S-25 - Agricultural Societies Act

Abrogée le 9 décembre 1997

Ce document a valeur officielle.

chapter S-25

Agricultural Societies 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Repealed, 1997, c. 70, s. 1.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. 112, s. 1; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

DIVISION I COUNTY, CITY AND TOWN SOCIETIES

§ 1 . — Formation of such Societies

1.1. The name of a society shall not

(1)  contravene the Charter of the French language (chapter C-11);

(2)  include an expression which the law or the regulations reserve for another person or prohibit the society from using;

(3)  include an expression that evokes an immoral, obscene or offensive notion;

(4)  incorrectly indicate the society’s juridical form or fail to indicate such form where so required by law;

(5)  falsely suggest that the society is a non-profit group;

(6)  falsely suggest that the society is, or is related to, a public authority mentioned in the regulation of the Government;

(7)  falsely suggest that the society is related to another person, partnership or group, in particular in the cases and taking into account the criteria determined by regulation of the Government;

(8)  lead to confusion with a name used by another person, partnership or group in Québec, taking into account, in particular, the criteria determined by regulation of the Government;

(9)  be liable, in whatever manner, to mislead third persons.

1993, c. 48, s. 444.

1.2. In this Act, subject to the power provided for in section 1.3,

(1)  “city” or “town” means the territory in which a local municipality whose name included the word “city” or “town” had jurisdiction immediately before the county corporation that would have had jurisdiction in the territory, if that territory had not been excluded by law from the jurisdiction of that corporation, ceased to exist;

(2)  “county” means the territory in which a county corporation had jurisdiction immediately before it ceased to exist or, in the cases referred to in section 5, on 2 April 1912;

(3)  “council”, “warden” and “secretary-treasurer”, where those words refer to a “county”, mean the council, the warden or the secretary-treasurer of the regional county municipality that, in respect of the territory concerned, succeeded the competent county corporation.

1996, c. 2, s. 931.

1.3. The Minister of Agriculture, Fisheries and Food may amend, in general or in respect of a specific territory, a definition set out in section 1.2. The amended definition takes precedence over the definition set out in that section.

The Minister may describe any territory to which a word defined in section 1.2 refers. The description takes precedence over the meaning ascribed by the definition.

Any amendment or description under the first or second paragraph may have retroactive effect to the date fixed by the Minister.

1996, c. 2, s. 931.

2. An agricultural society may be formed in each of the counties of Québec and in each electoral district of each town or city, whenever 50 persons have become members thereof and have signed a memorandum according to form 1.

The society shall consist of the persons who have signed such memorandum, so long as they continue to pay their annual subscription, and of all those who shall, in the future, pay such annual subscription at the proper time.

The annual subscription shall be $2; but nothing shall prevent any member from voluntarily subscribing a sum larger than the annual subscription.

R. S. 1964, c. 112, s. 2.

3. All counties of Québec, united for the purposes of representation in the Legislature, shall, for all the purposes of agricultural organization, be deemed separate counties, and shall enjoy all the rights and privileges conferred in this respect upon counties not so united.

R. S. 1964, c. 112, s. 3.

4. The Government may divide any county in Québec into two or three parts, designated by the letters A, B or C, as the case may be, or may re-unite into one any county so divided into two or three parts.

Thereafter, each part of the counties so divided shall enjoy all the rights and privileges granted to the other counties of Québec for agricultural purposes; but the grant to the society in each division of the said counties, or to the societies of the said divisions, if more than one society be organized therein, shall not exceed, in any one year, the sum of $500.

In case of such partition, the second agricultural society organized in each division shall be known under the name of “Agricultural Society No. 2, division A (B or C, as the case may be), of the county of ”.

R. S. 1964, c. 112, s. 4.

5. The counties of Wright and Labelle, as they existed before the 3rd of April, 1912, for municipal and registration purposes, shall form two distinct sections for purposes of agricultural organization.

In each of such divisions there may be established an agricultural society which shall have a right to the grant allowed by section 62 of this act.

R. S. 1964, c. 112, s. 5.

6. Each agricultural society organized in a county or in a city or town shall be a corporation under the name of “The agricultural society of the county of (or electoral division of, as the case may be)”.

The society may acquire and hold land as a site for exhibitions or for a school of agriculture or model farm, and may sell, lease or otherwise dispose of the same; but not more than 81 ha shall be so held at any one time.

R. S. 1964, c. 112, s. 6; 1984, c. 47, s. 213.

7. The society may, with the approval of the Minister of Agriculture, Fisheries and Food, contract loans, by notes or otherwise, and hypothecate its immoveable property, as security for the repayment.

R. S. 1964, c. 112, s. 7; 1973, c. 22, s. 22; 1974, c. 34, s. 1; 1979, c. 77, s. 21.

§ 2 . — Agricultural Exhibitions

8. Whenever the board of officers and directors of an agricultural society of a county, or part of a county, decide to establish a permanent place for its exhibitions, they shall call a special meeting of the members of the society by giving fifteen days’ notice, stating the object of the meeting.

