HomeC.C.S.M. c. A18
The Agricultural Producers' Organization Funding Act
| Back to the Act | Bilingual (PDF) | Regulations |
| PART 1 | |
| DEFINITIONS AND PURPOSE | |
| 1(1) | Definitions |
| (2) | Registered common-law relationship |
| 2 | Purpose of the Act |
| PART 2 | |
| AGRICULTURAL PRODUCERS' ORGANIZATION CERTIFICATION AGENCY | |
| 3(1) | Establishment of agency |
| (2) | Membership |
| (3) | Membership |
| (4) | Term of office |
| (5) | Remuneration |
| 4 | Agency is corporation |
| 5(1) | Chairperson and vice-chairperson |
| (2) | Duties of chairperson |
| (3) | Duties of vice-chairperson |
| 6(1) | Quorum |
| (2) | Majority decision |
| 7 | Procedures |
| 8 | Employees |
| 9 | Responsibilities |
| 10(1) | Definition of "dependant" |
| (2) | Disqualification of agency members |
| 11 | Immunity from liability |
| 12(1) | Report to the minister |
| (2) | Report to the legislature |
| PART 3 | |
| DETERMINATION OF THE CERTIFIED ORGANIZATION | |
| DIVISION 1 | |
| QUALIFICATION | |
| 13(1) | Application for qualification |
| (2) | Consideration of application |
| 14 | Determination of qualified organization |
| 15(1) | Loss of qualification |
| (2) | Agency to determine loss of qualification |
| DIVISION 2 | |
| CERTIFICATION | |
| 16(1) | Application for certification |
| (2) | Certification limited |
| 17(1) | Automatic certification |
| (2) | Effective date of certification |
| 18(1) | More than one application |
| (2) | Effective date of certification |
| (3) | Review by agency |
| 19(1) | Term of certification |
| (2) | Automatic renewal of certification |
| 20(1) | Challenges to certification |
| (2) | Effective date of certification |
| (3) | Review by agency |
| 21 | Loss of certification |
| 22(1) | Interim certification |
| (2) | Review by agency |
| (3) | Term of certification |
| PART 3.1 | |
| COLLECTION OF ANNUAL MEMBERSHIP FEES OF THE CERTIFIED ORGANIZATION | |
| DIVISION 1 | |
| GENERAL | |
| 23(1) | Maximum amount of fee |
| (2) | Amounts remitted are payments for membership |
| 23.1(1) | Purchaser to keep books and records |
| (2) | Retention of books and records |
| (3) | Purchaser to allow inspection |
| DIVISION 2 | |
| COLLECTION BY PURCHASERS OTHER THAN DESIGNATED PURCHASERS | |
| 24 | Application |
| 24.1 | Purchaser to supply information |
| 25(1) | Purchaser to withhold fees |
| (2) | Requirement to withhold |
| (3) | When remittance to be made |
| 25.1 | Notice to producer |
| 26(1) | Objection |
| (2) | Where objection received |
| DIVISION 3 | |
| COLLECTION BY DESIGNATED PURCHASERS | |
| 26.1 | Application |
| 27(1) | Purchaser to withhold amounts |
| (2) | Requirement to withhold |
| (3) | When remittance to be made |
| 28(1) | Refund of underpayments |
| (2) | Refund of overpayments |
| (3) | When refund to be made |
| 29(1) | Right to a refund |
| (2) | When refund to be made |
| DIVISION 4 | |
| AGENCY REGULATIONS | |
| 30 | Agency regulations |
| PART 4 | |
| FUNDING OF DESIGNATED PRODUCER ORGANIZATIONS | |
| 31(1) | Petition for designation of organization of producers |
| (2) | Petition to contain information |
| (3) | Agency to study petition |
| 32(1) | Referendum may be held |
| (2) | 60% majority required |
| (3) | Eligibility to vote in referendum |
| 33 | Recommendation of designation |
| 34(1) | Regulations |
| (2) | Fees are refundable |
| (3) | |
| (4) | Limitations and exceptions |
| 34.1(1) | Referendum if 30% of producers request refund |
| (2) | Recommendation to revoke designation |
| PART 5 | |
| GENERAL PROVISIONS | |
| 35 | Appointment of inspectors |
| 36 | Powers of inspectors |
| 37(1) | Offences |
| (2) | Payment in addition to fine |
| (2.1) | Payment deemed to be withheld under Part 3.1 |
| (3) | Prosecution of offences |
| 38 | Regulations |
| 39 | Reference in C.C.S.M. |
| 40(1) | Coming into force of Act |
| (2) | Coming into force of section 23 |
