairman of an agency shall preside at meetings of the agency but in the event of the absence or incapacity of the chairman, or if the office of chairman is vacant, the vice-chairman of the agency shall act as chairman for the time being.
Marginal note: Salaries and fees
Marginal note: Objects
21 The objects of an agency are
Marginal note: Powers
that it considers appropriate for the attainment of its objects;
Marginal note: Where marketing plan makes allocation
Marginal note: Employment of staff
24 An agency may employ such officers and employees as it considers necessary for the proper conduct of its activities.
Marginal note: Agency may make by-laws
25 An agency may make by-laws
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.
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.
Marginal note: Payment by Minister of Finance
Marginal note: Audit
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.
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.
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.
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.
Marginal note: Inspectors
33 The Minister, on the recommendation of an agency, may designate any qualified person as an inspector for the purposes of this Act.
Marginal note: Powers of inspectors
Marginal note: Obstruction of inspectors
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.
Marginal note: Contravention of Act, regulation, etc.
is guilty of an offence and liable on summary conviction to a fine not exceeding five thousand dollars.
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 .
Marginal note: Establishment of agencies
Marginal note: Contents of proclamation
and the number of representatives of each such group within that majority shall, subject to there being at least one of each group, be in proportion to the share of each such group in the aggregate of the total intraprovincial, interprovincial and import trade in all of those products and, where the agency is authorized by proclamation to exercise its powers in relation to one or more farm products in export trade, the export trade in all of those farm products.
Marginal note: Object
41 The object of an agency is to promote a strong, efficient and competitive industry for the regulated products in relation to which it may exercise its powers by promoting the marketing and production of the products and by conducting and promoting research activities relating thereto, having due regard to the interests of producers and consumers and, where applicable, importers of the regulated products.
Marginal note: Powers
that it considers appropriate for the attainment of its object;
Marginal note: Application of certain provisions of Part II
Marginal note: Levies and charges
44 Where a promotion and research plan provides for levies or charges payable by persons who are engaged in the production or importation of a regulated product, or the marketing thereof, and any such levy or charge remains unpaid after the time provided in the plan at which it was due and payable to an agency, the 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.
Marginal note: Offences and punishment
is guilty of an offence punishable on summary conviction and liable to a fine not exceeding five thousand dollars.
Marginal note: Information obtained under Customs Act
46 An agency may authorize any person or person within a class of persons to receive customs information as defined in subsection 107(1) of the Customs Act and, subject to any conditions that the agency may specify, a person so authorized is legally entitled to the information.