Such meeting shall choose the place which, in their opinion, is the most central and most convenient in such county or part of a county, on which to erect permanent buildings for holding exhibitions.

R. S. 1964, c. 112, s. 8.

9. The proceedings of the said meetings shall be submitted to the municipal council of such county for its approval at its first general meeting after the receipt of the report of such proceedings.

If the choice made by the said agricultural society be approved, the said county council shall pass a by-law ordering that, in future, all exhibitions of such county or part of a county shall be held at the place so chosen.

If twenty-five members of the society be dissatisfied with the decision of the county council, or if the latter refuse or neglect to come to a decision within six months following the deposit of the minutes of the special meeting of the society in the office of the secretary-treasurer of the county council, such twenty-five members may, by signing a petition to the Minister of Agriculture, Fisheries and Food, appeal from the decision rendered by the county council within the thirty days following the adoption of the municipal by-law in the first case, or ask him, after the expiration of six months, in the second case, to decide upon the choice of the place where exhibitions shall be held and buildings erected, and the decision of the Minister shall be final.

R. S. 1964, c. 112, s. 9; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

§ 3 . — Union of Societies

10. Whenever in any county there exists more than one agricultural society, and one of such societies has allowed two years or more to elapse without proceeding with its organization, the Minister of Agriculture, Fisheries and Food, if deemed advisable, may unite the said societies into one county society.

R. S. 1964, c. 112, s. 10; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

11. On petitions from different parts of a county of which one or all shall be signed by forty persons representing to the Minister of Agriculture, Fisheries and Food that it would be difficult for farmers from the section in which the petitioners reside to attend the exhibitions of the county society in consequence of the distance, and that they, the forty petitioners, consent to subscribe the amount necessary for the organization of a second agricultural society in the county, in conformity with the provisions of this act, the Minister of Agriculture, Fisheries and Food shall examine such petition, and if of opinion that it is desirable to have a second agricultural society in the said county, he may authorize its organization, and fix the limits or the section of the county over which its operations shall extend, and, in such case, the operations of the first society shall be limited to the remainder of the county.

R. S. 1964, c. 112, s. 11; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

12. At least $40 shall be paid before any separate society is formed; and no more than one such society in addition to the first county society shall be so formed, saving the provisions of sections 4 and 5 of this act.

R. S. 1964, c. 112, s. 12.

13. The second society so organized in any county shall be known as the “Agricultural Society number two of the county of ”; and the memorandum of association shall be the same as hereby required for county societies, except that the prescribed limits for its operations shall be specified therein.

R. S. 1964, c. 112, s. 13.

14. Every such additional county society shall be entitled to a share of the public grant, in the ratio of its subscriptions to those of the rest of the county, shall have all the powers of a county society, and shall be subject to all the provisions relating to county societies.

R. S. 1964, c. 112, s. 14.

15. No such separate or additional county society shall be entitled to any share of the public grant for the year in which it is formed, unless such formation has taken place before the first day of May in such year.

The society number one and the society number two in a county may, by petition addressed to the Minister of Agriculture, Fisheries and Food, and approved by the Minister, unite, and shall then form one society, under the name of the “Agricultural Society of the County of ”.

R. S. 1964, c. 112, s. 15; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

16. Two or more county societies may pool their funds or any part thereof, either for purchasing land and all requisites for a model farm, or land on which to erect buildings for exhibitions, or with the object of holding agricultural and industrial exhibitions open to the members of the societies so united, or of establishing competitions for the best cultivated farms, for the finest standing crops or for ploughing matches among such members.

R. S. 1964, c. 112, s. 16.

17. No such pooling may take place unless the measures proposed for carrying out the same and the plan of operations of the said united societies for the current year, have been submitted to and approved by the Minister of Agriculture, Fisheries and Food.

R. S. 1964, c. 112, s. 17; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

DIVISION II DISTRICT SOCIETIES

18. The county agricultural societies, comprised within each of the judicial districts of Québec, may form together a district agricultural society, by adopting resolutions to that end, either collectively or separately, and sending them to the Minister of Agriculture, Fisheries and Food.

Whenever all the societies of a district, or not less than three of them, have resolved to constitute themselves into a district agricultural society, and have for that object appropriated at least $100 each, the Minister of Agriculture, Fisheries and Food if he approve their proceedings, shall transmit to the Inspector General of Financial Institutions a notice of the formation of such society. The notice shall indicate the name and the address of the head office of the society. The Inspector General shall deposit the notice in the register instituted under the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (chapter P-45). From the date of such deposit, the agricultural societies of such district, which have resolved to constitute themselves into a district society, shall be a corporation under the name of “The Agriculture Society of the District of ”, and may acquire and hold immovable property and buildings in which to hold their exhibitions and meetings, or therein to maintain a school of agriculture, and may sell and lease the said immovable property or otherwise dispose thereof, provided always that they do not, at any time, hold more than 122 ha.

