Agricultural Marketing Programs Act (S.C. 1997, c. 20)

Marginal note:Prosecution of partnership

• 38. (1) A prosecution under this Act against a partnership may be brought in the name of the partnership and, for the purpose of the prosecution, the partnership is deemed to be a person. Anything done or omitted by a partner or agent of the partnership within the scope of their authority to act on behalf of the partnership is deemed to have been done or omitted by the partnership.

• Marginal note:Officers, etc., of corporations or partnerships

  (2) If a corporation or partnership commits an offence under this Act, whether or not it has been prosecuted or convicted, any officer, director, partner or agent of the corporation or partnership who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable to the punishment provided for the offence.

Marginal note:Limitation period

39. A prosecution under this Act may be instituted no later than five years after the act or omission giving rise to the prosecution occurred.

Marginal note:Governor in Council regulations

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

  • (a) for the purposes of the definition “administrator” in subsection 2(1), prescribing criteria for determining

    • (i) whether organizations represent producers in an area, or

    • (ii) what constitutes a significant portion of an agricultural product, either generally or with respect to any specified area;

  • (a.1) designating animals as livestock for the purposes of the definition “livestock” in subsection 2(1);

  • (b) for the purpose of subsection 4.1(1), prescribing criteria for

    • (i) establishing an average price for an agricultural product, or

    • (ii) determining whether an agricultural product is not processed or not processed beyond what is necessary to store it and prevent spoilage;

  • (c) determining the administrator’s percentage mentioned in paragraph 5(3)(g), or establishing a method of calculating it, which percentage may differ among administrators depending on their experience and past performance;

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

  • (d.1) fixing an amount for the purposes of each of subsection 5(5), paragraphs 7(3)(a) and (b), subsection 9(1), paragraph 20(1)(b) and subsection 20(1.1), which amount may, for the purposes of subsection 9(1), paragraph 20(1)(b) or subsection 20(1.1), differ with regard to classes of producers;

  • (d.2) prescribing criteria for the purposes of paragraph 7(1)(b);

  • (e) fixing a percentage for the purposes of each of paragraphs 7(3)(a) and (b) and 9(2)(c), subsection 19(2) and paragraph 20(2)(c);

  • (e.1) prescribing criteria for determining, for the purpose of paragraph 10(1)(a), when a producer ceases to own an agricultural product or ceases to be responsible for its marketing;

  • (e.2) prescribing, for the purposes of paragraph 10(1)(i), additional requirements, including requirements based on different classes of producers or agricultural products, different amounts of potential producer liability and different risks associated with that liability;

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

  • (f.1) for the purposes of paragraph 10(2)(c), defining “overpayment”;

  • (f.2) respecting the security that administrators are required to take for the purposes of section 12;

  • (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;

  • (h.1) respecting the assignment of the amounts referred to in paragraphs 33.1(a) and (b); and

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

• Marginal note:Recommendation

  (2) Regulations made under paragraph (1)(d.1), and regulations made under paragraph (1)(e) to the extent that they fix a percentage for the purposes of paragraph 7(3)(a) or (b) or subsection 19(2), may be made only on the recommendation of the Minister with the concurrence of the Minister of Finance.

• Marginal note:Different requirements for security

  (3) Regulations made under paragraph (1)(f.2) may require different security to be taken with respect to different classes of agricultural products, different amounts of producer liability and different risks associated with that liability.