Marketing Council: Legislation and Regulations

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 Provincial Legislation and Regulations | Federal Legislation

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Provincial Legislation and Regulations

Marketing of Agricultural Products Act
This Act provides the framework for agricultural Marketing Boards and Commissions. The Act establishes Marketing Council, to supervise the establishment and operation of Marketing Boards and Commissions. The Act establishes an Appeal Tribunal and it provides the framework to facilitate federal-provincial agreements and delegation of authority. Within the parameters of the legislation, each commodity Marketing Board or Commission develops a set of governing regulations. The Act specifies several different levels of regulation-making and administrative order-making abilities, involving the Lieutenant Governor in Council, the Minister, the Agricultural Products Marketing Council and the respective Marketing Board or Commission.

Operation of Boards and Commissions Regulation
The Operation of Boards and Commissions Regulation sets the reporting and disclosure requirements, and investment limitations for the Marketing Boards and Commissions created under the Marketing of Agricultural Products Act.

Review and Appeal Regulation
This regulation prescribes the processes for reviews and appeals, enables assessing and recovering appeal costs, and establishes the rules for appointing the appeal tribunal members.

Commissions and Marketing Boards Regulations
There are three main regulations governing each Marketing Board or Commission .

Plan Regulation
This regulation is made by Order in Council. Any producer organization that is interested in forming a Marketing Board or Commission is required to prepare a plan regulation. The plan sets the purpose, objectives, governance framework and guides the operation of the organization.

Authorization Regulation
This regulation is made by Council with the approval of the Minister. It sets out which of the powers in the Act may be used by the organization.

Commission or Board Regulation
This regulation is made by the Marketing Board or Commission and is filed with the approval of Council. It sets out the day-to-day operations of the organization. It explains how the Marketing Board or Commission is going to administer their plan and how the powers delegated to them from the Act are going to be used. It provides for, among other things, licenses, producer quotas, minimum prices, service charges and record keeping.

Copies of the provincial legislation and regulations can be ordered from the Queen’s Printer.

Federal Legislation

Farm Products Agencies Act (Canada)
This act creates the Farm Products Council of Canada. It also provides the legal foundation for national marketing agencies. In 1993, Parliament amended the Act to allow the creation of national promotion and research agencies, and renamed the legislation the Farm Products Agencies Act.

Agricultural Products Marketing Act (Canada)
This act extends provincial marketing Boards' authority to the federal level, so they can improve marketing conditions for agricultural commodities by means of interprovincial and export trade and levy authority. Authority is granted as a result of a provincial request and is delegated by way of Order in Council.

The Boards (or agencies or Commissions) are given the authority to exercise, for the benefit of their producers, the same powers in interprovincial and export trade which provincial legislation permits for trade within the province. This applies to such areas as marketing, handling, pricing information and appointment of shippers and shippers-dealers.

The federal government can also give the Boards the authority to charge levies, which can be similar to service charges and license fees, on commodities moving inter-provincially or being exported.

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For more information about the content of this document, contact Lisa Bussieres.
This document is maintained by Amrit Matharu.
This information published to the web on January 12, 2011.
Last Reviewed/Revised on January 28, 2016.