Agricultural Marketing Programs Regulations
3 (1) The following definitions apply in this section.
- calculation date
calculation date means the date as of which the historical liability data for an administrator under an advance guarantee agreement are calculated, which date is
(a) the date specified in the agreement, or
(b) if the last day of the ninth month following the final day of the calculation period specified in the agreement is earlier than the date referred to in paragraph (a), or if there is no date specified in the agreement, the date that is the last day of the ninth month following the final day of the calculation period specified in the agreement. (date de calcul)
- calculation period
calculation period means any of the following:
(a) a period that is specified in an advance guarantee agreement, that is of a duration of 12 months or less and that ends before November 27, 2006;
(b) a transitional crop year; and
(c) a post-2006 production period. (période de base)
- experienced administrator
experienced administrator means an administrator under an advance guarantee agreement for a post-2006 production period, for which, at the time when the agreement is entered into, historical liability data are available for two or more calculation periods that began and were completed within the period of three years prior to the day on which the agreement is entered into. (agent d’exécution chevronné)
- historical liability data
historical liability data, in respect of an administrator, means all of the following data:
(a) the total of all repayments – in full or in part – of the principal amounts under settlement agreements to that administrator by producers;
(b) the total of all the principal amounts of settlement agreements that are owed to that administrator by producers not in default under those agreements; and
(c) the total of all the original principal amounts of settlement agreements with that administrator that are in effect. (données historiques de responsabilité)
- intermediate administrator
intermediate administrator means an administrator under an advance guarantee agreement for a post-2006 production period, for which, at the time when the agreement is entered into, historical liability data are available for only one calculation period that began and was completed within the period of three years prior to the day on which the agreement is entered into. (agent d’exécution intermédiaire)
- new administrator
new administrator means an administrator under an advance guarantee agreement for a post-2006 production period, for which, at the time when the agreement is entered into, no historical liability data are available for any calculation period that began and was completed within the period of three years prior to the day on which the agreement is entered into. (nouvel agent d’exécution)
- post-2006 production period
post-2006 production period means a production period that begins on or after November 27, 2006. (campagne agricole postérieure à 2006)
- transitional crop year
transitional crop year means a period that is specified in an advance guarantee agreement, that is of a duration of 12 months or less and that begins before November 27, 2006 and ends on or after that date. (campagne agricole transitoire)
(2) The administrator’s percentage mentioned in paragraph 5(3)(g) of the Act for a new administrator is 1%.
(3) The administrator’s percentage mentioned in paragraph 5(3)(g) of the Act for an intermediate administrator or an experienced administrator shall be calculated in accordance with the formula
((A-B) x 100) ÷ C
where
- A
- is
(a) in the case of an intermediate administrator, the total of the outstanding principal amounts of advances owed to that administrator by producers who are in default, as at the calculation date, under repayment agreements with that administrator in respect of the one previous calculation period applicable to that administrator that began and was completed within the period of three years prior to the day on which the advance guarantee agreement is entered into, and
(b) in the case of an experienced administrator, the total of the outstanding principal amounts of advances owed to that administrator by producers who are in default, as at the calculation date, under repayment agreements with that administrator in respect of the two previous calculation periods applicable to that administrator that began and were completed within the period of three years prior to the day on which the advance guarantee agreement is entered into;
- B
- is the amount calculated in accordance with subsection (4); and
- C
- is the total of the principal amounts of all advances made to producers,
(a) in the case of an intermediate administrator, during the one previous calculation period applicable to that administrator that began and was completed within the period of three years prior to the day on which the advance guarantee agreement is entered into, and
(b) in the case of an experienced administrator, during the two previous calculation periods applicable to that administrator that began and were completed within the period of three years prior to the day on which the advance guarantee agreement is entered into.
(4) The value of B in subsection (3) is the amount calculated in accordance with the formula
((D + E) x E) ÷ F
where
- D
- is the total of all repayments – in full or in part – of the principal amounts, as at the calculation date, under settlement agreements by producers to the administrator, for
(a) in the case of an intermediate administrator, the one previous calculation period applicable to that administrator that began and was completed within the period of three years prior to the day on which the advance guarantee agreement is entered into, and
(b) in the case of an experienced administrator, the two previous calculation periods applicable to that administrator that began and were completed within the period of three years prior to the day on which the advance guarantee agreement is entered into;
- E
- is the total of all the principal amounts of settlement agreements that are owed to the administrator as at the calculation date by producers that are not then in default under the settlement agreements, for
(a) in the case of an intermediate administrator, the one previous calculation period applicable to that administrator that began and was completed within the period of three years prior to the day on which the advance guarantee agreement is entered into, and
(b) in the case of an experienced administrator, the two previous calculation periods applicable to that administrator that began and were completed within the period of three years prior to the day on which the advance guarantee agreement is entered into; and
- F
- is the total of all the original principal amounts of those settlement agreements that are in effect as at the calculation date between producers and the administrator, for
(a) in the case of an intermediate administrator, the one previous calculation period applicable to that administrator that began and was completed within the period of three years prior to the day on which the advance guarantee agreement is entered into, and
(b) in the case of an experienced administrator, the two previous calculation periods applicable to that administrator that began and were completed within the period of three years prior to the day on which the advance guarantee agreement is entered into.
- SOR/2006-293, s. 3
- Date modified: