Acts and Regulations

2011, c.106 - Agricultural Development Act

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Document at 1 September 2011
2011, c.106
Agricultural Development Act
Deposited May 13, 2011
Definitions
1The following definitions apply in this Act.
“agriculture lease” means a lease granted under section 29.(bail agricole)
“agricultural linkage operation” means an operation which in the opinion of the Board involves the marketing, storing, grading or other preprocessing operation of farm produce, or any farm input operation intended to maximize the return to the commercial farmer but does not include any processing operation or facility that is eligible for financial assistance under any Act or program of Canada or the Province.(opération de couplage agricole)
“agriculture occupation permit” means an agriculture occupation permit issued under section 23.(permis d’occupation agricole)
“Board” means the body corporate constituted under the name Farm Adjustment Board and continued under the name Agricultural Development Board.(Commission)
“farming operation” means(exploitation agricole)
(a) a farming business within the meaning of the Income Tax Act (Canada), or
(b) a start-up farming operation that is following a management plan approved by the Minister.
“lease area” means the land covered by an agriculture lease.(périmètre)
“Minister” means the Minister of Agriculture, Aquaculture and Fisheries.(ministre)
R.S.1973, c.F-3, s.1; 1980, c.21, s.1; 1985, c.28, s.2; 1988, c.54, s.1; 1996, c.25, s.3; 2000, c.26, s.12; 2009, c.24, s.1; 2009, c.36, s.1; 2010, c.31, s.8
Continuation of Board
2(1)The body corporate called the Farm Adjustment Board previously constituted is continued as a body corporate under the name Agricultural Development Board.
2(2)The change of the name of the Board does not affect the rights and obligations of the Board, and all proceedings may be continued or commenced by and against the Board under its new name that might have been continued or commenced by or against the Board under its former name.
2(3)A member of the Board who held office immediately before the commencement of this subsection continues in office until the member resigns or is reappointed or replaced.
R.S.1973, c.F-3, ss.2(1); 1985, c.28, s.3; 2009, c.36, s.1
Appointment of members
3(1)The Lieutenant-Governor in Council may appoint a minimum of five members and a maximum of nine members to the Board, all or some of whom may be employees of the Civil Service as defined in the Civil Service Act.
3(2)The Lieutenant-Governor in Council shall designate a Chair and Vice-Chair from among the members of the Board.
R.S.1973, c.F-3, ss.2(2); 1980, c.21, s.2; 1985, c.28, s.3; 2009, c.36, s.1
Term of office
4(1)The members of the Board shall be appointed for a term not exceeding three years and are eligible for reappointment.
4(2)Any appointment to the Board may be revoked by the Lieutenant-Governor in Council for cause.
4(3)Despite subsection (1) and subject to subsection (2), a member of the Board shall remain in office until the member resigns or is reappointed or replaced.
2009, c.36, s.1
Vacancy or temporary absence
5(1)When a vacancy occurs on the Board, the Lieutenant-Governor in Council may appoint a person to fill the vacancy for the balance of the term of the member replaced.
5(2)The Lieutenant-Governor in Council may, in the case of the temporary absence, illness or incapacity to act of any member of the Board, appoint a substitute for the member for the period of the temporary absence, illness or incapacity.
5(3)A vacancy on the Board does not impair the capacity of the Board to act.
2009, c.36, s.1
Quorum
6A majority of the members of the Board, one of whom shall be the Chair or the Vice-Chair, constitutes a quorum.
2009, c.36, s.1
Remuneration and expenses
7(1)Each member of the Board who is not an employee of the Civil Service as defined in the Civil Service Act is entitled to be paid remuneration in accordance with the regulations.
7(2)Each member of the Board is entitled to be reimbursed in accordance with the regulations for the travelling and living expenses incurred by the member in the performance of his or her duties.
2009, c.36, s.1
Board responsible to Minister
8The Board is responsible to the Minister.
R.S.1973, c.F-3, s.3; 1986, c.8, s.3; 1988, c.54, s.2
Management of Board
9The Board may
(a) make by-laws
(i) defining its policies and procedures, and
(ii) governing the conduct of its affairs and business, and
(b) delegate by resolution such of its functions and powers as it sees fit to persons employed under the Board.
