C-9 - Farmers’ Clubs Act

À jour au 1^er avril 1999

Ce document a valeur officielle.

chapter C-9

Farmers’ Clubs Act

Repealed, 1997, c. 70, s. 1.

1997, c. 70, s. 1.

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

R. S. 1964, c. 113, s. 1; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

DIVISION I FORMATION OF CLUBS

2. One or more farmers’ clubs may be formed in any territorial division erected for the purpose of establishing agricultural societies, and such clubs shall enjoy all the advantages and privileges of such societies.

R. S. 1964, c. 113, s. 2.

2.1. The corporate name of a club shall be in conformity with section 1.1 of the Agricultural Societies Act (chapter S-25).

1993, c. 48, s. 191.

2.2. The Minister of Agriculture, Fisheries and Food shall refuse to authorize the formation of a club where the memorandum of the club contains a corporate name not in conformity with any of paragraphs 1 to 6 of section 1.1 of the Agricultural Societies Act (chapter S-25).

1993, c. 48, s. 191.

3. There shall be not more than one club in any parish, whatever may be the number of the local municipalities whose territories are comprised in such parish, nor more than one club in each local municipal territory comprised in a township.

With the consent of the Minister of Agriculture, Fisheries and Food, a farmers’ club may be established in any parish or mission that is not entirely comprised in the territory of a local municipality.

R. S. 1964, c. 113, s. 3; 1973, c. 22, s. 22; 1979, c. 77, s. 21; 1996, c. 2, s. 106.

4. The club shall have at least 25 members subscribing the total amount of $30, who sign the memorandum in accordance with form 1, and send the same to the Minister of Agriculture, Fisheries and Food, and the latter, if he think fit to authorize the formation of the club, shall send a notice to that effect indicating the name of the club and the address of its head office to the Inspector General of Financial Institutions. The Inspector General shall deposit the notice in the register instituted in accordance with the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (chapter P-45).

The club shall consist of the persons who have signed such memorandum as long as they continue to pay an annual subscription, and of all persons who, in future, shall pay the same.

The amount of such annual subscription shall be $1, but any member may subscribe more if he wishes to do so.

If more than $2 be paid by any member, the board of management may give him seed, fertilizers or any other thing calculated to aid in his farming operations, to an amount equal to the additional sum paid by him.

R. S. 1964, c. 113, s. 4; 1973, c. 22, s. 22; 1979, c. 77, s. 21; 1993, c. 48, s. 192.

5. From the date of deposit in the register of the notice of the formation of the club, the latter shall be a corporation under a name which includes the words “Farmers’ Club” and the name of the place for which the club is established.

The Minister of Agriculture, Fisheries and Food may, at any time, change the name of a farmers’ club, by filing a notice to that effect with the Inspector General, who shall deposit in the register.

The club may acquire and possess lands for holding exhibitions, for establishing an agricultural school or a model farm, and may sell, lease or otherwise dispose of the same, but shall not own more than 81 ha at a time.

R. S. 1964, c. 113, s. 5; 1973, c. 22, s. 22; 1979, c. 77, s. 21; 1984, c. 47, s. 213; 1993, c. 48, s. 193; 1996, c. 2, s. 107.

5.1. The remedies provided for in section 72.1 of the Agricultural Societies Act (chapter S-25), adapted as required, may be exercised in respect of the name of a club.

1993, c. 48, s. 194.

DIVISION II UNION OF CLUBS

6. One or more clubs and one or more agricultural societies may unite their funds or part of their funds for the purposes set forth in section 16 of the Agricultural Societies Act (chapter S-25), and section 8 of this act.

R. S. 1964, c. 113, s. 6.

7. No such union may take place unless the procedure by which it is to be effected and the purposes for which it is intended, as well as its duration, have been previously submitted to the Minister of Agriculture, Fisheries and Food, and approved by him.

Any club belonging to such union may have less than twenty-five members, and its subscription may be less than that above specified.

R. S. 1964, c. 113, s. 7; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

DIVISION III OBJECTS AND POWERS OF CLUBS

8. Clubs shall have all the powers conferred upon agricultural societies by section 34 of the Agricultural Societies Act (chapter S-25), and they may further,—

(1)  procure books, magazines and newspapers treating of agricultural subjects for the use of their members;

(2)  promote and favor experiments in farming, manure, and improved agricultural machinery and implements, encourage the study of the best methods of fattening cattle, producing milk, manufacturing butter and cheese and improving and draining lands.

