The Family Farm Improvement Act

Transcription

1 FAMILY FARM IMPROVEMENT c. F-6 1 The Family Farm Improvement Act being Chapter F-6 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 2 c. F-6 FAMILY FARM IMPROVEMENT Table of Contents 1 Short title 2 Interpretation 3 Purposes of Act 4 Family Farm Improvement Branch 5 Advisory committee 6 Powers of minister 7 Provision of certain services with respect to buildings not on farmsteads 8 Advances 9 Materials, etc., charged against farmstead or placed in stock 10 Treasury Board regulations 11 Charging of materials, etc. 12 Annual statements of standing of advances account 13 Procedure where operations result in surplus or deficit 14 Checking of stock 15 Payments by Minister of Finance in respect of certain guaranteed loans 16 Expenditures 17 Regulations

3 FAMILY FARM IMPROVEMENT c. F-6 3 CHAPTER F-6 An Act respecting the Improvement of Family Farms Short title 1 This Act may be cited as The Family Farm Improvement Act. R.S.S. 1978, c.f-6, s.1. Interpretation 2 In this Act: branch (a) branch means the Family Farm Improvement Branch mentioned in section 4; farmstead (b) farmstead means the land on which farm buildings are situated and all adjacent land used or that may be used for shelterbelts, gardens, lawns, storage, shelter, traffic, water supply, water transmission, water storage, services and other facilities contributing to the beneficial use of farm buildings, and includes the buildings, vegetation and other developments or improvements pertaining to the land; minister (c) minister means the Minister of Agriculture; water and sewage works (d) water and sewage works means artificial or natural works used to supply, gather, store, improve, purify, heat, cool or transmit water or to gather, store, process, purify, decompose, transmit or dispose of sewage. R.S.S. 1965, c.224, s.2; R.S.S. 1978, c.f-6, s.2. Purposes of Act 3 The purposes of this Act are to advance the rural economy and raise rural living standards by providing technical, construction and installation services and financial assistance for the development, improvement and modernization of farmsteads and rural building sites and for the relocation of farm buildings. R.S.S. 1965, c.224, s.3; R.S.S. 1978, c.f-6, s.3. Family Farm Improvement Branch 4 There shall continue to be a branch of the Department of Agriculture called the Family Farm Improvement Branch, which shall consist of a director called the Director of the Family Farm Improvement Branch and such staff as the minister deems necessary to carry out the purposes of this Act and to conduct the business of the branch. R.S.S. 1965, c.224, s.4; R.S.S. 1978, c.f-6, s.4.

4 4 c. F-6 FAMILY FARM IMPROVEMENT Advisory committee 5(1) The Lieutenant Governor in Council may appoint an advisory committee to be called the Advisory Committee on Family Farm Improvement. (2) The committee may advise the minister on any matter respecting the development, improvement and relocation of farmsteads. R.S.S. 1965, c.224, s.5; R.S.S. 1978, c.f-6, s.5. Powers of minister 6(1) Subject to the regulations, the minister may provide technical, construction and installation services and financial assistance for the development, improvement and modernization of farmsteads and for the development and improvement of water supplies, and without limiting the generality of the foregoing the minister may: (a) purchase and sell materials, supplies and equipment, and purchase, operate and sell machinery, tools and equipment, for excavation, construction and transportation and other services required for the construction and installation of water and sewage works; (b) provide financial assistance for the construction and installation of water and sewage works on farmsteads; (c) provide technical services and financial assistance in the development and improvement of wells, springs, streams, dams, reservoirs, dugouts, cisterns, pipe lines and other things for the supply, transmission or storage of water for farmsteads:, (d) enter into an agreement to undertake or assist in the development and improvement of a farmstead; (e) undertake such research or encourage or provide for such research by other agencies as he deems necessary to determine the suitability of processes, methods, products, materials, supplies, tools, machines, appliances and equipment for use in the development, improvement and conservation of farmsteads and water supplies for farmsteads; (f) conduct short courses, schools, demonstration projects, field days and meetings, and carry out demonstration and other projects, to assist farmers in the development and improvement of farmsteads; (g) produce pamphlets, circulars, bulletins, photographs, films and other things to assist farmers and other rural residents in the development and improvement of farmsteads; (h) employ professional agrologists, professional engineers, home economists, tradesmen and other professional and skilled workers to advise farmers with respect to, and assist them in, the development or farmsteads and the planning, designing, constructing, installing and servicing of improvements to farmsteads; (i) provide technical service and financial assistance to rural municipalities, voluntary associations and local organizations for the purpose of initiating projects authorized under this Act or the regulations.

