M-35.1 - Act respecting the marketing of agricultural, food and fish products

Section 149 Disposition versions

2006-12-13

149. The Régie may, by regulation,

(1)  determine in which cases a person, other than a consumer, or a partnership that buys or receives an agricultural product designated by the Régie from a producer, either directly or through an agent, is required to deposit with the Régie, a marketing board or any other person designated by the Régie a guarantee of financial liability to secure payment of the amounts due to the boards or to the producers for the marketing of their products;

(2)  fix the amount of guarantee exigible under paragraph 1, or establish standards which allow fluctuations in the amount of business transacted to be determined and taken into account;

(3)  determine the requirement, other than deposit of the guarantee, which any person or partnership must fulfil to obtain a guarantee certificate or the renewal of a guarantee certificate, and the information and documents the person or partnership must furnish;

(4)  determine the duration of the certificate and establish the fee exigible for its issue or renewal;

(5)  determine the form or content of any certificate which it may issue to attest that a guarantee of financial liability has been deposited;

(6)  determine the requirements to be fulfilled and the procedure to be followed by a producer or a marketing board so that a guarantee of financial liability may be applied to the payment of a debt, the time when such guarantee becomes exigible and the percentage of such debt the producer or marketing board will be entitled to claim;

(7)  require the operator of an establishment referred to in paragraph c of section 30 of the Animal Health Protection Act (chapter P-42) to insure the animals kept by the operator in that establishment and determine the risks to be insured and the amount of the insurance.

The powers of the Régie under subparagraphs 1, 2, 3 and 6 of the first paragraph are exercised in the absence of an agreement homologated by the Régie, or of an arbitration award or a decision by the Régie made in lieu of an agreement, providing for the deposit of a guarantee of financial liability.

1990, c. 13, s. 149; 2000, c. 40, s. 44; 2006, c. 44, s. 2.

2000-11-15

149. The Régie may, by regulation,

(1)  require any person other than a consumer who buys or receives from a producer, directly or through an agent, any agricultural product designated by the Régie to deposit with the Régie a guarantee of financial liability to secure payment of the amounts due to the producers for the marketing of their products;

(2)  fix the amount of guarantee exigible under paragraph 1, or establish standards which allow fluctuations in the amount of business transacted to be determined and taken into account;

(3)  determine the requirement, other than deposit of the guarantee, which any person or partnership must fulfil to obtain a guarantee certificate or the renewal of a guarantee certificate, and the information and documents the person or partnership must furnish;

(4)  determine the duration of the certificate and establish the fee exigible for its issue or renewal;

(5)  determine the form or content of any certificate which it may issue to attest that a guarantee of financial liability has been deposited;

(6)  determine the requirements to be fulfilled and the procedure to be followed by a producer so that a guarantee of financial liability may be applied to the payment of a debt owed to him, the time when such guarantee becomes exigible and the percentage of such debt he will be entitled to claim;

(7)  require the operator of an establishment referred to in paragraph c of section 30 of the Animal Health Protection Act (chapter P-42) to insure the animals kept by the operator in that establishment and determine the risks to be insured and the amount of the insurance.

1990, c. 13, s. 149; 2000, c. 40, s. 44.

1990-09-12

149. The Régie may, by regulation,

(1)  require any person other than a consumer who buys or receives from a producer, directly or through an agent, any agricultural product designated by the Régie to deposit with the Régie a guarantee of financial liability to secure payment of the amounts due to the producers for the marketing of their products;

(2)  fix the amount of guarantee exigible under paragraph 1, or establish standards which allow fluctuations in the amount of business transacted to be determined and taken into account;

(3)  determine the requirement, other than deposit of the guarantee, which any person or partnership must fulfil to obtain a guarantee certificate or the renewal of a guarantee certificate, and the information and documents the person or partnership must furnish;

(4)  determine the duration of the certificate and establish the fee exigible for its issue or renewal;

(5)  determine the form or content of any certificate which it may issue to attest that a guarantee of financial liability has been deposited;

(6)  determine the requirements to be fulfilled and the procedure to be followed by a producer so that a guarantee of financial liability may be applied to the payment of a debt owed to him, the time when such guarantee becomes exigible and the percentage of such debt he will be entitled to claim.

1990, c. 13, s. 149.