Assented to 2011-12-15
An Act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain Acts
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Marginal note:Short title
PART 1Operations of the Canadian Wheat Board During Preliminary Period
Amendments to the Canadian Wheat Board Act
12 [Transitional Provision]
13 [Transitional Provision]
PART 2Voluntary Pooling
Enactment of Canadian Wheat Board (Interim Operations) Act
Consequential and Related Amendments
Advance Payments for Crops Act
Agricultural Marketing Programs Act
Agricultural Products Cooperative Marketing Act
An Act to amend the Canada Grain Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to repeal the Grain Futures Act
Canada Grain Act
Farm Products Agencies Act
Livestock Feed Assistance Act
Prairie Grain Advance Payments Act
Coming into Force
Marginal note:Order in council
Return to footnote *[Note: Part 2 in force August 1, 2012, see SI/2011-120.]
PART 3Commercialization of the Canadian Wheat Board
41 (1) The following definitions apply in this Part and in Parts 4 and 5.
board means the board of directors of the Corporation as defined in subection 2(1) of the Canadian Wheat Board (Interim Operations) Act. (conseil)
Corporation means the Canadian Wheat Board continued by subsection 4(1) of the Canadian Wheat Board (Interim Operations) Act. (Commission)
Minister means the Minister of Agriculture and Agri-Food. (ministre)
Marginal note:Words and expressions
(2) 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.
Marginal note:Submission to Minister
42 (1) The Corporation must submit an application for continuance under one of the following Acts for the Minister’s approval:
(2) 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.
Marginal note:Submission to applicable authorities
(3) Once the application has been approved by the Minister, the Corporation must submit the application to the applicable authorities under the relevant Act.
Marginal note:Application not invalid
(4) The application is not invalid solely because the Corporation is incorporated by an Act of Parliament.
43 The Corporation is not entitled to apply for continuance in another jurisdiction.
Coming into Force
Marginal note:Simultaneous coming into force
Return to footnote *[Note: Part 3 in force August 1, 2012, see SI/2011-120.]
Ceasing to Have Effect
Marginal note:Ceasing to have effect
45 This Part ceases to have effect on the day on which Part 4 applies.
PART 4Dissolution of the Canadian Wheat Board
Marginal note:Application of Part
46 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.
Final Pool Period
Marginal note:Final 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.
Marginal note:Final payment
(2) 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.
Marginal note:Exercising powers
(3) 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.
Distribution of Assets
Marginal note:Distribution 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.
(2) 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.
Marginal note:Deadline 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.
Marginal note:Failure to submit
(2) Any claim against the Corporation that is not submitted in accordance with subsection (1) is void.
Marginal note:Winding-up expenses
50 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.
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.
Marginal note:Unsatisfied debts and liabilities
(2) 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.
Appointment of Liquidator
52 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.
Marginal note:Powers, duties and functions
53 On appointment of a liquidator,
(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
(b) the by-laws made under section 9 of the Canadian Wheat Board (Interim Operations) Act are deemed to be revoked.
Marginal note:Refusal to honour
54 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.
55 The Corporation is dissolved on a day fixed by order of the Governor in Council.
PART 5Repeal of the Canadian Wheat Board (Interim Operations) Act
Marginal note:Application of Part
56 This Part applies when the Corporation is continued under Part 3 or dissolved under Part 4.
Marginal note:Library and Archives of Canada Act
57 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.
Access to Information Act
Canada Grain Act
Canada Transportation Act
Federal-Provincial Fiscal Arrangements Act
Payments in Lieu of Taxes Act
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