Canadian Egg Marketing Agency Quota Regulations, 1986

Contents

Whereas the Governor in Council has by the Canadian Egg Marketing Agency Proclamation, C.R.C., c. 646, established the Canadian Egg Marketing Agency pursuant to subsection 17(1) of the Farm Products Marketing Agencies Act;^noteWhereas the Canadian Egg Marketing Agency has been empowered to implement a marketing plan pursuant to the Canadian Egg Marketing Agency Proclamation;Whereas the proposed Canadian Egg Marketing Agency Quota Regulations annexed hereto are of a class to which paragraph 7(1)(d) of the said Act applies by reason of section 2 of the Agencies’ Orders and Regulations Approval Order, C.R.C., c. 648, and has been submitted to the National Farm Products Marketing Council pursuant to paragraph 23(1)(f) of the said Act;And Whereas the National Farm Products Marketing Council is satisfied pursuant to paragraph 7(1)(d) of the said Act that the making of the proposed Regulations is necessary for the implementation of the marketing plan that the Canadian Egg Marketing Agency is authorized to implement and has approved the proposed Regulations on the 13th day of December, 1985.Therefore, the Canadian Egg Marketing Agency, pursuant to paragraph 23(1)(f) of the Farm Products Marketing Agencies Act and subsection 2(1) of Part II of the Schedule to the Canadian Egg Marketing Agency Proclamation, C.R.C., c. 646, hereby makes the annexed Regulations respecting the determination of the number of dozens of eggs that an egg producer may market in interprovincial and export trade.Ottawa, December 13, 1985

Short Title

1 #

These Regulations may be cited as the Canadian Egg Marketing Agency Quota Regulations, 1986.^note

Interpretation

2 #

In these Regulations:

Act means the Farm Products Agencies Act; (Loi)

Agency means the Canadian Egg Marketing Agency; (Office)

Commodity Board means, in respect of the Province of

(a)Ontario, the Ontario Egg Producers,

(b)Quebec, la Fédération des producteurs d’oeufs de consommation du Québec,

(c)Nova Scotia, the Nova Scotia Egg and Pullet Producers Marketing Board,

(d)New Brunswick, the New Brunswick Egg Marketing Board,

(e)British Columbia, the British Columbia Egg Producers,

(f)Prince Edward Island, the Prince Edward Island Egg Commodity Marketing Board,

(g)Manitoba, the Manitoba Egg Producers,

(h)Saskatchewan, the Saskatchewan Egg Producers,

(i)Alberta, the Alberta Egg and Fowl Marketing Board,

(j)Newfoundland, the Newfoundland Egg Marketing Board, and

(k)the Northwest Territories, the Northwest Territories Egg Producers; (Office de commercialisation)

designated facilities [Repealed, SOR/2017-206, s. 1]

egg means the egg of a domestic hen; (oeuf)

egg for processing quota [Repealed, SOR/2024-287, s. 1]

export market development quota [Repealed, SOR/2017-206, s. 1]

export quota [Repealed, SOR/2001-27, s. 1]

federal quota means the number of dozens of eggs that a producer is entitled, under these Regulations, to market in interprovincial and export trade through normal marketing channels during the period set out in Schedule 1; (contingent fédéral)

hen means a hen belonging to the species gallus domesticus; (poule)

marketing, in relation to eggs, means selling and offering for sale and buying, pricing, assembling, packing, processing, transporting, storing and reselling, whether in whole or in processed form; (commercialisation)

processor means any person who breaks eggs and filters, blends, heat-treats, stabilizes, mixes, cools, freezes and dries eggs; (transformateur)

producer means any person engaged in the production of eggs; (producteur)

provincial quota means the number of dozens of eggs that a producer is entitled, under orders, regulations or policy directives, made by the Commodity Board of a province, to market in intraprovincial trade during the period set out in Schedule 1; (contingent provincial)

special temporary market requirement quota means the number of dozens of eggs that a producer is entitled, under these Regulations, to market to a processor in interprovincial and export trade to satisfy temporary market requirements for eggs during the period set out in Schedule 1.1; (contingent spécial pour les besoins temporaires du marché)

vaccine quota means the number of dozens of eggs that a producer is entitled, under these Regulations, to market to a vaccine manufacturer in interprovincial and export trade during the period set out in Schedule 2. (contingent de vaccin)

^note

Application

3 #

(1)Subject to subsection (2), these Regulations apply to the marketing of eggs in interprovincial and export trade.

(2)These Regulations do not apply to eggs that are placed in an incubator for hatching.

Federal Quota Prohibitions

4 #

(1)No producer shall market eggs in interprovincial or export trade unless

(a)a federal quota, special temporary market requirement quota or vaccine quota has been allotted to the producer, on behalf of the Agency, by the Commodity Board of the province in which the producer’s egg production facilities are located;

(b)the number of eggs marketed does not exceed the federal quota, special temporary market requirement quota or vaccine quota referred to in paragraph (a);

(c)the producer complies with any subsisting rules of the Commodity Board referred to in paragraph (a) that the Commodity Board has been authorized by the Agency, under subsection 22(3) of the Act, to apply, in performing on behalf of the Agency the function of allotting and administering federal quotas, special temporary market requirement quotas and vaccine quotas;

(d)[Repealed, SOR/2024-287, s. 2] (repealed)

