M-35 - Farm Products Marketing Act

Section 116 Disposition versions

1982-06-23

116. Every person who, in contravention of this act, a joint plan, a by-law, an order, an agreement homologated by the Board or an arbitration decision, refuses or neglects to withhold for or remit to a producers’ board contributions of the producers subject to the plan, and every person who buys a marketed product, for a price less than the minimum price or prescribed price, is liable, in addition to the penalty enacted by section 114 and the costs, to a fine equal to the amount that he has so refused or neglected to withhold or remit, or to the difference between the price paid or agreed upon and the minimum price or prescribed price, as the case may be.

The fines imposed under this section are payable to the Board. It shall distribute the amounts collected among the producers who did not receive the equivalent of the minimum price, proportionately to their respective losses or, in the case of contributions, it shall remit them to the producers’ board to which they belong. However, in the case of joint offer for sale of the marketed product, the Board shall pay the amounts collected to the producers’ board entrusted with the implementation of the joint plan so that the board may dispose of them in the manner provided in the by-law of joint offer for sale.

No proceedings may be brought under this section unless a person authorized to bring them has mailed prior notice of at least ten days to the offender describing the offence and enjoining him to discharge his obligations.

Payment of the required amounts within the time fixed in the notice is a bar to penal proceedings.

1974, c. 36, s. 116; 1982, c. 41, s. 5.

1977-12-31

116. Every person who, in contravention of this act, a joint plan, a by-law, an order, an agreement homologated by the Board or an arbitration decision, refuses or neglects to withhold for or remit to a producers’ board contributions of the producers subject to the plan, and every person who buys a marketed product, for a price less than the minimum price or prescribed price, is liable, in addition to the penalty enacted by section 114 and the costs, to a fine equal to the amount that he has so refused or neglected to withhold or remit, or to the difference between the price paid or agreed upon and the minimum price or prescribed price, as the case may be.

The fines imposed under this section are payable to the Board. It shall distribute the amounts collected among the producers who did not receive the equivalent of the minimum price, proportionately to their respective losses or, in the case of contributions, it shall remit them to the producers’ board to which they belong. However, in the case of joint offer for sale of the marketed product, the Board shall pay the amounts collected to the producers’ board entrusted with the implementation of the joint plan so that the board may dispose of them in the manner provided in the by-law of joint offer for sale.

1974, c. 36, s. 116.