Marketing Freedom for Grain Farmers Act (S.C. 2011, c. 25)
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Assented to 2011-12-15
Consequential and Related Amendments
R.S., c. C-49Advance Payments for Crops Act
Marginal note:1989, c. 26, s. 2
15. Section 3 of the Advance Payments for Crops Act is replaced by the following:
Marginal note:Application of Act
3. This Act applies in respect of crops grown in Canada.
1997, c. 20Agricultural Marketing Programs Act
Marginal note:1998, c. 17, s. 30
16. (1) The definitions “Board” and “permit book” in subsection 2(1) of the Agricultural Marketing Programs Act are repealed.
Marginal note:2006, c. 3, s. 1(3)
(2) Paragraph (b) of the definition “administrator” in subsection 2(1) of the Act is replaced by the following:
(b) an organization, other than a lender, that the Minister, taking into account any criteria prescribed by regulation, determines to be an organization that represents producers who produce, in an area, a significant portion of an agricultural product for which advances will be made; or
(3) The definition “marketing agency” in subsection 2(1) of the Act is amended by adding “or” at the end of paragraph (b), by striking out “or” at the end of paragraph (c) and by repealing paragraph (d).
Marginal note:2006, c. 3, ss. 8(1)(E) and (2), 9(E) and 10
17. The heading before section 13 and sections 13 to 18 of the Act are repealed.
Marginal note:2006, c. 3, s. 13
18. Section 24 of the Act is repealed.
19. Section 33 of the Act is repealed.
20. Section 46 of the Act is repealed.
21. Section 52 of the Act is repealed.
R.S., c. A-5Agricultural Products Cooperative Marketing Act
22. Paragraph (a) of the definition “agricultural product” in section 2 of the Agricultural Products Cooperative Marketing Act is replaced by the following:
(a) grain,
1998, c. 22An Act to amend the Canada Grain Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to repeal the Grain Futures Act
23. Section 17 of 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Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to repeal the Grain Futures Act is repealed.
R.S., c. G-10Canada Grain Act
24. (1) Paragraph (a) of the definition “lawfully” in section 2 of the Canada Grain Act is replaced by the following:
(a) in accordance with this Act, and
(2) The portion of the definition “lawfully” in section 2 of the Act after subparagraph (b)(iii) is replaced by the following:
deliverable by the owner of the grain, receivable by the public carrier for carriage to the elevator or consignee and receivable by the operator of the elevator or consignee, in accordance with this Act;
(3) Section 2 of the Act is amended by adding the following in alphabetical order:
“actual producer”
« producteur-exploitant »
“actual producer” means a person actually engaged in the production of grain;
“producer”
« producteur »
“producer” means, as well as an actual producer, any person entitled, as landlord, vendor or mortgagee or hypothecary creditor, to the grain produced by an actual producer or to any share of that grain;
25. (1) Paragraph 20(2)(d) of the Act is repealed.
(2) Paragraph 20(2)(g) of the French version of the Act is replaced by the following:
g) douze producteurs-exploitants de grain de l’Ouest;
(3) Paragraph 20(2)(h) of the Act is replaced by the following:
(h) any additional persons not exceeding four in number that the Commission considers advisable.
Marginal note:R.S., c. 37 (4th Supp.), s. 23(2)
26. (1) Paragraph 80(4)(a) of the Act is repealed.
Marginal note:R.S., c. 37 (4th Supp.), s. 23(2)
(2) Paragraph 80(4)(c) of the English version of the Act is replaced by the following:
(c) if the grain is grain other than grain referred to in paragraph (b), be the property of the Commission,
27. The Act is amended by adding the following after section 83:
Deductions
Marginal note:Deductions
83.1 (1) Any person required to issue a cash purchase ticket under this Act shall deduct from the amount payable under the ticket the prescribed amount per tonne of wheat or barley grown in the Western Division, and shall remit that amount to the prescribed agency.
Marginal note:Option
(2) A person entitled to a cash purchase ticket may, unless the regulations provide for the payment of refunds, opt out of the payment of deductions under subsection (1).
Marginal note:Distribution by agency
(3) A prescribed agency may use any amount it receives under subsection (1) for the purposes of
(a) research activities into new and improved grain varieties;
(b) the promotion of the marketing and use of grain grown in Canada;
(c) technical assistance relating to the use of grain grown in Canada; and
(d) covering the administrative costs that it incurs in applying this section.
Marginal note:Power to make regulations
83.2 (1) The Governor in Council may make regulations
(a) prescribing the amount to be deducted per tonne under section 83.1;
(b) prescribing an agency to which amounts are to be remitted under section 83.1;
(c) providing exemptions from the deduction under section 83.1;
(d) governing the opting out of the payment of deductions or providing for refunds of amounts deducted under section 83.1;
(e) requiring a person making a deduction under section 83.1 or the prescribed agency to report on its activities under that section; and
(f) respecting any other matter relating to the administration of section 83.1.
