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Canada — Quebec Act or statute

Canada — Quebec legislation

Farm Producers Act, 1972

This section defines key terms used in the Act, including producer, association, board, joint plan, marketed product, and Régie.

Source excerpt

administrative review procedurearbitrationassessmentassessmentsassessments and contributionsassociation affiliation reviewassociation financeassociation governanceassociation recognitionboard approvalboard decision ruleboard inquiriesby-law settingby-lawscertificationcomplianceconciliationdefinitionsdispute resolutionfarm product marketingfarm productsfarming productsfederation contributionsfeesfinesinformation reportinginspection complianceinspection powersinterest on late remittancemembership affiliationobstruction of officialspayment termsproducer assessmentsproducer associationsproducer classificationproducer contributionsproducer determinationproducer listsproducer noticeproducer remittancesproducer representationpublicationrecord productionreferendum administrationreferendum voting thresholdreportingspecialized syndicatesunion membershipvoting proceduresvoting rightswithholding and remittancewithholding and remitting assessments
Jurisdiction
Canada — Quebec
Structure
63 provisions
Official identity
Year 1972
Dates
Enacted 1972 · Source version 10 Jun 2026
More statute details
Dates
Enacted 1972 · Source version 10 Jun 2026
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“This section defines key terms used in the Act, including producer, association, board, joint plan, marketed product, and Régie.”

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Section 1

This section defines key terms used in the Act, including producer, association, board, joint plan, marketed product, and Régie.

Section 1

Section 17

If producers approve applying Divisions VIII and IX in a referendum under section 13 or 16, those divisions apply when the Board publishes notice in the Gazette officielle du Québec, or on any later date stated in the notice.

Section 17

Section 30

The certified association’s expenses must be paid by assessments from producers and by contributions from specified federations and specialized syndicates, subject to section 17.

Section 30

Section 45

Do not obstruct or mislead a Board inspector, refuse to give name and address, or ignore an order from the inspector; if required, the inspector must identify himself and show a certificate.

Section 45

Schedule

This provision repeals chapter 37 of the statutes of 1972, except section 58.

Schedule

04

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Source record from www.legisquebec.gouv.qc.ca · Enacted 1972 · Source version 10 Jun 2026

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Showing 63 of 63 provisions

Provision 57Repeal 3Offence 2Amendment
§ 1Section 1Provision

Source excerpt

This section defines key terms used in the Act, including producer, association, board, joint plan, marketed product, and Régie.

1. In this Act, unless the context indicates a different meaning, the following words and expressions mean or designate: (a) “association”: a confederation constituted under the Professional Syndicates Act (chapter S‐40) which groups syndicates, specialized syndicates, federations or specialized federations; (b) “certified association”: the association recognized by the Board as representing all producers in Québec; (c) “federation”: a federation contemplated in section 19 of the Professional Syndicates Act and composed of syndicates; (d) “specialized federation”: a federation consisting exclusively of specialized syndicates; (e) “syndicate”: a syndicate other than a specialized syndicate, constituted under the Professional Syndicates Act, whose members are producers and whose object is the study, defence and promotion of the economic, social and moral interests of the producers generally; (f) “specialized syndicate”: a syndicate constituted under the Professional Syndicates Act, whose members are producers and whose object is the study, defence and promotion of the economic, social and moral interests of the producers principally as regards special farm production or a special phase in such producers’ activities; (g) “marketing”: marketing within the meaning of the Act respecting the marketing of agricultural, food and fish products (chapter M‐35.1); (h) “board”: any body entrusted with the application of a joint plan; (i) “joint plan”: a plan established under the Act respecting the marketing of agricultural, food and fish products and the regulations relating to it; (j) “producer”: a person engaged in the production of a farm product except: i. a person engaged in such production as an employee within the meaning of the Labour Code (chapter C‐27); ii. a person who exploits the forest, except when he exploits a wooded portion of his farm; iii. a person engaged in the production of a farm product consumed entirely by himself and the members of his family; iv. a person whose farm production intended for marketing has an annual value of less than $5,000 or, taking into account the variation in the price of the farm products, any other sum the Government may determine by order, which comes into force on the date of its publication in the Gazette officielle du Québec or on any later date fixed therein; (k) “agricultural product”: any agricultural, horticultural, avicultural, livestock or forest product in its raw state or partly or wholly processed by or for the producer, and any beverage or food product derived therefrom; aquaculture products are considered to be agricultural products; (l) “marketed product”: any farm product to which a joint plan applies; (m) “Régie”: the Régie des marchés agricoles et alimentaires du Québec. A syndicate constituted under the Professional Syndicates Act whose members are either producers or persons engaged in the operation of the farm of a producer and whose object is the study, defence and promotion of those of their interests which relate to the status of women or to future generations of members is considered to be a specialized syndicate. 1972, c. 37, s. 1; 1974, c. 36, s. 125; 1977, c. 5, s. 14; 1982, c. 60, s. 2; 1982, c. 60, s. 1; 1990, c. 13, s. 209; 1990, c. 74, s. 1; 1999, c. 40, s. 220; 2003, c. 23, s. 74. For the purposes of subparagraph iv of subparagraph j of the first paragraph of this section, the amount of the annual value of production intended for marketing below which a person engaged in the production of a product is not considered a farm producer is fixed at $5,000. Order in Council 1618-95 dated 13 December 1995, (1995) 127 G.O. 2, 3596.
Section 1Verify source
§ 2Section 2Provision

Source excerpt

A producer has the right to join a syndicate of his choice, and may join a specialized syndicate if it is made up of producers engaged in the same form of production.

