P-28, r. 6 - Order respecting the withholding of assessments by buyers of feeder and stocker cattle

Updated to 1 September 2012

This document has official status.

chapter P-28, r. 6

Order respecting the withholding of assessments by buyers of feeder and stocker cattle

Farm Producers Act

(chapter P-28, ss. 39 and 41).

1. For the purposes of this Order,

(a)  “certified association” means the Union des producteurs agricoles du Québec having its head office at 555, boulevard Roland-Therrien, Longueuil;

(b)  “contemplated product” means feeder and stocker cattle;

(c)  “producer” means every person engaged in the production and marketing of the contemplated product;

(d)  “buyer” means every person who buys or receives the contemplated product from a producer in order to resell it by auction or otherwise;

(e)  “annual assessment” means the annual assessment determined by by-law of the certified association under the Farm Producers Act (chapter P-28).

R.R.Q., 1981, c. P-28, r. 6, s. 1.

2. Every buyer must withhold, from the amount that is to be paid to each producer, the annual assessment payable to the certified association. The buyer is exempted from this obligation only if a producer submits a receipt to him for the current year indicating that payment of the said assessment has been made or when the certified association indicates to him that it has already received such payment from producers. In the latter instance, the certified association shall provide the buyer with a list of such producers.

R.R.Q., 1981, c. P-28, r. 6, s. 2.

3. The said withholding must be effected at the time of and as a deduction from the first payment, instalment or credit to be made to the producer.

R.R.Q., 1981, c. P-28, r. 6, s. 3.

4. The annual assessment withheld under this Order must be remitted by the buyer to the certified association within 30 days of the withholding, together with a list giving the names and addresses of the producers from whom assessments were withheld and the amounts withheld for each producer.

R.R.Q., 1981, c. P-28, r. 6, s. 4.

5. At least 15 days prior to the holding of each auction, the buyer must provide the certified association with the names and addresses of the producers registered to participate in such auction.

R.R.Q., 1981, c. P-28, r. 6, s. 5.

6. Upon receipt of the list mentioned in section 5, the certified association shall provide the buyer with the names of the producers from whom he must withhold the annual assessment together with the amounts due from each producer.

R.R.Q., 1981, c. P-28, r. 6, s. 6.

7. Every buyer shall keep up to date a register of the information mentioned in section 5 and permit the inspection of such register by the authorized representatives of the Régie des marchés agricoles et alimentaires du Québec.

R.R.Q., 1981, c. P-28, r. 6, s. 7.

8. If the buyer does not deduct the assessment of the producers or remit it to the certified association within the prescribed time limit, he shall be personally responsible to the certified association for the assessments that he should have deducted.

R.R.Q., 1981, c. P-28, r. 6, s. 8.

REFERENCES

R.R.Q., 1981, c. P-28, r. 6