Canadian Industrial Hemp Promotion-Research Agency Proclamation (SOR/2024-220)

Definitions

• 1 The following definitions apply in this schedule.

  Act

  Act means the Farm Products Agencies Act. (Loi)

  Agency

  Agency means the Canadian Industrial Hemp Promotion-Research Agency established by this Proclamation. (Office)

  derivative

  derivative has the same meaning as in subsection 2(3) of the Industrial Hemp Regulations. (dérivé)

  industrial hemp

  industrial hemp has the same meaning as in subsection 1(2) of the Industrial Hemp Regulations. (chanvre industriel)

  industrial hemp product

  industrial hemp product means industrial hemp and anything set out in Schedule 2 to the Cannabis Act. (produit de chanvre industriel)

  marketing

  marketing in relation to an industrial hemp product or a derivative, means selling and offering for sale and buying, pricing, assembling, packing, processing, transporting, storing and any other act necessary to prepare the product or derivative in a form or to make it available at a place and time for purchase for consumption or use. (commercialisation)

  plan

  plan means the promotion and research plan the terms of which are set out in Part 2. (plan)

PART 1Agency

• • 2 (1) The nine members of the Agency are to be elected at the Agency’s annual general meeting in the following manner:

    • (a) for each of the following provinces, one member is to be elected by the industrial hemp producers of that province from among the persons who have notified the Agency of their candidacy, hold a licence that, under the Industrial Hemp Regulations, authorizes the cultivation of industrial hemp and have cultivated industrial hemp in that province in the calendar year of the election or the previous two calendar years:

      • (i) Ontario,

      • (ii) Quebec,

      • (iii) Manitoba,

      • (iv) British Columbia,

      • (v) Saskatchewan, and

      • (vi) Alberta;

    • (b) one member, to represent industrial hemp producers in the Atlantic provinces of Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland and Labrador, is to be elected by the industrial hemp producers of those provinces from among the persons who have notified the Agency of their candidacy, hold a licence that, under the Industrial Hemp Regulations, authorizes the cultivation of industrial hemp and have cultivated industrial hemp in any of those provinces in the calendar year of the election or the previous two calendar years;

    • (c) one member, to represent industrial hemp importers, is to be elected by the industrial hemp importers from among the persons who have notified the Agency of their candidacy and have imported industrial hemp products or derivatives in the calendar year of the election or the previous two calendar years; and

    • (d) one member is to be elected by the members elected under paragraphs (a) to (c) from among the persons who have notified the Agency of their candidacy and are involved in the supply chain for industrial hemp.

  • (2) Despite subsection (1), if there is no candidate for an election under any of paragraphs (1)(a) to (d), the Agency may appoint the member.

• 3 A member holds office for a two-year term beginning on the last day of the annual general meeting at which the member is elected or appointed.

• 4 If a member is unable to act for the remainder of their term or ceases to hold office, the Agency must appoint a temporary substitute member to hold that office until the next annual general meeting.

• • 5 (1) The members of the Agency are, at their first meeting and subsequently at their first meeting after each annual general meeting, to elect from among themselves a chair and a vice-chair.

  • (2) If the chair or the vice chair is unable to act for the remainder of their term or ceases to hold office, the members of the Agency must elect from among themselves a new chair or vice-chair, as the case may be, to hold that office for the balance of the term.

• 6 The head office of the Agency is to be situated in the city of Calgary in the Province of Alberta.

PART 2Terms of the Plan

Promotion and Research

• 7 The Agency is authorized to

  • (a) promote the marketing and production of industrial hemp products and derivatives for the purposes of interprovincial, export and import trade; and

  • (b) conduct and promote research activities related to those products and derivatives.

Budget and Business Program

• 8 The Agency must annually submit to the Council a budget that sets out the costs of the proposed business and activities of the Agency for a 12-month period, a business program that sets out a detailed description of that business and those activities and all relevant information to enable the Council to determine if

  • (a) the proposed business and activities of the Agency are consistent with section 7 and with the object of the Agency as described in section 41 of the Act; and

  • (b) any existing or proposed orders referred to in subsection 9(1) are necessary for the implementation or the administration of the plan.

Levies and Charges

• • 9 (1) For the purpose of the implementation or administration of the plan, the Agency may, by order, impose levies or charges on persons engaged in

    • (a) the marketing of industrial hemp products in interprovincial or export trade; and

    • (b) the importation of industrial hemp products or derivatives.

  • (2) An order may group persons into classes, specify the levies or charges, if any, that are payable by the persons in each of those classes and provide for the manner of collection of the levies or charges.

  • (3) The Agency must retain in a separate account the moneys received from the levies or charges that are imposed on persons engaged in the importation of industrial hemp products or derivatives.

  • (4) Levies or charges that are imposed by an order of the Agency that are unpaid 30 days after the day on which they were due constitute a debt payable to the Agency.

  • (5) The Agency may appoint a person to collect on the Agency’s behalf the levies or charges that are imposed by any order.

  • (6) Levies or charges that are imposed must be fixed at levels that will ensure returns to the Agency that are sufficient to defray its estimated administrative and business program costs each year.

Cooperation

• 10 The Agency must take all reasonable steps to promote a high degree of cooperation among its members, and producers and importers of industrial hemp products and derivatives.

Review of the Plan

• • 11 (1) The Agency must hold a meeting within five years after the day on which this Proclamation comes into force, and every five years after that, for the purpose of reviewing the terms and effectiveness of the plan and determining whether any modifications are required to facilitate the carrying out of the Agency’s object as described in section 41 of the Act.

  • (2) Within three months after the day on which a meeting referred to in subsection (1) takes place, the Agency must file with the Council a written report of its review and any recommendations for modifications.

Section 42 of the Act — Powers

• 12 Nothing in this Part affects the vesting in the Agency of the powers set out in section 42 of the Act.