Nevertheless no club may alone hold a fall exhibition such as is ordinarily held by agricultural societies.

R. S. 1964, c. 113, s. 8.

9. Any farmers’ club may have animals of improved breed sold, by auction or otherwise, by a person who has no license, and without paying the duties required by law; provided the purchasers undertake to keep such animals within the territory of the club during such time and upon such conditions as the club may determine.

R. S. 1964, c. 113, s. 9.

10. A farmers’ club may form its members, or some of them, into a society for the testing of milch cows, and employ, for such testing, an expert or one of its officers; it may devote its funds, wholly or in part, to defray the expenses of such testing, with the consent of the Minister of Agriculture, Fisheries and Food. The club shall govern such association and fix the salary of its officers. It shall have the right to collect and handle the sums or contributions which each member of the association obliges himself to pay to defray the expenses of the association. Such society shall be formed by means of a memorandum in the following form:

“We, the undersigned, agree to become members of the society for the testing of milch cows of .

This society is to be governed by the directors of the farmers’ club of .

We hereby bind and oblige ourselves to pay, each of us respectively, to such club, the sum of $ annually, to assist in defraying the expenses of this association.

The above sum shall be payable, as to one-half, immediately, and, as to the other half, in one year.

We bind ourselves to conform to the regulations which the club may adopt for the government of such association.

At all times, the officers of the club may visit our stables and farms, between the hours of five hours and nineteen hours, and take note of the milk given by our milch cows.

Dated at , the day of the month of , 19 ”.

Such association shall be formed of the subscribers to such memorandum, and of all farmers who are members of such farmers’ club who, after the production of the memorandum in question, desire to join the society. The above declaration shall be deposited in the office of the farmers’ club.

The club may give prizes to members of the association for herds of cattle submitted for testing by the society.

R. S. 1964, c. 113, s. 10; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

DIVISION IV FUNDS OF CLUBS

11. The funds of clubs, derived from subscriptions of members and public grants, shall not be expended for any object inconsistent with the provisions of this act.

R. S. 1964, c. 113, s. 11.

12. No such funds shall be expended for refreshments, feasts, entertainments or anything similar thereto.

R. S. 1964, c. 113, s. 12.

DIVISION V EXHIBITIONS AND CLUB COMPETITIONS

13. Each club, union of clubs or of societies and clubs, established as aforesaid, may, from time to time, hold an exhibition of agricultural produce, farm stock and other objects connected with agriculture, and also of articles of domestic and other manufacture and works of art, and also organize competitions for the best cultivated farms, in accordance with the plan prescribed by the regulations of the Council of Agriculture.

The Minister of Agriculture, Fisheries and Food may, nevertheless, require or permit such clubs to do whatever they may deem best calculated to promote the interests of agriculture.

R. S. 1964, c. 113, s. 13; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

14. Prizes shall be awarded at the said exhibitions, for the best agricultural and industrial products exhibited, and for farm stock possessing superior economical or other qualities, in the manner prescribed by the officers and directors of each club, after notice thereof has been posted up.

R. S. 1964, c. 113, s. 14.

15. The provisions of sections 39, 40 and 41 of the Agricultural Societies Act (chapter S-25) shall apply to exhibitions and competitions organized by clubs.

R. S. 1964, c. 113, s. 15.

DIVISION VI MEETING AND ELECTION OF DIRECTORS

16. An annual general meeting of the members of every club shall be held on the third Tuesday in January in each year, and, in any territorial district where there is not a club, a meeting for the formation of a club may be held on the same date.

R. S. 1964, c. 113, s. 16.

17. Such meeting shall be called by notice posted up or read at the church doors, or at any other public place in the territory of the organized or proposed club, at least eight days before such meeting, by order of the president of the club, or, in his absence, of the vice-president, and, in districts where no club has yet been organized, by order of the mayor or of a councillor of a municipality.

The person calling the said meeting shall be entitled to preside thereat until a chairman is elected.

R. S. 1964, c. 113, s. 17.

18. At such meeting the members who have paid their subscriptions for the current year at least one hour before the opening of the meeting shall elect seven directors from among themselves, and appoint an auditor.

To be entitled to vote at such election, a member must be at least sixteen years of age.

R. S. 1964, c. 113, s. 18.

19. At its first meeting after the annual general meeting or on the day of the annual meeting if all the directors be present, the board of directors shall elect a president and a vice-president from among the directors, and a secretary-treasurer who must be taken from outside of the board of directors, and who, after his election, shall not form part of such board.