R.S.1973, c.F-3, s.4
Powers of Board
10The Board
(a) may acquire, hold, deal with, lease, sell or otherwise dispose of land;
(b) may, with the approval of the Minister or the Lieutenant-Governor in Council as prescribed by regulation, make loans to farmers for
(i) the purchase of farms,
(ii) the purchase of land to be added to existing farms,
(iii) the erection of farm buildings and facilities,
(iv) the purchase of essential farming equipment and livestock, and
(v) the conversion of short-term liabilities to medium- or long-term obligations as warranted by income probabilities and the security to be taken;
(c) may, with the approval of the Minister or the Lieutenant-Governor in Council as prescribed by regulation, make loans and grants for
(i) the conversion of the ineffective use of land to a more effective use, and
(ii) the purpose of establishing and improving woodlots;
(d) may, with the approval of the Minister or the Lieutenant-Governor in Council as prescribed by regulation, make loans and grants to persons affected by land use and agricultural development projects;
(e) may, with the approval of the Minister or the Lieutenant-Governor in Council as prescribed by regulation, make loans and grants to persons engaged in agricultural linkage operations, for purposes of financing those operations;
(f) may, with the approval of the Minister or the Lieutenant-Governor in Council as prescribed by regulation, guarantee all or any part of a loan made to a farmer or to a person engaged in an agricultural linkage operation;
(g) may undertake research and investigations prerequisite to the formulation of programs and projects; and
(h) may undertake or assist in any projects involving land use or land management and aimed at substantially increasing income and employment opportunities in rural areas.
R.S.1973, c.F-3, s.5; 1980, c.21, s.3; 1985, c.28, s.4; 1988, c.54, s.3
Recommendations of Board re applications for financial assistance
11(1)The Board shall consider all applications for financial assistance for more than $25,000 made to it under this Act and the regulations and shall transmit to the Minister, within a reasonable time after considering each application, a recommendation setting out its approval or disapproval of each application.
11(2)The Minister shall, in respect of applications for assistance that have been recommended for approval by the Board and that require the approval of the Lieutenant-Governor in Council, transmit the recommendation received under subsection (1) to the Lieutenant-Governor in Council.
11(3)The Minister and the Lieutenant-Governor in Council are not bound by a recommendation of the Board made under this section.
1988, c.54, s.4; 2007, c.16, s.1
Applications for $25,000 or less
12(1)The Board shall refer to the Minister all applications for financial assistance for $25,000 or less made to it under this Act and the regulations.
12(2)The Board is not required to make a recommendation with respect to an application referred to the Minister under subsection (1).
2007, c.16, s.2
Provision of financial assistance
13The Minister, with the approval of the Lieutenant-Governor in Council or in accordance with the regulations, may provide financial assistance to aid and encourage agricultural development in the Province and such financial assistance shall be in accordance with the terms and conditions specified by the Minister or specified in the approval of the Lieutenant-Governor in Council.
2007, c.16, s.2
Minister’s report re financial assistance
14The Minister shall submit to the Lieutenant-Governor in Council each month a report, in accordance with the regulations, in respect of any loan, grant or guarantee or any other financial assistance approved by the Minister in the preceding month.
1988, c.54, s.4
Annual charge
15(1)Any person who receives financial assistance under this Act shall pay to the Minister an annual charge in accordance with the terms and conditions prescribed by regulation.
15(2)The annual charges received by the Minister under this section shall be paid into the Consolidated Fund.
2007, c.16, s.3
Acquired property vested in Board
16Property acquired for the purposes of this Act is vested in the Board as agent for Her Majesty in right of the Province and may be held, dealt with, leased, sold or otherwise disposed of by the Board.
R.S.1973, c.F-3, s.6; 1980, c.21, s.4
Lease not assignable
17Unless authorized by the Board, a lessee shall not sublet, assign or transfer in whole or in part any lease granted under this Act.
