1 AGRI-FOOD 1 B I L L No. 67 of 1997

An Act to amend The Agri-Food Act (Assented to , 1997) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:

Short title 1 This Act may be cited as The Agri-Food Amendment Act, 1997. S.S. 1990-91, c.A-15.2 amended 2 The Agri-Food Act is amended in the manner set forth in this Act.

Section 2 amended 3

Section 2 is amended: (

a) in clause (

i) by adding the following subclauses after sub- clause (v): “(v.1) insuring; “(v.2) managing risk ”; (

b) in clause (q): (

i) by striking out “ or” after subclause (ii); (ii) by adding “ or” after subclause (iii); and (iii) by adding the following subclause after subclause (iii): “(iv) a promotion-research agency ”; and (

c) by adding the following clause after clause (q): “(q.1) ‘promotion-research agency’ means a promotion-research agency established pursuant to the Farm Products Agencies Act (Canada)”.

Section 5 amended 4 The following subclauses are added after subclause 5(1)(b)(ii): “(ii.1) the manner in which the members of the commission are to be elected; “(ii.2) subject to the provisions of this Act, the manner in which the affairs of the commission are to be conducted”.

Section 7 amended 5 The following subclauses are added after subclause 7(1)(b)(ii): “(ii.1) the manner in which the members of the development board are to be elected;

2 AGRI-FOOD2 “(ii.2) subject to the provisions of this Act, the manner in which the affairs of the development board are to be conducted”.

Section 8 amended 6 The following subclauses are added after subclause 8(1)(b)(ii): “(ii.1) the manner in which the members of the marketing board are to be elected; “(ii.2) subject to the provisions of this Act, the manner in which the affairs of the marketing board are to be conducted”. New sections 12 to 14 7 Sections 12 to 14 are repealed and the following substituted: “Amendment of plans respecting development commissions 12(1) A plan established pursuant to

section 5 may be amended: (

a) in accordance with subsections (2) to (10), where a group of persons engaged in the production or marketing of an agricultural product seeks an amendment to the plan; (

b) in accordance with subsections (8) to (10), where the Lieutenant Governor in Council proposes an amendment to the plan and directs that a vote of producers, as defined in the plan, be conducted; or (

c) in accordance with regulations made pursuant to subsection (10), by the Lieutenant Governor in Council, without a vote of producers, where, in the opinion of the Lieutenant Governor in Council, it is in the public interest to do so.

(2) A group of persons mentioned in clause (1)(

a) seeking an amendment to a plan established pursuant to

section 5 shall: (

a) submit to the minister: (

i) their request for the amendment of the plan; and (ii) a copy of the proposed amendment signed by their representatives; and (

b) ensure that the proposed amendment contains: (

i) a detailed description of the proposed amendment; and (ii) any other information that the minister considers necessary.

(3) Where the minister receives a proposed amendment pursuant to subsection (2) and on receipt of any additional information that the minister may request, the minister may submit that amendment: (

a) to the council for its consideration; or (

b) to the Lieutenant Governor in Council.

(4) Where an amendment is submitted to the council pursuant to clause (3)(a), the council: (

a) shall study and assess the amendment; and

3 AGRI-FOOD 3 (

b) may: (

i) require further information from the group proposing the amendment in order to assess the amendment; and (ii) in order to determine the representative nature of the amendment, hold or cause to be held public hearings for the purpose of receiving representations supporting or opposing the amendment of the plan.

(5) When the council has studied and assessed the amendment pursuant to subsection (4), the council may recommend to the minister: (

a) that it is not expedient to amend the plan; (

b) that the question of the approval of the amendment of the plan be submitted to a vote of producers, as defined in the plan; or (

c) that the plan be amended as proposed without a vote of producers.

(6) Where the council makes a recommendation pursuant to clause (5)(

b) or (c), the minister shall: (

a) submit the council’s recommendation to the Lieutenant Governor in Council; and (

b) advise the Lieutenant Governor in Council whether, in the minister’s opinion, a majority of producers, as defined in the plan, support the proposed amendment.

(7) On receipt of an amendment pursuant to clause (3)(

b) or on receipt of a recommendation pursuant to subsection (6), the Lieutenant Governor in Council may: (

a) by regulation, amend the plan as proposed and prescribe the date on which the amendment is to take effect; (

b) by order, direct that a vote of producers, as defined in the plan, be conducted, in the manner and at the time and place that the Lieutenant Governor in Council may order, on the question of whether the plan should be amended; or (

c) decide not to amend the plan.

(8) Where a vote is directed pursuant to clause (1)(

b) or (7)(b), in order for the vote to be valid, the Lieutenant Governor in Council may fix, by order: (

a) the minimum number of votes required to be cast; or (

b) the percentage of the producers, as defined in the plan, eligible to vote in accordance with the plan who are required to vote.

(9) Where a vote is conducted pursuant to clause (1)(

b) or (7)(

b) and not less than 60% of the producers, as defined in the plan, who vote on the question of whether the plan should be amended, vote in favour of the amendment of the plan, the Lieutenant Governor in Council may, by regulation: (

a) amend the plan as proposed; and (

b) prescribe the date on which the amendment is to take effect.