5 FAMILY FARM IMPROVEMENT c. F-6 5 (2) The minister may also: (a) provide technical services and financial assistance to rural municipalities, voluntary associations, local organizations and individual farmers or other rural residents for the purpose of making surveys respecting, and studying and planning, the relocation of farmsteads with a view to improving access to water supplies, roads, schools, school bus routes, farm power lines, rural telephone lines and other rural services; (b) provide construction services and financial assistance for the relocation of individual farmsteads, the exchange or purchase of land for the relocation of farmsteads and the development of water supplies for use where farmsteads have been relocated. R.S.S. 1965, c.224, s.6; R.S.S. 1978, c.f-6, s.6. Provision of certain services with respect to buildings not on farmsteads 7(1) Where a building, other than a building on a farmstead, is situated in an area where water and sewage works are being installed on farmsteads under a program of the branch, the minister may, if he considers it in the public interest to do so, authorize the provision of technical, construction and installation services in order that the building may be equipped with water and sewage works. (2) The minister may, subject to the regulations, sell any materials purchased pursuant to this Act and provide technical assistance for the purpose of assisting in and expediting the installation of water and sewage works in a town, village or hamlet or a settlement in an Indian reserve or in the Northern Saskatchewan Administration District. R.S.S. 1965, c.224, s.7; 1969, c.20, s.2; R.S.S. 1978, c.f-6, s.7. Advances 8(1) The Minister of Finance may, upon the requisition of the minister, advance to the branch, out of the consolidated fund, such sums of money as are required: (a) to purchase, operate and maintain such machinery, tools and equipment, and to purchase such materials and supplies, as may be requisite for use or sale in the development and improvement of farmsteads under any of the powers mentioned in section 6 or 7; (b) to pay salaries and wages for labour required in the operation and maintenance of machinery and equipment and the handling, storing, assembling and distributing of materials, supplies and equipment mentioned in clause (a); (c) to pay for construction and installation services provided under agreements or otherwise pursuant to section 6 or 7; (d) to make other necessary expenditures in connection with the development and improvement of farmsteads pursuant to section 6 or 7. (2) The net amount of such advances shall not at any time exceed the sum of $3,000,000. (3) Sums advanced under subsection (1) shall be placed to the credit of an account to be known as the Family Farm Advance Account. R.S.S. 1965, c.224, s.8; R.S.S. 1978, c.f-6, s.8.

6 6 c. F-6 FAMILY FARM IMPROVEMENT Materials, etc., charged against farmstead or placed in stock 9 Materials, supplies and equipment purchased with money advanced under clause (a) of subsection (1) of section 8 may be charged directly against the particular farmstead for which they are required or may be placed in stock to be subsequently used in connection with and charged against the farmstead for which they are required. R.S.S. 1965, c.224, s.9; R.S.S. 1978, c.f-6, s.9. Treasury Board regulations 10 The Treasury Board may make regulations governing the records to be kept by the branch with respect to the Farmily Farm Advance Account. R.S.S. 1965, c.224, s.10; R.S.S. 1978, c.f-6, s.10. Charging of materials, etc. 11(1) The total cost of the development and improvement of a farmstead shall be charged to the account of the recipient of the materials, supplies and services, and the moneys collected on the account shall be credited to the account of the advance made under section 8. (2) In computing the costs of the development and improvement of a farmstead, the branch shall take into account, in addition to the direct cost of labour, material, supplies or equipment, the cost of handling, storing, assembling or distributing the material, supplies and equipment. R.S.S. 1965, c.224, s.11; R.S.S. 1978, c.f-6, s.11. Annual statements of standing of advances account 12 The Minister of Finance shall publish annually with the public accounts a statement showing: (a) the standing at the close of each fiscal year of the account of the advances; (b) particulars of the operation of the Family Farm Advance Account for the year in respect of which the statement is made, any operating surplus or deficit that may be found to result from the year s operations being shown but neglected in the consideration of the following year s operations; (c) the total amount of the accounts receivable and setting forth separately the accounts that have been outstanding for a period of one year or more. R.S.S. 1965, c.224, s.12; 1969, c.20, s.3; R.S.S. 1978, c.f-6, s.12. Procedure where operations result in surplus or deficit 13 Any operating surplus resulting from the operation of the Family Farm Advance Account in any fiscal year shall be paid to the Minister of Finance and shall form part of the consolidated fund and any operating deficit resulting from the operation of the Family Farm Advance Account in any fiscal year shall be charged to the branch in the following fiscal year. R.S.S. 1965, c.224, s.13; R.S.S. 1978, c.f-6, s.13.

