Agri-Food Innovation Act (S.S. 1995, c. A-15.3)

1 c. A-15.3AGRI-FOOD INNOVATION The Agri-Food Innovation Act Repealed by Chapter 5 of the Statutes of Saskatchewan, 2009 (effective March 31, 2009). Formerly Chapter A-15.3 of the Statutes of Saskatchewan, 1995 (effective March 31, 1995). 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. http://www.qp.gov.sk.ca/documents/english/Chapters/2009/Chap-5.pdf http://www.qp.gov.sk.ca/documents/english/Chapters/1995/A15 3.pdf http://www.qp.gov.sk.ca/documents/english/Chapters/1995/A15 3.pdf 2 c. A-15.3 AGRI-FOOD INNOVATION Table of Contents SHORT TITLE AND INTERPRETATION 1 Short title 2 Interpretation ESTABLISHMENT, OBJECT AND ADMINISTRATION 3 Fund established 4 Objects and purposes 5 Treasury Board Crown corporation 6 Members of the Fund 7 Board of directors 8 Committees 9 Officers and employees POWERS 10 Powers of Fund GENERAL 11 Payment 12 Federal-provincial agreement 13 Fiscal year 14 Regulations 15 Winding up and dissolution 3 c. A-15.3AGRI-FOOD INNOVATION CHAPTER A-15.3 An Act to establish The Agri-Food Innovation Fund SHORT TITLE AND INTERPRETATION Short title 1 This Act may be cited as The Agri-Food Innovation Act. Interpretation 2 In this Act: (a) “board” means the board of directors of the Fund; (b) “federal-provincial agreement” means an agreement entered into pursuant to section 12, as amended, supplemented or replaced from time to time; (c) “Fund” means the Agri-Food Innovation Fund established pursuant to section 3; (d) “minister” means the member of the Executive Council to whom for the time being the administration of this Act is assigned. 1995, c.A-15.3, s.2. ESTABLISHMENT, OBJECTS AND ADMINISTRATION Fund established 3 The Agri-Food Innovation Fund is established as a corporation. 1995, c.A-15.3, s.3. Objects and purposes 4(1) The objects and purposes of the Fund are to: (a) enhance the diversification of the Saskatchewan agriculture and food industry; (b) support research and development in the Saskatchewan agriculture and food industry; and (c) encourage Saskatchewan farmers and rural residents to create economic opportunities and jobs. (2) For the purpose of fulfilling its objects and purposes, the Fund may: (a) support the biotechnology infrastructure to the extent that the Fund considers necessary to allow Saskatchewan farmers and rural residents to be on the leading edge of new economic opportunities; 4 c. A-15.3 AGRI-FOOD INNOVATION (b) support the commercial development of technologies for the processing of agricultural products for food and non-food uses; (c) promote sustainable agricultural development; (d) support new primary production alternatives and skills within the agricultural community; (e) work in co-operation with persons or organizations having objects and purposes similar to those of the Fund; (f) support the development of skills that will assist agricultural producers in adapting to the changing agriculture and food industry; (g) carry out activities provided for in the federal-provincial agreement. 1995, c.A-15.3, s.4. Treasury Board Crown corporation 5 The Fund is a Treasury Board Crown corporation within the meaning of The Crown Corporations Act, 1993 for the purposes of the following provisions of that Act, and those provisions apply to the Fund: (a) subsection 14(6); (b) Part V, other than sections 23, 25 to 28 and 39 to 44; and (c) Part VI. 1995, c.A-15.3, s.5. Members of the Fund 6(1) The Fund consists of not more 12 persons appointed by the Lieutenant Governor in Council, at least a majority of whom are to be primary or secondary producers in the agriculture and food industry. (2) Every person appointed pursuant to this section as a member of the Fund holds his or her office at pleasure for a term not greater than three years and, notwithstanding the expiry of his or her term, continues to hold office until his or her successor is appointed. (3) Where a member of the Fund is absent, ill or unable to perform his or her duties, the Lieutenant Governor in Council may appoint another person to act as a temporary member of the Fund during the member’s absence, illness or disability. (4) Where the federal-provincial agreement contains any provisions respecting the appointment of members pursuant to subsection (1) or (3), the Lieutenant Governor in Council shall comply with those provisions. 1995, c.A-15.3, s.6. Board of directors 7(1) A board of directors consisting of those persons who constitute the Fund shall manage the affairs and business of the Fund. 5 c. A-15.3AGRI-FOOD INNOVATION (2) The Lieutenant Governor in Council shall designate the chairperson or co-chairpersons of the board. (3) The Lieutenant Governor in Council may designate one other member of the Fund as vice-chairperson of the board. (4) The chairperson or co-chairpersons shall: (a) preside over all meetings of the board; and (b) perform all the duties that may be imposed on, and may exercise all the powers that may be assigned to, the chairperson or co-chairpersons by resolution of the board. (5) Where the chairperson or the co-chairpersons are absent or unable to act or the office of the chairperson or one of the co-chairpersons is vacant, the vice-chairperson shall perform all the duties and may exercise all the powers of the chairperson or co-chairperson. (6) Where the chairperson, co-chairpersons and the vice-chairperson are absent or unable to act at a meeting, the board members who are present may choose another member to act as chairperson for the purposes of that meeting. (7) The Lieutenant Governor in Council may fix the quorum of the board, which shall include at least 50 per cent of the primary or secondary producers that are members of the Fund. (8) The Lieutenant Governor in Council shall fix the remuneration and rate of reimbursement for expenses for board members. (9) Where the federal-provincial agreement contains any provisions respecting the designation of the chairperson or co-chairpersons, the Lieutenant Governor in Council shall comply with those provisions. 