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2nd Session, 41st Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 35

THE AGRICULTURAL PRODUCERS' ORGANIZATION FUNDING AMENDMENT ACT


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. A18 amended

1           The Agricultural Producers' Organization Funding Act is amended by this Act.

2(1)        Subsection 19(1) is amended by striking out "two years" and substituting "five years".

2(2)        Subsection 19(2) is amended by striking out "two year terms" and substituting "five-year terms".

3           Subsection 20(1) is amended by striking out "prior to October 1 of the second year" and substituting "after January 1 and before October 1 of the fifth year".

4           Section 21 is amended by striking out "subsections 19(1) and 22(3)" and substituting "subsection 19(1)".

5           Section 22 is repealed.

6           Clauses 23.1(1)(a), 24.1(a), 25(3)(a) and 27(3)(a) are amended by striking out "name and address" and substituting "name, address, e-mail address and, if applicable, the certified organization membership number,".

7           Subsection 27(1) is amended by adding ", up to an amount equal to the annual membership fee of the certified organization" at the end.

8           Subsection 28(1) is replaced with the following:

Treatment of underpayments

28(1)       If, during a fiscal year of the certified organization, the amount remitted for a person under section 27 is less than the annual membership fee of the certified organization, the certified organization shall, unless the person requests a refund under section 29, treat that amount

(a) as an application for supporter status in the certified organization, or renewal of supporter status; and

(b) as a payment to the certified organization towards supporter status.

Coming into force

9           This Act comes into force on October 31, 2017.

Explanatory Note

The Agricultural Producers' Organization Funding Act requires designated persons or companies that purchase agricultural products from producers to withhold a specified percentage of the purchase money otherwise payable to a producer and remit that amount to the certified organization (presently Keystone Agricultural Producers). The certified organization then treats those amounts as payment towards the producer's annual membership fee in the organization. All amounts are refundable at the request of the producer.

This Bill makes two amendments in relation to this scheme:

  • the total amount that can be withheld from a producer in a year is limited to the amount of the certified organization's annual membership fee;
  • if the total amount withheld from a producer in a year is less than the certified organization's annual membership fee, the amount is to be treated as payment towards supporter status in the certified organization.

The Bill also extends the period for which the certified organization is certified from two years to five years. In addition, the Bill makes a small number of housekeeping amendments to the Act.