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

Marginal note:Related producers

• 3. (1) Producers are related for the purposes of this Act if they do not deal with each other at arm’s length.

• Marginal note:Presumption

  (2) In the absence of proof to the contrary, producers are presumed not to deal with each other at arm’s length if they are related as follows:

  • (a) individuals who are cohabiting or are connected by

    • (i) blood relationship, in the sense that one is the child or other descendant of the other or one is the brother or sister of the other,

    • (ii) marriage, in the sense that one is married to the other or to a person who is connected with the other by blood relationship or adoption,

    • (ii.1) common-law partnership, in the sense that one is in a common-law partnership with the other or with a person who is connected with the other by blood relationship or adoption, or

    • (iii) adoption, in the sense that one has been adopted, either legally or in fact, as the child of the other or as the child of a person who is connected with the other by blood relationship, otherwise than as a brother or sister;

  • (b) a corporation and a person who

    • (i) holds shares in the corporation,

    • (ii) is a member of a group of persons that holds shares in the corporation, or

    • (iii) is related, as described elsewhere in this subsection, to a person who holds shares in the corporation or to the member of the group;

  • (c) any two corporations if

    • (i) one person or group of persons holds shares in both corporations,

    • (ii) a person who holds shares in one of the corporations is related, as described elsewhere in this subsection, to a person who holds shares in the other corporation,

    • (iii) a person who holds shares in one of the corporations is related, as described elsewhere in this subsection, to a member of a group of persons that holds shares in the other corporation, or

    • (iv) they are both related, as described in paragraph (b) or subparagraph (i), (ii) or (iii), to a third corporation;

  • (d) members of the same group of persons; or

  • (e) persons related, as described in paragraphs (a) to (c), to members of the same group of persons.

• Marginal note:Definitions

  (3) For the purposes of subsection (2),

  “common-law partnership”

  « union de fait »

  “common-law partnership” means the relationship between two persons who are cohabiting in a conjugal relationship, having so cohabited for a period of at least one year;

  “group of persons”

  « groupe »

  “group of persons” means a producer that is a partnership, cooperative or other association of persons.