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Farm Products Agencies Act (R.S.C., 1985, c. F-4)

Act current to 2022-09-11 and last amended on 2015-02-26. Previous Versions

PART INational Farm Products Council (continued)

Public Hearings

Marginal note:Where hearing to be held

  •  (1) A public hearing shall be held by the Council

    • (a) in connection with an inquiry into the merits of establishing an agency or of broadening the authority of an existing agency to cover any additional farm product or farm products;

    • (b) where the Council has under review a proposed marketing plan or promotion and research plan; or

    • (c) in connection with any other matter relating to its objects if the Governor in Council or the Minister directs the Council to hold a public hearing in connection with such matter.

  • Marginal note:Where hearing may be held

    (2) A public hearing may be held by the Council in connection with any matter relating to its objects where the Council is satisfied that such a hearing would be in the public interest.

  • Marginal note:Hearing by two or more members

    (3) The chairman of the Council may direct that a public hearing under this section be held on behalf of the Council by two or more members thereof designated by the chairman, and the members so designated have for the purpose of the hearing the powers of the Council set out in subsection (5) and shall report to the Council on the hearing.

  • Marginal note:Hearings throughout Canada

    (4) A public hearing under this section may be held at such place in Canada or at such places in Canada by adjournment from place to place as the Council may designate.

  • Marginal note:Powers in relation to hearings

    (5) The Council has, in respect of any public hearing under this section, all the powers of a commissioner appointed under Part I of the Inquiries Act.

  • R.S., 1985, c. F-4, s. 8
  • 1993, c. 3, s. 8

Marginal note:Public notice

 The Council shall give notice of any public hearing under section 8 and of the matters to be considered thereat in the Canada Gazette and in one or more newspapers and farm journals in general circulation throughout all of Canada and in particular in those areas of Canada where, in the opinion of the Council, there are persons who are likely to be interested in the matters to be considered thereat.

  • 1970-71-72, c. 65, s. 9

Marginal note:Rules of procedure

 The Council may make rules respecting the conduct of public hearings under section 8 and generally respecting the conduct of business of the Council in relation thereto.

  • 1970-71-72, c. 65, s. 10

Organization

Marginal note:Head office

 The head office of the Council shall be in the National Capital Region described in the schedule to the National Capital Act or at such other place in Canada as may be designated by the Governor in Council.

  • 1970-71-72, c. 65, s. 11

Marginal note:By-laws

 The Council may make by-laws

  • (a) respecting the calling of meetings of the Council;

  • (b) respecting the conduct of business at meetings of the Council and the establishment of committees thereof, the delegation of duties to those committees and the fixing of quorums for meetings of the Council and any committee thereof;

  • (c) subject to the approval of the Treasury Board, fixing the travel and living expenses to be paid to the members of the Council; and

  • (d) generally for the conduct and management of the affairs of the Council.

  • 1970-71-72, c. 65, s. 12

Marginal note:Staff

 Officers and employees necessary for the proper conduct of the business of the Council shall be appointed in the manner authorized by the Public Service Employment Act.

  • 1970-71-72, c. 65, s. 13
  • 1980-81-82-83, c. 47, s. 16

Marginal note:Superannuation

 Any member of the Council who, under the terms of their appointment, is required to devote the whole of their time to the performance of their duties as a member is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

  • R.S., 1985, c. F-4, s. 14
  • 2003, c. 22, s. 166(E)
  • 2015, c. 3, s. 84(E)

Annual Report

Marginal note:Report to Parliament

 The Council shall, within three months after the end of each fiscal year, submit to the Minister a report in such form as the Minister may direct on its activities for that fiscal year and the Minister shall cause the report to be laid before Parliament within fifteen days after the receipt thereof, or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting.

  • 1970-71-72, c. 65, s. 16

PART IIFarm Products Marketing Agencies

Establishment

Marginal note:Establishment of agencies

  •  (1) The Governor in Council may, by proclamation, establish an agency with powers relating to any farm product or farm products the marketing of which in interprovincial and export trade is not regulated under the Canadian Dairy Commission Act if the Governor in Council is satisfied that a majority of the producers of the farm product or of each of the farm products in Canada is in favour of the establishment of an agency.

  • Marginal note:Plebiscites

    (2) The Governor in Council, in order to determine whether a majority of producers of a farm product are in favour of establishing an agency, may request that each province carry out a plebiscite of those producers.

  • Marginal note:Agencies to be bodies corporate

    (3) Every agency established pursuant to this Act is a body corporate.

