A-18 - Act to promote farm improvement

Section 2 Disposition versions

1983-12-21

2. In this act, unless the context indicates a different meaning, the following expressions and words mean and designate:

(a)  “agriculture” : the cultivation of the soil or the raising of livestock;

(b)  “farm operator” : any physical person whose principal occupation is agriculture;

(c)  “farmer” : any physical person who is the owner or lessee of a farm and whose principal occupation is agriculture; it also designates, in the case of undivided ownership of a farm, several physical persons provided that among them there are one or more farm operators holding at least sixty per cent of the rights of ownership in such farm;

(d)  “aspiring farmer” : any physical person not less than eighteen nor more than forty years of age who, being the owner or lessee of a farm, practises farming without making it his principal occupation and undertakes to make it his principal occupation within the delays and according to the conditions fixed by regulation;

(e)  “farm” : any immoveable operated or to be operated within a reasonable delay for agricultural purposes;

(f)  “economic farm” : any farm which, taking into account all of its resources, is capable of producing a revenue which enables the operators thereof to pay the operating costs thereof, including maintenance and depreciation, to fulfil their obligations and to support their family adequately;

(g)  “agricultural operations corporation” : a corporation constituted under the Companies Act (chapter C-38), whose principal object and principal activity are the operation of an economic farm which it owns or leases, provided that all of its shareholders are physical persons and that not less than sixty per cent of the issued shares of each class are owned by farm operators among whom the principal occupation of the majority is the operation of such farm;

(h)  “agricultural operations cooperative” : a cooperative governed by the Cooperatives Act (chapter C-67.2) whose main object and principal activity is the operation of an economic farm of which it is the owner or lessee, provided that all of its members are natural persons, that at least sixty per cent of the common shares are owned by farm operators and that the majority of its members are farm operators among whom the principal occupation of the majority is the operation of such farm;

(i)  “agricultural operations partnership” : a partnership within the meaning of the Civil Code whose principal object is the joint operation of an economic farm, of which it is the owner or lessee, which is constituted by a written contract complying with the regulations, which is composed of physical persons and in which at least sixty per cent of the interests are owned by farm operators among whom the principal occupation of the majority is the operation of such farm;

(j)  “joint borrowers” : several physical persons to whom a loan is granted jointly, who jointly operate an economic farm constituted of the aggregate of the farms of which they are the owners or lessees, while sharing, according to the proportions determined among them, the income from the aggregate of such farms, provided that not less than sixty per cent of the aggregate of the interests in such farm are owned by one or a number of farmers;

(k)  “loan” : any loan contracted in accordance with this act;

(l)  “borrower” : a farmer, an aspiring farmer, an agricultural operations corporation, an agricultural operations cooperative or an agricultural operations partnership to whom a loan is granted, and joint borrowers;

(m)  “union” : any savings and credit union governed by the Savings and Credit Unions Act (chapter C-4);

(n)  “bank” : any bank within the meaning of the Bank Act (Statutes of Canada) or the Québec Savings Banks Act (Statutes of Canada);

(o)  “lender” : any union or bank from which a loan has been obtained;

(p)  “federation” : La Confédération des caisses populaires et d’économie Desjardins du Québec, the Fédération de Montréal des Caisses Desjardins, the Fédération des Caisses d’établissement du Québec, the Fédération des Caisses d’économie du Québec and the Fédération des Caisses d’entraide économique du Québec;

(q)  “regulation” : any regulation made by the Government under this act;

(r)  “loan” : any loan granted in accordance with the provisions of this act.

A holder of a farm under a location ticket or an occupant under a contract for sale made with a veteran under the Veterans’ Land Act (Revised Statutes of Canada, 1970, chapter V-4) shall be deemed an owner for the purposes of this act.

R. S. 1964, c. 109, s. 2; 1965 (1st sess.), c. 40, s. 1; 1969, c. 43, s. 1; 1972, c. 33, s. 1; 1975, c. 34, s. 19; 1975, c. 35, s. 1; 1979, c. 90, s. 3; 1982, c. 26, s. 283.

