Farm Products Agencies Act (R.S.C., 1985, c. F-4)

Short Title

Marginal note:Short title

1 This Act may be cited as the Farm Products Agencies Act.

Interpretation

Marginal note:Definitions

2 In this Act,

agency

agency means

• (a) for the purpose of Part I, a marketing agency or a promotion-research agency,

• (b) for the purpose of Part II, a marketing agency, and

• (c) for the purpose of Part III, a promotion-research agency; (office)

Council

Council means the National Farm Products Council established by section 3; (Conseil)

farm product

farm product means

• (a) for the purpose of Part I, any natural product of agriculture, whether processed or unprocessed, and any part of any such product,

• (b) for the purpose of Part II,

  • (i) eggs and poultry, and any part of any such product, and

  • (ii) any other natural product of agriculture and any part of any such product in respect of which the Governor in Council is satisfied, as a result of declarations by provincial governments following plebiscites, or otherwise, that the majority of the producers thereof in Canada is in favour of the establishment of a marketing agency with powers relating to that product, and

• (c) for the purpose of Part III, any natural product of agriculture, whether processed or unprocessed, and any part of any such product; (produit agricole ou produit de ferme)

marketing

marketing, 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)

marketing agency

marketing agency means an agency established pursuant to subsection 16(1); (office de commercialisation)

marketing plan

marketing plan 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:

• (a) the determination of those persons engaged in the growing or production of the regulated product for interprovincial or export trade and the exemption of any class of persons so engaged from the marketing plan or any aspect thereof,

• (b) the specification of those acts that constitute the marketing of the regulated product and of those persons engaged in its marketing, as so specified, in interprovincial or export trade, and for the exemption of any class of persons so engaged from the marketing plan or any aspect thereof,

• (c) the marketing of the regulated product on a basis that enables the agency that is implementing the plan to fix and determine the quantity, if any, in which the regulated product or any variety, class or grade thereof may be marketed in interprovincial or export trade by each person engaged in the marketing thereof and by all persons so engaged, and the price, time and place at which the regulated product or any variety, class or grade thereof may be so marketed,

• (d) the pooling of receipts from the marketing of the regulated product or any variety, class or grade thereof in interprovincial or export trade and the operation of pool accounts including provision for a system of initial, interim and final payments to producers and deduction from the pool of the expenses of the operation thereof,

• (e) a system for the licensing of persons engaged in the growing or production of the regulated product for, or the marketing thereof in, interprovincial or export trade, including provision for fees, other than fees related to the right to grow the regulated product, payable to the appropriate agency by any such person in respect of any licence issued to such person and for the cancellation or suspension of any such licence where a term or condition thereof is not complied with, and

• (f) the imposition and collection by the appropriate agency of levies or charges from persons engaged in the growing or production of the regulated product or the marketing thereof and for such purposes classifying those persons into groups and specifying the levies or charges, if any, payable by the members of each group; (plan de commercialisation)

Minister

Minister means the Minister of Agriculture and Agri-Food; (ministre)

promotion and research plan

promotion and research plan 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:

• (a) the determination of those persons engaged in the growing, production, processing or importation of the regulated product for interprovincial, export or import trade and the exemption from the plan or any aspect thereof of any class of persons so engaged,

• (b) the specification of those acts that constitute the marketing of the regulated product and of those persons engaged in its marketing, as so specified, in interprovincial or export trade, and for the exemption from the plan or any aspect thereof of any class of persons so engaged, and

• (c) the imposition, collection and refunding by the appropriate agency of levies or charges from persons engaged in the growing, production or importation of the regulated product or the marketing thereof and for such purposes classifying those persons into groups and specifying the levies or charges, if any, payable by the members of each group; (plan de promotion et de recherche)

promotion-research agency

promotion-research agency means an agency established pursuant to section 39; (office de promotion et de recherche)

regulated product

regulated product means

• (a) for the purpose of Part II, any farm product grown or produced

  • (i) anywhere in Canada, if a marketing agency is authorized to exercise its powers in relation to any such product grown or produced in Canada, or