R. S. 1964, c. 113, s. 19.

20. The meeting for the formation of a club or the election of directors of a newly organized club, may be held at any time after notice published in the manner indicated in section 17; but no club shall be entitled to any share of the grant for the year during which it was organized unless the organization and election of directors have taken place before the first of May of such year.

R. S. 1964, c. 113, s. 20.

21. The officers and directors of each club shall, during the year immediately following the annual meeting, and until the election of their successors, exercise all the powers conferred on the club by this act.

Vacancies occurring during the year among the officers or directors shall be filled by the board of directors.

R. S. 1964, c. 113, s. 21.

22. They shall hold their meetings according to the terms of the adjournment, or of a notification in writing, forwarded to each of them by order of the president, or, in his absence, by order of the vice-president, or of the president for the time being, three days at least before the day fixed for the meeting.

R. S. 1964, c. 113, s. 22.

23. At every meeting four directors shall form a quorum.

R. S. 1964, c. 113, s. 23.

24. The officers and directors may at any meeting make regulations and by-laws for the government of the club, and may amend and repeal the same; provided, always, that such regulations and by-laws be consistent with those published by the Council of Agriculture and be submitted in every case for the approval of the Minister of Agriculture, Fisheries and Food.

R. S. 1964, c. 113, s. 24; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

25. The directors shall each year call a general meeting of the members of the club, at which lectures on agriculture shall be given.

The public shall be admitted to such lectures.

In default of such meeting being held, the provincial grant may be refused.

During the fifteen days following every such meeting, the president and secretary shall sign and send to the Minister of Agriculture, Fisheries and Food a report setting forth the date of the meeting, the name of the lecturer or lecturers, the subjects dealt with and the approximate number of persons present.

R. S. 1964, c. 113, s. 25; 1979, c. 77, s. 21.

26. The directors shall draw up and submit, at the annual meeting, a detailed report of their operations during the year that is about to end, declaring and showing the names of all the members of the club, the amount subscribed and paid by each of them, the names of all persons to whom prizes have been awarded, the amount of each prize, and the name of the article or animal for which the prize was awarded, the number and date of the general meetings, the name of the lecturer or lecturers, the subjects treated and the approximate number of persons present, together with such other remarks on the agriculture of the regional municipal territory which comprises the territory of the club and the improvements which either have been or may be introduced into the same, as the board of directors is in a position to offer.

R. S. 1964, c. 113, s. 26; 1996, c. 2, s. 108.

27. They shall further submit, at the said meeting, a detailed statement of the receipts and expenditure of the club during the year.

R. S. 1964, c. 113, s. 27.

28. The said report and statement, when approved by the meeting, shall be entered in the journal of the club kept for such purpose, which entry shall be signed by the president, or vice-president, as faithful and correct, and a copy thereof, attested by the president, vice-president or secretary, for the time being, shall be sent to the Minister of Agriculture, Fisheries and Food, on or before the first day of February following.

R. S. 1964, c. 113, s. 28; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

DIVISION VII MISCELLANEOUS

29. To render the control to be exercised by the Minister of Agriculture, Fisheries and Food over clubs more efficient, the board of directors of each of them shall, on or before the 1st of March of each year, adopt a plan of operations for the year, and send the same to the Minister.

No portion of the moneys belonging to a club shall be employed in the payment of any salary or allowance, but the secretary-treasurer may be allowed a sum not exceeding 10% of the gross receipts, provided that such sum does not exceed $60, in the place and stead of any salary, in conformity with the by-laws that may be adopted from time to time by the Council of Agriculture.

The special grants shall not be taken into account in the calculation of gross receipts.

R. S. 1964, c. 113, s. 29; 1979, c. 77, s. 21.

30. Every club shall, under pain of the suspension and even of the withdrawal of the provincial grant established in favor thereof, act in conformity with all rules which the Minister of Agriculture, Fisheries and Food shall lay down respecting the report, statement of accounts and plan of operations, so far as they are not incompatible with the by-laws adopted by the Council of Agriculture.

The plan of operations of each club, when once adopted with or without alteration by the Minister, shall not be changed without his authorization.

R. S. 1964, c. 113, s. 30; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

31. Whenever the president of a club is required in writing so to do by at least ten members, he shall call a general meeting of the members of the club, by specifying, in the notice of such meeting, the object thereof; and, at the said meeting, no other subjects shall be considered but those for which the same was called.