The Minister of Agriculture, Fisheries and Food shall refuse to authorize a resolution containing a name that is not in conformity with any of paragraphs 1 to 6 of section 1.1.

The societies in the district which are not united to, and do not form part of, the district society, shall remain separate.

Any county agricultural society may annex itself to an agricultural society of an adjoining district by appropriating at least $100 for such purpose, and such society, so united, shall be for all agricultural purposes considered as forming part of the district to which it shall be so annexed.

R. S. 1964, c. 112, s. 18; 1973, c. 22, s. 22; 1979, c. 77, s. 21; 1984, c. 47, s. 213; 1993, c. 48, s. 445.

19. County societies which have become district societies shall nevertheless continue to enjoy their corporate rights, and have a distinct and separate existence, for the purpose of electing their own officers and managers, of collecting the subscriptions of their members, of drawing the provincial grant hereinafter established and of expending for agricultural and industrial objects that part of their funds not paid over to the district society, in conformity with the rules laid down by the Minister.

R. S. 1964, c. 112, s. 19.

20. The board of management of district agricultural societies shall consist of the presidents and vice-presidents of the county agricultural societies included in such district, who, at their first meeting in each year, shall elect from among themselves a president and vice-president, and shall choose a secretary-treasurer, who, if not already one of the members of the said board of management, shall ex officio become so.

R. S. 1964, c. 112, s. 20.

21. The operations of a district society shall extend over the whole district, irrespective of its subdivision into counties.

R. S. 1964, c. 112, s. 21.

22. The board of management of every district society shall report the election of the officers to the Minister of Agriculture, Fisheries and Food, as soon as such election shall have taken place, and shall, in May of each year, inform him of the sum which the said society will have at its disposal for the current year, and the manner in which it is proposed to expend the funds thereof.

In December of each year, the board shall transmit to the Minister of Agriculture, Fisheries and Food a detailed and approved statement of the manner in which its funds have been employed, attested under oath by the secretary-treasurer.

R. S. 1964, c. 112, s. 22; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

23. One hundred persons in a judicial district in which there is no district society formed under the provisions of section 18 may, with the approval of the Government, upon the recommendation of the Minister of Agriculture, Fisheries and Food, form a district agricultural society by signing a memorandum drawn up, mutatis mutandis, according to form 1.

The annual subscription of members of such society shall be $1; but any person may voluntarily subscribe a larger sum.

R. S. 1964, c. 112, s. 23; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

24. Whenever such society has appropriated, for its purposes, at least $300, the Minister of Agriculture, Fisheries and Food, if he approve of its proceedings, shall transmit a notice of the approval to the Inspector General. The notice shall indicate the name and the address of the head office of the society. The Inspector General shall deposit the notice in the register. From the date of deposit, the society shall form a corporation under the name of “District of Agricultural Society”, with the right to acquire and possess lands and buildings in which to hold its exhibitions and meetings or to establish an agricultural school, as well as to sell and lease or otherwise dispose of such lands, provided it shall possess not more than 122 ha at a time.

The Minister shall refuse to approve the proceedings forming the society if the declaration contains a name that is not in conformity with any of paragraphs 1 to 6 of section 1.1.

R. S. 1964, c. 112, s. 24; 1973, c. 22, s. 22; 1979, c. 77, s. 21; 1984, c. 47, s. 213; 1993, c. 48, s. 446.

25. The board of management of a district agricultural society shall consist of a president, a vice-president and a secretary-treasurer, elected by the members of the society convened in general meeting for such purpose.

R. S. 1964, c. 112, s. 25.

26. The operations of every such society shall extend over the whole district, without reference to its subdivision into counties.

R. S. 1964, c. 112, s. 26.

27. The board of management of the society shall report to the Minister of Agriculture, Fisheries and Food the election of its officers immediately after it has been held, and inform him in the month of May of the amount which it has at its disposal for the current year, and the use it intends to make of its funds.

The board shall forward, every December, to the Minister, a detailed statement of the employment of its funds, approved and sworn to by the secretary-treasurer.

R. S. 1964, c. 112, s. 27; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

28. Whenever such a society has been formed, the right possessed by county societies in the same district to unite to form a district society, shall cease.

R. S. 1964, c. 112, s. 28.

29. The place for holding the district exhibition shall be selected by the board of management of the society, and shall be in the centre or as near the centre of the district as possible.

R. S. 1964, c. 112, s. 29.

DIVISION III SOCIETIES FORMED OF FARMERS’ CLUBS

30. Whenever at least two-thirds of the farmers’ clubs established in the territory of an agricultural society have, collectively or separately, adopted a resolution for the purpose, the board of directors of such society may, by resolution, order that it shall, in future, consist of the farmers’ clubs formed in such territory.

