Canadian Industrial Hemp Promotion-Research Agency Proclamation: SOR/2024-220
Canada Gazette, Part II, Volume 158, Number 24
Registration
SOR/2024-220 November 8, 2024
FARM PRODUCTS AGENCIES ACT
Canadian Industrial Hemp Promotion-Research Agency Proclamation
Mary May Simon
[L.S.]
Canada
Charles the Third, by the Grace of God King of Canada and His other Realms and Territories, Head of the Commonwealth.
Shalene Curtis-Micallef
Deputy Attorney General
TO ALL TO WHOM these presents shall come or whom the same may in any way concern,
GREETING:
A Proclamation
Whereas subsection 39(1) of the Farm Products Agencies Act provides that the Governor in Council may, by proclamation, establish a promotion and research agency with powers relating to one or more farm products, if the Governor in Council is satisfied that the majority of the aggregate of the producers or, if the import trade in one or more farm products is to be included, the majority of the aggregate of the producers and importers, of all of those farm products, in Canada or in the region to which the proclamation relates, is in favour of the establishment of such an agency;
And whereas the Governor in Council is satisfied that a majority of the aggregate of the producers and importers of industrial hemp products in Canada is in favour of the establishment of a promotion and research agency;
Now Know You that We, by and with the advice of Our Privy Council for Canada and pursuant to Order in Council P.C. 2024-1147 of October 25, 2024, do by this Our Proclamation
- (a) establish a promotion and research agency, known as the Canadian Industrial Hemp Promotion-Research Agency, consisting of nine members appointed in the manner and for the term as set out in the annexed schedule;
- (b) specify that the manner of designation of the chair and vice-chair of the Canadian Industrial Hemp Promotion-Research Agency, the manner of appointment and term of temporary substitute members of the Agency and the place within Canada where its head office is to be situated are as set out in the annexed schedule;
- (c) designate that the farm products in relation to which the Canadian Industrial Hemp Promotion-Research Agency may exercise its powers are industrial hemp products as defined in the annexed schedule; and
- (d) specify that the terms of the promotion and research plan that the Canadian Industrial Hemp Promotion-Research Agency is empowered to implement are as set out in the annexed schedule;
And Know You further that this Proclamation may be cited as the Canadian Industrial Hemp Promotion-Research Agency Proclamation.
Of all which Our loving subjects and all others whom these presents may concern are required to take notice and to govern themselves accordingly.
IN TESTIMONY WHEREOF, We have caused this Our Proclamation to be published and the Great Seal of Canada to be affixed to it.
WITNESS:
Our Right Trusty and Well-beloved Mary May Simon, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Chancellor and Commander of Our Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.
At OUR GOVERNMENT HOUSE, in Our City of Ottawa, this seventh day of November in the year of Our Lord two thousand and twenty-four and in the third year of Our Reign.
BY COMMAND,
Philip Jennings
Deputy Registrar General of Canada
Canadian Industrial Hemp Promotion-Research Agency Proclamation
SCHEDULE
Definitions
1 The following definitions apply in this schedule.
- Act
- means the Farm Products Agencies Act. (Loi)
- Agency
- means the Canadian Industrial Hemp Promotion-Research Agency established by this Proclamation. (Office)
- derivative
- has the same meaning as in subsection 2(3) of the Industrial Hemp Regulations. (dérivé)
- industrial hemp
- has the same meaning as in subsection 1(2) of the Industrial Hemp Regulations. (chanvre industriel)
- industrial hemp product
- means industrial hemp and anything set out in Schedule 2 to the Cannabis Act. (produit de chanvre industriel)
- marketing
- in relation to an industrial hemp product or a derivative, means selling and offering for sale and buying, pricing, assembling, packing, processing, transporting, storing and any other act necessary to prepare the product or derivative in a form or to make it available at a place and time for purchase for consumption or use. (commercialisation)
- plan
- means the promotion and research plan the terms of which are set out in Part 2. (plan)
PART 1
Agency
2 (1) The nine members of the Agency are to be elected at the Agency’s annual general meeting in the following manner:
- (a) for each of the following provinces, one member is to be elected by the industrial hemp producers of that province from among the persons who have notified the Agency of their candidacy, hold a licence that, under the Industrial Hemp Regulations, authorizes the cultivation of industrial hemp and have cultivated industrial hemp in that province in the calendar year of the election or the previous two calendar years:
- (i) Ontario,
- (ii) Quebec,
- (iii) Manitoba,
- (iv) British Columbia,
- (v) Saskatchewan, and
- (vi) Alberta;
- (b) one member, to represent industrial hemp producers in the Atlantic provinces of Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland and Labrador, is to be elected by the industrial hemp producers of those provinces from among the persons who have notified the Agency of their candidacy, hold a licence that, under the Industrial Hemp Regulations, authorizes the cultivation of industrial hemp and have cultivated industrial hemp in any of those provinces in the calendar year of the election or the previous two calendar years;
- (c) one member, to represent industrial hemp importers, is to be elected by the industrial hemp importers from among the persons who have notified the Agency of their candidacy and have imported industrial hemp products or derivatives in the calendar year of the election or the previous two calendar years; and
- (d) one member is to be elected by the members elected under paragraphs (a) to (c) from among the persons who have notified the Agency of their candidacy and are involved in the supply chain for industrial hemp.
