Agricultural Marketing Programs Regulations (SOR/99-295)
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Regulations are current to 2013-05-20 and last amended on 2006-11-27. Previous Versions
Agricultural Marketing Programs Regulations
SOR/99-295
AGRICULTURAL MARKETING PROGRAMS ACT
Registration 1999-06-23
Agricultural Marketing Programs Regulations
P.C. 1999-1186 1999-06-23
His Excellency the Governor General in Council, on the recommendation of the Minister of Agriculture and Agri-Food and the Treasury Board, pursuant to subsection 40(1) of the Agricultural Marketing Programs ActFootnote a, hereby makes the annexed Agricultural Marketing Programs Regulations.
Return to footnote aS.C. 1997, c. 20
INTERPRETATION
1. The definitions in this section apply in these Regulations.
- “Act”
“Act” means the Agricultural Marketing Programs Act. (Loi)
- “settlement agreement”
“settlement agreement” means an agreement between a producer and an administrator that sets out the terms for the repayment of amounts owing under a repayment agreement by the producer who is in default. (accord de règlement)
PRESCRIBED CRITERIA
1.1 The following are prescribed criteria for the purposes of paragraph 4.1(1)(b) of the Act:
(a) historical farm gate values;
(b) wholesale prices for the agricultural product;
(c) trade data in respect of the agricultural product, including average import and export prices;
(d) in the case of crops, industry expectations of crop size and quality, planted acreage and the extent of any crop holdings in storage;
(e) exchange rates;
(f) regional market conditions; and
(g) the expected retail price for the agricultural product as demonstrated by data supplied to the Minister.
- SOR/2006-293, s. 1.
1.2 For the purposes of paragraph 4.1(1)(c) of the Act, the following are prescribed criteria for determining whether an agricultural product is not processed or not processed beyond what is necessary to store it and prevent spoilage:
(a) in the case of an animal referred to in subparagraph 4.1(1)(a)(i) of the Act, it is alive;
(b) in the case of a plant referred to in subparagraph 4.1(1)(a)(ii) of the Act, it is in the state in which it grew except for any alteration that may have occurred through harvesting or, if perishable, through storage and prevention of spoilage – with or without the addition of a preserving agent – in a controlled atmosphere or by refrigeration or freezing; and
(c) in the case of a product of a plant referred to in subparagraph 4.1(1)(a)(ii) of the Act, it is a part of a plant that is in its harvested state otherwise unaltered except, if perishable, through storage and prevention of spoilage – with or without the addition of a preserving agent – in a controlled atmosphere or by refrigeration or freezing.
- SOR/2006-293, s. 1.
OWNERSHIP AND RESPONSIBILITY FOR MARKETING
2. For the purposes of paragraph 10(1)(a) of the Act, the following are prescribed criteria for determining whether a producer ceases to own an agricultural product or ceases to be responsible for marketing an agricultural product:
(a) the agricultural product has been sold or processed; and
(b) the agricultural product – other than a horticultural crop, maple syrup or honey – has been placed in a pool.
- SOR/2006-293, s. 2.
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