name: Marketing Freedom for Grain Farmers Act
unofficial_text: # Marketing Freedom for Grain Farmers Act
  
  SC 2011, c 25
  
  An Act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain Acts
  
  Assented to 2011-12-15
  
  Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 
  
  ## Short Title 
  
  ### Short title
  
  1 This Act may be cited as the Marketing Freedom for Grain Farmers Act.  
  
  # PART 1 
  
  ## Operations of the Canadian Wheat Board During Preliminary Period 
  
  ## Amendments to the Canadian Wheat Board Act 
  2 [Amendment] 
  3 [Amendments] 
  4 [Amendment] 
  5 [Amendment] 
  6 [Amendment] 
  7 [Amendment] 
  8 [Amendment] 
  9 [Amendment] 
  9.1 [Amendment] 
  10 [Amendment] 
  11 [Amendments] 
  
  ## Transitional Provisions 
  12 [Transitional Provision] 
  13 [Transitional Provision] 
  
  # PART 2 
  
  ## Voluntary Pooling 
  
  ## Enactment of Canadian Wheat Board (Interim Operations) Act 
  
  ### Enactment
  
  14 The Canadian Wheat Board (Interim Operations) Act is enacted as follows:  
  
  ## Consequential and Related Amendments 
  
  ## Advance Payments for Crops Act 
  15 [Amendment] 
  
  ## Agricultural Marketing Programs Act 
  16 [Amendments] 
  17 [Amendment] 
  18 [Amendment] 
  19 [Amendment] 
  20 [Amendment] 
  21 [Amendment] 
  
  ## Agricultural Products Cooperative Marketing Act 
  22 [Amendment] 
  
  ## An Act to amend the Canada Grain Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to repeal the Grain Futures Act 
  23 [Amendment] 
  
  ## Canada Grain Act 
  24 [Amendments] 
  25 [Amendments] 
  26 [Amendments] 
  27 [Amendment] 
  28 [Amendment] 
  29 [Amendment] 
  30 [Amendment] 
  31 [Amendment] 
  32 [Amendments] 
  33 [Amendment] 
  34 [Amendment] 
  
  ## Farm Products Agencies Act 
  35 [Amendment] 
  
  ## Livestock Feed Assistance Act 
  36 [Amendment] 
  
  ## Prairie Grain Advance Payments Act 
  37 [Repeal] 
  
  ## Seeds Act 
  38 [Amendment] 
  
  ## Repeal 
  39 [Repeal] 
  
  ## Coming into Force 
  
  ### Order in council
  
   * 40  This Part comes into force on a day to be fixed by order of the Governor in Council. 
  * [Note: Part 2 in force August 1, 2012, see SI/2011-120.]  
  
  # PART 3 
  
  ## Commercialization of the Canadian Wheat Board 
  
  ## Continuance 
  
  ### Definitions
  
  41 (1) The following definitions apply in this Part and in Parts 4 and 5.  
  *board* means the board of directors of the Corporation as defined in subection 2(1) of the Canadian Wheat Board (Interim Operations) Act. (conseil)   
  *Corporation* means the Canadian Wheat Board continued by subsection 4(1) of the Canadian Wheat Board (Interim Operations) Act. (Commission)   
  *Minister* means the Minister of Agriculture and Agri-Food. (ministre)  
  
  ### Words and expressions
  
  (2) Unless it is otherwise provided, words and expressions used in this Part or in Part 4 or 5 have the same meaning as in the Canadian Wheat Board (Interim Operations) Act.  
  
  ### Submission to Minister
  
  42 (1) The Corporation must submit an application for continuance under one of the following Acts for the Minister’s approval: 
  (a) the Canada Business Corporations Act ;  
  (b) the Canada Cooperatives Act ; or  
  (c) the Canada Not-for-profit Corporations Act.  
  
  ### Deadline
  
  (2) The application must be submitted to the Minister within four years, or any shorter period specified by the Minister, after the day on which this Part comes into force. 
  
  ### Submission to applicable authorities
  
  (3) Once the application has been approved by the Minister, the Corporation must submit the application to the applicable authorities under the relevant Act. 
  
  ### Application not invalid
  
  (4) The application is not invalid solely because the Corporation is incorporated by an Act of Parliament. 
  
  ### Restriction
  
  43 The Corporation is not entitled to apply for continuance in another jurisdiction. 
  
  ## Coming into Force 
  
  ### Simultaneous coming into force
  
   * 44  This Part comes into force on the day on which Part 2 comes into force. 
  * [Note: Part 3 in force August 1, 2012, see SI/2011-120.]  
  
