Agricultural Marketing Programs Act

Marginal note:Governor in Council regulations

• 40 (1) The Governor in Council may make regulations

  • (a) for the purposes of the definition administrator in subsection 2(1), prescribing criteria for determining

    • (i) whether organizations represent producers in an area, or

    • (ii) what constitutes a significant portion of an agricultural product, either generally or with respect to any specified area;

  • (a.1) designating animals as livestock for the purposes of the definition livestock in subsection 2(1);

  • (a.2) defining the meanings of the words and expressions control and controlled by for the purposes of paragraphs 3(2)(a) and (b);

  • (a.3) prescribing, for the purposes of paragraph 3(2)(e), circumstances in which producers are presumed to be related;

  • (b) for the purpose of subsection 4.1(1) and any regulations made under subsection 4.1(3), prescribing criteria for

    • (i) establishing an average price for an agricultural product, or

    • (ii) determining whether an agricultural product is not processed or not processed beyond what is necessary to store it and prevent spoilage;

  • (c) fixing an amount for the purposes of each of subsection 5(5), paragraphs 7(3)(a) and (b), subsection 9(1), paragraph 20(1)(b) and subsection 20(1.1), which amount may, for the purposes of subsection 9(1), paragraph 20(1)(b) or subsection 20(1.1), differ with regard to classes of producers;

  • (d) prescribing criteria for the purposes of paragraph 7(1)(b);

  • (d.1) and (d.2) [Repealed, 2015, c. 2, s. 138]

  • (e) fixing a percentage for the purposes of each of paragraphs 7(3)(a) and (b), section 13 and subsection 19(2);

  • (e.01) for the purposes of subsections 9(2) and 20(2), fixing the percentage or percentages of the amounts received by, or attributed to, related producers that are to be attributable to a producer, which percentage or percent­ages may differ depending on the type of producer or related producer;

  • (e.02) for the purposes of subsections 9(2) and 20(2), respecting the method of calculating the amounts received by, or attributed to, related producers that are to be attributable to a producer, which method of calculation may differ depending on the type of producer or related producer;

  • (e.1) prescribing criteria for determining, for the purpose of paragraph 10(1)(a), when a producer ceases to own an agricultural product or ceases to be responsible for its marketing;

  • (e.11) respecting, for the purposes of subparagraphs 10(1)(c)(ii) and (d)(ii), guarantors or classes of guarantors and the security or classes of security that must be provided by guarantors;

  • (e.2) prescribing, for the purposes of paragraph 10(1)(i), additional requirements, including requirements based on different classes of producers or agricultural products, different amounts of potential producer liability and different risks associated with that liability;

  • (f) prescribing an amount for the purposes of subparagraph 10(2)(a)(v);

  • (f.01) prescribing, for the purposes of subparagraph 10(2)(a)(vi), any means that may be used to repay an advance and the terms and conditions respecting those repayments;

  • (f.1) for the purposes of paragraph 10(2)(c), defining overpayment;

  • (f.2) respecting the security or classes of security that administrators are required to take for the purposes of section 12;

  • (f.3) determining, for the purposes of paragraph 19(1)(c), the administrator’s percentage or establishing a method of calculating it, which percentage may differ among administrators depending on their experience and past performance;

  • (f.4) respecting stays of default under subsection 21(2);

  • (g) respecting the attempts to be made by an administrator to collect on a producer’s liability under section 22 before and after the administrator requests payment from the Minister under subsection 23(1);

  • (g.1) respecting the terms and conditions that must be met before a request for payment referred to in subsection 23(1) is made by a lender;

  • (h) for determining for the purposes of subsection 28(3) what is a significant portion of producers or agricultural product;

  • (h.1) respecting the assignment of the amounts referred to in paragraphs 33.1(a) and (b);

  • (h.2) prescribing anything that is to be prescribed under this Act; and

  • (i) generally, for carrying out the purposes and provisions of this Act.

• Marginal note:Recommendation

  (2) Regulations made under paragraph (1)(c) or (e) may be made only on the Minister’s recommendation with the concurrence of the Minister of Finance.

• Marginal note:Different requirements for security

  (3) Regulations made under paragraph (1)(f.2) may require different security to be taken with respect to different classes of agricultural products, different amounts of producer liability and different risks associated with that liability.