Farm Income Protection Act

An Act authorizing agreements between the Government of Canada and the provinces to provide for protection for the income of producers of agricultural products and to enable the Government of Canada to take additional measures for that purpose Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short title This Act may be cited as the Farm Income Protection Act. Definitions In this Act, agreement, unless the context indicates otherwise, means an agreement entered into under subsection 4(1); (accord) agricultural product means an animal, a plant or an animal or plant product, or a product, including any food or drink, that is wholly or partly derived from an animal or a plant; (produit agricole) crop insurance program means a program for the insurance of specified agricultural products against loss from natural causes that is established by the laws of a province and administered by the province; (assurance-récolte) financial institution has the same meaning as in section 2 of the Bank Act; (institution financière) gross revenue insurance program means a program that combines the protection offered by a crop insurance program and the protection offered by a revenue insurance program; (régime universel) Minister means the Minister of Agriculture and Agri-Food; (ministre) net income stabilization account program means a program under which a participating producer elects to contribute to an account established pursuant to an agreement and to which Canada and the provinces that are parties to the agreement contribute, and that enables payments to be made to that producer from that account on terms and conditions set out in the agreement; (programme compte de stabilisation du revenu net ou programme) prescribed means prescribed by regulation made by the Governor in Council; (Version anglaise seulement) revenue insurance program means a program that is designed to insure a portion of the value of an eligible agricultural product produced or marketed by a producer participating in the program; (assurance-revenu) reinsurance agreement means that part of an agreement respecting the reinsurance of a portion of a liability for the payment of indemnities under a crop insurance program or a gross revenue insurance program. (accord de réassurance) Binding on Her Majesty This Act is binding on Her Majesty in right of Canada or a province. Governor in Council authorization The Governor in Council may, by order, authorize the Minister to enter into an agreement with one or more provinces to provide for the establishment of any of the following programs: a net income stabilization account program; a gross revenue insurance program; a revenue insurance program; and a crop insurance program. Statement of principles In negotiating an agreement authorized under subsection (1), the Minister shall take into consideration the following principles in respect of any program to be established under the agreement: the program should not unduly influence the decisions of producers of agricultural products with respect to production or marketing, and should encourage adjustments with respect to production or marketing so as to improve the effectiveness of the responses of producers to market opportunities; the level of protection to be provided by, and the relative share of governmental contributions to be provided to, the program in relation to particular agricultural products or classes of agricultural products should be equitable and reasonably consistent with all other agreements, taking into account regional diversity; the program should encourage the long-term social and economic sustainability of farm families and communities; the program should be compatible with Canada’s international obligations; and the program should encourage long-term environmental and economic sustainability. Elements to be contained in all agreements An agreement shall provide for the required elements of each program to be established under the agreement, including, without limiting the generality of the foregoing, any elements that may be prescribed and the following required elements: the criteria for determining the eligibility of producers for participation in the program; the agricultural products or the grade, quality, variety, class, type or form of agricultural products or any special method of production thereof to which the program applies and the criteria for determining their eligibility to be covered by the program, including any ceilings to be applied on or minimum levels to be assigned to the quantity or value thereof; the manner of determining the income of producers and the manner of determining the value of the eligible agricultural products produced by them; the conditions under which and the procedure by which producers may enrol in or opt out of the program; the circumstances in which and the conditions under which a payment will be made to a producer or group of producers, the method of determining the amount of a payment, and the manner in which the payment will be made; the categories of expenses incurred in the administration of the program that are to be shared, and the manner in which those expenses are to be shared and paid; the method of settling any account that remains outstanding under the agreement at the time of its termination or expiration; a covenant