Law:Livestock Feed Assistance Act

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R.s.c., 1985, c. L-10

An Act to provide assistance to livestock feeders in Eastern Canada, British Columbia, Yukon, the Northwest Territories and Nunavut


Contents

Short Title

Short title

1. This Act may be cited as the Livestock Feed Assistance Act.

R.S., c. L-9, s. 1.


Interpretation

Definitions

2. (1) In this Act,

“Advisory Committee” or“Committee”(Repealed, 1991, c. 38, s. 12)

“Board”(Repealed, 1991, c. 38, s. 12)

“British Columbia”

« Colombie-Britannique »

“British Columbia” means the Province of British Columbia other than

(a) the part known as the Peace River District, and

(b) except for the purpose of making payments related to the cost of feed grain transported into the Creston-Wynndel Areas, the part known as the Creston-Wynndel Areas;

“Chairman”(Repealed, 1991, c. 38, s. 12)

“designated area”

« région désignée »

“designated area” means the area comprising the Provinces of Manitoba, Saskatchewan and Alberta and those parts of the Province of British Columbia known as the Peace River District and the Creston-Wynndel Areas;

“Eastern Canada”

« Est du Canada »

“Eastern Canada” means all that part of Canada lying east of the eighty-ninth meridian of west longitude and such other areas in Ontario as the Governor in Council may designate;

“feed grain”

« céréales »

“feed grain” means wheat, other than grades of wheat grown in the designated area and designated by regulation not to be feed grain for the purposes of this Act, oats and barley and such other grains and grain products as may be designated by regulation as feed grain for the purposes of this Act;

“livestock”

« animaux de ferme »

“livestock” means cattle, sheep, swine and poultry and such other classes of livestock as may be designated by regulation as livestock for the purposes of this Act;

“livestock feeder”

« éleveur »

“livestock feeder” means a person who raises livestock in Eastern Canada, British Columbia, Yukon, the Northwest Territories or Nunavut;

“Minister”

« ministre »

“Minister” means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act;

“order”(Repealed, 1991, c. 38, s. 12)

“Vice-Chairman”(Repealed, 1991, c. 38, s. 12)

Words and exprssions

(2) Unless otherwise provided, words and expressions used in this Act have the same meaning as in the Canada Grain Act.

R.S., 1985, c. L-10, s. 2; 1991, c. 38, s. 12; 1993, c. 28, s. 78; 2002, c. 7, s. 201(E).

Previous Version3. and 4. (Repealed, 1991, c. 38, s. 13)


Purpose Of Act

Purpose of Act

5. The purpose of this Act is to ensure

(a) the availability of feed grain to meet the needs of livestock feeders;

(b) the availability of adequate storage space in Eastern Canada for feed grain to meet the needs of livestock feeders;

(c) reasonable stability in the price of feed grain in Eastern Canada, British Columbia, Yukon, the Northwest Territories and Nunavut; and

(d) fair equalization of feed grain prices in Eastern Canada, British Columbia, Yukon, the Northwest Territories and Nunavut.

R.S., 1985, c. L-10, s. 5; 1991, c. 38, s. 15; 1993, c. 28, s. 78; 2002, c. 7, s. 202(E).

Previous Version

Powers And Duties Of Minister

Powers

6. The Minister may

(a) make

(i) payments related to the cost of feed grain storage in Eastern Canada, and

(ii) payments related to the cost of feed grain transportation,

to or for the benefit of livestock feeders in accordance with the regulations;

(b) conduct negotiations with any agency or person involved in feed grain storage or handling for the purpose of reducing or stabilizing the cost of storage and handling and for the purpose of obtaining adequate storage space for feed grain in Eastern Canada;

(c) allocate space reserved for the Minister’s use in any storage facility among persons requiring feed grain storage facilities in Eastern Canada;

(d) conduct negotiations for the obtaining of licences for the importation of feed grain into Canada for use outside the designated area and, within the provisions of any such licence obtained in the Minister’s name, contract with feed grain dealers in Canada for the importation of feed grain by them into Canada under the terms of that licence;

(e) by order served personally or by registered mail, require any person engaged in the business of storing, handling or shipping feed grain in Eastern Canada, British Columbia, Yukon, the Northwest Territories or Nunavut, or any livestock feeder, to furnish in writing to the Minister within any reasonable time that may be stipulated in the order, information relating to feed grain consumption, storage, handling, shipping or pricing in Eastern Canada, British Columbia, Yukon, the Northwest Territories or Nunavut; and

(f) generally, do and authorize such acts and things as are necessary or incidental to the attainment of the purpose of this Act.

(g) to (k)�(Repealed, 1991, c. 38, s. 17)

R.S., 1985, c. L-10, s. 6; 1991, c. 38, ss. 17, 24(E); 1993, c. 28, s. 78; 1998, c. 15, s. 33; 2002, c. 7, s. 203(E).