R. S. 1964, c. 113, s. 31.

32. The officers and directors of clubs shall reply to the inquiries of the Minister of Agriculture, Fisheries and Food, and furnish such information as the Minister may require, by letter, circular or otherwise, regarding the condition of agricultural interests in their territory, and shall comply in general with the by-laws of the Council of Agriculture and the recommendations of the Minister.

R. S. 1964, c. 113, s. 32; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

33. The secretary-treasurer of every club shall be responsible to such club for all moneys collected by him in such capacity, and shall furnish to the club security to the extent of $400, to the satisfaction of the president and vice-president.

He shall not draw any moneys from the Minister of Agriculture, Fisheries and Food until he shall have previously sent to him a copy of the surety bond.

The security of the secretary-treasurer shall be renewed whenever required by the club, and shall be according to form 2.

R. S. 1964, c. 113, s. 33; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

34. Every contestation of the election of any officer of a club shall be referred to the Minister of Agriculture, Fisheries and Food, and be decided by him, without appeal.

The Minister may order a new election whenever he sees fit to annul a contested election, and may determine the date, the manner and place of holding the general meeting of the members, and regulate all details in connection with such new elections.

An election may be contested only within the thirty days following such election.

R. S. 1964, c. 113, s. 34; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

35. Every dispute relating to any matter connected with such societies or clubs arising between clubs or between clubs and societies or the members and officers of any club, which cannot be settled by the said club, shall be likewise submitted to the decision of the Minister of Agriculture, Fisheries and Food, which shall be final.

R. S. 1964, c. 113, s. 35; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

36. In any contestation or dispute referred to in sections 34 and 35, the petitioner shall, with the petition, deposit with the secretary of the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation a sum of $50 as security for costs, failing such deposit, the petition shall not be received.

The Minister of Agriculture, Fisheries and Food may summon witnesses in accordance with the Code of Civil Procedure (chapter C-25).

R. S. 1964, c. 113, s. 36; 1973, c. 22, s. 22; 1977, c. 5, s. 14; 1979, c. 77, s. 21; 1990, c. 4, s. 127.

37. Each club shall be entitled to an annual grant of $0.50 per member, taken from the sum of $100 000 devoted by section 62 of the Agricultural Societies Act (chapter S-25) to the payment of grants to agricultural societies or from any other appropriation voted therefor.

Nevertheless, no club shall receive in one year less than $25 or more than $50.

R. S. 1964, c. 113, s. 37.

38. In addition to the grant mentioned in section 37, the Minister may pay, out of the balance of the available moneys, mentioned in section 66 of the Agricultural Societies Act (chapter S-25), or out of any appropriation voted for the farmers’ clubs, a grant to each club that possesses and keeps, for the benefit of its members, one or more thoroughbred registered bulls, one or more thoroughbred registered boars, or which has given a premium to the owner of a thoroughbred registered bull or a thoroughbred registered boar, which has been kept for breeding for the benefit of the members of the club.

The amount of the grant, as well as the conditions to be complied with in order to receive it, shall be fixed by by-law of the Council of Agriculture approved by the Government. Nevertheless, whenever the grant is based on the premium given to the owner of a bull or a boar, it must not exceed the amount of such premium.

R. S. 1964, c. 113, s. 38.

39. No annual or additional grant may be given to a club unless $30 have been subscribed and paid to its treasurer by at least 25 members.

R. S. 1964, c. 113, s. 39.

40. Every annual or additional grant shall be due and payable to each club so soon as the report, statement of accounts and plan of operations thereof have received the approval of the Minister of Agriculture, Fisheries and Food, and so soon as the president and secretary-treasurer or any other officer of the club has sent to the Minister an affidavit, as in form 3, sworn to before a justice of the peace, giving the names of the members then belonging to the club, whose subscriptions for the current year have been paid to and are in the hands of the treasurer.

Such affidavit shall be sent by registered or certified letter to the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation, on or before the 1st of September in each year; if it be not sent at such date or within the thirty days following, the grant for that year may be suppressed; but the secretary of the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation shall give notice, on the 1st of July in each year, to all clubs, by a registered or certified letter addressed to the secretary-treasurer of each such club, that its grant for the year will not be allowed if the affidavit required by this section has not been sent by registered or certified letter to the said department, as by law required.

R. S. 1964, c. 113, s. 40; 1973, c. 22, s. 22; 1975, c. 83, s. 84; 1977, c. 5, s. 14; 1979, c. 77, s. 21.

41. The annual or additional grants to which farmers’ clubs are respectively entitled shall be paid to them upon the order of the Minister of Agriculture, Fisheries and Food.

