as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. S80
The Seed and Fodder Relief Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"farmer" means the owner of an estate in fee simple of cultivated land not in any municipality, and includes the purchaser of any such land under an agreement for sale, or a tenant or homesteader of any such land; ("agriculteur")
"fodder" includes motive fuel for an internal combustion engine and oil and grease for the lubrication of such an engine or of agricultural machinery; ("fourrage")
"homesteader" means an entrant for a homestead under any legislation of the Parliament of Canada; ("bénéficiaire")
"minister" means the Minister of Agriculture. ("ministre")
The Lieutenant Governor in Council may authorize the minister to purchase seed and fodder of a kind approved by the minister for the use of farmers, and to pay the transportation and other charges thereon.
The moneys required for the purposes of this Act in any fiscal year shall be paid out of the Consolidated Fund with moneys authorized by an Act of the Legislature to be paid and applied for those purposes for that fiscal year, or made available for those purposes during that fiscal year by special warrant issued under The Financial Administration Act; and they shall be charged, whether recoverable or not, in the accounts of the government as a current expenditure for that fiscal year.
A farmer may apply for seed and fodder, or either of them, to the minister in accordance with forms prescribed by the minister for the purpose.
Subject to the other provisions of this Act, the minister may sell to each farmer applying therefor the seed or fodder he requires.
The minister may refuse to sell seed or fodder to a farmer, if the resident administrator of the local government district in which lies the land of the farmer on which the seed or fodder is to be used, recommends that the farmer should not be supplied therewith, because of the condition of the land, the lateness of the season, his credit record, or any other reason.
Each farmer who purchases seed or fodder shall execute and deliver to the minister a promissory note or notes, in the form prescribed by the minister, in favour of Her Majesty in right of the province for the purchase price of the seed or fodder, together with interest thereon not exceeding 5% per annum, whether before or after the due date of such note, payable on demand.
Every such promissory note given for seed or fodder when executed by the farmer shall have endorsed thereon the proper legal description of the land of which the farmer is the owner, purchaser, tenant or homesteader, and upon which he intends to use, and does use, the seed or fodder purchased by him hereunder; and, where the note is given for animal fodder or for seed and animal fodder, it shall also have endorsed thereon or annexed thereto a list of the livestock for which the fodder is to be supplied, with such sufficient and full description thereof that it may be thereby readily and easily known and distinguished, and a statement that the farmer is the owner of that livestock.
Every promissory note delivered to the minister for seed or fodder to the amount, and from the date, thereof, is and constitutes a first and prior lien and charge upon the interest of the farmer in the land set forth in the promissory note whether the seed or fodder for which the note was given is used on that land or not, and, without registration, constitutes a first lien and charge upon the crops grown upon the land set out in the application and promissory note for the period above mentioned.
Where the farmer is a tenant, the minister may, before selling to him any seed or fodder, require that the promissory note be signed jointly and severally by the farmer and by the registered owner of the land of which the farmer is a tenant; and, in that case, the promissory note to the amount, and from the date, thereof constitutes a first and prior lien and charge upon the interest of the registered owner in the land therein described whether the seed and fodder, or either of them, for which the note was given is used on that land or not.
Where the farmer is a tenant the minister may, in his discretion, dispense with the signature of the note by the registered owner, in which case the tenant shall make and deliver his promissory note in favour of the minister; but the promissory note is not a lien or charge upon the land of the registered owner.
Where a farmer is the owner of land the amount of his promissory note given to the minister for seed or fodder with interest thereon shall, upon the direction of the minister, be entered in the collector's roll of the school district against such land, and shall be collected as taxes in arrears.
For the purposes of subsection (6) the expression "owner" includes
(a) the registered owner or anyone entitled to be registered as the owner of the land;
(b) any purchaser under an agreement for sale regardless of the fact that he has by an agreement or by a mortgage or by a separate document become tenant of the land; and
(c) a tenant in any case where the tenant and the registered owner have made and delivered a joint and several promissory note in favour of the minister for the amount of the advance.
In any case to which clause (7)(c) applies, the advance shall be deemed to be an advance to the registered owner as well as to the tenant.
Where the Crown is the registered owner of the land it is not necessary for the Crown to join in a promissory note.
The minister may
(a) take proceedings in any competent court to realize upon the aforesaid lien and charge; and
(b) at any time by warrant under his hand seize and sell and, if necessary, thresh the crops in order to realize the amount of the lien or charge, together with costs occasioned thereby, wherever such crops or the grain or produce resulting therefrom are found.
Any surplus funds remaining after a seizure and sale, and the payment of costs, under clause (10)(b) shall be paid to the person or persons from whom the crops were seized.
Any person affected by a seizure under clause (10)(b) may, within 30 days of the seizure or such further time as the court may allow, apply to the Court of Queen's Bench for an order under subsection (13).
Where, upon hearing an application under subsection (12), the court is satisfied that the applicant owes no debt to the Crown or owes a smaller debt than the Crown has alleged, the court may
(a) order the return, if possible, of some or all of the seized crops, grain or produce to the applicant; or
(b) order the Crown to make restitution to the applicant in an appropriate amount, including any monies reasonably expended by the applicant in applying for the order; or
(c) make such other order as is just under the circumstances.
The minister may, but is not required to, register or file in any and all land titles offices or Court of Queen's Bench offices a statement over his signature showing
(a) the name and address of the maker of any such promissory note:
(b) the amount thereof;
(c) the legal description of the lands upon which the seed or fodder obtained thereunder is to be used; and
(d) that a lien and charge arises under this Act; and the registration or filing may be discharged by filing in the same office a notification executed by the minister.
No fee shall be charged for registering or filing any statement or notification under this Act and it is not necessary to register any renewal of any such statement.
In any proceedings a statement by the minister over his signature as to the amount owing is, without proof of the signature admissible in evidence as prima facie proof of the debt.
Except where inconsistent herewith, sections 867 to 881 of The Municipal Act are deemed to be incorporated in, and to form part of, this Act and apply to all cases where seed or fodder is provided by the minister under this Act, the word "minister" being substituted for the word "municipality" and the word "his" for the word "its" wherever they appear therein.
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 prescribe such forms as are necessary or convenient for the proper administration of this Act.
No person shall use seed obtained under this Act for any purposes other than to seed or sow the land set out in the application of the person to whom the seed is sold or distributed.
No person shall use animal fodder obtained under this Act for any purpose other than as feed for the livestock of the applicant for the fodder.
A farmer to whom the minister sells, under this Act, motive fuel, oil, or grease, shall not use it for any purpose other than as motive fuel in, or the lubrication of, agricultural machinery while the machinery is in use for agricultural purposes.
Any person who commits a breach of this section is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $100. with costs.