R.S.1973, c.F-3, s.7
Cancellation of lease
18If a lessee under this Act fails to carry out any term or condition of the lease, the Board may cancel the lease at any time by notice served on the lessee by registered mail sent to the lessee’s latest known address and the lessee shall vacate the leased premises within 30 days after the mailing of notice.
R.S.1973, c.F-3, s.8
Agreement of sale, forfeiture and repossession
19(1)If a purchaser under this Act fails to carry out any term or condition of the agreement of sale, the Board, in addition to any other remedy provided by law or by the agreement of sale, may
(a) terminate the agreement of sale and declare the interest of the purchaser in the agreement of sale to be forfeited, and
(b) repossess the property on giving the purchaser 30 days’ notice in writing of the forfeiture and intention to repossess or, if neither the purchaser nor any of the purchaser’s legal representatives is within the Province or if the purchaser’s whereabouts is unknown, by posting the notice on the dwelling house or other conspicuous place on the premises of the defaulting purchaser, or of the purchaser’s legal representative,
19(2)On taking possession of the premises under the authority of subsection (1), the Board may deal with, lease, sell or otherwise dispose of lands so repossessed.
19(3)No overt act of repossession is necessary but the repossession is deemed to have taken place immediately at the end of 30 days after the giving or posting of the notice as the case may be.
R.S.1973, c.F-3, s.9
Abandonment of lease
20When it appears to the Board that a lessee or purchaser under this Act has abandoned the lessee’s or purchaser’s premises and a loss with regard to livestock or crops is likely, the Board may do such things as it considers necessary to avert that loss.
R.S.1973, c.F-3, s.10
Death of lessee or purchaser
21(1)When a lessee or purchaser dies indebted to the Board with respect to any property, the lessee’s or purchaser’s rights acquired under this or any former Act devolve on the lessee’s or purchaser’s heirs, devisees or personal representatives subject to
(a) all rights, claims and charges of the Board respecting the property, and
(b) the performance by the heirs, devisees or personal representatives of all obligations of the lessee or purchaser with respect to that property.
21(2)Default on the part of the heirs, devisees or personal representatives with respect to any obligation has the same effect as would default on the part of the lessee or purchaser but for the lessee’s or purchaser’s death, even if the heirs, devisees or personal representatives, or any one or more of them are under the disability of infancy or any other disability.
R.S.1973, c.F-3, s.11
Agreement for sale, status of defaulting purchaser
22A purchaser against whom repossession is carried out by the Board is deemed to have been a tenant at will at a rental equivalent to the instalments paid under the agreement of sale.
R.S.1973, c.F-3, s.12
Agriculture occupation permit
23The Minister may issue an agriculture occupation permit authorizing a person to use and occupy land under the administration and control of the Minister if the person
(a) makes an application on a form provided by the Minister,
(b) provides the Minister with such documentation and information as the Minister requires, and
(c) pays the fee, if any, prescribed by regulation.
2009, c.24, s.2
Term of agriculture occupation permit
24An agriculture occupation permit is valid for one year or for such shorter period as is specified by the Minister in the permit.
2009, c.24, s.2
Terms and conditions of agriculture occupation permit
25An agriculture occupation permit is subject to the terms and conditions imposed by the Minister.
2009, c.24, s.2
No assignment or transfer of agriculture occupation permit
26An agriculture occupation permit is not assignable or transferable.
2009, c.24, s.2
Liability for damage
27The holder of an agriculture occupation permit is liable for actual damage to property caused by the holder of the agriculture occupation permit or any person acting on behalf of the holder of the agriculture occupation permit on the land covered by the agriculture occupation permit.
2009, c.24, s.2
Cancellation of agriculture occupation permit
28The Minister may cancel an agriculture occupation permit if the holder of the agriculture occupation permit
(a) violates or fails to comply with this Act or the regulations,
(b) violates or fails to comply with a term or condition of the agriculture occupation permit, or
(c) requests in writing that the agriculture occupation permit be cancelled.
