Agricultural Marketing Programs Regulations

6.1 (1) For the purposes of paragraph 10(2)(c) of the Act, overpayment means

• (a) in the case where an advance is covered by a program listed in the schedule to the Act, where the coverage amount payable to the producer under the program is reduced through no fault of the producer and where section 11 of the Act does not apply, that part of the outstanding amount of the advance that exceeds the reduced coverage amount by more than the limit determined in accordance with subsection (2); and

• (b) in the case where an advance is in respect of an agricultural product that, at the time of the advance, was in the course of being produced or was not yet produced, where the value of the produced agricultural product – and the value of the security on the produced agricultural product – is reduced through no fault of the producer and where section 11 of the Act does not apply, that part of the outstanding amount of the advance that exceeds the reduced value of the security by more than the limit determined in accordance with subsection (2).

(2) The limit is the amount that is the greater of

• (a) 10% of the advance, and

• (b) $10,000.

(3) In any case where both paragraphs (1)(a) and (b) apply to an advance, overpayment means the amount calculated in accordance with paragraph (1)(b).