  • (ii) in any region of Canada designated in the proclamation that authorizes a marketing agency to exercise its powers in relation to any such product grown or produced in that region, or in any such region and anywhere in Canada outside that region for shipment into that region in interprovincial trade and not for export where the proclamation that authorizes the marketing agency to exercise its powers in relation to such product so provides, and

• (b) for the purpose of Part III, any farm product in relation to which a promotion-research agency is authorized to exercise its powers in interprovincial, export or import trade as specified in the proclamation that authorizes the agency to exercise its powers in relation to such product; (produit réglementé)

research

research includes development. (recherche)

PART INational Farm Products Council

Establishment

Marginal note:Council established

• 3 (1) There is established a council, to be known as the National Farm Products Council, consisting of not less than three and not more than seven members to be appointed by the Governor in Council to hold office during pleasure.

• Marginal note:Primary producers

  (1.1) At least fifty per cent of the members of the Council, not taking into account the chairman thereof, shall be primary producers at the time of appointment.

• Marginal note:Chairman and vice-chairman

  (2) The Governor in Council shall designate one member of the Council to be the chairman thereof and another member to be the vice-chairman thereof, one of whom shall be a primary producer.

• Marginal note:Regional representation

  (3) In making appointments under this section, the Governor in Council shall try to ensure equal representation from the four Western provinces, the two Central provinces and the four Atlantic provinces.

• Marginal note:Eligibility

  (4) A person who has reached the age of seventy years is not eligible to be appointed a member of the Council and a member thereof ceases to hold office on reaching the age of seventy years.

• Marginal note:Temporary substitute members

  (5) If a member of the Council, other than the chairman, is absent or unable to act, the Governor in Council may appoint a temporary substitute member on such terms and conditions as the Governor in Council prescribes.

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

• 5 (1) A member of the Council who is not employed in the federal public administration shall be paid a salary to be fixed by the Governor in Council.

• Marginal note:Expenses

  (2) Each member of the Council is entitled to be paid any travel and living expenses incurred by them in the performance of their duties under this Act that are provided by by-law of the Council made under paragraph 12(c).

Duties and Powers

Marginal note:Duties of Council

• 6 (1) The duties of the Council are

  • (a) to advise the Minister on all matters relating to the establishment and operation of agencies under this Act with a view to maintaining and promoting an efficient and competitive agriculture industry;

  • (b) to review the operations of agencies with a view to ensuring that they carry on their operations in accordance with their objects set out in section 21 or 41, as the case may be; and

  • (c) to work with agencies in promoting more effective marketing of farm products in interprovincial and export trade and, in the case of a promotion-research agency, in promoting such marketing in import trade and in connection with research and promotion activities relating to farm products.

• Marginal note:Additional duties

  (2) In carrying out its duties, the Council shall consult, on a continuing basis, with the governments of all provinces having an interest in the establishment or the exercise of the powers of any one or more agencies under this Act or with any body or bodies established by the government of any province to exercise powers similar to those of the Council in relation to intraprovincial trade in farm products.

Marginal note:Powers of Council

• 7 (1) In order to fulfil its duties, the Council

  • (a) on receipt of a written request from one or more associations representing a significant number of persons engaged in the growing or production of any farm product in Canada or if directed to do so by the Minister shall, or on its own initiative may, inquire into the merits of

    • (i) establishing an agency in respect of the farm product and vesting it with all or any of the powers set out in section 22 or 42, as the case may be, or

    • (ii) broadening the authority of an existing agency by vesting it with all or any of the powers set out in section 22 or 42, as the case may be, in relation to any farm products that are additional to the farm products in respect of which it was established,

    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;

  • (b) shall review any amendment to a marketing plan or promotion and research plan that is submitted to it by the agency charged with the implementation of the plan, review any proposed marketing plan or promotion and research plan that is submitted to it by an agency that is not vested with power to implement such a plan, and consider all representations submitted to it in relation to the proposed amendment or plan and report its recommendations thereon to the Minister;