2. A producer has the right to belong to a syndicate of his choice; he also has the right to belong to a specialized syndicate of his choice provided that it consists of producers engaged in the same form of production as himself. Such membership shall allow him to participate in the activities and management of such syndicate or such specialized syndicate. 1972, c. 37, s. 2.
Section 2Verify source
§ 3Section 3Provision

Source excerpt

A member of a syndicate or specialized syndicate may resign by written notice to the secretary or the president.

3. Every member of a syndicate or specialized syndicate may resign by sending a written notice to the secretary or the president. His resignation shall take effect upon receipt of such a notice. 1972, c. 37, s. 3.
Section 3Verify source
§ 4Section 4Provision

Source excerpt

A syndicate, a specialized syndicate, and a federation or specialized federation may choose whether to belong to certain federations or certified associations.

4. A syndicate is free to belong or not to belong to a federation; a specialized syndicate is free to belong or not to belong to a specialized federation, and a federation or specialized federation is free to belong or not to belong to a certified association. 1972, c. 37, s. 4.
Section 4Verify source
§ 5Section 5Provision

Source excerpt

An association seeking certification to represent producers must apply to the Board and include a certified true copy of its by-laws and an authorizing resolution.

5. Every association which wishes to be certified to represent producers must file an application for such purpose to the Board together with a certified true copy of its by-laws and of a resolution authorizing it to present such application. 1972, c. 37, s. 5; 1997, c. 43, s. 425.
Section 5Verify source
§ 6Section 6Provision

Source excerpt

When an application and the section 5 documents are presented, the Board must verify the association’s representative nature and ensure its by-laws meet listed conditions.

6. When an application and the documents contemplated in section 5 are presented to the Board, it must assure itself of the representative nature of the association as regards the producers, and assure itself that the by-laws of such association: (a) contain no provision unjustly preventing a producer from being either a member of a syndicate or of a specialized syndicate, a syndicate or specialized syndicate from being a member of a federation or of a specialized federation, or a federation or specialized federation from being a member of the association; (b) provide for the conditions of affiliation of a federation or a specialized federation with the association; (c) provide for the right of producers who are members of syndicates or of specialized syndicates affiliated to federations or to specialized federations which are members of the association to attend and vote at meetings of the association either directly or through delegates; (d) grant to 10% of the producers who are members of syndicates or of specialized syndicates affiliated with federations or specialized federations belonging to the association the right to hold a special general meeting of the association. 1972, c. 37, s. 6; 1997, c. 43, s. 426.
Section 6Verify source
§ 7Section 7Provision

Source excerpt

An association seeking certification must satisfy the Board that it represents a majority of Québec producers.

7. An association applying for certification must establish, to the satisfaction of the Board and in such manner as the Board considers appropriate, that it represents a majority of the producers of Québec. For the purposes of ensuring itself of its representative nature, the Board may make inquiries among the producers. 1972, c. 37, s. 7; 1997, c. 43, s. 427.
Section 7Verify source
§ 8Section 8Provision

Source excerpt

The Board must grant certification if an association applying for certification proves its representative nature and meets the other conditions in the Act.

8. When an association applying for certification establishes its representative nature, and fulfils the other conditions prescribed in this Act, the Board must grant it certification. Only one association may be certified. 1972, c. 37, s. 8.
Section 8Verify source
§ 9Section 9Provision

Source excerpt

The certification comes into force when the Board publishes notice in the Gazette officielle du Québec, or later if the notice says so.

9. The certification shall come into force upon publication by the Board of a notice in the Gazette officielle du Québec or on any later date indicated therein, and shall remain in force unless cancelled in accordance with this Act. 1972, c. 37, s. 9.
Section 9Verify source
§ 10Section 10Amendment

Source excerpt

An association applying for certification must have its by-laws approved by the Board before certification, and by-laws and any resolution under the Act must be passed by a general meeting.

10. The by-laws of any association applying for certification must be approved by the Board before certification. No amendment of such by-laws of an association applying for certification or of a certified association shall come into force until approved by the Board. Such by-laws, and any resolution contemplated by this Act, must be passed by a general meeting of the association. 1972, c. 37, s. 10.
Section 10Verify source
§ 11Section 11Provision

Source excerpt

The Board must hold referendums, prepare the voter list, and make by-laws about the referendum date and terms.