by the province that it will keep and maintain such classes of records, and will furnish the Minister with such classes of information, as are specified; the terms and conditions of financial audits and compliance audits in respect of the program; and the duration of, and the manner of amending, the agreement. Environmental requirements to be provided for in agreements An agreement respecting any program shall, subject to any applicable laws of Canada or a province, provide for the circumstances and conditions under which insurance may be withheld, restricted or enhanced for the purpose of protecting the environment and of encouraging sound management practices to ensure environmental sustainability; and require an environmental assessment of the program to be conducted within two years after the coming into force of the agreement and every five years thereafter, and provide for the manner in which the assessment is to be conducted. Establishment of committees An agreement that provides for the establishment of a gross revenue insurance program, a revenue insurance program or a net income stabilization account program shall provide for the establishment of one or more national committees representing the parties to the agreement and the producers, and such technical experts as may be considered appropriate; the powers and duties of the committees, including a continuing review of the operation of this Act and the agreements and report to the Minister periodically and at least once a year on its recommendations on the administration of the agreements, this Act and any amendments it considers advisable; the manner in which members of the committees are to be appointed; and the payment of the remuneration and expenses of members of the committees. All programs to be self-sustaining An agreement respecting any program, other than a net income stabilization account program, shall provide for the method of determining and adjusting the level of premiums, the respective share of the premiums to be paid by Canada, the province and the producers and the times at which and the manner in which premiums are to be paid; and require that the premiums levied under the program be sufficient to allow the program to be self-sustaining. Tabling of agreement With the concurrence of provinces party to the agreement, the Minister shall cause to be laid before Parliament every agreement made pursuant to section 4 within thirty days of it being made, or, if Parliament is not then sitting, not later than the thirtieth day thereafter that either House of Parliament is sitting. Reference to committee An agreement laid before Parliament pursuant to subsection (1) shall be automatically referred to the Standing Committee of the House of Commons on Agriculture. Additional provisions respecting insurance programs An agreement that provides for the establishment of a crop insurance program or gross revenue insurance program shall, in addition to the required elements referred to in subsection 5(1), provide for the nature of the losses that may be insured against, including losses arising when seeding or planting is prevented by an agricultural hazard, and the manner of determining those losses; the areas to which the insurance program extends in relation to an agricultural product; the manner of determining the probable yield and actual yield of an agricultural product in any risk area or in respect of any farm enterprise and the insured acreage thereof; the period during which the insurance in respect of an agricultural product is effective; particulars of insurance policies to be issued under the program; in the case of a crop insurance program, the manner of determining the percentage, not to exceed ninety per cent, of the probable yield of an agricultural product in any risk area or in respect of any farm enterprise that may be insured; and in the case of a reinsurance agreement, the portion of the premium receipts to be paid to the Crop Reinsurance Fund referred to in section 13. Offsets between two insurance programs Where one or more agreements with the same province or group of provinces provide for the establishment of a separate crop insurance program and a separate revenue insurance program, the agreement or at least one of the agreements, as the case may be, shall provide for the manner in which offsets between the two programs will be implemented. Administration by province An agreement that provides for the establishment of a gross revenue insurance program, a crop insurance program or a revenue insurance program shall where there is no reinsurance agreement, require that advances to the appropriate accounts be made when the balances in those accounts are not sufficient to make payments to producers in accordance with the terms and conditions of the program, and provide for the manner in which those advances are to be shared between Canada and the province and the manner in which they are to be reimbursed; and if any such program is to be administered by the province, contain a convenant by the province that it will establish an account for each such program for the payment of indemnities, and that all premium receipts will be used only for the payment of indemnities under the program, the repayment to the province or Canada of any amounts paid or advanced by the province or Canada, out