A copy of such resolution, together with those of the farmers’ clubs, shall be transmitted to the Minister of Agriculture, Fisheries and Food and, if the latter approves the same, he shall send a notice thereof to the Inspector General, who shall deposit it in the register. From the date of deposit, the society and the farmers’ clubs formed in its territory shall be subject to the provisions of this division.

R. S. 1964, c. 112, s. 30; 1973, c. 22, s. 22; 1979, c. 77, s. 21; 1993, c. 48, s. 447.

31. The board of directors of the society shall be composed of the president and the secretary-treasurer of each of the farmers’ clubs of the county or territorial division and two directors for each parish situated in the county or territorial division, and having no farmers’ club.

It shall meet at least once a year, on the date fixed for the holding of the general meeting. No general meeting of the members shall be required, the board of directors so composed exercising all the powers of such a meeting.

R. S. 1964, c. 112, s. 31.

32. Every member of a farmers’ club in the society’s territory shall be also a member of the society. He clears himself of his annual subscription by paying it to the farmers’ club to which he belongs, without having to pay any other subscription to the latter. The club shall be obliged to hand over to the society one-half of the subscription so paid.

The society may also recruit members in parishes which have no farmers’ clubs.

R. S. 1964, c. 112, s. 32.

33. For the purpose of calculating the annual allowance to the society, the total amount of subscriptions paid to the farmers’ clubs by the members shall be deemed as paid to the society, and for the purpose of the allowance to the clubs, one-half of such amount shall be deemed as paid to the club which receives it.

R. S. 1964, c. 112, s. 33.

DIVISION IV SPECIAL PROVISIONS RESPECTING COUNTY SOCIETIES, UNITED SOCIETIES AND DISTRICT SOCIETIES

§ 1 . — Purposes of such Societies

34. The object of the said county societies, united societies and district societies shall be to promote improvement in agriculture, horticulture, silviculture, mechanics, manufacturing and domestic industry and works of art,—

(1)  By holding meetings for the discussion of and for hearing lectures on subjects connected with the theory and practice of improved husbandry;

(2)  By promoting the circulation of agricultural papers;

(3)  By offering prizes for essays on questions of theoretical or practical agriculture;

(4)  By importing or otherwise procuring animals of superior breeds, new varieties of plants and grains, and seeds of the best kinds;

(5)  By organizing ploughing matches, competitions respecting standing crops and the best cultivated farms;

(6)  By holding exhibitions and by giving prizes thereat for the raising or introduction of superior breeds of stock, the invention or improvement of agricultural implements and machines, the production of all kinds of grain or vegetables, for excellence in any agricultural productions or operations, and generally for the improvement of domestic and manufacturing industry, and for works of art.

R. S. 1964, c. 112, s. 34.

§ 2 . — Funds of such Societies

35. The funds of the said societies derived from the subscriptions of members, from public grants, or otherwise, shall not be expended for any object inconsistent with the provisions of this act.

R. S. 1964, c. 112, s. 35.

36. The funds of the said societies, derived from the subscriptions of members and from public grants, shall not be expended for refreshments, feasts, entertainments, or anything similar thereto, to any amount exceeding $25.

If such expenses be incurred beyond the said sum of $25, they shall not be charged in their accounts, and the directors of the society who have authorized them, either directly or by the agency of members of the said society, or of any other persons in their names, shall be personally responsible for all such expenditure, and shall be liable, on suit by any person who has incurred the cost of such refreshments, feasts, entertainments, or anything similar thereto, and who proves his claim, to be jointly and severally condemned to pay him the amount thereof.

Any society permitting such expenditure beyond $25 to be charged in its accounts, and to be paid out of its funds, in any manner or form or under any disguise whatever, shall, on proof of the fact to the satisfaction of the Minister of Agriculture, Fisheries and Food, be deprived of all or of part of the grant for such period as the Minister shall determine.

R. S. 1964, c. 112, s. 36; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

§ 3 . — Organization of Exhibitions and Competitions

37. Each county society, united society or district society established as aforesaid shall, once every two years, hold an exhibition of farm stock, agricultural produce and other objects connected with agriculture, and also of articles of domestic and other manufacture, and works of art, and also organize alternately competitions in regard to the best cultivated farms in accordance with the plans which the Minister of Agriculture, Fisheries and Food shall prescribe.

The Minister of Agriculture, Fisheries and Food may, nevertheless, exempt all or any agricultural societies from holding such exhibitions or such competitions, and order such societies to do whatever it may deem best calculated to promote the interests of agriculture in connection with such exhibitions and competitions, without having power to prevent such societies from holding annual exhibitions if they so desire.

R. S. 1964, c. 112, s. 37; 1973, c. 22, s. 22; 1979, c. 77, s. 21; 1996, c. 2, s. 932.

38. 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 society, after notice thereof shall have been posted up in each parish and township of the county.

