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The Agricultural Producers' Organization Funding Act

C.C.S.M. c. A18

The Agricultural Producers' Organization Funding Act

PART 1
DEFINITIONS AND PURPOSE
1 (1) Definitions
(2) Registered common-law relationship
2 Purpose of the Act
PART 2
RESPONSIBILITIES OF THE AGENCY AND RELATED MATTERS
3 Repealed
4 to 8 Repealed
9 Responsibilities
9.1 Application of Farm Products Marketing Act
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)
(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) Repealed
(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
DISSOLUTION OF FORMER AGENCY AND TRANSITIONAL PROVISIONS
38.1 (1) Definitions
(2) Dissolution of former agency
(3) Continuation of proceedings
(4) Judicial review of former agency's decisions
(5) Transitional — regulations
(6) Transitional — applications and petitions
(7) Transitional — determinations and certifications
C.C.S.M. REFERENCE AND COMING INTO FORCE
39 Reference in C.C.S.M.
40 (1) Coming into force of Act
(2) Coming into force of section 23