of funds not derived from the premium receipts, in payment of indemnities under insurance policies, and the reinsurance of the liabilities of the province pursuant to a reinsurance agreement, and the reinsurance by the province in any other manner of any portion of its liabilities under the insurance program that is not covered by a reinsurance agreement. Additional elements respecting net income stabilization account programs An agreement that provides for the establishment of a net income stabilization account program shall, in addition to the required elements referred to in subsection 5(1), provide for the eligible net sales, eligible production costs, gross margin and maximum eligible net sales, or the methods of determining the sales, costs and margin, that enable a producer to participate in the program; subject to subsection (2), the manner in which an account for each producer is to be established and the procedure for making deposits to and withdrawals from the account; the maximum balance of any such account; the maximum annual contribution of a producer; and the manner of determining the contribution to be made by Canada and the provinces, including any interest and bonus in respect of each producer’s account. Division of account into two funds The account for each producer participating in a net income stabilization program shall be composed of Fund No. 1, to which shall be credited all amounts paid by the producer in respect of the program; and Fund No. 2, to which shall be credited all amounts paid in respect of that producer by Canada or a province. Amendments to agreement Subject to this Act and the regulations, an agreement may be amended at any time with the consent of the Governor in Council. Termination of agreement An agreement may be terminated by the Minister, with the approval of the Governor in Council, where the Minister gives at least two years notice of the intention to terminate the agreement to each province that is a party to the agreement; or by mutual consent of the Minister, with the approval of the Governor in Council, and each such province. Outstanding accounts The expiration or termination of an agreement does not extinguish any account that is outstanding under the agreement between the parties thereto at the time of the expiration or termination and, in any agreement between those parties for a period immediately following the expiration or termination, provision shall be made for the continuation of that account. Social Insurance Number Where so required by an agreement, every producer who enrols, directly or indirectly, as part of a body corporate or other entity, in a program under the agreement shall where a Social Insurance Number has not been assigned to the producer, submit an application, in such form as may be prescribed, for the assignment to the producer of a Social Insurance Number; and submit notification of the Social Insurance Number assigned to that producer, at the time of enrolling in the program or as soon as possible after the Number is assigned, as the case may be. Assignment of number The Minister shall, on application by a producer to whom a Social Insurance Number has not been assigned, cause a Social Insurance Number to be assigned to the producer. Change of name When, at any time, the name of a producer participating directly or indirectly as part of a corporation or other entity in a program under an agreement and to whom a Social Insurance Number has been assigned changes, by reason of marriage or otherwise, that producer shall inform the Minister of their new name within 60 days after the day on which the change of name becomes effective, unless the producer has already so informed another authority empowered to receive that information. Disclosure of information Information submitted for the purposes of administering a program established under an agreement may be communicated, disclosed or made available to an official of the Canada Revenue Agency solely for the purposes of administering or enforcing the Income Tax Act. Special Measures Committee Where the Minister is of the opinion that exceptional circumstances exist that require that action be taken outside the scope of a program established under an agreement, the Minister may implement such procedures or other special measures as the Minister considers necessary to determine the appropriate action to be taken to remedy those circumstances, including the appointment of a committee, to be known as a Special Measures Committee, which shall consist of members representing Canada, the provinces concerned, producers and any other group of persons that the Minister considers appropriate. Terms of appointment The members of a Special Measures Committee may be appointed for such terms and may be paid such remuneration and expenses as are fixed by the Minister. Reference by Minister The Minister may make a reference to a Special Measures Committee where the Minister considers that special circumstances exist that require the examination or analysis of a situation affecting producers of an agricultural product in any region of Canada. Mandate A Special Measures Committee shall, on a reference made pursuant to subsection (3), examine or analyse the situation and shall submit a report, at the time, in the manner and to the persons specified by the