2011-c.105 — Agricultural Commodity Price Stabilization Act

s. 1 — Definitions

The following definitions apply in this Act. 1988, c.A-5.01, s.1; 1996, c.25, s.2; 1999, c.N-1.2, s.115; 2000, c.26, s.11; 2007, c.10, s.8; 2010, c.31, s.7; 2017, c.63, s.7; 2019, c.2, s.7

s. 1 — advisory-board

“Advisory Board” means the Board appointed under section 11.(comité consultatif)

s. 1 — agricultural-commodity

“agricultural commodity” means any natural or processed product of agriculture.(produit agricole)

s. 1 — board

“board” means a board established under the Natural Products Act.(office)

s. 1 — minister

“Minister” means the Minister of Agriculture, Aquaculture and Fisheries and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)

s. 2 — Price stabilization agreements

1988, c.A-5.01, s.2; 2023, c.17, s.1

s. 2(1) — Price stabilization agreements

The Minister, for and on behalf of the Crown in right of the Province, may, if authorized to do so by the Lieutenant-Governor in Council,

s. 2(1)(a) — Price stabilization agreements

(a) enter into agreements with the Crown in right of Canada as represented by the Minister of Agriculture and Agri-Food for Canada and with producers, or

s. 2(1)(b) — Price stabilization agreements

(b) enter into agreements with the Crown in right of Canada as represented by the Minister of Agriculture and Agri-Food for Canada,

s. 2(2) — Price stabilization agreements

An agreement referred to in subsection (1)

s. 2(2)(a) — Price stabilization agreements

(a) shall specify

s. 2(2)(a)(i) — Price stabilization agreements

(i) the agricultural commodity or agricultural commodities to which the price stabilization scheme applies,

s. 2(2)(a)(ii) — Price stabilization agreements

(ii) the basis of eligibility of producers to participate in the scheme and the procedure by which they may register in the scheme,

s. 2(2)(a)(iii) — Price stabilization agreements

(iii) the circumstances in which a stabilization payment will be made to a producer, the method of determining the amount of a stabilization payment, and the manner in which a stabilization payment will be made,

s. 2(2)(a)(iv) — Price stabilization agreements

(iv) the maximum volume of production in respect of which a stabilization payment may be made to any producer,

s. 2(2)(a)(v) — Price stabilization agreements

(v) the method of determining the support price and the market price of the agricultural commodity in question,

s. 2(2)(a)(vi) — Price stabilization agreements

(vi) the period during which the support price will be effective,

s. 2(2)(a)(vii) — Price stabilization agreements

(vii) the method of determining the level of premiums to be paid, which level shall be such as will make the price stabilization scheme self-sustaining,

s. 2(2)(a)(viii) — Price stabilization agreements

(viii) the share of the premiums to be paid by Canada, by the Province and by the producers,

s. 2(2)(a)(ix) — Price stabilization agreements

(ix) the method of adjusting the premiums,

s. 2(2)(a)(x) — Price stabilization agreements

(x) the times at which and the manner in which premiums are to be paid, and

s. 2(2)(a)(xi) — Price stabilization agreements

(xi) the duration of the agreement and the conditions under which a producer who has registered may opt out; and

s. 2(2)(b) — Price stabilization agreements

(b) may contain such further terms and conditions as are approved by the Lieutenant-Governor in Council.

s. 3 — Price stabilization agreements with boards

1988, c.A-5.01, s.3; 1999, c.N-1.2, s.115; 2023, c.17, s.1

s. 3(1) — Price stabilization agreements with boards

The Minister, for and on behalf of the Crown in right of the Province, may, if authorized to do so by the Lieutenant-Governor in Council, enter into agreements with boards to provide for a price stabilization scheme for an agricultural commodity produced in the Province.

s. 3(2) — Price stabilization agreements with boards

An agreement referred to in subsection (1)

s. 3(2)(a) — Price stabilization agreements with boards

(a) shall specify

s. 3(2)(a)(i) — Price stabilization agreements with boards

(i) the agricultural commodity or agricultural commodities to which the price stabilization scheme applies,

s. 3(2)(a)(ii) — Price stabilization agreements with boards

(ii) the basis of eligibility of producers to participate in the scheme and the procedure by which they may register in the scheme,

s. 3(2)(a)(iii) — Price stabilization agreements with boards

(iii) the circumstances in which a stabilization payment will be made to a producer, the method of determining the amount of a stabilization payment, and the manner in which a stabilization payment will be made,

s. 3(2)(a)(iv) — Price stabilization agreements with boards

(iv) the maximum volume of production in respect of which a stabilization payment may be made to any producer,

s. 3(2)(a)(v) — Price stabilization agreements with boards

(v) the method of determining the support price and the market price of the agricultural commodity in question,

s. 3(2)(a)(vi) — Price stabilization agreements with boards

(vi) the period during which the support price will be effective,

s. 3(2)(a)(vii) — Price stabilization agreements with boards

(vii) the method of determining the level of premiums to be paid, which level shall be such as will make the price stabilization scheme self-sustaining,

s. 3(2)(a)(viii) — Price stabilization agreements with boards

(viii) the share of the premiums to be paid by the Province and by the producers,

