|This is an unofficial archived version of The Community Seed Cleaning Plant Loans Act|
as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. S70
The Community Seed Cleaning Plant Loans Act
|Table of Contents|
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"commercial seed" means seed that is not derived from an inspected seed crop for which a crop registration certificate or a seed crop certificate as defined in the Seeds Act (Canada) has been issued; ("semences commerciales")
"community" means an area
(a) in which the cultivated acreage and density of farm population is, in the opinion of the minister, sufficient to support a community seed cleaning plant, and
(b) that has been approved by order of the Lieutenant Governor in Council as an area in which there is need for a community seed cleaning plant; ("communauté")
"community seed cleaning plant" means a building used for the purpose of cleaning seed and owned by a corporation all the members or shareholders of which are
(b) farmers, and
(c) residents of the community in which the plant is situated or of a municipality adjacent to a municipality that is, or part of which is, in that community; ("entreprise communautaire de nettoyage des semences")
"loan" means a loan made under this Act; ("prêt")
"minister" means the Minister of Agriculture. ("ministre")
From and out of the Consolidated Fund, with moneys authorized by an Act of the Legislature to be so paid and applied, the Minister of Finance, on the written requisition of the minister shall loan to the corporation named in the requisition a sum set out in the requisition for the purpose of assisting in the establishment, construction, and equipping of community seed cleaning plants.
The amounts loaned under section 2 with respect to any single community seed cleaning plant shall not exceed in total
(a) $30,000; or
(b) 1/2 of the total cost of construction and equipping the community seed cleaning plant including the price of the land;
whichever amount is the lesser.
The recipient of moneys loaned under section 2 shall
(a) repay the moneys together with interest thereon to the Minister of Finance within 12 years from the date the moneys are loaned; and
(b) pay interest on the moneys so loaned or on the balance thereof remaining unpaid from time to time at a rate not less than 1/2 of 1% per annum more than the rate of interest at which the government could, at the time the moneys are loaned, borrow on the security of its debentures;
and the interest payable under clause (b) shall be compounded yearly and payable half yearly.
Money loaned under this Act shall be paid to the recipients of the loan at such time, in such manner, and after such evidence as to possession, construction and completion has been given, as may be prescribed in the regulations.
The minister shall not requisition any moneys to be loaned under section 2 unless
(a) he has approved the plans and specifications for the construction and equipping of the community seed cleaning plant:
(b) he is satisfied that there is need for a community seed cleaning plant in the area in which the plant is to be established, and that
(i) the plant will serve; and
(ii) the area has been approved by order of the Lieutenant Governor in Council as;
an area in which there is need for a community seed cleaning plant; and
(c) the recipient of the proposed loan
(i) has made a written application for a loan under this Act setting out the particulars and information required by the regulations to be so set out;
(ii) is qualified as prescribed in the regulations;
(iii) is the owner of the land upon which the community seed cleaning plant, with respect to which the money is being loaned, is to be situated;
(iv) has given such security and entered into such agreements as are prescribed in the regulations or required by the minister.
The recipient of a loan shall, at all times until the loan is fully repaid,
(a) keep the community seed cleaning plant and the contents thereof fully insured to their full insurable value with an insurance company satisfactory to the minister;
(b) keep the community seed cleaning plant and the equipment thereof and contents thereof clean and in serviceable condition;
(c) maintain such standards of cleaning seed, and as to classifications and grades of cleaned seeds, as are prescribed by the regulations;
(d) use the community seed cleaning plant chiefly for the cleaning of commercial seed and otherwise as prescribed in the regulations;
(e) require such officers as are specified in the regulations to give security by bond in such amount, and in such form, as are prescribed in the regulations;
(f) permit any person authorized by the minister to inspect the community seed cleaning plant or any part thereof or equipment therein at any time;
(g) make such repairs, renovations or alterations as the minister may require, and comply with any order of the minister respecting the operation, maintenance, or upkeep of the community seed cleaning plant;
(h) employ as operator or manager of the community seed cleaning plant a person who meets the qualifications prescribed in the regulations for an operator or manager of a community seed cleaning plant; and
(i) comply with this Act and the regulations.
Where the recipient of a loan fails or neglects to comply with any provision of this Act or the regulations, he shall be conclusively deemed to be in default under any security he has given or agreement he has made under this Act; and the minister may, in writing, demand immediate repayment of the balance of the moneys loaned, including accrued interest, that remains unpaid and outstanding at that time.
Where under subsection (1) the minister has made a demand for repayment and the recipient refuses or neglects to repay the balance within 30 days of the date on which the demand is made, the minister may proceed by such action as he deems necessary or desirable to secure the repayment of the balance of the moneys loaned remaining unpaid.
For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations and orders,
(a) prescribing the qualifications generally, and more particularly the qualifications with respect to
(ii) capital; and
(iii) financial position;
of the recipient of a loan;
(b) prescribing the form in which an application for a loan shall be made, and prescribing the particulars and information to be set out in an application;
(c) prescribing the security to be given and the agreement to be made by the recipient of a loan and the form in which the security and agreement shall be given or made;
(d) prescribing the time and manner of paying out loans;
(e) prescribing the evidence as to possession, construction, and completion that shall be given before moneys are paid out on a loan;
(f) prescribing the standards of cleaning and as to classifications and grades of cleaned seed that shall be maintained in a community seed cleaning plant with respect to which a loan has been made;
(g) prescribing the uses to which a community seed cleaning plant with respect to which a loan has been made may be put:
(h) prohibiting the use of a community seed cleaning plant with respect to which a loan has been made for certain purposes;
(i) requiring certain employees or officers of a recipient of a loan to give security by bond and prescribing the amount of security to be given and the form by which it shall be given;
(j) prescribing qualifications of an operator or manager of a community seed cleaning plant with respect to which a loan has been made.