Minister in the terms of reference of the examination or analysis, containing any recommendation with respect to any program established under an agreement or any other recommendation, including farm adjustment measures or measures to encourage improved farm management, that the Committee considers appropriate in the circumstances; and may exercise such powers and shall perform such other duties and functions as are specified by the Minister. Order in Council The Governor in Council may, by order, authorize the Minister to enter into an agreement with one or more provinces, or to take any other appropriate action, that the Governor in Council deems to be necessary for the purpose of assisting producers of agricultural products following the implementation of any procedures or other special measures pursuant to subsection (1). Preference to existing programs In acting pursuant to an authorization referred to in subsection (5), the Minister shall, whenever possible, take action within the scope of a program established under an agreement. Tabling of order The Minister shall, as soon as possible after an order is made pursuant to subsection (5), cause a copy of the order to be laid before each House of Parliament. Crop Reinsurance Fund There is hereby continued in the accounts of Canada the special account known as the Crop Reinsurance Fund, to which shall be credited the moneys paid by a province for the purpose of reinsurance under a reinsurance agreement; and to which shall be charged all amounts required for the purpose of making payments to a province under the terms of a reinsurance agreement. Payments charged to Fund The Minister of Finance may, subject to this Act, on the request of the Minister, authorize payment out of the Crop Reinsurance Fund of any amount required to be paid to any province under the terms of a reinsurance agreement. Advances to Fund out of Consolidated Revenue Fund Where the amount standing to the credit of the Crop Reinsurance Fund is insufficient for the payment of amounts required under the terms of a reinsurance agreement, the Minister of Finance may authorize an advance to the Crop Reinsurance Fund from the Consolidated Revenue Fund of an amount sufficient to meet the deficit. Advances repayable An advance made under subsection (3) shall be credited to the Crop Reinsurance Fund and repaid in such manner and on such terms and conditions, including the payment of interest, as the Minister of Finance may fix, after considering any advice furnished by the Minister. Advance included in deficit An amount advanced to the Crop Reinsurance Fund under subsection (3) and any interest thereon shall be included in any estimated deficit of that Fund. Repayment The repayment of an amount advanced under subsection (3) shall be charged to the Crop Reinsurance Fund. Limitation of payments out of Crop Reinsurance Fund to province Subject to subsection (2), the total amount that may be paid under section 13 to a province in any year pursuant to the terms of a reinsurance agreement shall not exceed seventy-five per cent of the amount by which the indemnities required to be paid by the province in the year under policies of insurance in force in that year exceed the aggregate of the premium receipts for the year minus any moneys paid by the province for the purpose of reinsurance for that year, the reserve for the payment of indemnities, and a portion of any sums paid by the province in respect of the indemnities required to be paid by the province in the year under the policies of insurance in force in that year, equal to two and one-half per cent of the total liability of the province under those policies. Modified limitation of reinsurance payments in certain circumstances Where a province has paid any sums described in paragraph (1)(c) and in any year the total of those sums not repaid to the province exceeds sixteen and two-thirds per cent of the total liability of the province under the policies of insurance in force in that year, that paragraph shall not be taken into account in the calculation pursuant to subsection (1) of the total amount that may be paid under section 13 to the province in that year. Establishment If an agreement that provides for the establishment and administration by the Government of Canada of a net income stabilization account program in respect of an agricultural product or class of agricultural products indicates that the accounts of producers participating in the program are to be in the accounts of Canada, there shall be established in the accounts of Canada a Net Income Stabilization Account. Credits to Net Income Stabilization Account There shall be paid into the Consolidated Revenue Fund and credited to a Net Income Stabilization Account separately in respect of each producer participating in a net income stabilization account program established under an agreement all amounts received by Her Majesty in right of Canada under the agreement in respect of that producer as or on account of payments of contributions, interest and bonuses; and all amounts returned or recovered pursuant to that agreement or section 155 of the Financial Administration Act as or on account of repayments of stabilization payments made pursuant to that agreement. Amounts in Consolidated Revenue Fund to be credited to Net Income Stabilization