R. S. 1964, c. 113, s. 41; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

42. The Minister of Agriculture, Fisheries and Food may apply, wholly or in part, the annual or additional grants of one or more clubs organized in the territorial division in which an agricultural society exists, to the payment of the debts due by such society at the time of the organization of such club or clubs.

R. S. 1964, c. 113, s. 42; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

43. Every municipality may grant moneys or lands as aid to a farmers’ club.

R. S. 1964, c. 113, s. 43; 1996, c. 2, s. 109.

44. If any club neglect, for two years, to comply with the requirements of this Act, the Minister of Agriculture, Fisheries and Food may declare it dissolved, realize its property and employ the proceeds in paying the debts of such club, and use the surplus of the assets over the liabilities for encouraging agricultural institutions, and for promoting the general interests of agriculture in the regional municipal territory in which such club existed.

Where a club is dissolved by the Minister, he shall draw up an act of dissolution and send it to the Inspector General, who shall deposit it in the register.

R. S. 1964, c. 113, s. 44; 1973, c. 22, s. 22; 1979, c. 77, s. 21; 1993, c. 48, s. 195; 1996, c. 2, s. 110.

45. (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.

FORMS

1

(Section 4)

Memorandum of Association

  We, the undersigned, agree to form a club, under the
provisions of the Farmers’ Clubs Act (Revised Statutes of
Québec, chapter C-9), to be called (name of club) ...........,
the head office of which is to be situated at the following
address:.........................; and we hereby severally agree
to pay to the treasurer yearly, while we continue members of the
club, the sums opposite our respective names, and we further
agree to conform to the rules and by-laws of the said club.

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R. S. 1964, c. 113, form 1; 1993, c. 48, s. 196; 1996, c. 2, s. 111.

2

(Section 33)

Surety Bond

PROVINCE OF QUÉBEC,

We, .............., residing in .............., and .............., residing in .............., bondsmen of .............., secretary-treasurer of the Farmers’ Club of .............., respectively acknowledge ourselves to be indebted to the said club, accepting hereof through its president and vice-president, in the sum of $400 currency for the use and profit of the said club;

And, by these presents, we bind ourselves, jointly and severally, our heirs and successors, one of us for the whole, without division or discussion, to the faithful and complete payment of the above-mentioned sum, in accordance with section 33 of the Farmers’ Clubs Act (Revised Statutes of Québec, chapter C-9).

The present surety bond is made subject to the following conditions, viz:

In case the said .............. should well and truly fulfil all the duties and obligations imposed on him in his capacity of secretary-treasurer of the Farmers’ Club of .............. and should apply the moneys in his hands for the purposes and in the manner indicated by the board of directors of the said club and according to law, and should render a faithful and honest account of the said moneys and of his operations as such secretary-treasurer,—then and, in such case, the present surety bond shall be void and of no effect; but in the contrary case, it shall remain valid and binding for the purposes of section 33 of the Farmers’ Clubs Act.

Done and attested at .............., this .............. day of .............., 19..............

(Signature)

Bondsman.

Accepted by ..............

A. B.,

President of Farmers’ Club of the ..............

C. D.,

Vice-President.

R. S. 1964, c. 113, form 2.

3

(Section 40)

List and Certificate of Subscriptions

Farmers’ Club of ..............

I, the undersigned, president (vice-president or secretary-treasurer) of the Farmers’ Club of .............. declare on oath that (here state the names, occupations and post-office addresses of all the members of the club, with the sums paid by each opposite to their respective names), members of the said club, have paid their subscriptions for the current year; that the said sum consists of coin and bank-notes current in Québec and not of promissory notes or other securities; that out of the said sum the sum of .............. has been expended in discharge of claims against the club, and that there is now on hand the sum of .............. dollars, the proceeds of the subscriptions, available according to law.

I further declare that the secretary-treasurer of this club has given a bond to the amount of $400 subscribed by (names, occupation, residence), who are fully solvent to the said amount, a copy of which bond is hereunto annexed.

(Date) ..............

(Signature)

A. B.,

President,

(Vice-President or Secretary-Treasurer.)

Sworn before me, at .............. this .............. day of .............., 19..............

E. F.,

Justice of the Peace.

R. S. 1964, c. 113, form 3.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 113 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter C-9 of the Revised Statutes.