R. S. 1964, c. 112, s. 38.

39. The mode of determining the respective merits of the cultivations of lands, in competitions regarding the best cultivated farms shall be settled by the Minister of Agriculture, Fisheries and Food, who shall fix in advance the number and amount of the prizes, and also the conditions of the competition, and shall publish a general by-law for that purpose.

R. S. 1964, c. 112, s. 39; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

40. The Minister of Agriculture, Fisheries and Food shall fix the number of judges of the said competitions, and, at the same time, shall prescribe the qualifications required and the compensation to be allowed them for their services.

R. S. 1964, c. 112, s. 40; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

41. Prizes awarded at exhibitions, at competitions for standing crops and at ploughing matches may be either in money, in books treating of agriculture, in improved agricultural implements or in grain or in animals of superior quality or breeding, after such prizes have been awarded by at least two judges appointed by the officers and directors of the society; but the said judges shall not receive any of the prizes so awarded.

R. S. 1964, c. 112, s. 41.

42. No portion of the moneys belonging to such a society 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 $500, in the place and stead of any salary.

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

R. S. 1964, c. 112, s. 42.

DIVISION V MEETINGS OF COUNTY SOCIETIES AND ELECTION OF DIRECTORS

43. An annual general meeting of the members of every agricultural society shall be held in the month of November, December or January, on the date fixed by a resolution of the board of directors transmitted to the Minister of Agriculture, Fisheries and Food. In the absence of such resolution, the meeting shall be held on the day fixed by the Minister. In any county where there is no society, a meeting for the formation of a society may be held on the day fixed by the Minister.

R. S. 1964, c. 112, s. 43; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

44. Such meeting shall be called by notices posted up or read at the church doors, or at any other public place in each parish or township in the county, by order of the president of the society, at least fifteen days before such meeting; and, in counties wherein agricultural societies have not yet been organized, the same shall be done by order of the warden of the county. The person calling the said meeting shall be entitled to preside thereat until a chairman is elected.

R. S. 1964, c. 112, s. 44.

45. (1)  At such meeting the persons who have become members by paying their subscriptions for the current year, at least one hour before the opening of the meeting, shall elect a director for each local municipality whose territory is comprised in the territory of the society, except for local municipalities whose territory does not have five practical farmers among the members of the society; and, if the number of local municipalities entitled to a representative be less than nine, the members shall elect others to make up that number. One or two auditors shall also be elected.

The Minister of Agriculture, Fisheries and Food may appoint a director for each agricultural society. Such director shall exercise all the rights and shall perform the obligations of the other directors of the society, and shall remain in office during pleasure.

Such director and those appointed by the members of each society shall form the board of directors.

(2)  Ten or more subscribers in the territory of any local municipality, at least five or whom shall be farmers who have paid their annual subscription for the current year, may, at a meeting called by public notice given at least eight days previous thereto by the mayor or, in his default, by a justice of the peace, and held during the week preceding the general meeting of the society, elect a director to represent the local municipality on the board of directors of the society.

(3)  On payment of the amount representing the subscriptions of the voters at such local municipal meeting to the secretary-treasurer of the society, and, on presentation by at least two of such voters to the general meeting, of a certificate from the chairman of such local municipal meeting establishing that such director has been elected thereat, the election of such director shall be confirmed, and no other director shall be appointed for such local municipality.

(4)  In order to have a right to vote at such election, or to be elected director, every member must be at least 16 years of age.

(5)  At its first meeting the board of directors shall elect a president, a vice-president and a secretary. The secretary shall not be chosen from amongst the directors, and shall not have a vote.

R. S. 1964, c. 112, s. 45; 1973, c. 22, s. 22; 1979, c. 77, s. 21; 1996, c. 2, s. 933.

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

Vacancies occurring during the year among the officers or directors may be filled at a special meeting of the board of directors to be called for that purpose.

The Minister of Agriculture, Fisheries and Food, however, shall alone be entitled to fill any vacancy that may arise in the office of a director appointed by it.

R. S. 1964, c. 112, s. 46; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

47. The officers and directors 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, one week at least before the day fixed for the holding of such meeting.

R. S. 1964, c. 112, s. 47.

48. At such meeting five directors shall form a quorum.

R. S. 1964, c. 112, s. 48.

49. The officers and directors may, at every such meeting, make regulations and by-laws for the government of the society, and modify and repeal the same.

R. S. 1964, c. 112, s. 49.

50. The officers and directors of the society shall draw up and submit, at the annual meeting, a detailed report of their operations during the year ending on the 31st of October previous, declaring and showing the names of all the members of the society, the amount subscribed and paid by each of them, the names of all persons to whom prizes have been awarded, the names of all persons to whom prizes have been paid, the amount remaining due on the prizes awarded, the amount of each prize, and the name of the object or head of cattle for which the prize was awarded, together with such other remarks on the agriculture of the county and the improvements which either have been or may be introduced into the same, as the board of directors are in a position to offer.

