Agricultural Marketing Programs Act

Marginal note:Governor in Council regulations

• 40 (1) The Governor in Council may make regulations

  • (a) defining

    • (i) “supported” for the purposes of the definition “administrator” in subsection 2(1),

    • (ii) “non-processed” for the purposes of the definition “crop” in subsection 2(1), and

    • (iii) “continuously own” and “responsible for marketing” for the purposes of paragraph 10(1)(a);

  • (b) for determining for the purposes of paragraph 5(2)(a) what is a significant portion of a crop;

  • (c) for determining a method of calculating the administrator’s percentage mentioned in paragraph 5(3)(g), but the percentage must be at least 1% and not more than 15%;

  • (d) for determining a method of calculating the Minister’s percentage mentioned in paragraph 5(3)(i) and subsection 23(1);

  • (e) prescribing attributable percentages for the purposes of paragraphs 9(2)(c) and 20(2)(c);

  • (f) prescribing an amount for the purposes of subparagraph 10(2)(a)(iii);

  • (g) respecting the attempts to be made by an administrator to collect on a producer’s liability under section 22 before and after the administrator requests payment from the Minister under subsection 23(1);

  • (g.1) respecting the terms and conditions that must be met before a request for payment referred to in subsection 23(1) is made by a lender;

  • (h) for determining for the purposes of subsection 28(3) what is a significant portion of producers or agricultural product; and

  • (i) generally, for carrying out the purposes and provisions of this Act.

• Marginal note:Exception for crop years beginning in 1997 or 1998

  (2) Despite any regulations made under paragraph (1)(c), the administrator’s percentage for crop years beginning in 1997 or 1998 is 2%, except for crops for which the Board is the administrator, in which case the prescribed percentage is 0%.