Account There shall be credited to a Net Income Stabilization Account and charged to the Consolidated Revenue Fund, at the times required by the agreement, an amount equal to Canada’s share of the contributions, interest and bonuses under the agreement to which that Account relates. Annual adjustment The Minister of Finance shall, as of the end of each fiscal year, credit or charge to a Net Income Stabilization Account such amount as will adjust the aggregate amount that has been credited to the Account for that fiscal year pursuant to subsection (3) to the aggregate amount that should have been credited to the Account for that fiscal year pursuant to that subsection. Postponement of transfer of amounts Notwithstanding subsections (3) and (4), the Minister of Finance may credit and charge the amounts to be credited and charged pursuant to those subsections, together with interest authorized under subsection (6) as if the amounts were credited and charged at the times referred to in those subsections, at such later time as the Minister of Finance may fix. Interest The Minister of Finance may authorize, in accordance with such terms and conditions and at such rates as the Minister of Finance may fix, after considering any advice furnished by the Minister, the payment of interest on the amount standing to the credit of a Net Income Stabilization Account, and that interest shall be credited to the Net Income Stabilization Account and charged to the Consolidated Revenue Fund. Charges to Net Income Stabilization Accounts Subject to paragraph 8(1)(b), there shall be paid out of the Consolidated Revenue Fund and charged to a Net Income Stabilization Account, separately in respect of each producer participating in the net income stabilization account program, all amounts paid under the agreement providing for that program in respect of that producer. Agreement with financial institutions If an agreement that provides for the establishment of a net income stabilization account program in respect of an agricultural product or class of agricultural products indicates that the accounts of producers participating in the program are to be in financial institutions, the Minister may enter into an agreement with one or more financial institutions to provide for their holding of Net Income Stabilization Accounts of producers participating in the program. Contents — terms and conditions An agreement with a financial institution must set the terms and conditions required for the holding of Net Income Stabilization Accounts including, but not limited to, the prescribed terms and conditions and the following terms and conditions: the financial institution may hold only one Net Income Stabilization Account in respect of any particular producer; and the financial institution may permit withdrawals to be made from a Net Income Stabilization Account only as provided for in the agreement. Contents — additional provisions In addition to the terms and conditions required by subsection (2), an agreement with a financial institution must provide for the nature of the investments that may be held in a Net Income Stabilization Account; the account transactions that the financial institution must perform in accordance with the agreement; the information that must be submitted to the Minister by the financial institution in the periods specified in the agreement; the Minister’s right of access to and right to audit any records held by the financial institution that contain information relating to the Net Income Stabilization Accounts held by it and the manner in which those rights are to be exercised; the penalties that may be imposed if the financial institution does not comply with the agreement; the terms and conditions respecting the amendment, termination or expiry of the agreement; and the manner of transferring Net Income Stabilization Accounts held by the financial institution on the termination or expiry of the agreement. Limit of one Account A particular producer may hold only one Net Income Stabilization Account at financial institutions at any time in respect of the program to which the Account relates. Payments to Her Majesty A financial institution that holds a Net Income Stabilization Account of a particular producer shall, on the direction of the Minister, pay from the Account to Her Majesty in right of Canada or in right of a province any amount that is owing by the producer in respect of amounts paid into the Account in excess of the producer’s entitlement under the program to which the Account relates or any other program established under this Act; any administrative fees or penalties under the program to which the Account relates or any other program in respect of which amounts were paid into the Account; or all or part of any other amount that is owing by the producer to Her Majesty. No assignments, etc. Except for the purposes of the Agricultural Marketing Programs Act, an amount in a Net Income Stabilization Account of a producer may not be assigned or given as security, and any transaction that purports to do so is void to that extent. Exemption from attachment, etc. An amount in a Net Income Stabilization Account of a producer is exempt from attachment, seizure and execution, except in the case of a producer who has the status of a bankrupt, or if the attachment, seizure or