.png){kind=small}
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| 3 | Repealed | |
| 4 to 8 | Repealed | |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 | |