  • (c) shall review the operations of agencies and report thereon annually to the Minister or, in any case where in its opinion the circumstances warrant, on a more frequent basis;

  • (d) shall review all orders and regulations that are proposed to be made by agencies and that are of a class of orders or regulations to which the Council, by order, provides that this paragraph is applicable and, where it is satisfied that the orders and regulations are necessary for the implementation of the marketing plan or promotion and research plan that the agency proposing to make the orders or regulations is authorized to implement, the Council shall approve the orders and regulations;

  • (e) shall review all orders and regulations that are made by agencies and that are not of a class of orders or regulations to which paragraph (d) is made applicable, and, where it is satisfied that the orders or regulations are necessary for the administration of the marketing plan or promotion and research plan that the agency that has made the orders or regulations is authorized to implement, the Council shall approve the orders or regulations and, where it is not so satisfied, the Council may, by order, set aside in whole or in part any such orders and regulations;

  • (f) shall make such inquiries and take such action within its powers as it deems appropriate in relation to any complaints received by it from any person who is directly affected by the operations of an agency and that relate to the operations of the agency;

  • (g) may conduct studies of, and on its own initiative or on the direction of the Minister research into, any matter relating to the marketing or promotion of a farm product in interprovincial or export trade or research activities related thereto;

  • (h) may, for the purpose of implementing any marketing plan, require persons engaged in the production of a farm product for, or the marketing of a farm product in, interprovincial or export trade

    • (i) to register with the Council or the appropriate agency,

    • (ii) to maintain books and records in relation to the production or marketing of the farm product by them in such form and containing such information as the Council requires pursuant to this paragraph, and

    • (iii) to submit to the Council or the appropriate agency such information relating to the production or marketing of the farm product by them as it may reasonably require;

  • (i) may, when in its opinion it is necessary to do so for the purpose of determining the advisability of establishing an agency in respect of a farm product or of vesting an agency with power to implement a marketing plan, require persons engaged in the production of a farm product for, or the marketing of a farm product in, interprovincial or export trade to submit to the Council or the appropriate agency such information relating to the production or marketing of the farm product by them as it may reasonably require;

  • (j) may, for the purpose of implementing any promotion and research plan, require persons who are engaged in the production or importation of a farm product for, or the marketing of a farm product in, interprovincial, export or import trade

    • (i) to register with the Council or the appropriate agency,

    • (ii) to maintain books and records in relation to the production, marketing or importation of the farm product by them in such form and containing such information as the Council requires pursuant to this paragraph, and

    • (iii) to submit to the Council or the appropriate agency such information relating to the production, marketing or importation of the farm product by them as it may reasonably require;

  • (k) may, when in its opinion it is necessary to do so for the purpose of determining the advisability of establishing an agency in respect of a farm product or of vesting an agency with power to implement a promotion and research plan, require persons who are engaged in the production or importation of a farm product for, or the marketing of a farm product in, interprovincial, export or import trade to submit to the Council or the appropriate agency such information relating to the production, marketing or importation of the farm product by them as it may reasonably require; and

  • (l) may do all such other things as are incidental or conducive to the fulfilment of its duties.

• Marginal note:Idem

  (2) The Council, in reporting to the Minister under subsection (1), shall not recommend the establishment of an agency in respect of one or more farm products or the broadening of the authority of an existing agency by vesting it with powers in relation to one or more farm products unless it is satisfied that

  • (a) in the case of a marketing agency, the majority of the producers of each of those farm products, in Canada or in the region of Canada to which the recommendation relates, is in favour of that action; or

  • (b) in the case of a promotion-research agency, the majority of the aggregate of the producers or, where the import trade in one or more farm products is to be included, the majority of the aggregate of the producers and importers, of all those farm products, in Canada or in the region of Canada to which the recommendation relates, is in favour of that action.