1995, c.A-15.3, s.7. Committees 8(1) The board may establish committees consisting of persons representing governments, the research community, industry and producers. (2) The committees established pursuant to subsection (1) shall deal with areas assigned by the board, including, without being limited to, biotechnology, horticulture, specialty livestock, food processing, specialty crops, training, crop processing or general infrastructure. (3) The committees established pursuant to subsection (1) may, subject to the directives of the board: (a) identify potential growth opportunities; (b) develop strategies for growth of the sector; (c) coordinate initiatives approved by the board; 6 c. A-15.3 AGRI-FOOD INNOVATION (d) provide progress reports to the board; and (e) perform other duties assigned by the board. (4) The board may fix reasonable rates of remuneration and expenses for members of committees, and pay the remuneration or expenses out of the Fund. 1995, c.A-15.3, s.8. Officers and employees 9(1) Notwithstanding The Crown Corporations Act, 1993, the Fund shall not engage any employees. (2) The minister may provide to the Fund: (a) any supplies; and (b) the services of any employees under the minister’s direction; that the minister considers to be required for the Fund to carry out it powers, duties, objects and purposes pursuant to this Act. (3) The Fund may make use of the service of employees supplied by the Government of Canada or of volunteers to assist in the administration of the Fund, but shall not pay remuneration or expenses for those employees or volunteers. (4) The board may designate any persons whose services are made use of pursuant to subsection (2) or (3) as officers of the Fund, and may provide for the responsibilities of those officers, but shall not pay any remuneration or expenses for those officers. 1995, c.A-15.3, s.9. POWERS Powers of Fund 10(1) Subject to the approval of Treasury Board, the Fund may: (a) make grants or conditional grants to any person, organization, agency, government or other fund where the board considers it appropriate to do so to promote the objects and purposes of the Fund, on any conditions imposed by the board; (b) enter into any agreement with any person, agency, organization, institution or body within or outside Saskatchewan for any purpose related to: (i) the exercise of any of the powers of the Fund; or (ii) the carrying out of any of the objects or purposes of the Fund; (c) make any bylaws that are considered by the board as necessary or advisable to carry out the objects and purposes of the Fund; (d) establish procedures and priorities respecting the work of the Fund; 7 c. A-15.3AGRI-FOOD INNOVATION (e) receive and deposit funds from any person, agency, government or other organization; (f) engage the services of or retain any technical, professional or other advisers, specialists or consultants that the Fund considers necessary respecting its objects and purposes and powers, and pay their reasonable fees and expenses; (g) carry out or engage in any function or activity assigned to the Fund by the Lieutenant Governor in Council; (h) carry out or engage in any function or activity assigned to the Fund in the federal-provincial agreement; and (i) do all of the things that the Fund considers necessary, incidental or conducive to meeting its objects and purposes or to exercising its powers. (2) Treasury Board’s approval pursuant to subsection (1) may be general or specific in nature. 1995, c.A-15.3, s.10. GENERAL Payment 11 On the coming into force of this Act, the Minister of Finance shall pay to the Fund the amount of $18,000,000 out of the general revenue fund. 1995, c.A-15.3, s.11. Federal-provincial agreement 12(1) The Lieutenant Governor in Council may authorize the minister to enter into an agreement with the Government of Canada respecting the establishment or operation of the Fund. (2) The agreement mentioned in subsection (1) may contain provisions respecting: (a) the purposes and functions of the Fund; (b) any contributions by the Government of Canada and the Government of Saskatchewan to the Fund; (c) the appointment of members to the Fund; (d) the appointment of the chairperson and co-chairpersons; (e) the winding up of the Fund and the distribution of assets on winding up; and (f) any other matters the Lieutenant Governor in Council considers relevant. 1995, c.A-15.3, s.12. 8 c. A-15.3 AGRI-FOOD INNOVATION REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©1996 Fiscal year 13 The fiscal year of the Fund is the period commencing on April 1 in one year and ending on March 31 in the following year. 1995, c.A-15.3, s.13. Regulations 14 The Lieutenant Governor in Council may make regulations: (a) defining, enlarging or restricting the meaning of any word used in this Act but not defined in this Act; (b) establishing guidelines for the provision of grants or conditional grants by the Fund; (c) assigning additional functions and activities to the Fund; (d) prescribing any other matter or thing authorized by this Act to be prescribed in the regulations; (e) respecting any matter or thing that the Lieutenant Governor in Council considers necessary for the purposes of this Act. 1995, c.A-15.3, s.14. Winding up and dissolution 15 When the Fund is to be wound up, it shall be wound up in accordance with the provisions of The Crown Corporations Act, 1993, and in accordance with any provisions concerning the winding up of the Fund that may be provided for in the federal-provincial agreement. 1995, c.A-15.3, s.15.