1979-12-21

2. In this act, unless the context indicates a different meaning, the following expressions and words mean and designate:

(a)  “agriculture” : the cultivation of the soil or the raising of livestock;

(b)  “farm operator” : any physical person whose principal occupation is agriculture;

(c)  “farmer” : any physical person who is the owner or lessee of a farm and whose principal occupation is agriculture; it also designates, in the case of undivided ownership of a farm, several physical persons provided that among them there are one or more farm operators holding at least sixty per cent of the rights of ownership in such farm;

(d)  “aspiring farmer” : any physical person not less than eighteen nor more than forty years of age who, being the owner or lessee of a farm, practises farming without making it his principal occupation and undertakes to make it his principal occupation within the delays and according to the conditions fixed by regulation;

(e)  “farm” : any immoveable operated or to be operated within a reasonable delay for agricultural purposes;

(f)  “economic farm” : any farm which, taking into account all of its resources, is capable of producing a revenue which enables the operators thereof to pay the operating costs thereof, including maintenance and depreciation, to fulfil their obligations and to support their family adequately;

(g)  “agricultural operations corporation” : a corporation constituted under the Companies Act (chapter C-38), whose principal object and principal activity are the operation of an economic farm which it owns or leases, provided that all of its shareholders are physical persons and that not less than sixty per cent of the issued shares of each class are owned by farm operators among whom the principal occupation of the majority is the operation of such farm;

(h)  “agricultural operations cooperative” : a cooperative agricultural association established under the Act respecting cooperative agricultural associations (chapter S-24) or a cooperative association established under the Cooperative Associations Act (chapter A-24) whose main object and principal activity is the operation of an economic farm of which it is the owner or lessee, provided that all of its shareholder-producers or all of its members, as the case may be, are physical persons, that at least sixty per cent of the ordinary shares or of the common shares, as the case may be, are owned by farm operators and that the majority of its shareholder-producers or of its members, as the case may be, are farm operators among whom the principal occupation of the majority is the operation of such farm;

(i)  “agricultural operations partnership” : a partnership within the meaning of the Civil Code whose principal object is the joint operation of an economic farm, of which it is the owner or lessee, which is constituted by a written contract complying with the regulations, which is composed of physical persons and in which at least sixty per cent of the interests are owned by farm operators among whom the principal occupation of the majority is the operation of such farm;

(j)  “joint borrowers” : several physical persons to whom a loan is granted jointly, who jointly operate an economic farm constituted of the aggregate of the farms of which they are the owners or lessees, while sharing, according to the proportions determined among them, the income from the aggregate of such farms, provided that not less than sixty per cent of the aggregate of the interests in such farm are owned by one or a number of farmers;

(k)  “loan” : any loan contracted in accordance with this act;

(l)  “borrower” : a farmer, an aspiring farmer, an agricultural operations corporation, an agricultural operations cooperative or an agricultural operations partnership to whom a loan is granted, and joint borrowers;

(m)  “union” : any savings and credit union governed by the Savings and Credit Unions Act (chapter C-4);

(n)  “bank” : any bank within the meaning of the Bank Act (Statutes of Canada) or the Québec Savings Banks Act (Statutes of Canada);

(o)  “lender” : any union or bank from which a loan has been obtained;

(p)  “federation” : La Confédération des caisses populaires et d’économie Desjardins du Québec, the Fédération de Montréal des Caisses Desjardins, the Fédération des Caisses d’établissement du Québec, the Fédération des Caisses d’économie du Québec and the Fédération des Caisses d’entraide économique du Québec;

(q)  “regulation” : any regulation made by the Government under this act;

(r)  “loan” : any loan granted in accordance with the provisions of this act.

A holder of a farm under a location ticket or an occupant under a contract for sale made with a veteran under the Veterans’ Land Act (Revised Statutes of Canada, 1970, chapter V-4) shall be deemed an owner for the purposes of this act.

R. S. 1964, c. 109, s. 2; 1965 (1st sess.), c. 40, s. 1; 1969, c. 43, s. 1; 1972, c. 33, s. 1; 1975, c. 34, s. 19; 1975, c. 35, s. 1; 1979, c. 90, s. 3.

