Marketing Freedom for Grain Farmers Act

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Sections88

• 1Short title

  This Act may be cited as the Marketing Freedom for Grain Farmers Act.

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• 14Enactment

  The Canadian Wheat Board (Interim Operations) Act is enacted as follows:

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• *40Order in council

  This Part comes into force on a day to be fixed by order of the Governor in Council. [Note: Part 2 in force August 1, 2012, see SI/2011-120.]

• 41Definitions
• 41(1)

  The following definitions apply in this Part and in Parts 4 and 5.

• 41(1)[p43]

  board means the board of directors of the Corporation as defined in subection 2(1) of the Canadian Wheat Board (Interim Operations) Act. (conseil)

• 41(1)[p44]

  Corporation means the Canadian Wheat Board continued by subsection 4(1) of the Canadian Wheat Board (Interim Operations) Act. (Commission)

• 41(1)[p45]

  Minister means the Minister of Agriculture and Agri-Food. (ministre)

• 41(2)Words and expressions

  Unless it is otherwise provided, words and expressions used in this Part or in Part 4 or 5 have the same meaning as in the Canadian Wheat Board (Interim Operations) Act.

• 42Submission to Minister
• 42(1)

  The Corporation must submit an application for continuance under one of the following Acts for the Minister’s approval:

• 42(1)(a)

  the Canada Business Corporations Act;

• 42(1)(b)

  the Canada Cooperatives Act; or

• 42(1)(c)

  the Canada Not-for-profit Corporations Act.

• 42(2)Deadline

  The application must be submitted to the Minister within four years, or any shorter period specified by the Minister, after the day on which this Part comes into force.

• 42(3)Submission to applicable authorities

  Once the application has been approved by the Minister, the Corporation must submit the application to the applicable authorities under the relevant Act.

• 42(4)Application not invalid

  The application is not invalid solely because the Corporation is incorporated by an Act of Parliament.

• 43Restriction

  The Corporation is not entitled to apply for continuance in another jurisdiction.

• *44Simultaneous coming into force

  This Part comes into force on the day on which Part 2 comes into force. [Note: Part 3 in force August 1, 2012, see SI/2011-120.]

• 45Ceasing to have effect

  This Part ceases to have effect on the day on which Part 4 applies.

• 46Application of Part

  This Part applies only if the Corporation is not continued under Part 3 within five years, or any shorter period specified by the Governor in Council, after the day on which that Part comes into force.

• 47Final pool period
• 47(1)

  The Minister must, by order, in respect of each grain, designate one or more pool periods set by the Corporation under section 27 of the Canadian Wheat Board (Interim Operations) Act as a final pool period for the purposes of winding up the Corporation.

• 47(2)Final payment

  The Corporation must make all payments due under subsection 29(3) of the Canadian Wheat Board (Interim Operations) Act in respect of the final pool period before winding up the Corporation under section 48.

• 47(3)Exercising powers

  After the end of the final pool period, the Corporation may exercise its powers under the Canadian Wheat Board (Interim Operations) Act only for the purpose of administering that pool period and winding up the Corporation.

• 48Distribution of property
• 48(1)

  The property of the Corporation is to be applied in satisfaction of its debts and liabilities, and the charges, costs and expenses incurred in winding-up its affairs.

• 48(2)Clarification

  For greater certainty, the contingency fund established under subsection 18(1) of the Canadian Wheat Board (Interim Operations) Act forms part of the property of the Corporation.

• 49Deadline for claims
• 49(1)

  The Minister may fix a date by which all claims against the Corporation are to be submitted to the Corporation and must publish a notice of that date in the Canada Gazette at least 60 days before that date.

• 49(2)Failure to submit

  Any claim against the Corporation that is not submitted in accordance with subsection (1) is void.

• 50Winding-up expenses

  All charges, costs and expenses properly incurred in the winding-up of the Corporation, including the remuneration of any liquidator appointed under section 52, are payable out of the assets of the Corporation, in priority to all other claims.

• 51Surplus
• 51(1)

  Any surplus that remains after the satisfaction of the debts and liabilities of the Corporation and the winding-up charges, costs and expenses belongs to Her Majesty in right of Canada.

• 51(2)Unsatisfied debts and liabilities

  Any debts and liabilities of the Corporation that remain unsatisfied on the day on which the Corporation is dissolved become the debts and liabilities of Her Majesty in right of Canada.

• 52Appointment

  If the Minister considers it necessary to fully carry out the purpose of this Part, the Minister may appoint a liquidator, who is to hold office during pleasure, to administer the final pool period and wind up the Corporation.

• 53Powers, duties and functions

  On appointment of a liquidator,

• 53(a)

  the president, chairperson and other directors cease to hold their respective offices and the liquidator may exercise all of the powers and perform all the duties and functions of the Corporation; and

• 53(b)

  the by-laws made under section 9 of the Canadian Wheat Board (Interim Operations) Act are deemed to be revoked.

• 54Refusal to honour

  The liquidator may refuse to honour any gratuitous contract, or conveyance or contract without consideration or with a merely nominal consideration, respecting either real or personal property or immovables or movables, made by the Corporation before the appointment of the liquidator.

• 55Dissolution

  The Corporation is dissolved on a day fixed by order of the Governor in Council.

• 56Application of Part

  This Part applies when the Corporation is continued under Part 3 or dissolved under Part 4.

• 57Library and Archives of Canada Act

  Despite sections 58 and 63, the Library and Archives of Canada Act continues to apply to the Corporation but only in respect of government records, as defined in that Act, that were under the control of the Corporation on the day before the day on which this Part applies.

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