R. S. 1964, c. 112, s. 50.

51. They shall further submit, at the said meeting, a detailed statement of the receipts and expenditure of the society during the year, and the grant given to farmers’ clubs, as well as a statement, certified by the auditors, of the assets and liabilities at the end of the year.

R. S. 1964, c. 112, s. 51.

52. The said report and statement, when approved by the meeting, shall be entered in the journal of the society 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 1st of February following. They shall be made upon forms supplied by the Minister of Agriculture, Fisheries and Food.

R. S. 1964, c. 112, s. 52; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

53. Should it be found, within one year following the receipt by the Minister of an annual statement of any society, that any officer of such society has wilfully made a false report with intent to deceive, such officer shall be liable to a maximum fine of $100.

Penal proceedings for such an offence shall be prescribed by one year from the date of receipt of the report.

The certificate of the Minister indicating the date of receipt of the report constitutes, failing any evidence to the contrary, conclusive proof of such fact.

R. S. 1964, c. 112, s. 53; 1969, c. 21, s. 35; 1990, c. 4, s. 832; 1992, c. 61, s. 582.

DIVISION VI MISCELLANEOUS

54. To render the control of the Minister of Agriculture, Fisheries and Food over agricultural societies more efficient, the board of directors or each of them shall, on or before the 1st of February of each year, adopt a plan of operations for the year and send the same to the Minister of Agriculture, Fisheries and Food within fifteen days from its adoption.

R. S. 1964, c. 112, s. 54; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

55. Every society 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 its report, statement of accounts, and plan of operation.

The plan of operation of each society, when once adopted, with or without alteration, by the Minister of Agriculture, Fisheries and Food, shall not be changed without his authorization.

R. S. 1964, c. 112, s. 55; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

56. Whenever the president of a county agricultural society is required so to do by at least ten members, he may call a general meeting of the members of the society 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. 112, s. 56.

57. The officers and directors of agricultural societies shall reply to the inquiries of, and furnish such information as the Minister of Agriculture, Fisheries and Food may require, by letter, circular or otherwise, regarding the condition of agricultural interests in their county or district, and shall comply generally with the recommendations of the Minister of Agriculture, Fisheries and Food.

R. S. 1964, c. 112, s. 57; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

58. The secretary-treasurer of every agricultural society shall be responsible to such society for all moneys collected by him in such capacity, and shall furnish to the society security to the extent of $800, to the satisfaction of the president and vice-president of the society.

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

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

R. S. 1964, c. 112, s. 58; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

59. Contestations of the elections of the officers of county or district agricultural societies shall be referred to the Minister of Agriculture, Fisheries and Food, and be decided by him, without appeal.

The Minister of Agriculture, Fisheries and Food may order a new election, whenever he has annulled an election, determine the date, the manner and place of holding the general meeting of the members, and regulate all details in connection with such new election.

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

R. S. 1964, c. 112, s. 59; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

60. All disputes between societies, or between the members and officers of any society, which cannot be settled by the said society, shall likewise be submitted to the decision of the Minister of Agriculture, Fisheries and Food, which shall be final.

R. S. 1964, c. 112, s. 60; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

61. In any contestation or dispute referred to in section 59 or 60, 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. 112, s. 61; 1973, c. 22, s. 22; 1977, c. 5, s. 14; 1979, c. 77, s. 21; 1990, c. 4, s. 833.

62. Every county agricultural society shall be entitled to an annual grant from the treasury equal to twice the amount subscribed and paid in by its members. When a member subscribes more than $2, the excess shall not be reckoned in calculating the amount of the grant.

An annual sum of $100 000 shall be appropriated out of the consolidated revenue fund for the payment of such grants.

R. S. 1964, c. 112, s. 62.

63. No grant shall be made to any society unless $100 have been subscribed and paid into the hands of the treasurer thereof by at least 50 members, and the whole amount of the grant to each county society, or to all the societies of a county, if there be more than one society therein, shall not, in any one year, exceed $800, except in the counties mentioned in section 4.

For cities and towns the grant to each society shall not be more than $400 a year.

R. S. 1964, c. 112, s. 63.

64. The grant shall be due and payable to each society, 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 society has sent to the Minister of Agriculture, Fisheries and Food an affidavit, according to form 3, sworn to before a justice of the peace, giving the names of the members then forming part of the society, whose subscriptions for the current year have been paid into and are in the hands of the treasurer.

The said 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; and if it be not sent on such date or within the following thirty days, the grant for such 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 the societies, by a registered or certified letter addressed to the secretary-treasurer of each society, that its grant for the year will not be allowed if the affidavit required by this section has not been sent by a registered or certified letter to the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation as required by law.