  • R.S., 1985, c. F-4, s. 16
  • 1993, c. 3, s. 13(F)
  • 2011, c. 25, s. 35
  • 2015, c. 3, s. 85

Marginal note:Contents of proclamation

  •  (1) A proclamation establishing an agency shall

    • (a) designate the farm product or farm products in relation to which the agency may exercise its powers and indicate whether those powers may be exercised in relation to

      • (i) any such product or products to the extent that it is or they are grown or produced anywhere in Canada, or

      • (ii) any such product or products to the extent that it is or they are grown or produced in any region of Canada designated in the proclamation, or in any such region and anywhere in Canada outside that region for shipment into that region in interprovincial trade and not for export;

    • (b) designate any of the powers set out in section 22 that are not vested in the agency;

    • (c) set out the terms of any marketing plan that the agency is empowered to implement;

    • (d) state the corporate name of the agency and the place within Canada where the head office of the agency is situated; and

    • (e) fix the number of members of the agency, which shall be not less than three and not more than sixteen at least a majority of whom shall be primary producers, and provide for the manner of appointment of members and temporary substitute members and the term of their appointment if the manner and term are to be other than as provided in subsection 18(1).

  • Marginal note:Alteration

    (2) The Governor in Council may, by proclamation,

    • (a) designate any farm product or farm products, in respect of which the Governor in Council is authorized under subsection 16(1) to establish an agency, as an additional product or products in relation to which an agency previously established under that subsection may exercise its powers and indicate whether those powers may be exercised in relation to

      • (i) any such product or products to the extent that it is or they are grown or produced anywhere in Canada, or

      • (ii) any such product or products to the extent that it is or they are grown or produced in any region of Canada designated in the proclamation, or in any such region and anywhere in Canada outside that region for shipment into that region in interprovincial trade and not for export;

    • (b) vest in an agency any powers set out in section 22 that were withheld from it at the time it was established, and where the proclamation vests in the agency the power to implement a marketing plan, the terms thereof shall be set out in the proclamation;

    • (c) amend the terms of a marketing plan that an agency is empowered to implement or withdraw any of the powers set out in section 22 that were previously vested in the agency;

    • (d) change the name of an agency or the place within Canada where the head office of the agency is situated;

    • (e) increase or decrease the number of members of an agency but not so as to increase the number above sixteen or decrease it below three; or

    • (f) provide for the manner of appointment of members and temporary substitute members of an agency and a term of appointment of those members that varies from the manner and term provided in subsection 18(1) or from the manner and term provided in the proclamation establishing the agency.

  • Marginal note:Limitation

    (3) A proclamation referred to in subsection (1) or (2) that designates a farm product other than tobacco, eggs or poultry or any part of tobacco, eggs or poultry shall not set out as a term of the marketing plan that an agency is empowered to implement any term that would enable the agency to fix and determine the quantity in which any regulated product could be marketed in interprovincial or export trade by persons engaged in the marketing thereof.

  • R.S., 1985, c. F-4, s. 17
  • 1993, c. 3, ss. 9, 13(F)
  • 2015, c. 3, s. 86(E)

Membership of Agencies

Marginal note:Appointment

  •  (1) The members of an agency shall be appointed by the Governor in Council to hold office during pleasure, or in such other manner including election by producers, and for such term as is provided in the proclamation establishing the agency or in a proclamation issued under subsection 17(2) in respect of the agency.

  • Marginal note:Chairman and vice-chairman

    (2) The Governor in Council shall designate one member of an agency to be the chairman thereof and another member to be the vice-chairman thereof, or may provide for the manner of such designation in the proclamation establishing the agency.

  • Marginal note:Eligibility

    (3) A person who has reached the age of seventy years is not eligible to be appointed a member of an agency and a member thereof ceases to hold office on reaching the age of seventy years.

  • Marginal note:Temporary substitute members

    (4) If a member of an agency, other than the chairman, is absent or unable to act, the Governor in Council may, unless otherwise provided in the proclamation establishing the agency, appoint a temporary substitute member on such conditions as the Governor in Council prescribes.

  • 1970-71-72, c. 65, s. 19
  • 1980-81-82-83, c. 47, s. 16

Marginal note:Chairman

 The chairman of an agency shall preside at meetings of the agency but in the event of the absence or incapacity of the chairman, or if the office of chairman is vacant, the vice-chairman of the agency shall act as chairman for the time being.

  • 1970-71-72, c. 65, s. 20

Marginal note:Salaries and fees

  •  (1) A member of an agency who devotes the whole of their time or a portion of their time on a continuous basis to the performance of their duties as a member shall be paid by the agency a salary to be fixed by the Governor in Council on the recommendation of the Council, and the other members of the agency shall be paid by the agency any fees for attendances at meetings of the agency or any of its committees that are provided by by-law of the agency made under paragraph 25(c).

