S-23 - Act respecting farmers’ and dairymen’s associations

Updated to 14 February 2011

This document has official status.

chapter S-23

Act respecting farmers’ and dairymen’s associations

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

R. S. 1964, c. 116, s. 1; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

2. The Government may authorize the constitution of one or more associations, having for their objects the promotion of agriculture, fruit-growing, improvement in the manufacture of butter and cheese, the inspection of butter and cheese factories, and all other things in connection therewith, the improvement of live stock, raising of fowl, drainage and irrigation of farming lands, under the name chosen by any such society.

R. S. 1964, c. 116, s. 2; 1993, c. 48, s. 437; 1999, c. 40, s. 301.

3. The association shall consist of at least 10 persons, who shall sign a memorandum according to form 1.

Every member of the association shall subscribe and pay, annually, at least $1 to the funds of the association.

R. S. 1964, c. 116, s. 3.

3.1. The name of an association must be in conformity with the provisions of section 16 of the Business Corporations Act (chapter S-31.1).

1993, c. 48, s. 438; 1997, c. 70, s. 11; 2009, c. 52, s. 651.

3.2. The Government shall refuse to authorize the constitution of an association where the memorandum of the association contains a name not in conformity with one of paragraphs 1 to 6 or paragraph 8 of section 16 of the Business Corporations Act (chapter S-31.1).

1993, c. 48, s. 438; 1997, c. 70, s. 12; 1999, c. 40, s. 301; 2009, c. 52, s. 652.

4. Such memorandum shall be made in duplicate, one to be written and signed on the first pages of a book, to be kept by the association for entering the minutes of their proceedings, and the other to be immediately sent to the Minister of Agriculture, Fisheries and Food, who shall transmit a notice of the constitution of such association indicating the name of the association and the address of its head office to the enterprise registrar. The enterprise registrar shall deposit the notice in the register referred to in Chapter II of the Act respecting the legal publicity of enterprises (chapter P-44.1).

R. S. 1964, c. 116, s. 4; 1973, c. 22, s. 22; 1979, c. 77, s. 21; 1993, c. 48, s. 439; 1999, c. 40, s. 301; 2002, c. 45, s. 561; 2010, c. 7, s. 282.

5. From the date of the deposit in the register of the notice of constitution of the association, the association shall become a legal person for the purposes of this Act, and may possess immovable property of not more than $25,000 in value.

R. S. 1964, c. 116, s. 5; 1993, c. 48, s. 440; 1999, c. 40, s. 301.

5.1. An interested person may apply to the Minister for an order directing an association to change its name if the association’s name is not in conformity with section 3.1.

1993, c. 48, s. 441; 1997, c. 70, s. 13.

5.2. The Minister shall, before rendering a decision, notify the interested persons in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allow them at least 10 days to present observations.

1997, c. 70, s. 13.

5.3. The decision of the Minister must be in writing, contain reasons and be signed. It must be sent forthwith to the persons concerned and to the enterprise registrar, who shall deposit it in the register.

The decision becomes executory upon the expiry of the time for bringing a proceeding under section 5.7.

1997, c. 70, s. 13; 2002, c. 45, s. 561.

5.4. Upon the expiry of the time for bringing a proceeding, the Minister may, upon application by an interested person, change the name of an association that is not in compliance with the order.

The Minister may also, on the Minister’s own initiative, change the name of an association that is not in compliance with the order issued by the Minister on the ground that the association’s name is not in conformity with one of paragraphs 1 to 6 or paragraph 8 of section 16 of the Business Corporations Act (chapter S-31.1).

1997, c. 70, s. 13; 2009, c. 52, s. 653.

5.5. Where the Minister assigns a name to the association, the Minister shall issue, in duplicate, a certificate setting out the change and send one duplicate to the enterprise registrar, who shall deposit it in the register.

The Minister shall send the other duplicate to the association or its representative.

1997, c. 70, s. 13; 2002, c. 45, s. 561.

5.6. The Minister may delegate the powers conferred upon him by sections 5.2 to 5.5 to a member of the Minister’s personnel.

1997, c. 70, s. 13.

5.7. Persons who believe themselves to have been wronged by a decision of the Minister referred to in section 5.3 may, within 30 days of notification of the decision, contest it before the Administrative Tribunal of Québec.

1997, c. 70, s. 13.

5.8. The Minister shall transmit to the enterprise registrar notice of the contestation, and the enterprise registrar shall deposit the notice in the register.

1997, c. 70, s. 13; 2002, c. 45, s. 561.

5.9. Notwithstanding the second paragraph of section 15 of the Act respecting administrative justice (chapter J-3), the Tribunal may only confirm or quash the contested decision.

1997, c. 70, s. 13.

5.10. A copy of the decision of the Tribunal shall be transmitted to each party and to the enterprise registrar. The enterprise registrar shall, where applicable, make the necessary changes to the register and shall indicate in the register that the decision of the Tribunal has been rendered.

1997, c. 70, s. 13; 2002, c. 45, s. 561.

6. The association may make by-laws to prescribe the mode or manner of admission of new members, to regulate the election and appointment of its officers and employees, and, generally, the management of its affairs and property for the purpose of carrying out the objects of the association.

R. S. 1964, c. 116, s. 6.

7. The first meeting of the association shall be held at its head office, on the second Wednesday of the month following the date of deposit of the notice in the register.

R. S. 1964, c. 116, s. 7; 1993, c. 48, s. 442.

8. The association shall hold an annual meeting at such time as shall be chosen by the board of directors.

R. S. 1964, c. 116, s. 8.

9. At such annual meeting, the members of the association present shall elect a board of directors consisting of at least five directors.

R. S. 1964, c. 116, s. 9.

10. The board of directors shall elect from among their members a president and a vice-president, and shall appoint a secretary-treasurer and such other officers and employees as they may deem necessary for carrying out the objects of the association.

R. S. 1964, c. 116, s. 10.

11. At the annual meeting of the association, the directors shall submit a detailed report of their operations during the past year. A copy of such report shall be sent to the Minister of Agriculture, Fisheries and Food.

In the case of a dairymen’s association, such report shall state the names of all the members of the association, the amount subscribed and paid into the hands of the secretary-treasurer, the names and number of factories under the association’s authority, and shall furnish all other information deemed useful and in the interest of the dairy industry. A copy of such report shall, moreover, be given to the Régie des marchés agricoles et alimentaires du Québec.

R. S. 1964, c. 116, s. 11; 1973, c. 22, s. 22; 1977, c. 5, s. 14; 1979, c. 77, s. 21; 1990, c. 13, s. 217.

12. (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.

FORM

FORM 1

(Section 3)

Memorandum of Association

We, the undersigned, agree to form an association under the provisions of the Act respecting farmers’ and dairymen’s associations (chapter S-23), under the name of .............., the address of our head office to be as follows: .............., and we hereby severally agree to pay to the secretary-treasurer, annually, while we continue members of the association, the sums opposite our respective names, and we further agree to conform to the rules and by-laws of the said association.

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R. S. 1964, c. 116, form 1; 1993, c. 48, s. 443.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 116 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter S-23 of the Revised Statutes.