execution is for the purpose of satisfying the provisions of an agreement or court order relating to separation or divorce that provides for the division of the Account into separate Net Income Stabilization Accounts. Revenue Insurance Fund Where an agreement provides for the establishment and administration by Canada of a revenue insurance program in respect of an agricultural product or class of agricultural products, there shall be established in the accounts of Canada an account, to be known as the Revenue Insurance Fund, in respect of that agricultural product or class. Balance of Stabilization Accounts credited The Stabilization Account for a particular agricultural commodity established in the accounts of Canada by section 13.1 of the Agricultural Stabilization Act, as that section read immediately before the coming into force of this Act, is hereby continued, and any balance standing to the credit of the Stabilization Account for that commodity shall be transferred to the Revenue Insurance Fund for the equivalent agricultural product or class of agricultural products. Credits to Revenue Insurance Fund There shall be paid into the Consolidated Revenue Fund and credited to the Revenue Insurance Fund established in respect of a particular revenue insurance program all amounts received by Her Majesty in right of Canada under an agreement in respect of the revenue insurance program as or on account of payments of premiums and interest; and all amounts returned or recovered pursuant to that agreement or section 155 of the Financial Administration Act as or on account of repayments of payments made pursuant to that agreement. Amounts in Consolidated Revenue Fund to be credited to Revenue Insurance Fund There shall be credited to a Revenue Insurance Fund and charged to the Consolidated Revenue Fund, at the times required by the agreement, an amount equal to Canada’s share of the premiums under the agreement to which that Revenue Insurance Fund relates, reduced in proportion to any unpaid portion of the share of the premiums payable by the provinces or by producers. The Minister of Finance shall, as of the end of each fiscal year, credit or charge to a Revenue Insurance Fund such amount as will adjust the aggregate amount that has been credited to the Fund for that fiscal year pursuant to subsection (4) to the aggregate amount that should have been credited to the Fund for that fiscal year pursuant to that subsection. Notwithstanding subsections (4) and (5), the Minister of Finance may credit and charge the amounts to be credited and charged pursuant to those subsections, together with interest authorized under subsection (7) as if the amounts were credited and charged at the times referred to in those subsections, at such later time as the Minister of Finance may fix. The Minister of Finance may authorize, in accordance with such terms and conditions and at such rates as the Minister of Finance may fix, after considering any advice furnished by the Minister, the payment of interest on the amount standing to the credit of a Revenue Insurance Fund, and that interest shall be credited to the Revenue Insurance Fund and charged to the Consolidated Revenue Fund. Charges to Revenue Insurance Fund There shall be paid out of the Consolidated Revenue Fund and charged to a Revenue Insurance Fund established in respect of a revenue insurance program all amounts paid under the agreement providing for that program. Advances out of Consolidated Revenue Fund Where the amount standing to the credit of a Revenue Insurance Fund, or any account that is established by the laws of a province in respect of a revenue insurance program or gross revenue insurance program to be administered by the province is insufficient for the payment of amounts required to be charged to that Fund or account, the Minister of Finance may, when requested to do so by the Minister, authorize an advance to that Fund or account from the Consolidated Revenue Fund of an amount sufficient to meet the deficit or any portion of the deficit to be advanced by Canada under the terms of the agreement under which the Revenue Insurance Fund or account is established. Advances payable An amount advanced under subsection (1) shall be credited to the Revenue Insurance Fund or account referred to in that subsection and repaid in such manner and on such terms and conditions, including the payment of interest, as the Minister of Finance may fix, after considering any advice furnished by the Minister. An amount advanced to a Revenue Insurance Fund or account referred to in subsection (1) and any interest thereon shall be included in any deficit estimated for the purpose of that Fund or account. The repayment of an amount advanced under subsection (1) shall be charged to the Revenue Insurance Fund or other account. Regulations The Governor in Council may make regulations prescribing anything that under this Act is to be prescribed and any regulations that the Governor in Council deems necessary for carrying out the purposes and provisions of this Act, including, without limiting the generality of the foregoing, regulations respecting any of the provisions of an agreement referred to in section 5, 7 or 8 and requiring the inclusion in an agreement of additional provisions; and respecting the protection to be provided for the income of