  ## Ceasing to Have Effect 
  
  ### Ceasing to have effect
  
  45 This Part ceases to have effect on the day on which Part 4 applies. 
  
  # PART 4 
  
  ## Dissolution of the Canadian Wheat Board 
  
  ## Application 
  
  ### Application of Part
  
  46 This Part applies only if the Corporation is not continued under Part 3 within five years, or any shorter period specified by the Governor in Council, after the day on which that Part comes into force. 
  
  ## Final Pool Period 
  
  ### Final pool period
  
  47 (1) The Minister must, by order, in respect of each grain, designate one or more pool periods set by the Corporation under section 27 of the Canadian Wheat Board (Interim Operations) Act as a final pool period for the purposes of winding up the Corporation.  
  
  ### Final payment
  
  (2) The Corporation must make all payments due under subsection 29(3) of the Canadian Wheat Board (Interim Operations) Act in respect of the final pool period before winding up the Corporation under section 48.  
  
  ### Exercising powers
  
  (3) After the end of the final pool period, the Corporation may exercise its powers under the Canadian Wheat Board (Interim Operations) Act only for the purpose of administering that pool period and winding up the Corporation.  
  
  ## Distribution of Assets 
  
  ### Distribution of property
  
  48 (1) The property of the Corporation is to be applied in satisfaction of its debts and liabilities, and the charges, costs and expenses incurred in winding-up its affairs. 
  
  ### Clarification
  
  (2) For greater certainty, the contingency fund established under subsection 18(1) of the Canadian Wheat Board (Interim Operations) Act forms part of the property of the Corporation.  
  
  ### Deadline for claims
  
  49 (1) The Minister may fix a date by which all claims against the Corporation are to be submitted to the Corporation and must publish a notice of that date in the Canada Gazette at least 60 days before that date.  
  
  ### Failure to submit
  
  (2) Any claim against the Corporation that is not submitted in accordance with subsection (1) is void. 
  
  ### Winding-up expenses
  
  50 All charges, costs and expenses properly incurred in the winding-up of the Corporation, including the remuneration of any liquidator appointed under section 52, are payable out of the assets of the Corporation, in priority to all other claims.  
  
  ### Surplus
  
  51 (1) Any surplus that remains after the satisfaction of the debts and liabilities of the Corporation and the winding-up charges, costs and expenses belongs to Her Majesty in right of Canada. 
  
  ### Unsatisfied debts and liabilities
  
  (2) Any debts and liabilities of the Corporation that remain unsatisfied on the day on which the Corporation is dissolved become the debts and liabilities of Her Majesty in right of Canada. 
  
  ## Appointment of Liquidator 
  
  ### Appointment
  
  52 If the Minister considers it necessary to fully carry out the purpose of this Part, the Minister may appoint a liquidator, who is to hold office during pleasure, to administer the final pool period and wind up the Corporation. 
  
  ### Powers, duties and functions
  
  53 On appointment of a liquidator, 
  (a) the president, chairperson and other directors cease to hold their respective offices and the liquidator may exercise all of the powers and perform all the duties and functions of the Corporation; and 
  (b) the by-laws made under section 9 of the Canadian Wheat Board (Interim Operations) Act are deemed to be revoked.  
  
  ### Refusal to honour
  
  54 The liquidator may refuse to honour any gratuitous contract, or conveyance or contract without consideration or with a merely nominal consideration, respecting either real or personal property or immovables or movables, made by the Corporation before the appointment of the liquidator. 
  
  ## Dissolution Date 
  
  ### Dissolution
  
  55 The Corporation is dissolved on a day fixed by order of the Governor in Council. 
  
  # PART 5 
  
  ## Repeal of the Canadian Wheat Board (Interim Operations) Act 
  
  ## Application 
  
  ### Application of Part
  
  56 This Part applies when the Corporation is continued under Part 3 or dissolved under Part 4. 
  
  ## Transitional Provision 
  
  ###  Library and Archives of Canada Act 
  
  57 Despite sections 58 and 63, the Library and Archives of Canada Act continues to apply to the Corporation but only in respect of government records, as defined in that Act, that were under the control of the Corporation on the day before the day on which this Part applies.  
  
  ## Consequential Amendments 
  
  ## Access to Information Act 
  58 [Amendment] 
  
  ## Canada Grain Act 
  59 [Amendment] 
  
  ## Canada Transportation Act 
  60 [Amendment] 
  
  ## Federal-Provincial Fiscal Arrangements Act 
  61 [Amendment] 
  
  ## Payments in Lieu of Taxes Act 
  62 [Amendment] 
  
  ## Privacy Act 
  63 [Amendment] 
  
  ## Repeal 
  64 [Repeal]