11. Every referendum provided for by this Act shall be held by the Board which must prepare the list of producers entitled to vote and make by-laws to determine the date and the terms and conditions of the referendum and in particular: (a) the places where the list of producers may be examined; (b) the time granted to every person who believes that he is a producer and whose name does not appear on such list, to apply to the Board for the necessary corrections; (c) the time granted to oppose the inclusion of a person on the list on the grounds that the person does not have the status of producer; (d) the formalities to make public the final list of producers. 1972, c. 37, s. 11; 1997, c. 43, s. 428; 1999, c. 40, s. 220.
Section 11Verify source
§ 12Section 12Provision

Source excerpt

After the required by-law formalities are met, the Board must prepare and publish the final list of producers entitled to one vote at the referendum.

12. After fulfilling the formalities provided for in the by-laws passed under section 11, the Board shall prepare the final list of the producers entitled to one vote at the referendum and shall make it public. No opposition may be filed in respect of such list. 1972, c. 37, s. 12; 1997, c. 43, s. 429.
Section 12Verify source
§ 13Section 13Provision

Source excerpt

On application by a certified association seeking power to collect certain compulsory assessments and contributions, the Board must hold a referendum.

13. On an application by a certified association that wishes to have the power to collect the compulsory assessments and contributions contemplated in Divisions VIII and IX, the Board must order a referendum to be held. In such referendum, the Board shall, in the ballot paper, ask each producer whether he wishes the association to have such power. The Board must, before the referendum, give the producers an explanatory summary of Divisions VIII and IX. 1972, c. 37, s. 13; 1997, c. 43, s. 430.
Section 13Verify source
§ 14Section 14Provision

Source excerpt

A referendum is valid only if at least 60% of the producers vote.

14. For any referendum contemplated in this Act to be considered valid by the Board, at least sixty per cent of the producers must avail themselves of the right to vote. 1972, c. 37, s. 14.
Section 14Verify source
§ 15Section 15Provision

Source excerpt

Subject to section 14, in a referendum under section 13, the Board must treat a two-thirds affirmative answer from voting producers as a favourable vote.

15. Subject to section 14, in a referendum held under section 13, an affirmative answer of two-thirds of the producers who have availed themselves of the right to vote must be considered by the Board a favourable vote for the purpose of the application of Divisions VIII and IX with respect to the certified association. 1972, c. 37, s. 15.
Section 15Verify source
§ 16Section 16Provision

Source excerpt

A certified association may apply to the Board after three years from a referendum if it still has not been vested with the power to levy an assessment and compulsory contribution under Divisions VIII and IX.

16. A certified association which following a referendum has not been vested with the power of levying an assessment and a compulsory contribution in the manner determined in Divisions VIII and IX may, after the expiry of three years from such referendum, present an application for that purpose to the Board with a certified copy of a resolution authorizing it to present such application. The Board shall then order a referendum to be held to establish whether two-thirds of the producers who have availed themselves of the right to vote, wish such divisions to apply to the certified association, the whole subject to section 14. 1972, c. 37, s. 16; 1997, c. 43, s. 431.
Section 16Verify source
§ 17Section 17Provision

Source excerpt

If producers approve applying Divisions VIII and IX in a referendum under section 13 or 16, those divisions apply when the Board publishes notice in the Gazette officielle du Québec, or on any later date stated in the notice.

17. Whenever, in a referendum held under section 13 or 16, the producers decide in favour of the application of Divisions VIII and IX, such divisions shall apply from the publication by the Board of a notice in the Gazette officielle du Québec or from any later date indicated therein. 1972, c. 37, s. 17.
Section 17Verify source
§ 18Section 18Provision

Source excerpt

The Board may, for a referendum, prescribe measures needed to inform producers about this Act.

18. The Board may, for the purpose of a referendum, prescribe any measure necessary to inform the producers respecting the provisions of this Act. 1972, c. 37, s. 18.
Section 18Verify source
§ 19Section 19Provision

Source excerpt

19. Certification shall confer upon an association the following rights, powers and duties: (a) to promote, defend and develop the economic, social and moral interests of its members and of the producers and for such purpose act generally

19. Certification shall confer upon an association the following rights, powers and duties: (a) to promote, defend and develop the economic, social and moral interests of its members and of the producers and for such purpose act generally as the spokesman for the producers; (b) to represent the producers generally as regards the public authorities and any agency, board, commission or group, whenever it is in the general interest of the producers to do so, and cooperate with any organization pursuing similar purposes; (c) to conciliate and coordinate the activities of the different federations, specialized federations, syndicates and specialized affiliated syndicates, and of their members and the special interests of the producers with the common welfare of the producers generally; (d) to carry out research and studies in relation to the production and marketing of farm products and to any matter which may affect the economic and social conditions of its members and producers; (e) to accept the affiliation of a federation or of a specialized federation or, as the case may be, of a syndicate or specialized syndicate; (f) subject to section 17, to establish, levy, receive and redistribute the assessments and contributions under Divisions VIII and IX. 1972, c. 37, s. 19.
Section 19Verify source
§ 19.1Section 19.1Provision

Source excerpt

A certified association may make by-laws to classify producers by the legal status of their operations and to set which categories can have two votes or vote by proxy. Those by-laws must be approved by the Board and published in the Gazette officielle du Québec.