R. S. 1964, c. 112, s. 64; 1973, c. 22, s. 22; 1975, c. 83, s. 84; 1977, c. 5, s. 14; 1979, c. 77, s. 21.

65. If two societies organized in one county raise together a sum of more than $200, the grant shall be divided between them in proportion to the amount subscribed and paid by each; and if, on the first day of September of any year or within the following thirty days, only one of the said societies has acted in conformity with section 64, it shall have the exclusive right to the entire grant in proportion to the sum subscribed by the members, provided always that when any one of the societies has raised a sum sufficient to entitle it to half the grant, such half shall be paid to it in full, even when the other society has raised a larger amount of subscriptions.

R. S. 1964, c. 112, s. 65.

66. Any balance remaining available after the first day of October, of the $100 000 appropriated for the payment of the grant in favor of agricultural societies and farmers’ clubs shall be wholly or in part applied towards the establishment of an experimental station or any other agricultural purposes, in the discretion of the Minister of Agriculture, Fisheries and Food.

The Minister may employ this balance, wholly or in part:

(1)  To make loans to an agricultural society or a farmers’ club or other agricultural association for the purchase of registered brood animals or for any other agricultural purpose;

(2)  To import or buy thoroughbred brood animals, which it may sell by auction to societies, clubs or private persons, on condition that the buyers shall be bound to keep such animals for breeding in Québec during the time to be fixed by the Minister.

The Minister may make such loans and sell such animals upon the conditions and with the delays which he may think proper, and may receive payment of such loans and of the purchase price of such animals when they become due; and shall thereupon employ such money for the purposes mentioned in this section.

R. S. 1964, c. 112, s. 66; 1979, c. 77, s. 21.

67. The public grant to which agricultural societies are respectively entitled shall be paid to them upon the order of the Minister of Agriculture, Fisheries and Food, but whether such grants be claimed or not, he may retain 12% out of each grant for agricultural purposes.

Out of the balance mentioned in section 66, and out of the 12% retained from its grant, every agricultural society may receive the following subsidies:

(1)  Societies which have owned and kept, for the benefit of their members, thoroughbred stallions for at least nine months during the previous year, or which have granted a premium to the owner of every registered thoroughbred stallion, kept for breeding, for the benefit of their members, for at least nine months during the previous year, shall receive a subsidy of not more than $200; but such subsidies shall in no case be for an amount greater than the premium;

(2)  Societies which hold in the spring a competition for thoroughbred stallions, or a competition for thoroughbred stallions and bulls, shall receive a subsidy equal to one-half the sum expended for such competition, but not more than $50.

For the purposes of the premium above mentioned, the society shall hold in the spring a competition for thoroughbred stallions.

R. S. 1964, c. 112, s. 67; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

68. When, by reason of changes made in the boundaries of counties, an agricultural society organized under this act, becomes possessed of any moveable or immoveable property, belonging, either wholly or in part, to any society previously organized in the same territory, or in any part thereof, the said property may be valued by arbitrators, upon whom the parties shall agree, and be divided between them equitably and in accordance with their rights.

If the society so holding such property refuse or neglect to arbitrate or to divide the same, or the value thereof, or to comply with any award made upon any such arbitration, the society aggrieved may sue for and recover its proportion of the same, or the amount to which it is entitled by any such award, in any civil court.

The Minister of Agriculture, Fisheries and Food may order the grant of public money payable to such defaulting society to be withheld while such default continues.

R. S. 1964, c. 112, s. 68; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

69. If any society neglect, for two years, to comply with the provisions of this act, the Minister of Agriculture, Fisheries and Food may declare it dissolved, may realize all its assets and employ the proceeds in paying the debts of the society, and any surplus of assets over liabilities may be used for the encouragement of agricultural institutions, and for the benefits of the interests of agriculture generally in the county where such society existed.

Where a society is dissolved by the Minister, the latter shall send an act of dissolution to the Inspector General, who shall deposit it in the register.

The society is dissolved from the date fixed by the Minister or from the date of deposit of the act in the register.

R. S. 1964, c. 112, s. 69; 1973, c. 22, s. 22; 1979, c. 77, s. 21; 1993, c. 48, s. 448.

70. Every municipality may grant money or land in aid of any agricultural or horticultural society or of any incorporated mechanics’ institute in its territory, and may guarantee the payment of the capital and interest of any bonds of any such society or institute, and accept any security for the repayment of any payment made by it, in consequence thereof. No such guarantee shall exceed 5 % of the total value, entered on the real estate assessment roll in force when the guarantee is granted, of the immovables situated in the territory of the said municipality.

R. S. 1964, c. 112, s. 70; 1996, c. 2, s. 934.

71. Agricultural societies may, during their exhibitions, sell by auction the farm stock exhibited by them or cause them to be sold by any unlicensed person, without being bound to pay duty.

R. S. 1964, c. 112, s. 71.

72. The Minister of Agriculture, Fisheries and Food shall send notice of the formation of an agricultural society to the Inspector General. The notice shall indicate the name and the address of the head office of the society. The Inspector General shall deposit the notice in the register.