s. 3(2)(a)(ix) — Price stabilization agreements with boards

(ix) the method of adjusting the premiums,

s. 3(2)(a)(x) — Price stabilization agreements with boards

(x) the times at which and the manner in which premiums are to be paid, and

s. 3(2)(a)(xi) — Price stabilization agreements with boards

(xi) the duration of the agreement and the conditions under which a producer who has registered may opt out;

s. 3(2)(b) — Price stabilization agreements with boards

(b) may stipulate that stabilization payments are limited to the portion of the production of an agricultural commodity that corresponds to the volume of that commodity determined by the Minister to be consumed in the Province, and, if an agreement so stipulates, the agreement shall specify the method of determining that portion;

s. 3(2)(c) — Price stabilization agreements with boards

(c) shall specify, for the purposes of the agreement, the powers and duties of the board;

s. 3(2)(d) — Price stabilization agreements with boards

(d) shall provide for the amount of remuneration to be paid to a board for administrative costs; and

s. 3(2)(e) — Price stabilization agreements with boards

(e) may contain such further terms and conditions as are approved by the Lieutenant-Governor in Council.

s. 3(3) — Price stabilization agreements with boards

Under an agreement, the share of the premiums to be paid by the Province may not, in any given year, exceed 5% of the average aggregate market value of the agricultural commodity to which the agreement relates, or of such related group of agricultural commodities as is described in the agreement for the purpose of this subsection, sold by participating producers during that year and the two preceding years.

s. 4 — Establishment of stabilization account

When an agreement is entered into under section 3 in respect of an agricultural commodity, there shall be established in the Consolidated Fund a stabilization account for that commodity. 1988, c.A-5.01, s.4

s. 5 — Credits to stabilization account

All amounts received by the Crown in right of the Province under an agreement in respect of an agricultural commodity as or on account of payments of premiums and interest shall be paid into the Consolidated Fund and credited to the stabilization account for that particular agricultural commodity. 1988, c.A-5.01, s.5; 2023, c.17, s.1

s. 6 — Amounts in Consolidated Fund to be credited to stabilization account

1988, c.A-5.01, s.6; 2019, c.29, s.5

s. 6(1) — Amounts in Consolidated Fund to be credited to stabilization account

An amount equal to the Province’s share of the premiums under the agreement to which a stabilization account relates, reduced in proportion to any unpaid portion of the share of the premiums payable by the producers, shall be credited to that stabilization account and charged to the Consolidated Fund, as of the end of each quarter.

s. 6(2) — Amounts in Consolidated Fund to be credited to stabilization account

Despite subsection (1), the Minister of Finance and Treasury Board may credit and charge the amounts to be credited and charged under subsection (1) at such later time as the Minister of Finance and Treasury Board may fix.

s. 7 — Interest

The Minister of Finance and Treasury Board may authorize, in accordance with such terms and conditions and at such rates as the Minister of Finance and Treasury Board may fix, after considering any advice furnished to the Minister of Finance and Treasury Board by the Minister, the payment of interest on the amount that represents the producer’s share of any accumulated surplus and the interest shall be credited to the stabilization account and charged to the Consolidated Fund. 1988, c.A-5.01, s.7; 2019, c.29, s.5

s. 8 — Charges to stabilization account

There shall be paid out of the Consolidated Fund and charged to the stabilization account for a particular commodity all amounts paid under an agreement in respect of that agricultural commodity as or on account of stabilization payments. 1988, c.A-5.01, s.8

s. 9 — Advances

1988, c.A-5.01, s.9; 2019, c.29, s.5

s. 9(1) — Advances

When the amount standing to the credit of a stabilization account in the Consolidated Fund is not sufficient for the payment of stabilization payments required to be charged to the stabilization account, the Minister of Finance and Treasury Board, if requested to do so by the Minister, may authorize an advance to the stabilization account from the Consolidated Fund of an amount sufficient to meet the payments required to be made in the operation of the agreement.

s. 9(2) — Advances

An advance made under subsection (1) shall be credited to the stabilization account and repaid in such manner and on such terms and conditions, including the payment of interest, as the Minister of Finance and Treasury Board may fix, after considering any advice furnished to the Minister of Finance and Treasury Board by the Minister.

s. 9(3) — Advances

An amount advanced to a stabilization account under subsection (1) and any interest on it shall be included in any deficit estimated for the purpose of the stabilization account.

s. 9(4) — Advances

The repayment of an amount advanced under subsection (1) shall be charged to the stabilization account.

s. 10 — Administration

The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf. 1988, c.A-5.01, s.10

s. 11 — Advisory Board

1988, c.A-5.01, s.11

s. 11(1) — Advisory Board

The Lieutenant-Governor in Council shall appoint an Advisory Board consisting of a chair and five additional members to advise the Minister in matters relating to agricultural commodity price stabilization schemes.

s. 11(2) — Advisory Board

A member of the Advisory Board shall hold office for three years from the date of appointment.

s. 11(3) — Advisory Board

Despite subsection (2), in the case of members first appointed under this section, other than the Chair, one shall be appointed for two years, two shall be appointed for three years and two shall be appointed for four years.

s. 11(4) — Advisory Board

The members of the Advisory Board shall be paid a daily allowance to be fixed by the Lieutenant-Governor in Council and shall be paid reasonable and necessary expenses incurred by them in the performance of their duties.