19.1. A certified association may, by by-law, classify the producers into categories according to the legal status of their operations and designate among those categories of producers the categories whose members may be entitled to two votes and the categories whose members may vote by proxy on such conditions as it may determine. Every by-law made under the first paragraph must be approved by the Board and be published in the Gazette officielle du Québec. 1990, c. 74, s. 2.
Section 19.1Verify source
§ 19.2Section 19.2Provision

Source excerpt

A by-law made under section 19.1 applies to federations, specialized federations, and certain producers, whether or not they are affiliated.

19.2. A by-law made under section 19.1 is executory in respect of any federation or specialized federation, whether it is affiliated or not, and in respect of any producer who is a member of a syndicate or of a specialized syndicate whether or not it is affiliated with a federation or specialized federation. 1990, c. 74, s. 2.
Section 19.2Verify source
§ 20Section 20Provision

Source excerpt

The Board must revoke an association’s certification if it no longer has the necessary representative character, and may revoke it ex officio if other certification conditions are no longer met or if the association contravenes the Act, an order, a regulation, or a relevant Board decision, after giving it an opportunity to present observations.

20. The Board shall, after giving it an opportunity to present observations, revoke the certification of an association which no longer has the necessary representative character. The Board may also, ex officio, revoke the certification of an association, after giving it an opportunity to present observations, if such association no longer fulfils the other conditions contemplated for obtaining certification or if it contravenes this Act, an order or a regulation made under such Act or a relevant decision of the Board. 1972, c. 37, s. 20; 1997, c. 43, s. 432.
Section 20Verify source
§ 21Section 21Provision

Source excerpt

The Board may revoke a certified association’s power to use Divisions VIII and IX if a referendum is held and the producers support revocation in the required voting proportion.

21. The Board may, after a referendum is held, subject to the conditions provided for in section 14, revoke the power of a certified association to avail itself of Divisions VIII and IX when the producers declare that they are in favour of such revocation in the same proportion of votes as that provided for the carrying out of the said divisions. 1972, c. 37, s. 21.
Section 21Verify source
§ 22Section 22Provision

Source excerpt

The Board may make certain revocations only in a 90-day window before each two-year expiry date, and the revocation becomes effective when the Board publishes notice in the Gazette officielle du Québec, or later if the notice says so.

22. A revocation contemplated in the first paragraph of section 20 or in section 21 shall be made by the Board only within 90 days immediately preceding the expiry of a period of two years from the certification or, as the case may be, the application of Divisions VIII and IX and subsequently within the same time immediately preceding the expiry of each additional period of two years. Every revocation contemplated in section 20 or 21 shall become executory on the publication by the Board of a notice for that purpose in the Gazette officielle du Québec or on such later date as is indicated therein. 1972, c. 37, s. 22; 1999, c. 40, s. 220.
Section 22Verify source
§ 23Section 23Provision

Source excerpt

An association’s by-laws for certification must set out the conditions federations and specialized federations must meet to affiliate.

23. The by-laws of an association which apply for certification must prescribe the conditions which the federations and specialized federations must fulfil to affiliate with such association. 1972, c. 37, s. 23.
Section 23Verify source
§ 24Section 24Provision

Source excerpt

The certified association must accept the affiliation of qualifying federations or specialized federations.

24. The certified association must accept the affiliation of any federation or specialized federation which fulfils the conditions determined by the by-laws of such association. 1972, c. 37, s. 24.
Section 24Verify source
§ 25Section 25Provision

Source excerpt

A certified association may revoke an affiliation if a federation or specialized federation fails to comply with the Act, related orders or regulations, or a relevant Board decision.

25. The affiliation may be revoked by the certified association if a federation or a specialized federation does not comply with this Act, an order or a regulation made under such Act or a relevant decision of the Board. 1972, c. 37, s. 25.
Section 25Verify source
§ 26Section 26Provision

Source excerpt

A federation or specialized federation whose affiliation is refused or revoked may ask the Board to review the decision, but the written review request must be sent within 30 days.

26. Any federation or specialized federation whose affiliation is refused or revoked by an accredited association may apply to the Board for a review of that decision. Such application for review must be forwarded to the Board in writing within 30 days following receipt of the written decision of the certified association. The Board may, at the request of the interested federation or specialized federation, ex officio render a decision on an application for affiliation when a certified association has neglected or omitted to pronounce upon it in writing within 30 days after receipt of such application. The Board shall allow the certified association and the federation or specialized federation to present observations. Any application for review filed with the Board shall suspend execution of the decision of the certified association revoking the affiliation. Every decision of the Board under this section shall be final and executory. 1972, c. 37, s. 26; 1997, c. 43, s. 433.
Section 26Verify source
§ 27Section 27Provision

Source excerpt

A federation or specialized federation, through affiliation, must become a member of the certified association and is entitled to attend its meetings and vote through the number of delegates set by the association’s by-laws.