2009, c.24, s.2
Grant of agriculture lease
29The Minister may grant an agriculture lease to a person for the purpose of carrying out a farming operation on land under the administration and control of the Minister if the person
(a) makes an application on a form provided by the Minister,
(b) provides the Minister with such documentation and information as the Minister requires, and
(c) pays the fee, if any, prescribed by regulation.
2009, c.24, s.2
Term of agriculture lease
30An agriculture lease shall be for a period not exceeding 20 years or, with the approval of the Lieutenant-Governor in Council, for such period of time as the Minister considers appropriate.
2009, c.24, s.2
Terms, covenants and conditions of agriculture lease
31An agriculture lease is subject to the terms, covenants and conditions imposed by the Minister.
2009, c.24, s.2
Rent
32(1)The holder of an agriculture lease shall pay rent in the amount, at the time and in the manner determined by the Minister.
32(2)From the date on which the amount of rent under this Act with respect to an agriculture lease is to be paid by any person, the amount bears interest at the rate prescribed in subsection 9(1) of New Brunswick Regulation 84-247 under the Revenue Administration Act.
32(3)The amount of rent payable under this Act with respect to an agriculture lease, together with interest on the amount, that is due and unpaid by any person is a debt due to Her Majesty in right of the Province and may be recovered by action in her name in any court of competent jurisdiction.
2009, c.24, s.2
Assignment, transfer, sublet and set over of agriculture lease
33(1)The holder of an agriculture lease may, in accordance with the terms, covenants and conditions of the agriculture lease, assign, transfer, sublet or set over the agriculture lease.
33(2)The transfer of an agriculture lease shall be
(a) signed by the transferor or by the agent of the transferor, and
(b) accompanied by the fee, if any, prescribed by regulation.
2009, c.24, s.2
Borrowing
34The holder of an agriculture lease shall not, without the prior written approval of the Minister, mortgage, hypothecate, pledge or otherwise encumber the lease area.
2009, c.24, s.2
Liability for damage
35The holder of an agriculture lease is liable for actual damage to property caused by the holder of the agriculture lease or any person acting on behalf of the holder of the agriculture lease on the lease area.
2009, c.24, s.2
Renewal of agriculture lease
36(1)The Minister may renew an agriculture lease for a period not exceeding 20 years or, with the approval of the Lieutenant-Governor in Council, for such period of time as the Minister considers appropriate if
(a) before the agriculture lease expires, the holder of the lease
(i) makes an application on a form provided by the Minister,
(ii) provides the Minister with such documentation and information as the Minister requires, and
(iii) pays the fee, if any, prescribed by regulation, and
(b) the Minister is satisfied that this Act, the regulations and the terms, covenants and conditions of the agriculture lease have been complied with.
36(2)An agriculture lease may be renewed more than once.
2009, c.24, s.2
Surrender of agriculture lease
37The holder of an agriculture lease may surrender the agriculture lease by giving the Minister written notice of the surrender.
2009, c.24, s.2
Cancellation of agriculture lease
38(1)The Minister may cancel an agriculture lease if the holder of the agriculture lease
(a) violates or fails to comply with this Act or the regulations,
(b) violates or fails to comply with a term, covenant or condition of the agriculture lease, or
(c) surrenders the agriculture lease.
38(2)The Minister shall serve notice of the cancellation on the holder of the agriculture lease
(a) in a manner in which personal service may be made under the Rules of Court, or
(b) by mailing the notice by registered mail to the latest known address of the holder of the agriculture lease.
38(3)Service by registered mail shall be deemed to be effected seven days after the date of mailing.
38(4)The cancellation takes effect on the date the notice of cancellation is served.
38(5)The person who held the agriculture lease shall, within the period of time specified by the Minister,
(a) vacate the lease area, and
(b) rehabilitate the lease area to the satisfaction of the Minister.
38(6)If the person who held the agriculture lease fails to rehabilitate the lease area to the satisfaction of the Minister, the Minister may rehabilitate the lease area at the expense of that person.
2009, c.24, s.2
Obligation to pay rent after agriculture lease expires, is surrendered or cancelled
39When an agriculture lease expires or is surrendered or cancelled, the person who held the agriculture lease continues to be liable for any money owing with respect to rents, including interest on any amounts due and payable for which the person was liable immediately before the expiry, surrender or cancellation of the agriculture lease.
