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

Assented to 2011-12-15

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

SUMMARY

Part 1 of this enactment amends the Canadian Wheat Board Act to change the governance structure of the Canadian Wheat Board and to make other changes in preparation for the implementation of Parts 2 and 3. Part 2 replaces the Canadian Wheat Board Act with a new Act that continues the Canadian Wheat Board and charges it with the marketing of grain through voluntary pooling. Part 3 provides for the possible continuation of the Board under other federal legislation, while Part 4 provides for its winding up if no such continuation occurs. Finally, Part 5 provides for the repeal of the new Act enacted by Part 2.

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

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

PART 1

OPERATIONS OF THE CANADIAN WHEAT BOARD DURING PRELIMINARY PERIOD

Marginal note:R.S., c. C-24

Amendments to the Canadian Wheat Board Act

Marginal note:1998, c. 17, s. 3

2. Subsection 3.01(2) of the Canadian Wheat Board Act is replaced by the following:

  • Marginal note:Composition of the board

    (2) The board consists of five directors, including a chairperson and a president.

Marginal note:1998, c. 17, s. 3

  • 3. (1) Subsection 3.02(1) of the Act is replaced by the following:

    Marginal note:Directors

    • 3.02 (1) Four directors are appointed by the Governor in Council on the recommendation of the Minister. The president is appointed by the Governor in Council in accordance with section 3.09.

  • Marginal note:1998, c. 17, s. 3

    (2) Subsection 3.02(4) of the Act is repealed.

Marginal note:1998, c. 17, s. 3

4. Subsection 3.04(3) of the French version of the Act is replaced by the following:

  • Marginal note:Absence ou empêchement

    (3) En cas d’absence ou d’empêchement du président du conseil, le conseil peut désigner l’un des administrateurs pour assurer l’intérim.

Marginal note:1998, c. 17, s. 3

5. Paragraph 3.05(c) of the Act is repealed.

Marginal note:1998, c. 17, s. 3

6. The heading before section 3.06 and sections 3.06 to 3.08 of the Act are repealed.

7. Section 3.12 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Deemed best interests

    (1.1) Any act taken by a director or officer of the Corporation for the purpose of facilitating the implementation of Part 2 or 3 of the Marketing Freedom for Grain Farmers Act is deemed to be in the best interests of the Corporation.

8. Section 3.13 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Advance of costs

    (1.1) The Corporation may advance moneys to any individual referred to in subsection (1) for the costs, charges and expenses of an action or proceeding referred to in that subsection unless there are reasonable grounds to believe that the individual does not fulfil the conditions set out in paragraph (1)(a) or (b). The individual must repay the moneys if he or she does not fulfil those conditions.