27. Through affiliation, a federation or specialized federation shall become a member of the certified association and be entitled to attend the meetings of such certified association and to vote thereat through such number of delegates as are determined by the by-laws of the association respecting affiliation. 1972, c. 37, s. 27.
Section 27Verify source
§ 28Section 28Provision

Source excerpt

If Divisions VIII and IX apply to a certified association, affiliation entitles certain federations and syndicates to receive a share of producer assessments from that association.

28. In cases where Divisions VIII and IX apply to the certified association, affiliation shall entitle the federation or specialized federation and the syndicates or specialized syndicates which are members of it, to receive from the certified association a share of assessments of producers in accordance with sections 31, 32 and 33. 1972, c. 37, s. 28.
Section 28Verify source
§ 29Section 29Provision

Source excerpt

A federation or specialized federation may terminate affiliation by sending the certified association a certified copy of a resolution at least 30 days before the date stated in the resolution.

29. Any federation or specialized federation may terminate affiliation by sending the certified association a certified copy of a resolution for that purpose at least thirty days before the date referred to in such resolution to terminate affiliation. 1972, c. 37, s. 29.
Section 29Verify source
§ 30Section 30Provision

Source excerpt

The certified association’s expenses must be paid by assessments from producers and by contributions from specified federations and specialized syndicates, subject to section 17.

30. Subject to section 17, the expenses of the certified association shall be paid by assessments from the producers and contributions from the federations and specialized federations and from those specialized syndicates which are not members of specialized federations; the contributions may be paid out of the moneys collected by the boards under Chapter IX of Title III of the Act respecting the marketing of agricultural, food and fish products (chapter M-35.1). 1972, c. 37, s. 30; 1974, c. 36, s. 125; 1990, c. 74, s. 3.
Section 30Verify source
§ 31Section 31Provision

Source excerpt

The certified association must set assessment and fee amounts, payment terms, and the annual assessment by by-law; the by-law may also set producer categories for fixing the assessment.

31. The amount of the assessment and fees contemplated in section 30 and the terms and conditions of payment shall be determined by by-law of the certified association. The by-law shall determine an annual assessment, in a fixed or variable amount, exigible from each producer by the certified association. It may also establish, for fixing the assessment, categories of producers. Contributions payable to the certified association by federations and specialized federations and by the specialized syndicates contemplated in section 30 may be in a fixed or variable amount according to the nature, importance and extent of the services rendered to them by such certified association, the number of their members or the number of producers directly or indirectly affected by their activities. In the case of a board, contributions shall not exceed, subject to section 35, 20% of the amounts exigible from the producers subject to the joint plan under Chapter IX of Title III of the Act respecting the marketing of agricultural, food and fish products (chapter M-35.1). 1972, c. 37, s. 31; 1974, c. 36, s. 125; 1990, c. 74, s. 4; 2023, c. 26, s. 2.
Section 31Verify source
§ 32Section 32Provision

Source excerpt

By-laws under section 31 apply to federations, specialized federations, producers, and specialized syndicates, whether or not they are affiliated or members.

32. The by-laws contemplated in section 31 shall be executory as regards any federation or specialized federation, whether affiliated or not, and as regards any producer who is or is not a member of any syndicate or specialized syndicate affiliated or not affiliated with a federation or specialized federation. They shall also be executory as regards the specialized syndicates contemplated in section 30. 1972, c. 37, s. 32.
Section 32Verify source
§ 33Section 33Provision

Source excerpt

The certified association must determine by by-law each assessment’s aliquot share payable to the federations or affiliated specialized federations and member syndicates.

33. The certified association shall, by by-law, determine the aliquot share of each assessment it must pay respectively to the federations or affiliated specialized federations and the syndicates which are members thereof, as compensation for the services they render to producers. In the case of a board and of the specialized syndicates which are members of it, the certified association may dispense with determining such aliquot share if the by-law prescribing the assessment exigible from the board expressly mentions that in determining such assessment, consideration has been given to the aliquot shares which may be returned under this section to such board and to the syndicates which are members of it. 1972, c. 37, s. 33.
Section 33Verify source
§ 34Section 34Provision

Source excerpt

By-laws made under section 31 must be approved by the Board.

34. Every by-law made under section 31 must be approved by the Board and shall come into force on the date of its publication in the Gazette officielle du Québec or on any later date indicated therein. 1972, c. 37, s. 34.
Section 34Verify source
§ 35Section 35Provision

Source excerpt

A certified association may increase section 31 contributions by by-law, but the by-law needs Board approval and takes effect on publication in the Gazette officielle du Québec, or later if the by-law says so.

