Agricultural Marketing Programs Act

This version of section 2 is in force from 2006-11-27 to 2008-02-27.

Marginal note:Definitions
  •  (1) The definitions in this subsection apply in this Act.

    “administrator”

    « agent d’exécution »

    “administrator” means one of the following organizations, if it has the power to sue and be sued in its own name:

    • (a) an organization of producers that is involved in marketing an agricultural product to which Part I applies;

    • (b) an organization, including the Board but not including 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

    • (c) an organization, including a lender, that the Minister determines to be an organization that would be able to make advances more accessible to producers and that the Minister designates as an administrator.

    “advance”

    « avance »

    “advance” means an advance payment to an eligible producer for an agricultural product.

    “advance guarantee agreement”

    « accord de garantie d’avance »

    “advance guarantee agreement” means an agreement under section 5.

    “agricultural product”

    « produit agricole »

    “agricultural product” means an animal or a plant or a product, including any food or drink, that is wholly or partly derived from an animal or a plant.

    “Board”

    « Commission »

    “Board” means the Canadian Wheat Board continued by section 3 of the Canadian Wheat Board Act.

    “crop”

    “crop”[Repealed, 2006, c. 3, s. 1]

    “crop unit”

    “crop unit”[Repealed, 2006, c. 3, s. 1]

    “crop year”

    “crop year”[Repealed, 2006, c. 3, s. 1]

    “Her Majesty”

    « Sa Majesté »

    “Her Majesty” means Her Majesty in right of Canada.

    “lender”

    « prêteur »

    “lender” means a financial institution, as defined in section 2 of the Bank Act, or any other legal entity that the Minister of Finance may designate for the purposes of this Act on the application of that entity.

    “marketing agency”

    « agence de commercialisation »

    “marketing agency” means

    • (a) an association of producers whose object is the marketing, under a cooperative plan, of agricultural products produced by the producers;

    • (b) a person engaged in the processing of agricultural products for marketing under a cooperative plan;

    • (c) a person authorized by one or more associations or persons mentioned in paragraphs (a) and (b) to market agricultural products under a single cooperative plan; or

    • (d) the Board.

    “Minister”

    « ministre »

    “Minister” means the Minister of Agriculture and Agri-Food.

    “permit book”

    « carnet de livraison »

    “permit book” means a permit book, as defined in subsection 2(1) of the Canadian Wheat Board Act.

    “price guarantee agreement”

    « accord de garantie des prix »

    “price guarantee agreement” means an agreement under section 28.

    “producer”

    « producteur »

    “producer” means a producer of an agricultural product who is

    • (a) a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act;

    • (b) a corporation a majority of whose voting shares are held by Canadian citizens or permanent residents;

    • (c) a cooperative a majority of whose members are Canadian citizens or permanent residents; or

    • (d) a partnership or other association of persons where partners or members who are Canadian citizens or permanent residents are entitled to at least 50% of the profits of the partnership or association.

    For the purposes of Parts I and IV, “producer” includes a person or entity mentioned in any of paragraphs (a) to (d) that is entitled to an agricultural product or a share in it as lessor, vendor, mortgagee or hypothecary creditor on a date specified for the purposes of this definition in an advance guarantee agreement.

    “production period”

    « campagne agricole »

    “production period”, in respect of an agricultural product, means the period of up to 18 months — or any longer period that is fixed by the Minister — specified in the advance guarantee agreement relating to the agricultural product.

    “production unit”

    « unité de production »

    “production unit”, in respect of an agricultural product, means the production unit specified in the advance guarantee agreement relating to the agricultural product.

    “repayment agreement”

    « accord de remboursement »

    “repayment agreement” means an agreement under subsection 10(2).

  • (2) [Repealed, 2006, c. 3, s. 1]

  • 1997, c. 20, s. 2;
  • 1998, c. 17, s. 30;
  • 2001, c. 27, s. 203;
  • 2006, c. 3, s. 1.