4 AGRI-FOOD4

(10) For the purposes of amending a plan in accordance with this section, the Lieutenant Governor in Council may make regulations: (

a) amending the terms of the plan; (

b) modifying or withdrawing any powers previously vested in the agency charged with administering the plan; (

c) prescribing any terms and conditions that the Lieutenant Governor in Council considers necessary to effect the amendment of the plan; (

d) respecting any other matter associated with the amendment of the plan. “Amendment of plans respecting development and marketing boards 13(1) A plan established pursuant to

section 7 or 8 may be amended: (

a) in accordance with subsections (2) to (10), where a group of persons engaged in the production or marketing of an agricultural product seeks an amendment to the plan; (

b) in accordance with subsections (8) to (10), where the Lieutenant Governor in Council proposes an amendment to the plan and directs that a vote of producers, as defined in the plan, be conducted; or (

c) in accordance with regulations made pursuant to subsection (10), by the Lieutenant Governor in Council, without a vote of producers, where, in the opinion of the Lieutenant Governor in Council, it is in the public interest to do so.

(2) A group of persons mentioned in clause (1)(

a) seeking an amendment to a plan established pursuant to

section 7 or 8 shall: (

a) submit to the minister: (

i) their request for the amendment of the plan; and (ii) a copy of the proposed amendment signed by their representatives; and (

b) ensure that the proposed amendment contains: (

i) a detailed description of the proposed amendment; and (ii) any other information that the minister considers necessary.

(3) Where the minister receives a proposed amendment pursuant to subsection (2) and on receipt of any additional information that the minister may request, the minister shall refer the amendment to the council for its consideration.

(4) Where an amendment is submitted to the council pursuant to sub- section (3), the council: (

a) shall study and assess the amendment; and (

b) may: (

i) require further information from the group proposing the amendment in order to assess the amendment; and

5 AGRI-FOOD 5 (ii) in order to determine the representative nature of the amendment, hold or cause to be held public hearings for the purpose of receiving representations supporting or opposing the amendment of the plan.

(5) When the council has studied and assessed the amendment pursuant to subsection (4), the council may recommend to the minister: (

a) that it is not expedient to amend the plan; (

b) that the question of the approval of the amendment of the plan be submitted to a vote of producers, as defined in the plan; or (

c) that the plan be amended as proposed without a vote of producers.

(6) Where the council makes a recommendation pursuant to clause (5)(

b) or (c), the minister shall: (

a) submit the council’s recommendation to the Lieutenant Governor in Council; and (

b) advise the Lieutenant Governor in Council whether, in the minister’s opinion, a majority of producers, as defined in the plan, support the proposed amendment.

(7) On receipt of the council’s recommendation pursuant to subsection (6), the Lieutenant Governor in Council may: (

a) by regulation, amend the plan as proposed and prescribe the date on which the amendment is to take effect; (

b) by order, direct that a vote of producers, as defined in the plan, be conducted, in the manner and at the time and place that the Lieutenant Governor in Council may order, on the question of whether the plan should be amended; or (

c) decide not to amend the plan.

(8) Where a vote is directed pursuant to clause (1)(

b) or (7)(b), in order for the vote to be valid, the Lieutenant Governor in Council may fix, by order: (

a) the minimum number of votes required to be cast; or (

b) the percentage of the producers, as defined in the plan, eligible to vote in accordance with the plan who are required to vote.

(9) Where a vote is conducted pursuant to clause (1)(

b) or (7)(

b) and not less than 60% of the producers, as defined in the plan, who vote on the question of whether the plan should be amended, vote in favour of the amendment of the plan, the Lieutenant Governor in Council may, by regulation: (

a) amend the plan as proposed; and (

b) prescribe the date on which the amendment is to take effect.

(10) For the purposes of amending a plan in accordance with this section, the Lieutenant Governor in Council may make regulations: (

a) amending the terms of the plan;

6 AGRI-FOOD6 (

b) modifying or withdrawing any powers previously vested in the agency charged with administering the plan; (

c) prescribing any terms and conditions that the Lieutenant Governor in Council considers necessary to effect the amendment of the plan; (

d) respecting any other matter associated with the amendment of the plan. “Discontinuance of plans 14(1) Any plan may be discontinued by the Lieutenant Governor in Council, by regulation: (

a) pursuant to a vote of producers, as defined in the plan, conducted in accordance with this section; or (

b) without a vote of producers, where, in the opinion of the Lieutenant Governor in Council, it is in the public interest to do so.

(2) Where the Lieutenant Governor in Council considers it advisable, the Lieutenant Governor in Council may direct that a vote of producers, as defined in a plan, be conducted, in the manner and at the time and place that the Lieutenant Governor in Council may order, on the question of whether a plan should be discontinued.

(3) Where the Lieutenant Governor in Council directs that a vote be conducted pursuant to subsection (2), in order for the vote to be valid, the Lieutenant Governor in Council may fix, by order: (

a) the minimum number of votes required to be cast; or (

b) the percentage of the producers, as defined in the plan, eligible to vote in accordance with the plan who are required to vote.

(4) Where a vote is conducted pursuant to subsection (3) and more than 50% of the producers, as defined in the plan, who vote on the question of whether the plan should be discontinued, vote in favour of the discont