producers of those agricultural products or classes of products to which an agreement does not apply. Amendment of regulations No amendment of any regulation respecting an agreement shall be made until the Minister has consulted with each province that is a party to the agreement. Contributions or advances All payments on account of contributions or advances for the purposes of this Act or the regulations shall be paid out of the Consolidated Revenue Fund on the certificate of the Minister, but all such payments are subject to this Act and the regulations and to the observance of the covenants and undertakings contained in the agreement under which the payment is made. Review of Act A review of the operation of this Act shall be completed on any day before April 1, 1996, and on the expiration of every fifth year after that day by the Minister, who may for the purpose of that review consult with representatives of such organizations as the Minister considers appropriate, and the Minister shall cause a report of the results of the review to be laid as soon as possible before each House of Parliament. Annual report The Minister shall, as soon as possible after the termination of each fiscal year, cause to be laid before each House of Parliament a report respecting the operations for that year of the agreements made under this Act and the payments made to the provinces under each agreement. Appointment of Auditor General The Auditor General may be appointed for the purposes of auditing the financial statements respecting any program established under an agreement. Transitional Subject to subsection (3), any agreement entered into pursuant to section 13 of the Agricultural Stabilization Act that is in effect before the coming into force of this Act shall be deemed to have been entered into pursuant to this Act and shall, subject to this Act and any regulations made thereunder, have effect in accordance with its terms and conditions as if it had, by its terms, established a revenue insurance program and as if any reference in the agreement to the Agricultural Stabilization Board were a reference to the Minister. Idem Subject to subsection (3), any agreement entered into pursuant to the Crop Insurance Act that is in effect before the coming into force of this Act shall be deemed to have been entered into pursuant to this Act and shall, subject to this Act and any regulations made thereunder, have effect in accordance with its terms and conditions. This Act and any regulations made thereunder apply in respect of agreements entered into under the Agricultural Stabilization Act or the Crop Insurance Act for periods beginning on or after April 1, 1991. The Agricultural Stabilization Act as it read immediately before the coming into force of this Act, and any regulations made thereunder, continue to apply in respect of any named commodity within the meaning of paragraph (c) or (d) of the definition “named commodity” in subsection 2(1) of that Act, if that named commodity was marketed during the crop year in respect of that named commodity beginning in the 1990 calendar year; in respect of wool, if the wool was marketed during the 1990 calendar year; and in respect of industrial milk and industrial cream in relation to which a percentage of the base price was prescribed under paragraph 10(1)(a) of that Act, during the fiscal year ending on March 31, 1992. The Western Grain Stabilization Act as it read immediately before the coming into force of this Act, and any regulations made thereunder, continue to apply in respect of grain marketed during the crop year beginning on August 1, 1990 and ending on July 31, 1991. For greater certainty, no stabilization payment is payable under the Western Grain Stabilization Act as it read immediately before the coming into force of this Act, or under any contract relating to or arising from that Act, in respect of any crop year beginning on or after August 1, 1991. Western Grain Stabilization Account The Western Grain Stabilization Account established in the accounts of Canada by the Western Grain Stabilization Act, as that Act read immediately before the coming into force of this Act, is hereby continued until such day as may be fixed pursuant to subsection (3). The Minister of Finance may continue to calculate, in accordance with such terms and conditions and at such rates as the Minister of Finance may fix, after considering any advice furnished by the Minister, interest on the amount standing to the credit of the Western Grain Stabilization Account, and that interest shall be included in the estimated deficit of that Account. Closing of Account The Governor in Council may, by order, fix the day on which the Western Grain Stabilization Account continued pursuant to subsection (1) shall be closed. [Amendment] [Repeals] Coming into force Subject to subsection (2), this Act shall come into force or be deemed to have come into force on April 1, 1991. Subject to this Act, the determination of any amount payable under a program established under an agreement after April 1, 1991 in respect of a producer may be based, in whole or in part, on income and other information declared by the producer for the purposes of the Income Tax Act in respect of the taxation year of that producer, within the meaning of that Act, ending on or before December 31, 1990.