PROVINCE OF BRITISH COLUMBIA
ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No.
1673
Approved and Ordered
In 151993
Lieutenant Governor
Executive Council Chambers, Victoria On the recommendation of the undersigned. the Lieutenant Governor. by and with the advice and consent of the Executive Council, orders that authorization is given to the Minister of Agriculture, Fisheries and Food to enter into In agreement substantially in the form attached to this order.
Minister of Agricu
e, Fisheries and Food
Presiding Member of the Executive Council
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Authority under nhich Order Is made: Farm Income Insurance Act, R. S. B. C. 1979, c. 123, s. 5. A and section. Act
Other hpeory
DI 1112
f.
AMENDING AGREEMENT NO. a NATIONAL TRIPARTITE PRICE STABILIZATION SCHEME FOR FEEDER CALVES, FEEDER CATTLE AND SLAUGHTER CATTLE THIS AMENDING AGREEMENT MADE THIS
DAY OF
1993.
BETWEEN:
Canada as represented by the Minister of Agriculture for Canada,
AND:
Province of Alberta as represented by the Minister of Agriculture, Food and Rural Development and the Minister of Federal and Intergovernmental Affairs for Alberta. Province of British Columbia as represented by the Minister of Agriculture, Fisheries and Food for British Columbia. Province of Manitoba as represented by the Minister of Agriculture for Manitoba. Province of New Brunswick as represented by the Minister of Agriculture for New Brunswick. Province of Nova Scotia as represented by the Minister of Agriculture and Marketing for Nova Scotia. Province of Ontario as represented by the Minister of Agriculture and Food for Ontario. Province of Prince Edward Island as represented by the Minister of Agriculture for Prince Edward Island. Province of Saskatchewan as represented by the Minister of Agriculture and Food for Saskatchewan.
WHEREAS Canada and the Provinces entered into an Agreement referred to as the National Tripartite Price Stabilization Scheme for Feeder Calves, Feeder Cattle and Slaughter Cattle which was approved by federal and provincial Ministers of Agriculture in February 1989;
-2WHEREAS the said Agreement provides for amendment by further written agreement executed by Canada and at least two-thirds of the Provinces, representing no less than fifty percent of Canadian production, except sections 2.1 to 2.5 inclusive and Schedule "F" for which unanimous agreement is required;
WHEREAS Amending Agreement No. 1 was executed by Canada and the Provinces in February 1992; AND WHEREAS the parties consider it necessary to further amend the said Agreement; NOW THEREFORE the parties hereto covenant and agree as follows: 1.1
In Section 1.0, Definitions the definitions of "Act", "Feeder Cattle" and "Slaughter Cattle" are deleted and the following substituted therefor: "Act" means the Farm Income Protection Act. "Feeder cattle" (backgrounder) means steers and heifers purchased or weaned and kept for feeding for at least 60 days for the purpose of being sold for further feeding and which have been registered in accordance with this Agreement. "Slaughter cattle" means heifers and steers sold for slaughter and graded "A" or "B" under the Beef Grading Regulations pursuant to the Canada Agricultural Products Standards Act or equivalent US grades, or sold live at prices corresponding to those prices received for cattle that are slaughtered and graded "A" or "B", and that have been owned by the Producer for at least 60 days and have been registered in accordance with this Agreement.
1.2
In Section 1.0, Definitions, the definition of Board is deleted.
2.0
The following sentence is added to the end of subsection 3.5: In order to be eligible for stabilization payments, individuals participating as an individual or in a partnership or as part of a body corporate or other entity, must provide their Social Insurance Number. Corporations or cooperatives must provide their Corporate Tax Number.
3.0
Subsection 3.7 is deleted and the following substituted therefor: A change in legal identity (e.g. a sole proprietor incorporates or a corporation dissolves) will not change the status of a producer for enrollment purposes in the Scheme.
-34.0
Subsection 4.1 is deleted and the following substituted therefor: A Producer shall register and pay Premiums on all cattle in farming operations in which he has a financial interest. A Producer shall not avoid payment of Premiums as a result of activities that are without good business purpose.
5.0
Subsection 4.5 is deleted and the following substituted therefor: The share of the Premiums to be paid by Canada or the Provinces to the Cattle Schemes may not, in any given year, exceed three percent of the estimated average Aggregate market value of Slaughter cattle as determined by the Committee to have been sold by Producers during any given year and the two immediately preceding years.