35. The certified association may, by by-law, increase the contributions contemplated in section 31. Such by-law must be approved by the Board and shall come into force on the date of its publication in the Gazette officielle du Québec or on such later date as is indicated therein. 1972, c. 37, s. 35; 1990, c. 74, s. 5; 2023, c. 26, s. 3.
Section 35Verify source
§ 35.1Section 35.1Provision

Source excerpt

A certified association may set or adjust interest rates by by-law when a producer delays paying an assessment.

35.1. A certified association may, by by-law, fix and adjust the rate of the interest exigible by reason of a producer’s delay in paying his assessment. Every by-law made under the first paragraph must be approved by the Board and published in the Gazette officielle du Québec. 1990, c. 74, s. 6.
Section 35.1Verify source
§ 36Section 36Provision

Source excerpt

While a by-law under section 31 is in force, the listed federations, syndicates, and producers are not bound to pay certain assessments, entrance fees, or contributions under the Professional Syndicates Act or related by-laws.

36. While a by-law under section 31 is in force, no federation or specialized federation affiliated with a certified association, no syndicate or specialized syndicate which is a member of such a federation, and no producer who is a member of such a syndicate or specialized syndicate is bound to pay an assessment, entrance fee or contribution exigible under the Professional Syndicates Act (chapter S-40) or any by-law passed under the said Act. 1972, c. 37, s. 36.
Section 36Verify source
§ 37Section 37Provision

Source excerpt

A producers’ board must collect and remit certain assessments to the certified association, and must send a report listing assessed producers and amounts.

37. Every producers’ board must, when it collects from a producer or from any person acting on behalf of a producer the moneys exigible under Chapter IX of Title III of the Act respecting the marketing of agricultural, food and fish products (chapter M-35.1), collect and remit to the certified association the assessment determined under section 31. It must also remit to the certified association a report mentioning the names of the producers assessed and the amount of each assessment. Failing compliance with the preceding paragraph, every board is liable to the certified association for the assessments it should have collected. 1972, c. 37, s. 37; 1990, c. 74, s. 7.
Section 37Verify source
§ 38Section 38Provision

Source excerpt

Certain persons must withhold and remit assessments to the Board, and file a report listing assessed producers and assessment amounts.

38. Every person required to withhold moneys from a producer under the Act respecting the marketing of agricultural, food and fish products (chapter M-35.1), a regulation of the Board made under section 129 of the said Act, an agreement duly homologated or an arbitration award must, at the same time as he withholds such moneys from a producer, withhold and remit to the Board the assessments determined under section 31. Such person must also remit to the Board a report mentioning the names of the producers assessed and the amount of each assessment. Failing compliance with the preceding paragraph, every person is personally liable to the Board and the certified association for the amount of the assessments he should have withheld. 1972, c. 37, s. 38; 1974, c. 36, s. 125; 1990, c. 74, s. 8.
Section 38Verify source
§ 39Section 39Provision

Source excerpt

At the certified association’s request, the Board may order certain non-consumer buyers or receivers of farm products to withhold the assessment from amounts owed to producers and remit it, with a report.

39. At the request of the certified association, the Board may, by an order which comes into force on the date of its publication in the Gazette officielle du Québec or on any later date indicated therein, compel any person, other than a consumer, who buys or receives a farm product from a producer, to withhold from the price or value of such product to be paid to the producer, the amount of the assessment fixed in accordance with section 31 and remit it to the certified association at the time and in the manner prescribed in such order, along with a report mentioning the name and address of the producer from whom such assessment was withheld and the other information contemplated in such order. Any person neglecting to comply with the preceding paragraph shall become personally liable to the certified association for amounts he should have withheld or remitted to it. The Board, in making an order under the first paragraph, may fix and adjust the rate of interest exigible where the person contemplated is late in remitting a contribution to the certified association. 1972, c. 37, s. 39; 1982, c. 60, s. 3; 1990, c. 13, s. 210.
Section 39Verify source
§ 40Section 40Provision

Source excerpt

40. The Board may, upon such conditions and for such time as it determines by order, exempt, in whole or in part, any person or board from the application of sections 37, 38, 39 and 41 whenever a producer is subject to more than one joint

40. The Board may, upon such conditions and for such time as it determines by order, exempt, in whole or in part, any person or board from the application of sections 37, 38, 39 and 41 whenever a producer is subject to more than one joint plan or to a joint plan and is at the same time engaged in the production of an unmarketed farm product. 1972, c. 37, s. 40.
Section 40Verify source
§ 41Section 41Provision

Source excerpt

People covered by sections 38 and 39 must keep a register with specified transaction, product, producer, payment, and other Board-directed information.

41. Every person contemplated by sections 38 and 39 shall keep a register mentioning the date of purchase and receipt and the quantity of the marketed products or, as the case may be, non-marketed farm products, the name and address of the producer who delivered such product to him, the amounts remitted to such producer and any other relevant information determined by order of the Board. 1972, c. 37, s. 41; 1986, c. 95, s. 234.
Section 41Verify source
§ 42Section 42Provision

Source excerpt

The certified association must keep Board-approved registers naming all producers for whom it received assessments in any year, and may have to refund a producer within three months after its fiscal year-end any excess amount received on the producer’s behalf from the prior year.