Marginal note:Distinctions
(2) Regulations made under subsection (1) may distinguish on the basis of type, class or grade of grain, or region where the grain was produced.
Marginal note:Ceasing to have effect
83.3 Sections 83.1 and 83.2 cease to have effect five years after the day on which this section comes into force.
Marginal note:1988, c. 65, s. 125; 1994, c. 45, s. 28(F)
28. Part V.1 of the Act is repealed.
Marginal note:1998, c. 22, s. 17
29. Subsection 88(1) of the Act is replaced by the following:
Marginal note:Inspection
88. (1) Subject to subsection (1.1), an inspector may, at any reasonable time, enter any elevator, any premises of the licensee of an elevator or any premises of a licensed grain dealer in which the inspector has reasonable grounds to believe there is any grain, grain product or screenings owned or possessed by the licensee or any books, records or other documents relating to the operation of the elevator or the business of the grain dealer and may
(a) examine the premises and any equipment, grain, grain products and screenings found in the premises; and
(b) examine any books, records, bills of lading and other documents that, on reasonable grounds, the inspector believes contain any information relevant to verifying compliance with this Act and make copies of them or take extracts from them.
Marginal note:1988, c. 65, s. 128
30. Paragraph 91(1)(g.1) of the Act is repealed.
Marginal note:1988, c. 65, s. 129
31. Section 105.1 of the Act is repealed.
Marginal note:1988, c. 65, s. 131(1)
32. (1) Subsection 107(1.1) of the Act is repealed.
Marginal note:1988, c. 65, s. 131(2)
(2) The portion of subsection 107(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Idem
(2) Every person who contravenes any provision of this Act, other than section 72, or of the regulations or any order of the Commission, other than an order for the payment of any money or apportionment of any loss, is guilty of an offence and
33. Paragraph 115(b) of the Act is replaced by the following:
(b) despite anything in this Act, authorize and direct any minister of the Crown or any agency of the Government of Canada to exercise the powers in respect of the allocation of available railway cars contained in any provision of this Act, other than paragraph (a);
Marginal note:1998, c. 17, ss. 32(1)(F) and (2)
34. Paragraphs 118(g) and (g.1) of the Act are replaced by the following:
(g) providing for the acceptance of deliveries of grain in the interests of producers; and
R.S., c. F-4; 1993, c. 3, s. 2Farm Products Agencies Act
Marginal note:1993, c. 3, par. 13(b)(F)
35. Subsection 16(1) of the Farm Products Agencies Act is replaced by the following:
Marginal note:Establishment of agencies
16. (1) The Governor in Council may, by order, establish an agency with powers relating to any farm product or farm products the marketing of which in interprovincial and export trade is not regulated under the Canadian Dairy Commission Act if the Governor in Council is satisfied that a majority of the producers of the farm product or of each of the farm products in Canada is in favour of the establishment of an agency.
R.S., c. L-10Livestock Feed Assistance Act
Marginal note:1991, c. 38, s. 24(1)
36. Paragraph 7(1)(a) of the Livestock Feed Assistance Act is replaced by the following:
(a) buy or enter into contracts or agreements for the purchase of feed grain;
R.S., c. P-18Prairie Grain Advance Payments Act
Marginal note:Repeal
37. The Prairie Grain Advance Payments Act is repealed.
R.S., c. S-8Seeds Act
Marginal note:1988, c. 65, s. 144
38. Section 4.1 of the Seeds Act is repealed.
Repeal
Marginal note:R.S., c. C-24
39. The Canadian Wheat Board Act is repealed.
Coming into Force
Marginal note:Order in council
40. 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
41. (1) The following definitions apply in this Part and in Parts 4 and 5.
“board”
« conseil »
“board” means the board of directors of the Corporation as defined in subection 2(1) of the Canadian Wheat Board (Interim Operations) Act.
“Corporation”
« Commission »
“Corporation” means the Canadian Wheat Board continued by subsection 4(1) of the Canadian Wheat Board (Interim Operations) Act.
“Minister”
« ministre »
“Minister” means the Minister of Agriculture and Agri-Food.
Marginal note:Words and expressions
(2) Unless it is otherwise provided, words and expressions used in this Part or in Part 4 or 5 have the same meaning as in the Canadian Wheat Board (Interim Operations) Act.
Marginal note:Submission to Minister
42. (1) The Corporation must submit an application for continuance under one of the following Acts for the Minister’s approval:
(a) the Canada Business Corporations Act;
(b) the Canada Cooperatives Act; or
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
43. The Corporation is not entitled to apply for continuance in another jurisdiction.
Coming into Force
Marginal note:Simultaneous coming into force
44. 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
45. 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
46. 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
47. (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.
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