A-19 - Act to promote the development and modernization of regional dairies

Updated to 1 April 1999

This document has official status.

chapter A-19

Act to promote the development and modernization of regional dairies

Repealed, 1990, c. 13, s. 205.

1990, c. 13, s. 205.

1. In this act, the following expressions and words mean:

(a)  “factory” : a factory within the meaning of section 1 of the Dairy Products and Dairy Products Substitutes Act (chapter P-30);

(b)  “producer” : a producer within the meaning of section 1 of the Dairy Products and Dairy Products Substitutes Act;

(c)  “milk dealer” : a milk dealer within the meaning of section 1 of the Dairy Products and Dairy Products Substitutes Act;

(d)  “Minister” : the Minister of Agriculture, Fisheries and Food;

(e)  “Board” : the Régie des marchés agricoles du Québec.

1966-67, c. 46, s. 1; 1969, c. 45, s. 64; 1973, c. 22, s. 22; 1977, c. 5, s. 14; 1979, c. 77, s. 21.

2. With the authorization of the Government and after having obtained the opinion of the Board, the Minister may:

(a)  guarantee, on behalf of the Government and upon the conditions which he determines, the repayment in whole or in part of the amount of the principal and interest of any loan made to promote the development or modernization of a factory and so ensure better service and prices to the producers of any one region;

(b)  undertake to pay, as a contribution to the amortization of the debt, during each of the five years following the day when the guarantee is granted, an amount equal to four per cent of the amount of the principal the repayment of which is guaranteed.

1966-67, c. 46, s. 2; 1969, c. 45, s. 64; 1969, c. 46, s. 1; 1977, c. 5, s. 14.

3. Any person wishing to benefit from section 2 shall make application therefor to the Minister; such application shall:

(a)  give a complete description of the development and modernization program, including the estimated cost of carrying it out, and be accompanied by appropriate plans and specifications;

(b)  outline the means which the applicant has at his disposal to ensure the carrying out of the plan and the proper functioning of the factory;

(c)  delimit the region whence the factory is supplied;

(d)  outline the needs of the producers of the region which will be met by the factory concerned and the manner in which such needs will be met.

The Minister may require any other information which he deems useful.

1966-67, c. 46, s. 3; 1969, c. 45, s. 64.

4. Before ruling upon an application, the Minister must submit it to the Board for its opinion.

1966-67, c. 46, s. 4.

5. The Board, before giving its opinion to the Minister, shall hold a public hearing in order to hear the interested parties; for such purpose it shall notify the applicant in writing of the date, hour and place of the hearing and send a similar notice to all the milk dealers of the region from which the factory is supplied, according to the information contained in the application.

The Board shall also publish a similar notice in at least one agricultural journal circulating in the region, and give any other public notices that it deems appropriate.

1966-67, c. 46, s. 5.

6. The Board shall give a favourable opinion to the Minister if it considers the acceptance of the application desirable, having regard to the interests of the producers and the public.

1966-67, c. 46, s. 6; 1969, c. 45, s. 64.

7. The Government, by regulation, may determine:

(a)  the qualifications required of any applicant contemplated in section 3, the conditions which he must fulfil and the information he must furnish in addition to that already required by this act;

(b)  the form and tenor of the applications;

(c)  the maximum term of the loans covered by a guarantee under section 2, the maximum interest rate exigible, the security to be given and the method of protecting and realizing upon it in the case of default by the borrower, the portion of the capital necessary for the carrying out of a plan that must be furnished by the borrower, the manner in which the sums loaned are to be used, the form and tenor of the deeds establishing the loans and the other conditions which must be stipulated therein;

(d)  the standards and rules respecting the management of the borrower’s affairs and the distribution of his profits;

(e)  the reports of operations and financial statements to be furnished to the Minister by every borrower, and the supervision which may be exercised over his affairs;

(f)  the authorization to be obtained prior to the carrying out of any transfer of property given as security under the deed of loan, any issue or transfer of shares of a company which has obtained a loan, or any amendment to the charter of such company;

(g)  any other measure deemed appropriate for the carrying out of this Act.

Such regulations shall come into force on the day of their publication in the Gazette officielle du Québec or on such later day as is fixed therein.

1966-67, c. 46, s. 7.

8. The total amount of the guarantees granted under section 2 shall not exceed the sum of $32 000 000.

1966-67, c. 46, s. 8; 1975, c. 37, s. 1.

9. The moneys required for the carrying out of section 2 shall be taken out of the consolidated revenue fund.

1966-67, c. 46, s. 9 (part).

10. The Minister of Agriculture, Fisheries and Food shall have charge of the carrying out of this act.

1966-67, c. 46, s. 10; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

11. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 46 of the statutes of 1966/1967, in force on 31 December 1977, is repealed, except sections 9 (part) and 12, effective from the coming into force of chapter A-19 of the Revised Statutes.