42. The certified association shall keep, in the manner approved by the Board, registers mentioning the name of all the producers with respect to whom it received assessments during any year. Within three months from the end of its fiscal year, the certified association must, if need be, remit to the producer any amount it received on his behalf during the preceding year and which exceeds the amount of the assessment fixed under section 31. 1972, c. 37, s. 42.
Section 42Verify source
§ 43Section 43Provision

Source excerpt

Inspectors of the Board may, while carrying out their duties, enter relevant farm-product premises at reasonable times and may inspect products, require relevant books and documents, and request other useful or necessary information.

43. In the discharge of their duties, the inspectors of the Board may enter, at any reasonable time, establishments and premises used for the production and marketing of any farm product, and their dependencies, examine the products found therein, require the production of the books, registers and documents relating to such production and marketing, and require, in relation thereto and to any matter which is the subject of this Act, any other information considered useful or necessary. 1972, c. 37, s. 43; 1986, c. 95, s. 235; 1987, c. 68, s. 95.
Section 43Verify source
§ 44Section 44Repeal

Source excerpt

Section 44 is repealed.

44. (Repealed). 1972, c. 37, s. 44; 1986, c. 95, s. 236.
Section 44Verify source
§ 45Section 45Provision

Source excerpt

Do not obstruct or mislead a Board inspector, refuse to give name and address, or ignore an order from the inspector; if required, the inspector must identify himself and show a certificate.

45. It is forbidden to hinder an inspector of the Board in any way in the performance of his duties, to mislead or try to mislead him by concealment or by misrepresentation, to refuse to tell him one’s name and address or neglect to obey any order he may give under the law, the regulations or the orders of the Board. Such inspector, if so required, shall identify himself and produce a certificate, signed by the president of the Board, attesting his authority. 1972, c. 37, s. 45; 1986, c. 95, s. 237.
Section 45Verify source
§ 46Section 46Provision

Source excerpt

The Board may help resolve certain disputes under the Act by settling, conciliating, or arbitrating them, and may also direct a conciliation officer to meet the parties.

46. In addition to the other powers conferred upon it by this Act, the Board may endeavour to settle, conciliate or arbitrate any dispute arising on account or in the course of the application of this Act between the certified association and the producers, syndicates, specialized syndicates, federations, specialized federations, bureaus or the persons engaged in the marketing of a farm product or between any of such persons or bodies, if the dispute relates to any of the following matters: (a) the right of a producer to belong or not to belong to a syndicate or specialized syndicate of his choice in accordance with section 2; (b) the right of a syndicate or specialized syndicate to belong or not to belong to a federation or specialized federation in accordance with section 4; (c) the right of a specialized syndicate to belong to a certified association in accordance with section 56; (d) the status of producer of a person within the meaning of paragraph j of section 1; (e) the obligation of a person or body to withhold assessments in accordance with sections 37, 38 and 39; (f) the remittances to which a producer may be entitled under section 42. Every arbitration award rendered by the Board under the first paragraph of this section is final and shall be binding upon the interested parties. The Board may instruct a conciliation officer to meet the parties with a view to effecting an agreement respecting any dispute arising on account or in the course of the application of this Act, whether such dispute relates or not to the matters contemplated in the first paragraph. 1972, c. 37, s. 46; 1997, c. 43, s. 434.
Section 46Verify source
§ 47Section 47Provision

Source excerpt

47. The Board and its members and employees cannot be sued by reason of official acts done in good faith in the exercise of their functions under this Act. 1972, c. 37, s. 47.

47. The Board and its members and employees cannot be sued by reason of official acts done in good faith in the exercise of their functions under this Act. 1972, c. 37, s. 47.
Section 47Verify source
§ 48Section 48Provision

Source excerpt

Except on a question of jurisdiction, no one may apply for judicial review or obtain an injunction against the Board or its members acting officially.

48. Except on a question of jurisdiction, no application for judicial review under the Civil Procedure (chapter C-25.01) may be exercised and no injunction may be granted against the Board or against any of its members acting in their official capacity. A judge of the Court of Appeal may, on an application, annul by a summary proceeding any proceeding brought or decision rendered contrary to the first paragraph or to section 47. 1972, c. 37, s. 48; 1979, c. 37, s. 43; 1986, c. 95, s. 238; 1997, c. 43, s. 435; I.N. 2016-01-01 (NCCP).
Section 48Verify source
§ 49Section 49Provision

Source excerpt

If a person is both a producer and marketing a farm product, the Board may decide whether the person is a producer for this Act.

49. When a person is at the same time a producer and engaged in the marketing of a farm product, the Board may, after giving him and the certified association an opportunity to present observations, determine whether such person is a producer for the purposes of this Act. 1972, c. 37, s. 49; 1997, c. 43, s. 436; 1999, c. 40, s. 220.
Section 49Verify source
§ 50Section 50Provision

Source excerpt

For section 49, the Board must consider the listed circumstances and factors.