7 FAMILY FARM IMPROVEMENT c. F-6 7 Checking of stock 14 The minister shall make such arrangements as will give to the Provincial Auditor all needed facility and assistance to check the stock on hand at the close of each fiscal year, and shall furnish the Minister of Finance with any information necessary to complete the statement required to be published with the public accounts pursuant to section 12. R.S.S. 1965, c.224, s.14; R.S.S. 1978, c.f-6, s.14. Payments by Minister of Finance in respect of certain guaranteed loans 15(1) Subject to subsections (2) and (3), the Minister of Finance shall, upon the recommendation of the minister, pay to a credit union the amount of the loss sustained by it in respect of a loan guaranteed pursuant to the regulations, if: (a) the loan was made for the construction and installation of water and sewage works under a program sponsored by the branch; (b) the loan was made upon the terms and conditions prescribed by the regulations; but the total payments to the credit union in respect of loans made by it during any calendar year shall not exceed ten per cent of the aggregate principal amount of the guaranteed loans made by the credit union during that calendar year. (2) The liability of the Minister of Finance to make payments under this section is limited to the unpaid principal amount of a guaranteed loan. (3) No payment shall be made under subsection (1) before the final instalment of a loan has been in arrears for a period of more than one year, or after the final instalment has been in arrears for a period of more than three years, or unless the credit union has, in the opinion of the minister, diligently endeavoured to collect the unpaid balance of the loan. (4) Where the Minister of Finance makes a payment under subsection (1) the credit union shall assign to him all securities relating to the loan in respect of which the payment is made and thereupon the Minister of Finance shall be subrogated to all rights, powers, remedies and securities of the credit union in relation to the loan. R.S.S. 1965, c.224, s.15; R.S.S. 1978, c.f-6, s.15. Expenditures 16 Sums required for the purposes of this Act may be paid from moneys appropriated by the Legislature for such purposes. R.S.S. 1965, c.224, s.16; R.S.S. 1978, c.f-6, s.16. Regulations 17(1) For the purpose of carrying out the provisions of this Act according to their intent and of supplying any deficiency therein the Lieutenant Governor in Council may make regulations not inconsistent with the spirit of this Act which shall have the same force and effect as enacted herein.

8 8 c. F-6 FAMILY FARM IMPROVEMENT (2) Without limiting the generality of subsection (1), the Lieutenant Governor in Council may make regulations: (a) respecting the terms and conditions to be observed and the procedure to be followed in providing financial assistance under this Act for the development and improvement of farmsteads, the relocation of farmsteads, the construction and installation of water and sewage works and the development of water supplies, and respecting the amount of such financial assistance; (b) prescribing the classes of machinery, tools, materials, supplies and equipment that may be purchased by the branch; (c) respecting the rates to be charged and the terms of payment for work done and for materials, supplies and equipment furnished by the branch; (d) prescribing the forms of agreements to be entered into by the minister; (e) establishing the procedure and principles to be followed in the operation of the Family Farm Advance Account; (f) respecting the manner of guaranteeing loans made by credit unions for the purpose of constructing and installing water and sewage works and the procedure to be followed in guaranteeing such loans, and respecting the eligibility of such loans for guarantees under this Act. (3) Every regulation made under this section shall be published in The Saskatchewan Gazette and shall have force and effect on and after the date of such publication or on and after the date specified for the purpose in the regulation or in the order in council making the regulation. R.S.S. 1965, c.224, s.17; R.S.S. 1978, c.f-6, s.17. REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN S PRINTER Copyright 2016