6.0
Subsection 4.6 is deleted and the following substituted therefor: The Committee shall establish due dates for the payment of Premiums and also the interest rate to be charged for late payments.
7.1
Paragraph 5.1(a) is deleted and the following substituted therefor: (a)
7.2
the number of eligible Cattle for such a Period and for which Premiums have been paid, or
The following paragraph is added after 5.1(b): A Producer will not be eligible for stabilization payments that result from activities that he undertook to maximize program benefits i.e., activities that are without good business purpose.
8.0
The last line of subsection 6.3 is deleted.
9.0
Subsection 9.6, Appeals, is added. Producers have the right to appeal to the National Committee, a decision of the Province within 64.1 days of notice being given of the decision relating to the Producers' continued participation or to his or her entitlement to stabilization payments. In such cases, the Province is responsible for providing, in writing, its reasons for the decision along with the producer's written account to Canada. Canada is responsible for assessing, against guidelines established by the National Committee for that purpose, whether the appeal is of sufficient merit to be referred to the National Committee for a ruling.
-410.1 Paragraph 10.1(c) is deleted and the following substituted therefor: (c)
A Producer who fails to pay premiums or report activity is deemed to have terminated participation from the Scheme and therefore forfeits all monies due from that Scheme for the 12 months preceding the effective date of termination and will be required to repay any payments received for that period. Re-enrollment will not be permitted for five years, and upon reentry, paragraph 3.6 will apply; and
10.2 The following paragraphs are added to subsection 10.1: (d)
Effective January 1, 1993, a Producer leaving the Feeder cattle or Slaughter cattle Schemes pursuant to paragraph 10.1(a) or 10.1(b) will be entitled to receive a refund of his Premiums paid on cattle still in inventory at the effective date of termination of participation. A Producer leaving the Scheme for any other reason will not be entitled to any part of Premiums paid into the Account. No Producer will be responsible for any part of the deficit in the Account at the time of withdrawal.
(e)
At the termination of this agreement, a Producer who is enrolled in the Feeder cattle or Slaughter cattle Schemes will be entitled to receive a refund of Premiums paid on cattle still in inventory.
11.0 Sections 12.1 and 12.2 are deleted and the following substituted therefor: 12.0 A Producer who provides false information or is in breach of any of the conditions outlined in the enrollment form executed by the Producer shall forfeit all rights and privileges of the Scheme, including forfeiture of any Premiums paid to the time of the breach or the discovery of such false information. The Producer forfeits all monies due from that Scheme for the 12 months preceding the effective date of termination and will be required to repay any payments received for that period in addition to payments received for those periods for which false information was provided. 12.0 Sections 15.0 and 16.0 of the original agreement shall be renumbered 16.0 and 17.0 and the following is added: 15.1 To satisfy the requirements of subsection 5(2) of the Farm Income Protection Act, within two years of the implementation of this amending agreement, Canada and the Provinces will:
-5(a)
develop a process to monitor, assess and report on the environmental impacts of the Scheme;
(b)
develop an acceptable means to measure environmental impacts.
15.2 Within two years of the implementation of this amending agreement and every five years thereafter, Canada and the Provinces agree to complete an environmental assessment report, in consultation with the Committee, on the need for amendments to the Scheme, mitigation measures and environmental regulations. 15.3 Following completion of the environmental assessment report referred to in subsection 15.2, Canada and the Provinces agree that circumstances and conditions will be established under which participation in the Scheme may be withheld, restricted or enhanced for the purposes of protecting the environment and of encouraging sound management practices to ensure environmental sustainability. 13.0 Paragraph (d) in Schedule "A" is deleted and the following substituted therefor: (d)
By April 1st of each year, a Producer shall register all his beef cows. The Premiums to be paid by a Producer will be based on the number of beef cows registered and will be due at a date determined by the Committee.
14.1 Paragraph (b) in Schedule "B" is deleted and the following substituted therefor: (b)
The support price for a Period is equal to the estimated cash costs of production for that Period as determined by the National Committee plus 85 percent of the average margin in the same Period of the preceding five years.
14.2 Paragraph (d) in Schedule "B" is deleted and the following substituted therefor: (d)
Premiums to be paid by Producers shall be established by the Committee and Producers shall pay such Premiums on all animals purchased or weaned during the calendar Quarter on such dates as determined by the Committee. Premium credits, as determined by the Committee, will be made for cattle that die, or are transferred to the producer's breeding herd, and/or are sold within 60 days of purchase or weaning.
