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 | |
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 |