Previous VersionPower to purchase and sell feed grain

7. (1) The Minister, when authorized by the Governor in Council, may

(a) buy or enter into contracts or agreements for the purchase of feed grain in Eastern Canada and British Columbia and in the designated area, but where any purchase is made by the Minister within the designated area of grain then being purchased in that area by The Canadian Wheat Board, that purchase by the Minister shall be made from The Canadian Wheat Board or an agent thereof;

(b) within the provisions of any licence obtained in the Minister’s name authorizing the Minister to import feed grain, buy or enter into contracts or agreements for the purchase of feed grain outside Canada and import that feed grain into Canada; and

(c) take delivery of, ship, store, handle and, subject to subsection (2), sell or otherwise dispose of feed grain in Eastern Canada or British Columbia and enter into contracts for the delivery, shipping, storage, handling, insurance and sale or other disposition of that feed grain.

Authorization

(1.1) On the advice of the Minister that an emergency requiring action under subsection (1) exists, the Governor in Council may authorize the Minister to act under that subsection and may specify terms and conditions in connection therewith.

Rules concerning sale

(2) The Minister shall sell or otherwise dispose of feed grain acquired by the Minister pursuant to subsection (1) in accordance with sound commercial practices for such price as the Minister considers reasonable with the object of recovering the costs incurred by the Minister in respect of the feed grain, including the purchase price of the feed grain, costs of handling, storage and transportation thereof and any administration costs applicable to the purchase and sale thereof minus any payments related to the cost of feed grain storage or to the cost of feed grain transportation paid by the Minister to the Minister’s own account pursuant to paragraph 6(a) in respect of the feed grain.

R.S., 1985, c. L-10, s. 7; 1991, c. 38, ss. 18, 24.

Duty

8. The Minister shall make a continuing study of feed grain requirements in Eastern Canada and British Columbia, of the availability of feed grain and of the requirements for additional feed grain storage facilities in those areas.

R.S., 1985, c. L-10, s. 8; 1991, c. 38, s. 19.

9. to 14. (Repealed, 1991, c. 38, s. 20)


Advisory Committee

Advisory Committee

15. (1) The Minister may establish an Advisory Committee consisting of a chairperson and not less than four or more than six other members, to be appointed from among persons engaged in the transportation, storage, marketing or consumption of feed grain.

Duties

(2) The Advisory Committee shall meet at least once a year and shall advise the Minister with respect to the administration of this Act.

Remuneration and expenses

(3) Each member of the Advisory Committee may be paid for services under this section such remuneration and expenses as the Governor in Council may fix.

R.S., 1985, c. L-10, s. 15; 1991, c. 38, s. 20.

16. to 18. (Repealed, 1991, c. 38, s. 20)


Regulations

Regulations

19. The Governor in Council may make regulations

(a) prescribing, with respect to payments related to the cost of feed grain storage and with respect to payments related to the cost of feed grain transportation, the classes of persons to whom and the terms and conditions on which such payments may be made and the rate of such payments within each of such areas within Eastern Canada, British Columbia, Yukon, the Northwest Territories and Nunavut as may be prescribed by the regulations;

(b)�(Repealed, 1991, c. 38, s. 21)

(c) designating, for the purposes of this Act,

(i) any area in Ontario lying west of the eighty-ninth meridian of west longitude to be part of Eastern Canada,

(ii) any grade of wheat grown in the designated area not to be a feed grain,

(iii) any grain or grain product to be a feed grain, or

(iv) any class of livestock to be livestock; and

(d)�(Repealed, 1991, c. 38, s. 21)

(e) with respect to any other matter concerning which the Governor in Council deems regulations necessary or desirable to carry out the purposes and provisions of this Act.

R.S., 1985, c. L-10, s. 19; 1991, c. 38, s. 21; 1993, c. 28, s. 78; 2002, c. 7, s. 204(E).

Previous Version

Offences And Punishment

False statements, failure to comply with orders

20. (1) Every person who

(a) knowingly makes a false or misleading statement in any application or declaration made under this Act or the regulations,

(b) makes any application or declaration under this Act or the regulations that by reason of any non-disclosure of facts is false or misleading,

(c) obtains any feed grain storage payment or feed grain cost equalization payment by false pretences, or

(d) fails to comply with an order issued pursuant to paragraph 6(e)

is guilty of an offence and liable on summary conviction to a fine not exceeding five thousand dollars or imprisonment for a term not exceeding two years or both.

Officers, etc., of corporations

(2) Where a corporation commits an offence under this section, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on summary conviction to the punishment provided by subsection (1) whether or not the corporation has been prosecuted or convicted.

Limitation period

(3) No prosecution under subsection (1) may be instituted later than two years after the time when the subject-matter of the complaint arose.

R.S., 1985, c. L-10, s. 20; 1991, c. 38, s. 22.

Evidence

21. In any proceedings in respect of an alleged offence under section 20, a document purporting to be a copy of an order issued pursuant to paragraph 6(e) certified by the Minister is, without proof of the signature of the Minister, admissible in evidence and has the same probative force as the original document would have if it were proven in the ordinary way.

R.S., 1985, c. L-10, s. 21; 1991, c. 38, s. 23.

22. (Repealed, 1991, c. 38, s. 23)


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