  • Marginal note:Expenses

    (2) Each member of an agency or of a consultative or advisory committee of an agency is entitled to be paid by the agency any travel and living expenses incurred by them in the performance of their duties under this Act that are provided by by-law of the agency made under paragraph 25(c).

  • R.S., 1985, c. F-4, s. 20
  • 2015, c. 3, s. 87(E)

Objects and Powers

Marginal note:Objects

 The objects of an agency are

  • (a) to promote a strong, efficient and competitive production and marketing industry for the regulated product or products in relation to which it may exercise its powers; and

  • (b) to have due regard to the interests of producers and consumers of the regulated product or products.

  • 1970-71-72, c. 65, s. 22

Marginal note:Powers

  •  (1) Subject to the proclamation by which it is established and to any subsequent proclamation altering its powers, an agency may

    • (a) purchase any regulated product in relation to which it may exercise its powers and any farm product, wherever grown or produced that is of the same kind as the regulated product in relation to which it may exercise its powers, and package, process, store, ship, insure, export or sell or otherwise dispose of any such product purchased by it;

    • (b) implement a marketing plan the terms of which are set out in the proclamation establishing it or in any subsequent proclamation issued under subsection 17(2) in respect of it;

    • (c) prepare and submit to the Council

      • (i) a marketing plan, if it is not empowered to implement a marketing plan, or

      • (ii) any amendments to the marketing plan that the agency is empowered to implement,

      that it considers appropriate for the attainment of its objects;

    • (d) undertake and assist in the promotion of the consumption and use of any regulated product in relation to which it may exercise its powers, the improvement of the quality and variety thereof and the publication of information in relation thereto;

    • (e) designate bodies through which any regulated product in relation to which it may exercise its powers or any variety, class or grade of any such product shall be marketed in interprovincial or export trade;

    • (f) where it is empowered to implement a marketing plan, make such orders and regulations as it considers necessary in connection therewith, but all such orders and regulations shall, in the case of orders and regulations that are of a class to which paragraph 7(1)(d) is made applicable, be submitted to the Council before the making thereof, and in any other case, be submitted to the Council either before or after the making thereof and

      • (i) any order or regulation that is submitted to the Council before the making thereof and that is thereafter made before the Council approves the order or regulation is of no force or effect, and

      • (ii) any order or regulation that is submitted to the Council after the making thereof and that is set aside by order of the Council thereupon ceases to be of any force or effect;

    • (g) by order, require any person designated by it who is engaged in the marketing of any regulated product in relation to which it may exercise its powers, or any person who is a member of a class of persons designated by it and who is so engaged, to deduct from any amount payable by that person to any other person engaged in the production or marketing of the regulated product any amount payable to the agency by the other person by way of licence fees, levies or charges provided for in any marketing plan that the agency is authorized to implement and to remit all amounts so deducted to the agency;

    • (h) purchase, lease or otherwise acquire and hold, mortgage, hypothecate, sell or otherwise deal with any real property or immovable;

    • (i) establish branches or employ agents or mandataries in Canada or elsewhere;

    • (j) expend any money received by it through the conduct of its operations, whether by way of licence fees, levies or charges paid by persons engaged in the production or marketing of any regulated product in relation to which it may exercise its powers or otherwise;

    • (k) invest any money in its possession or control that in its opinion is not immediately required for the purposes of its operations, in securities of or guaranteed by the Government of Canada and sell any securities so acquired by it and reinvest the proceeds thereof or any part thereof in like manner;

    • (l) borrow money on the credit of the agency and on the security of any regulated product or other property held by it;

    • (m) undertake to advertise and promote and do research into new markets for the establishment of greater sales; and

    • (n) do all such other things as are necessary or incidental to the exercise of any of its powers or the carrying out of any of its functions under this Act.

  • Marginal note:Additional powers in intraprovincial trade

    (2) An agency may perform on behalf of a province any function relating to intraprovincial trade in any regulated product in relation to which it may exercise its powers that is specified in an agreement entered into pursuant to section 31.

  • Marginal note:Delegation of powers

    (3) An agency may, with the approval of the Governor in Council, grant authority to any body, authorized under the law of a province to exercise powers of regulation in relation to the marketing locally within the province of any regulated product in relation to which the agency may exercise its powers, to perform on behalf of the agency any function relating to interprovincial or export trade in the regulated product that the agency is authorized to perform.

  • R.S., 1985, c. F-4, s. 22
  • 1993, c. 3, s. 13(F)
  • 2001, c. 4, s. 82
  • 2004, c. 25, s. 140
  • 2015, c. 3, s. 88(E)
 
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