1977-12-31

2. In this act, unless the context indicates a different meaning, the following expressions and words mean and designate:

(a)  “agriculture” : the cultivation of the soil or the raising of livestock;

(b)  “farm operator” : any physical person whose principal occupation is agriculture;

(c)  “farmer” : any physical person who is the owner or lessee of a farm and whose principal occupation is agriculture; it also designates, in the case of undivided ownership of a farm, several physical persons provided that among them there are one or more farm operators holding at least sixty per cent of the rights of ownership in such farm;

(d)  “aspiring farmer” : any physical person not less than eighteen nor more than forty years of age who, being the owner or lessee of a farm, practises farming without making it his principal occupation and undertakes to make it his principal occupation within the delays and according to the conditions fixed by regulation;

(e)  “farm” : any immoveable operated or to be operated within a reasonable delay for agricultural purposes;

(f)  “economic farm” : any farm which, taking into account all of its resources, is capable of producing a revenue which enables the operators thereof to pay the operating costs thereof, including maintenance and depreciation, to fulfil their obligations and to support their family adequately;

(g)  “agricultural operations corporation” : a corporation constituted under the Companies Act (chapter C-38), whose principal object and principal activity are the operation of an economic farm which it owns or leases, provided that all of its shareholders are physical persons and that not less than sixty per cent of the issued shares of each class are owned by farm operators among whom the principal occupation of the majority is the operation of such farm;

(h)  “agricultural operations cooperative” : a cooperative agricultural association established under the Act respecting cooperative agricultural associations (chapter S-24) or a cooperative association established under the Cooperative Associations Act (chapter A-24) whose main object and principal activity is the operation of an economic farm of which it is the owner or lessee, provided that all of its shareholder-producers or all of its members, as the case may be, are physical persons, that at least sixty per cent of the ordinary shares or of the common shares, as the case may be, are owned by farm operators and that the majority of its shareholder-producers or of its members, as the case may be, are farm operators among whom the principal occupation of the majority is the operation of such farm;

(i)  “agricultural operations partnership” : a partnership within the meaning of the Civil Code whose principal object is the joint operation of an economic farm, of which it is the owner or lessee, which is constituted by a written contract complying with the regulations, which is composed of physical persons and in which at least sixty per cent of the interests are owned by farm operators among whom the principal occupation of the majority is the operation of such farm;

(j)  “joint borrowers” : several physical persons to whom a loan is granted jointly, who jointly operate an economic farm constituted of the aggregate of the farms of which they are the owners or lessees, while sharing, according to the proportions determined among them, the income from the aggregate of such farms, provided that not less than sixty per cent of the aggregate of the interests in such farm are owned by one or a number of farmers;

(k)  “loan” : any loan contracted in accordance with this act;

(l)  “borrower” : a farmer, an aspiring farmer, an agricultural operations corporation, an agricultural operations cooperative or an agricultural operations partnership to whom a loan is granted, and joint borrowers;

(m)  “union” : any savings and credit union governed by the Savings and Credit Unions Act (chapter C-4);

(n)  “bank” : any bank within the meaning of the Bank Act (Statutes of Canada) or the Québec Savings Banks Act (Statutes of Canada);

(o)  “lender” : any union or bank from which a loan has been obtained;

(p)  “federation” : La Fédération de Québec des Unions régionales des Caisses populaires Desjardins, the Fédération de Montréal des Caisses Desjardins, the Fédération des Caisses d’établissement du Québec, the Fédération des Caisses d’économie du Québec and the Fédération des Caisses d’entraide économique du Québec;

(q)  “regulation” : any regulation made by the Gouvernement under this act;

(r)  “loan” : any loan granted in accordance with the provisions of this act.

A holder of a farm under a location ticket or an occupant under a contract for sale made with a veteran under the Veterans’ Land Act (Revised Statutes of Canada, 1970, chapter V-4) shall be deemed an owner for the purposes of this act.

R. S. 1964, c. 109, s. 2; 1965 (1st sess.), c. 40, s. 1; 1969, c. 43, s. 1; 1972, c. 33, s. 1; 1975, c. 34, s. 19; 1975, c. 35, s. 1.