2009, c.24, s.2
Obligation to pay rent after death of holder of agriculture lease
40When the holder of an agriculture lease dies, the heirs, executors, administrators or assigns of the holder of the agriculture lease are liable for any money owing with respect to rents, including interest on any amounts due and payable for which the holder of the agriculture lease was liable immediately before his or her death.
2009, c.24, s.2
Inspections
41For the purpose of ensuring compliance with this Act, the regulations, the terms and conditions of an agriculture permit or the terms, covenants and conditions of an agriculture lease, the Minister may, at any reasonable time,
(a) enter and inspect any land covered by an agriculture occupation permit or any lease area, and
(b) conduct tests, make inquiries and take samples, measurements, photographs or audio or visual recordings that the Minister considers necessary.
2009, c.24, s.2
Obstruction
42 The holder of an agriculture occupation permit or an agriculture lease or any person acting on behalf of the holder of the agriculture occupation permit or agriculture lease shall not obstruct or interfere with the Minister while he or she is carrying out or attempting to carry out an inspection under this Act.
2009, c.24, s.2
Prior leases
43(1)Any lease granted by the Minister for agricultural purposes after December 31, 1992, and before the commencement of this section shall be deemed to have been validly granted and is confirmed and ratified.
43(2)Any act or thing done after December 31, 1992, and before the commencement of this section by the Minister with respect to a lease referred to in subsection (1) shall be deemed to have been validly done and is confirmed and ratified.
43(3)No action, application or any other proceeding to question or in which is questioned the validity of a lease referred to in subsection (1) or the authority of the Minister to grant that lease, shall lie or be instituted against Her Majesty in right of the Province or the Minister or any person appointed, assigned, designated or requested to assist the Minister with respect to the lease, if the Minister or person acted in good faith in granting the lease.
43(4)Sections 31 to 42 apply with the necessary modifications to a lease referred to in subsection (1).
2009, c.24, s.2
Regulations
44(1)The Lieutenant-Governor in Council may make regulations
(a) respecting the terms and conditions under which land is to be acquired, held, dealt with, leased, sold and otherwise disposed of;
(b) prescribing the circumstances under which the approval of the Minister is required before the Board may make any loan, grant or guarantee or give any other financial assistance under this Act;
(c) prescribing the circumstances under which the approval of the Lieutenant-Governor in Council is required before the Minister may make any loan, grant or guarantee or give any other financial assistance under this Act;
(d) prescribing the circumstances under which the approval of the Lieutenant-Governor in Council is required before the Board may make any loan, grant or guarantee or give any other financial assistance under this Act;
(e) respecting the information to be contained in the report submitted under section 14;
(f) prescribing the qualifications of applicants for loans, grants, guarantees, leases and agreements of sale;
(g) respecting the terms and conditions on which loans, grants and guarantees are to be made;
(h) respecting the rate of interest and the rebate of interest;
(i) respecting the annual charges and the terms and conditions applicable to annual charges;
(j) prescribing the terms and conditions on which financial assistance is to be given to persons affected by land use and agricultural development projects;
(k) respecting remuneration for members of the Board;
(l) respecting travelling and living expenses for which members of the Board are entitled to be reimbursed;
(m) defining any word or expression used in but not defined in this Act for the purposes of the regulations;
(n) prescribing fees payable under this Act;
(o) generally for the better administration of this Act.
44(2)A regulation made under paragraph (1)(i) may be retroactive to February 15, 2003, or to any date after February 15, 2003.
R.S.1973, c.F-3, s.13; 1980, c.21, s.5; 1984, c.43, s.1; 1985, c.28, s.5; 1988, c.54, s.5; 2007, c.16, s.4; 2009, c.24, s.3; 2009, c.36, s.1
Transitional
45All agreements and obligations entered into under the Farm Settlement Act, chapter 80 of the Revised Statutes, 1952, remain in force and are to be carried out by the Board, but a new agreement may be negotiated under this Act in substitution for the original.
R.S.1973, c.F-3, s.14