Manitoba Crop Alliance Designation Regulation

Manitoba Crop Alliance Designation Regulation, M.R. 48/2020 The Agricultural Producers' Organization Funding Act , C.C.S.M. c. A18 Regulation 48/2020 Registered June 22, 2020 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Purpose 3 Designation 4 Fees 5 Deduction of fees 6 Use of fees 7 Refunds 8 Books and records 9 Information 10 Transitional 11 Repeal 12 Coming into force Definitions 1 The following definitions apply in this regulation. "association" means the Manitoba Crop Alliance Inc. (« Association ») "corn" includes all corn hybrids. (« maïs ») "crop" means a barley, corn, flax, solin, spring wheat, sunflower or winter wheat crop. (« culture ») "flax" means flax seed and flax straw. (« lin ») "producer" means a person who produces a crop in Manitoba. (« producteur ») "regulated product" means a crop that is harvested by a producer. (« produit réglementé ») "solin" means solin seed and solin straw. (« solin ») Purpose 2 The purpose of this regulation is to provide financial support for the association in its role of stimulating, increasing and improving the production and marketing of regulated products, including through education and research relating to the regulated products. Designation 3 Manitoba Crop Alliance Inc. is designated as the representative organization of all producers. Fees 4 A producer who markets a regulated product listed in Column 1 of the following table must pay the association a fee determined in accordance with Column 2: Column 1 Column 2 Regulated Product Fee barley $1.06 per tonne of the regulated product marketed by the producer corn, flax seed, solin seed, sunflowers 0.5% of the total amount of the regulated product marketed by the producer flax straw, solin straw 1% of the total amount of the regulated product marketed by the producer spring wheat $1 per tonne of the regulated product marketed by the producer winter wheat $0.98 per tonne of the regulated product marketed by the producer Deduction of fees 5(1) A purchaser who buys a regulated product from a producer must calculate and deduct all applicable fees under section 4 at the time of purchase. 5(2) For each period set out in Column 1 of the following table, a purchaser must remit the fees deducted under subsection (1) by the date set out opposite in Column 2: Column 1 Column 2 Period Date January 1 to March 31 April 30 April 1 to June 30 July 31 July 1 to September 30 October 31 October 1 to December 31 January 31 of the following year 5(3) When remitting fees, a purchaser must provide the association with the following information about each producer from whom the regulated product was purchased: (a) the name, mailing address and e-mail address of the producer; (b) the total amount of the fees being remitted on the producer's behalf; (c) the quantity, price and type of regulated product purchased from the producer. Use of fees 6 The association may use the fees received under this regulation for its general purposes, including the administration of its operations. Refunds 7(1) A producer may apply for a refund of fees collected under subsection 5(1) by submitting an application to the association in accordance with this section. 7(2) To apply for a refund of fees collected during a period described in Column 1, a producer must submit an application for those fees on or before the date set out opposite in Column 2. If the application meets the requirements of subsection (3), the association must provide the producer with the refund on or before the date set out opposite in Column 3: Column 1 Column 2 Column 3 Refund Period Application Date Refund Date January 1 to June 30 August 1 September 30 July 1 to December 31 February 1 of the following year March 31 of the following year 7(3) An application for a refund must (a) be made on a form approved by, or acceptable to, the association; and (b) contain all information required by the association. Books and records 8 A purchaser of a regulated product must keep and maintain complete and accurate books and records respecting the purchase of the product and provide copies of them when requested to do so by the agency. Information 9 The association must provide the agency with any information, including financial statements, required by the agency to determine that the association is properly using the fees collected under this regulation. Transitional 10(1) The following definitions apply in this section. "former association" means an association designated by a former regulation. (« ancienne association ») "former regulation" means a regulation referred to in section 11 as it read on July 30, 2020. (« ancien règlement ») "new association" means the Manitoba Crop Alliance Inc. (« nouvelle association ») "purchaser" means a person who purchased an agricultural product regulated under a former regulation. (« acheteur ») 10(2) A purchaser who deducted a fee and collected information from a producer of a former association in accordance with section 5 of the applicable former regulation during the period beginning July 1, 2020, and ending July 30, 2020, must remit that fee and provide that information to the new association on or before October 31, 2020. 10(3) A person who, during the period beginning January 1, 2020, and ending July 30, 2020, was a producer of a former association and paid a fee to that association under a former regulation is to be treated as a producer under this regulation for the purpose of applying for and receiving a refund of those fees. Repeal 11 The following regulations are repealed: (a) Manitoba Corn Growers Association Designation Regulation , Manitoba Regulation 137/98; (b) Manitoba Flax Growers Association Designation Regulation , Manitoba Regulation 119/2008; (c) Manitoba Wheat and Barley Growers Association Designation Regulation , Manitoba Regulation 188/2013; (d) National Sunflower Association of Canada Designation Regulation , Manitoba Regulation 160/2003; (e) Winter Cereals Manitoba Designation Regulation , Manitoba Regulation 117/2008. Coming into force 12(1) Subject to subsection (2), this regulation comes into force on July 31, 2020. 12(2) Section 11 and this section come into force on July 30, 2020.