Bill C-50
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
|
|
42-43 ELIZABETH II |
|
|
|
CHAPTER 39 |
|
|
|
An Act to amend the Canadian Wheat Board
Act
|
|
|
|
[Assented to 24th November, 1994]
|
|
| R.S., c. C-24;
R.S., cc. 37,
38 (4th
Supp.); 1988,
c. 65; 1991,
cc. 33, 46, 47;
1993, c. 44
|
|
|
| R.S., c. 38
(4th Supp.),
s. 8
|
1. Subsection 33(2) of the Canadian
Wheat Board Act is replaced by the
following:
|
|
| Distribution
of balance
|
(2) Subject to sections 33.1 to 33.5, the
Board shall, on or after January 1 of the year
commencing after the end of any pool period,
distribute the balance remaining in its account
in respect of wheat produced in the designated
area purchased by it from producers during the
pool period, after making the deductions
therefrom provided for in subsection (1) and
the payments provided for in
subsection (1.1), among holders of
certificates issued by the Board pursuant to
this Part during the pool period, by paying on
surrender to it of each certificate, unless the
Board, by order, waives the surrender, to the
person named therein, the appropriate sum
determined by the Board as provided in this
Act for each tonne of wheat referred to therein
according to grade.
|
|
|
|
2. The Act is amended by adding the
following after section 33:
|
|
|
|
Deductions for Research |
|
| Deductions
for research
|
33.1 (1) For the purpose of providing
additional funding for plant breeding research
into new and improved wheat varieties, the
Board shall, with the approval of the Governor
in Council and at such rate as is fixed by the
Governor in Council, make a deduction from
the amount to be paid under subsection 33(2)
to each holder of a certificate from the balance
remaining in the Board's account in respect of
wheat.
|
|
| Special
account
|
(2) The Board shall establish a special
account for each pool period and all
deductions under subsection (1) in respect of
a pool period shall be credited to the special
account for that pool period.
|
|
| Payment to
research
funding
agency
|
(3) Subject to subsection (4), not later than
one hundred and eighty days after the end of
each pool period, the Board shall pay the
balance in the special account for that pool
period to such agency, in this section and
sections 33.2 to 33.4 referred to as the
``research funding agency'', as is designated
by the Governor in Council for the purpose of
funding research activities.
|
|
| Deduction
and
adjustment for
costs
|
(4) Before making a payment under
subsection (3), the Board shall
|
|
|
|
|
|
|
|
|
|
| Distribution
by agency
|
(5) Subject to subsection (6) and
section 33.2, the research funding agency
shall distribute moneys received by it pursuant
to subsection (3) to persons and plant
breeding centres engaged in research
activities into new and improved wheat
varieties with whom it has entered into
research contracts.
|
|
| Deduction
and
adjustment for
costs
|
(6) Before making a distribution under
subsection (5), the research funding agency
shall, subject to such agreement as the
Minister may enter into with the research
funding agency,
|
|
|
|
|
|
|
|
|
|
| Reserve
account
|
33.2 (1) The research funding agency shall
establish a reserve account into which a
portion, determined in accordance with such
rate as may be fixed by the Governor in
Council, of the moneys received by it pursuant
to subsection 33.1(3) shall be deposited.
|
|
| Use of reserve
account
|
(2) The research funding agency may use
the reserve account to fund existing research
contracts referred to in subsection 33.1(5)
where no deductions are made under
subsection 33.1(1) in respect of any pool
period or, where such deductions are made,
the deductions are insufficient to cover those
contracts.
|
|
| Annual report
|
33.3 The research funding agency shall, as
soon as possible after March 31 in each year
and in any event not later than three months
after that date, submit to the Minister an
annual report, in such form as the Minister
may prescribe, of its affairs and operations in
relation to this Part during the twelve month
period ending on December 31.
|
|
| Deductions
are voluntary
|
33.4 (1) The holder of a certificate may
choose to be exempted from the application of
section 33.1 for any particular pool period by
filing with the Board, before such date as is
fixed by the Governor in Council, a notice
stating that no deduction should be made in
respect of that holder.
|
|
| Pool period
commencing
August 1,
1993
|
(2) Notwithstanding subsection (1), the
Board shall make deductions under section
33.1 in respect of the pool period commencing
on August 1, 1993 as though no holder of a
certificate had filed a notice referred to in
subsection (1), but any holder of a certificate
who files such a notice with the research
funding agency before February 28, 1995
shall, in accordance with the terms and
conditions established by the Governor in
Council, be paid by the research funding
agency an amount equal to the amount
deducted for that pool period in respect of that
holder.
|
|
| Exemptions
|
33.5 The Governor in Council may exempt
holders of certificates from the deduction
under section 33.1 on the basis of
|
|
|
|
|
|
|
|
|
|