R. S. 1964, c. 112, s. 72; 1973, c. 22, s. 22; 1979, c. 77, s. 21; 1993, c. 48, s. 449.

72.1. Any interested person may, upon payment of the fees prescribed by regulation of the Government, petition the Minister of Agriculture, Fisheries and Food to order a society to change its name if the name is not in conformity with section 1.1 or with section 6, 13, 15, 18 or 24.

1993, c. 48, s. 450.

72.2. Before rendering a decision, the Minister of Agriculture, Fisheries and Food shall give all interested parties an opportunity to submit their observations.

1993, c. 48, s. 450.

72.3. The decision of the Minister of Agriculture, Fisheries and Food shall be in writing, give reasons and be signed. It shall be sent without delay to the parties and to the Inspector General, who shall deposit it in the register.

The decision is executory on the expiry of the time limit for appeal set out in section 123.146 of the Companies Act (chapter C-38).

1993, c. 48, s. 450.

72.4. On the expiry of the time limit for appeal, the Minister of Agriculture, Fisheries and Food may, at the request of an interested party, change the name of a society which does not respect the order.

The Minister may also, on his own initiative, change the name of a society which does not respect the order issued by the Minister, on the ground that the name is not in conformity with any of paragraphs 1 to 6 of section 1.1 or with section 6, 13, 15, 18 or 24.

1993, c. 48, s. 450.

72.5. Where the Minister of Agriculture, Fisheries and Food assigns a name to the society, he shall issue a certificate in duplicate establishing the change and send one duplicate to the Inspector General, who shall deposit it in the register.

The Minister shall send the order duplicate of the certificate to the society or to its representative.

1993, c. 48, s. 450.

72.6. The Minister of Agriculture, Fisheries and Food may delegate to a member of his personnel the powers conferred upon him by sections 72.1 to 72.5.

1993, c. 48, s. 450.

72.7. Any person aggrieved by a decision of the Minister of Agriculture, Fisheries and Food rendered under section 72.3 may appeal from it in accordance with sections 123.145 to 123.157 of the Companies Act (chapter C-38).

1993, c. 48, s. 450.

73. (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

(Sections 2, 23)

Memorandum of Association

  We, the undersigned, agree to form a society, under the
provisions of the Agricultural Societies Act (Revised Statutes
of Québec, chapter S-25), to be called the Agricultural Society
of the county (or electoral district (as the case may be) of
 ..............................................................,
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
society, (any member being at liberty to retire therefrom upon
giving notice in writing to the secretary, at anytime before the
annual meeting, of his wish so to do) the sums opposite our
respective names, and we further agree to conform to the rules
and by-laws of the said society.

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                                               .               
                    Names                      .    $ cts.     
                                               .               
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                                               .               
                                               .               
                                               .               
                                               .               
                                               .               
                                               .               
                                               .               
                                               .               
                                               .               
                                               .               
                                               .               
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R. S. 1964, c. 112, form 1; 1993, c. 48, s. 451.

2

(Section 58)

Surety Bond

PROVINCE OF QUÉBEC

We, .............., residing in .............., and .............., residing in .............., bondsmen of .............., secretary-treasurer of the Agricultural Society No .............. of the county of .............., respectively acknowledge ourselves to be indebted to the said Agricultural Society of .............., of the county of .............., accepting hereof through its president and vice-president, in the sum of $800 currency for the use and profit of the said society;

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 58 of the Agricultural Societies Act (Revised Statutes of Québec, chapter S-25).

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 as the secretary-treasurer of the Agricultural Society of .............. of the county 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 society 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 58 of the Agricultural Societies Act.

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

(Signatures)

Bondsmen.

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

A. B.,

President of Agricultural Society

No .............. of the county of ..............

C. D.,

Vice-President.

R. S. 1964, c. 112, form 2.

3

(Section 64)

List and Certificate of Subscriptions for the Year

AGRICULTURAL SOCIETY NO. .............. OF THE COUNTY OF ..............

I, the undersigned, president, (vice-president or secretary-treasurer) of the Agricultural Society of .............. declare on oath that (here state the names, occupations and post-office addresses of all the members of the society, with the sums paid by each, opposite to their respective names), members of the said society, 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 society; and that there is now on hand the sum of .............. dollars, the proceeds of the said subscriptions, available according to law.

I further declare that the secretary-treasurer of this society has given a bond to the amount of $800 subscribed by (names, occupation, residence), who are fully solvent to said amount, a copy of which bond is hereunto annexed.

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

A. B.,

President,

(Vice-President or Secretary-Treasurer)

Sworn before me, at .............., this .............. day of .............., one thousand nine hundred and ..............

E. F.,

Justice of the Peace.

R. S. 1964, c. 112, form 3.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 112 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter S-25 of the Revised Statutes.