-614.3 In Schedule "B", paragraph (f), the second paragraph is deleted and the following substituted therefor: Effective January 1, 1993, for Producers enrolled in the Feeder cattle scheme or the Slaughter cattle scheme, all sales of heifers under 950 pounds and steers under 1100 pounds, unless otherwise determined by the Committee, are considered to be sales of Feeder cattle unless documentation of slaughter is provided. Sales of cattle over these weights are considered to be sales of Slaughter cattle. 15.1 Paragraph (b) in Schedule "C' is deleted and the following substituted therefor: (b)
The support price for a Period is equal to the estimated cash costs of production for that Period as determined by the National Committee plus 85 percent of the average margin in the same Period of the preceding five years.
15.2 In Schedule "C", paragraph (c), the second paragraph is deleted and the following substituted therefor: This payment will be paid on the Slaughter cattle marketed during the Period that are deemed to have graded "A" or "B" and that have been owned by the Producer for at least 60 days immediately prior to sale. 153 In Schedule "C", paragraph (c), the fourth paragraph is deleted and the following substituted therefor: Before payments are issued, the Producer must submit documentary evidence of the number and weight of Slaughter cattle sold in the Period. Proof of slaughter will be required for steers weighing less than 1100 pounds and for heifers weighing less than 950 pounds, unless otherwise determined by the Committee. The payment per animal can be based on the average weight of Slaughter cattle sold in the Period or on another basis, as may be determined by the Committee, provided that it is uniform and fair for all Producers. 15.4 In Schedule "C", paragraph (d) is deleted and the following substituted therefor: Premiums to be paid by Producers shall be established by the Committee and Producers shall pay such Premiums on all animals purchased or weaned during the calendar Quarter on such dates as are determined by the Committee. Premium credits, as determined by the Committee, will be made for cattle that die, or are transferred to the producer's breeding herd, and/or are sold within 60 days of purchase or weaning.
-716.1 In Schedule "E", the following paragraph is added to section 1: (h)
to establish guidelines to be used by Canada in assessing producer appeals related to the eligibility of the producer or his transactions; to review and decide upon any such appeals directed to the Committee by Canada; and to notify the parties involved of the Committee's decision.
16.2 In Schedule "E", the following paragraph is added to section 2: (g)
to review all appeals against guidelines approved by the Committee; if there are sufficient grounds for the appeal, to refer the case to the Committee for decision. If there are insufficient grounds for appeal, to confirm the Province's decision to the parties involved.
16.3 In Schedule "E", section 3, paragraph (g) is deleted and the following substituted therefor: (g)
to carry out all policing and participant compliance functions within guidelines established by the Committee, including but not limited to: (i)
terminating the participation of a Producer when the Producer has failed to report activity or pay premiums by the deadline established by the Committee; and
(i:)
determining whether sales reported for a period are eligible for stabilization payments; and
(iii)
determining whether a producer is eligible to enroll in a Scheme and, if so, whether late entry penalties apply.
(iv)
terminating the participation of a Producer who provides false information or is in breach of any conditions of enrollmeat.
16.4 In Schedule "E", the following paragraph is added to section 3: (h)
in the case of producer appeals, to provide to Canada a written account of its decision related to the eligibility of the producer or his transactions and the producer's written account for Canada to review in accordance with paragraph (g) of section 3.
17.0 Where reference is made in the Agreement to the "Board", the word "Canada" shall be substituted therefor, except as otherwise indicated.
-8In witness whereof this Agreement is duly executed by the authorized representatives of the parties. DATE
WITNESS
Minister of Agriculture for Canada
Minister of Agriculture, Food and Rural Development for Alberta
Minister of Agriculture, Fisheries and Food for British Columbia
Minister of Agriculture for Manitoba
-9-
Minister of Agriculture for New Brunswick
Minister of Agriculture and Marketing for Nova Scotia
Minister of Agriculture and Food for Ontario
Minister of Agriculture for Prince Edward Island
- 10 DATE
WITNESS
Minister of Agriculture and Food for Saskatchewan
Approved pursuant to the Alberta Federal and Intergovernmental Affairs Act.
Minister of Federal and Intergovernmental Affairs for Alberta