(2) Despite subsection (1), if there is no candidate for an election under any of paragraphs (1)(a) to (d), the Agency may appoint the member.
3 A member holds office for a two-year term beginning on the last day of the annual general meeting at which the member is elected or appointed.
4 If a member is unable to act for the remainder of their term or ceases to hold office, the Agency must appoint a temporary substitute member to hold that office until the next annual general meeting.
5 (1) The members of the Agency are, at their first meeting and subsequently at their first meeting after each annual general meeting, to elect from among themselves a chair and a vice-chair.
(2) If the chair or the vice chair is unable to act for the remainder of their term or ceases to hold office, the members of the Agency must elect from among themselves a new chair or vice-chair, as the case may be, to hold that office for the balance of the term.
6 The head office of the Agency is to be situated in the city of Calgary in the Province of Alberta.
PART 2
Terms of the Plan
Promotion and Research
7 The Agency is authorized to
- (a) promote the marketing and production of industrial hemp products and derivatives for the purposes of interprovincial, export and import trade; and
- (b) conduct and promote research activities related to those products and derivatives.
Budget and Business Program
8 The Agency must annually submit to the Council a budget that sets out the costs of the proposed business and activities of the Agency for a 12-month period, a business program that sets out a detailed description of that business and those activities and all relevant information to enable the Council to determine if
- (a) the proposed business and activities of the Agency are consistent with section 7 and with the object of the Agency as described in section 41 of the Act; and
- (b) any existing or proposed orders referred to in subsection 9(1) are necessary for the implementation or the administration of the plan.
Levies and Charges
9 (1) For the purpose of the implementation or administration of the plan, the Agency may, by order, impose levies or charges on persons engaged in
- (a) the marketing of industrial hemp products in interprovincial or export trade; and
- (b) the importation of industrial hemp products or derivatives.
(2) An order may group persons into classes, specify the levies or charges, if any, that are payable by the persons in each of those classes and provide for the manner of collection of the levies or charges.
(3) The Agency must retain in a separate account the moneys received from the levies or charges that are imposed on persons engaged in the importation of industrial hemp products or derivatives.
(4) Levies or charges that are imposed by an order of the Agency that are unpaid 30 days after the day on which they were due constitute a debt payable to the Agency.
(5) The Agency may appoint a person to collect on the Agency’s behalf the levies or charges that are imposed by any order.
(6) Levies or charges that are imposed must be fixed at levels that will ensure returns to the Agency that are sufficient to defray its estimated administrative and business program costs each year.
Cooperation
10 The Agency must take all reasonable steps to promote a high degree of cooperation among its members, and producers and importers of industrial hemp products and derivatives.
Review of the Plan
11 (1) The Agency must hold a meeting within five years after the day on which this Proclamation comes into force, and every five years after that, for the purpose of reviewing the terms and effectiveness of the plan and determining whether any modifications are required to facilitate the carrying out of the Agency’s object as described in section 41 of the Act.
(2) Within three months after the day on which a meeting referred to in subsection (1) takes place, the Agency must file with the Council a written report of its review and any recommendations for modifications.
Section 42 of the Act — Powers
12 Nothing in this Part affects the vesting in the Agency of the powers set out in section 42 of the Act.