(e)[Repealed, SOR/2017-206, s. 2] (repealed)

(e.1)in the case of eggs marketed by the producer under a special temporary market requirement quota,

(i)all such eggs are sold by the producer to a processor at a price not less than the price of eggs of an equivalent variety, class, grade or size sold under the Agency’s Industrial Products Program, and

(ii)all such eggs are sold by the producer to the processor pursuant to a contract that has been approved by the Agency; and

(f)in the case of eggs marketed by a producer under a vaccine quota

(i)all such eggs are sold by the producer to a vaccine manufacturer at a price not less than the price of eggs of an equivalent variety, class, grade or size sold under the Agency’s Industrial Products Program,

(ii)all such eggs are sold by the producer to the vaccine manufacturer under a contract that has been approved by the Agency, and

(iii)the producer holds a seller’s licence and the vaccine manufacturer holds a buyer’s licence issued under the Canadian Egg Licensing Regulations, 1987.

(2)Subsection (1) does not apply to eggs marketed under quota exemptions referred to in subsection 7(2).

Entitlement to a Federal Quota

5 #

(1)Subject to subsection (2), a producer is not entitled to be allotted a federal quota unless, immediately before the coming into force of these Regulations,

(a)the producer had a provincial quota that was allotted to him by the Commodity Board of the province in which the producer’s egg production facilities are located; and

(b)the producer was entitled to a federal quota pursuant to the Canadian Egg Marketing Agency Quota Regulations, C.R.C., c. 656.

(2)After the coming into force of these Regulations, a producer is entitled to be allotted a federal quota if, pursuant to the rules of the Commodity Board of the province in which the producer’s egg production facilities are located, the producer is allotted a provincial quota.

Entitlement to Special Temporary Market Requirement Quota and Vaccine Quota

5.1 #

A producer is entitled to be allotted a special temporary market requirement quota or a vaccine quota if the producer has been allotted, or would be entitled to be allotted, a federal quota under these Regulations.^note

5.2 #

[Repealed, SOR/2017-206, s. 3] (repealed)

Relationship of Federal Quota to Provincial Quota

6 #

Subject to these Regulations, the quantity of eggs that a producer is authorized to market from a province under a federal quota during the period set out in Schedule 1 shall equal the provincial quota allotted to the producer for that period by the Commodity Board of the province minus the quantity of eggs marketed by the producer in intraprovincial trade in that province during the period.^note

Limits

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(1)The Commodity Board of a province shall allot federal quotas to producers of that province in such a manner that, during the period set out in Schedule 1, the aggregate of the number of dozens of eggs referred to in paragraphs (a) to (c) will not exceed the applicable number of dozens of eggs set out in column 2 of that Schedule in respect of that province:

(a)the number of dozens of eggs produced in the province and authorized to be marketed by producers under federal quotas allotted on behalf of the Agency by the Commodity Board of the province;

(b)the number of dozens of eggs produced in the province and authorized to be marketed by producers in intraprovincial trade under provincial quotas allotted by the Commodity Board of the province; and

(c)the number of dozens of eggs produced in the province and anticipated to be marketed by producers under quota exemptions granted by the Commodity Board of the province.

(2)For the purposes of paragraph (1)(c), eggs marketed under quota exemptions include

(a)eggs marketed by a producer whose flock of hens is below the flock size specified by the Commodity Board of the province as the flock size below which the eggs produced therefrom may be marketed under a quota exemption;

(b)hatching eggs authorized by the Commodity Board of the province to be marketed for human consumption; and

(c)eggs marketed by any organization that is granted an exemption by the Commodity Board of the province.

7.1 #

(1)[Repealed, SOR/2024-287, s. 4] (repealed)

(1.1)The Commodity Board of a province shall allot special temporary market requirement quotas to producers of that province in such a manner that, during the period set out in Schedule 1.1, the aggregate of the number of dozens of eggs referred to in paragraphs (a) and (b) will not exceed the applicable number of dozens of eggs set out in column 2 of that Schedule in respect of that province:

(a)the number of dozens of eggs produced in the province and authorized to be marketed by producers under special temporary market requirement quotas allotted on behalf of the Agency by the Commodity Board of the province; and

(b)the number of dozens of eggs produced in the province and authorized to be marketed by producers in intraprovincial trade under quotas equivalent to those referred to in paragraph (a) allotted by the Commodity Board of the province.

(2)The Commodity Board of a province shall allot vaccine quotas to producers of that province in such a manner that, during the period set out in Schedule 2, the aggregate of the number of dozens of eggs referred to in paragraphs (a) and (b) will not exceed the applicable number of dozens of eggs set out in column 2 of that Schedule in respect of that province:

(a)the number of dozens of eggs produced in the province and authorized to be marketed by producers under vaccine quotas allotted on behalf of the Agency by the Commodity Board of the province; and

^note

7.2 #

[Repealed, SOR/2017-206, s. 4] (repealed)

8 and 9 #

[Repealed, SOR/86-411, s. 5] (repealed)

Schedule 1 · (Sections 2 and 6 and subsection 7(1))

Schedule 1.1 · (Section 2 and subsection 7.1(1.1))

Schedule 1.2

Schedule 1.3

Schedule 2 · (Section 2 and subsection 7.1(2))

Amendments not in force

Schedule 2 · (Section 2 and subsection 7.1(2))

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.