Agricultural Marketing Programs Act

Marginal note:Definitions

• 2 (1) The definitions in this subsection apply in this Act.

  administrator

  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, other than 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 to which Part I applies; 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. (agent d’exécution)

  advance

  advance means an advance payment to an eligible producer for an agricultural product. (avance)

  advance guarantee agreement

  advance guarantee agreement means an agreement under section 5. (accord de garantie d’avance)

  agricultural product

  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. (produit agricole)

  Board

  Board[Repealed, 2011, c. 25, s. 16]

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  crop[Repealed, 2006, c. 3, s. 1]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  crop unit[Repealed, 2006, c. 3, s. 1]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  crop year[Repealed, 2006, c. 3, s. 1]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

  Her Majesty means Her Majesty in right of Canada. (Sa Majesté)

  lender

  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. (prêteur)

  livestock

  livestock means cattle, sheep, swine and bison and any other animals that may be designated by regulation. (bétail)

  marketing agency

  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; or

  • (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. (agence de commercialisation)

  • (d) [Repealed, 2011, c. 25, s. 16]

  Minister

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

  permit book

  permit book[Repealed, 2011, c. 25, s. 16]

  price guarantee agreement

  price guarantee agreement means an agreement under section 28. (accord de garantie des prix)

  producer

  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 that is controlled by one or more of the persons or entities referred to in paragraphs (a), (c) and (d);

  • (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. (producteur)

  production period

  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. (campagne agricole)

  production unit

  production unit, in respect of an agricultural product, means the production unit specified in the advance guarantee agreement relating to the agricultural product. (unité de production)

  program year

  program year, in respect of an advance, means the period that is specified in the advance guarantee agreement and the repayment agreement that relates to the advance. (année de programme)

  repayment agreement

  repayment agreement means an agreement under subsection 10(2). (accord de remboursement)

• Marginal note:Interpretation

  (2) For the purpose of paragraph (b) of the definition producer in subsection (1), a corporation is controlled by a person or entity if the corporation is controlled in any manner that results in control in fact, whether directly through the ownership of voting shares or indirectly through a trustee or other person who administers the property of another, a legal representative, an agent or mandatary or other intermediary acting as nominee or otherwise, a trust, a contract, the ownership of a corporation or otherwise.