P-41.1, r. 1.1 - Regulation respecting the authorization for the alienation or use of a lot without the authorization of the Commission de protection du territoire agricole du Québec

Section 17.1 Disposition versions

2022-08-25

17.1. The processing of a farm product at the farm is allowed, even where it is carried out by a person or a partnership separate from the producer, in the following cases:

(1)  where the producer is an entity formed by a natural person,

(a)  the natural person owns at least 50% of the interests of the legal person carrying out the processing;

(b)  the natural person is a partner holding at least 50% of the interests of the partnership carrying out the processing;

(2)  where the producer is an entity formed by a legal person,

(a)  a natural person holding at least 50% of the interests in the legal person is carrying out the processing;

(b)  one or several persons or partnerships holding at least 50% of the interests in the legal person also hold 50% of the interests in the legal person carrying out the processing;

(c)  one or several persons or partnerships holding at least 50% of the interests in the legal person are also partners holding at least 50% of the interests of the partnership carrying out the processing;

(3)  where the producer is an entity formed by a partnership,

(a)  a natural person holding at least 50% of the interests of the partnership carries out the processing;

(b)  one or more partners holding at least 50% of the interests of the partnership also hold at least 50% of the interests of the legal person carrying out the processing;

(c)  one or more partners holding at least 50% of the interests of the partnership are also partners holding at least 50% of the interests of the partnership carrying out the processing.

For the purposes of this section, “interests” means either the outstanding voting shares or, for a person or a partnership without share capital, the shares of the partners or members.

O.C. 1444-2022, s. 16.