Saskatchewan Canola Development Commission Levies Order

SOR/92-608

Registration 16 October, 1992

AGRICULTURAL PRODUCTS MARKETING ACT

Saskatchewan Canola Development Commission Levies Order

The Saskatchewan Canola Development Commission, pursuant to sections 3 and 4 of the Saskatchewan Canola Order, made by Order in Council P.C. 1992-1026 of May 14, 1992*, hereby makes the annexed Order providing for the fixing, imposing and collecting of levies from certain persons who are engaged in the production and marketing of canola in Saskatchewan.

Saskatoon, Saskatchewan, October 16, 1992

*SOR/92-271, 1992 Canada Gazette Part II, p. 2060

ORDER PROVIDING FOR THE FIXING, IMPOSING AND COLLECTING OF LEVIES FROM CERTAIN PERSONS WHO ARE ENGAGED IN THE PRODUCTION AND MARKETING OF CANOLA IN SASKATCHEWAN

SHORT TITLE

1. This Order may be cited as the Saskatchewan Canola Development Commission Levies Order.

INTERPRETATION

2. In this Order,

"Act" means The Agri-Food Act, Statutes of Saskatchewan 1990-91, c. A-15.2; (Loi)

"buyer" means a person who buys canola; (acheteur)

"canola" means canola produced in Saskatchewan; (colza)

"Commission" means the Saskatchewan Canola Development Commission; (Commission)

"producer" means

(a) a person who is engaged in the production or marketing of canola and includes the employer of such a person,

(b) a person who is entitled under any lease or agreement

(i) to a share of the canola produced by a person mentioned in paragraph (a), or

(ii) to the proceeds from the sale of that canola, or

(c) a person who takes possession of any canola under any form of security or legal proceedings for a debt. (producteur)

LEVIES

3. Every producer shall pay to the Commission a levy of 50 cents per tonne of canola or portion thereof marketed by that producer in interprovincial and export trade, in the manner set out in section 4.

METHOD OF PAYMENT

4. (1) Every buyer shall deduct from every payment made to a producer a levy of 50 cents per tonne or portion thereof on a pro rata basis of canola marketed by the producer.

(2) Every buyer who buys canola from a producer or acquires canola from a producer for sale on the producer's behalf shall deduct the amount of the levy referred to in subsection (1) from any proceeds payable to or on behalf of the producer.

(3) Every buyer shall forward levies referred to in subsection (1) to the Commission, together with a statement on a form provided by the Commission that sets out

(a) the amount of canola obtained from the producer;

(b) the amount of levy being paid on behalf of the producer;

(c) the name of the producer; and

(d) the producer's Canadian Wheat Board identification number.

(4) Every buyer who collects a levy shall, unless otherwise directed by the Commission, pay the amount of the levy collected to the Commission within 55 days after the end of the month in which the levy was collected.