Agricultural Marketing Programs Regulations

5 (1) For the purposes of subsections 9(2) and 20(2) of the Act, the amounts received by, or attributed to, related producers are attributable in the following manner:

• (a) if both producers are individuals, each producer is attributed 100%;

• (b) if one producer is an individual and the other producer is a partnership, the individual is attributed the percentage of their direct or indirect entitlement to the profits of the partnership;

• (c) if one producer is an individual and the other producer is a corporation, the individual is attributed the percentage of the voting shares that the individual owns, holds or controls directly or indirectly in the corporation;

• (d) if one producer is an individual and the other is a cooperative, the individual is attributed the percentage of their direct or indirect entitlement to the revenue or profits of the cooperative;

• (e) in the case of two producers that are not individuals and that are related under paragraph 3(2)(d) of the Act, each producer is attributed 100%;

• (f) in the case of two producers that are related due to circumstances other than those set out in paragraph 3(2)(d) of the Act, if one producer is a corporation and the other producer is not an individual, the other producer is attributed the percentage of voting shares that it owns, holds or controls directly or indirectly in the corporation; and

• (g) in the case of two producers that are related due to circumstances other than those set out in paragraph 3(2)(d) of the Act, if one producer is a cooperative or partnership and the other producer is not an individual, the other producer is attributed the percentage of their direct or indirect entitlement to the profits or revenues of the cooperative or partnership.

(2) For the purposes of this section, a producer is not to be attributed the same advance more than once either directly or indirectly.

(3) If a producer is a partnership, corporation or cooperative, that producer is not to be attributed any amount received by a related producer that is an individual.