50. For the purposes of section 49, the Board must take into account the circumstances and more particularly the importance, in the case of this person, of production in relation to the marketing operation in which he is engaged, of the fact that the production of such person is or is not an integral part of a commercial enterprise which he operates, of the volume of farm products marketed, of the general interest of the producers, equity, direct or indirect benefits that such person derives from the certified association and of the benefits and inconveniences which may arise from the fact that such person is or is not a producer for purposes of this Act. 1972, c. 37, s. 50; 1999, c. 40, s. 220.
Section 50Verify source
§ 51Section 51Provision

Source excerpt

People and organizations involved in farm product marketing must provide the Board with requested information within the time the Board sets.

51. Every producer, bureau, syndicate, specialized syndicate, federation or specialized federation, every association and every person engaged in the marketing of a farm product must send to the Board, within a time determined by such Board, any information that it requests respecting the application of this Act. 1972, c. 37, s. 51; 1999, c. 40, s. 220.
Section 51Verify source
§ 51.1Section 51.1Provision

Source excerpt

A Board decision revoking a certification or deciding producer status may be contested before the Administrative Tribunal of Québec within 30 days after notification.

51.1. Any decision of the Board revoking a certification under section 20 or determining under section 49 whether a person has the status of producer may, within 30 days of notification of the decision, be contested before the Administrative Tribunal of Québec. 1997, c. 43, s. 437.
Section 51.1Verify source
§ 52Section 52Offence

Source excerpt

A person must not use intimidation or threats to make someone join, leave, or avoid joining a syndicate or specialized syndicate.

52. Any person who uses intimidation or threats to induce a person to become a member of a syndicate or specialized syndicate, to refrain from becoming or cease to be a member, is guilty of an offence and liable to a fine of not more than $1,400. 1972, c. 37, s. 52; 1986, c. 58, s. 74; 1990, c. 4, s. 665; 1991, c. 33, s. 93.
Section 52Verify source
§ 53Section 53Provision

Source excerpt

A person who contravenes the Act, a certified association by-law, a regulation, or a Board order is liable to a fine.

53. Any person contravening any provision of this Act, the by-laws of a certified association, the regulations or order of the Board is liable to a fine of $700 and, in the case of a second or subsequent conviction, to a fine of $1,400. 1972, c. 37, s. 53; 1986, c. 58, s. 75; 1990, c. 4, s. 666; 1991, c. 33, s. 94.
Section 53Verify source
§ 54Section 54Offence

Source excerpt

A director, officer, manager, or any person who approves, acquiesces in, assists in, or advises the commission of an offence is guilty of that offence.

54. When an offence is committed by a legal person or an association, every director, officer or manager who in any manner approves the act constituting the offence or acquiesces therein, is guilty of such offence. Every person who assists in the commission of an offence or advises to commit it is guilty of the offence in the same manner as the person who commits it. 1972, c. 37, s. 54; 1999, c. 40, s. 220.
Section 54Verify source
§ 55Section 55Repeal

Source excerpt

Section 55 is repealed.

55. (Repealed). 1972, c. 37, s. 55; 1990, c. 4, s. 667.
Section 55Verify source
§ 56Section 56Provision

Source excerpt

Certain specialized syndicates may belong directly to the certified association if they cannot be members of a specialized federation and meet conditions set by the Board.

56. The specialized syndicates which, either because of the special objects they pursue or for any other reason considered significant by the Board, cannot be members of a specialized federation, may directly belong to the certified association upon the conditions determined by the Board. In the case contemplated in the preceding paragraph, the sections of this Act contemplating a specialized federation shall apply, with the necessary modifications, to such specialized syndicates. 1972, c. 37, s. 56.
Section 56Verify source
§ 57Section 57Provision

Source excerpt

The Minister of Agriculture, Fisheries and Food is responsible for applying this Act.

57. The Minister of Agriculture, Fisheries and Food shall have charge of the application of this Act. 1972, c. 37, s. 57; 1973, c. 22, s. 22; 1979, c. 77, s. 21.
Section 57Verify source
§ 58Section 58Provision

Source excerpt

Section 58 is noted as having ceased to have effect on 17 April 1987.

58. (This section ceased to have effect on 17 April 1987). 1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.
Section 58Verify source
§ —ScheduleRepeal

Source excerpt

This provision repeals chapter 37 of the statutes of 1972, except section 58.

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 37 of the statutes of 1972, in force on 31 December 1977, is repealed, except section 58, effective from the coming into force of chapter P-28 of the Revised Statutes.
ScheduleVerify source

Legislative relationships

3 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

1 instrument

  • Board made under section 129 of the said Act

    Section 38

N–S

1 instrument

  • Professional Syndicates Act

    Section 1

T–Z

1 instrument

  • Title III of the Act

    Sections 30, 31, 37

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  • 10 Jun 2026 · currentEnglish

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