Canadian Turkey Marketing Quota Regulations, 1990

Contents

Whereas the Governor in Council has, by the Canadian Turkey Marketing Agency Proclamation, C.R.C., c. 647, established the Canadian Turkey Marketing Agency pursuant to subsection 16(1) of the Farm Products Marketing Agencies Act;Whereas the Canadian Turkey Marketing Agency has been empowered to implement a marketing plan pursuant to the Canadian Turkey Marketing Agency Proclamation;Whereas, pursuant to subsection 22(3) of the said Act, the Canadian Turkey Marketing Agency has granted authority to provincial Commodity Boards to perform, on behalf of the Agency, the function of allotting and administering quotas for the marketing of turkey in interprovincial or export trade, and the Governor in Council has approved that grant of authority by Order in Council P.C. 1990-248 of February 15, 1990;Whereas the proposed Regulations respecting the establishment of a quota system by which quotas are assigned by provincial Commodity Boards to turkey producers for the marketing of turkey in interprovincial and export trade, annexed hereto, are regulations 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 have been submitted to the National Farm Products Marketing Council pursuant to paragraph 22(1)(f) of the said Act;Whereas the National Farm Products Marketing Council is satisfied, pursuant to paragraph 7(1)(d) of the said Act, that the proposed Regulations are necessary for the implementation of the marketing plan that the Canadian Turkey Marketing Agency is authorized to implement, and has approved the proposed Regulations on March 28, 1990;And Whereas the Canadian Turkey Marketing Agency has taken into account the factors set out in paragraphs 4(1)(c) to (h) of Part II of the schedule to the Canadian Turkey Marketing Agency Proclamation, C.R.C., c. 647, and is satisfied, pursuant to subsection 4(2) of that Part, that the size of the market for turkeys has changed significantly in relation to the total production of Canada over a period of five years immediately preceding the effective date of the marketing plan;Therefore, the Canadian Turkey Marketing Agency, pursuant to paragraph 22(1)(f) of the Farm Products Marketing Agencies Act and section 2 of Part II of the schedule to the Canadian Turkey Marketing Agency Proclamation, C.R.C., c. 647, hereby revokes the Canadian Turkey Marketing Quota Regulations, C.R.C., c. 661, and makes the annexed Regulations respecting the establishment of a quota system by which quotas are assigned by provincial Commodity Boards to turkey producers for the marketing of turkey in interprovincial and export trade, in substitution therefor, effective May 2, 1990.London, Ontario, April 12, 1990^note

Short Title

1 #

These Regulations may be cited as the Canadian Turkey Marketing Quota Regulations, 1990.

Interpretation

2 #

In these Regulations,

Agency means the Canadian Turkey Marketing Agency; (Office)

assign, in respect of a quota, includes its transfer, increase, decrease or re-assignment; (attribuer)

breeder allotment means the quantity of breeder turkey that a producer is authorized by a Commodity Board to market in interprovincial or export trade during a control period less any quantity of breeder turkey that the producer markets in intraprovincial trade during the control period; (allocation de dindon de reproduction)

breeder turkey means a female turkey that has produced an egg or a male turkey that has produced semen; (dindon de reproduction)

broiler allotment means the quantity of broiler turkey that a producer is authorized by a Commodity Board to market in interprovincial or export trade during a control period less any quantity of broiler turkey that the producer markets in intraprovincial trade during the control period; (allocation de dindon à griller)

broiler turkey means a turkey not exceeding 13.6 pounds live weight that has not produced an egg or semen; (dindon à griller)

Commodity Board means, in the Province of

(a)Ontario, The Ontario Turkey Producers’ Marketing Board,

(b)Quebec, the Fédération des producteurs de volailles du Québec,

(c)Nova Scotia, the Nova Scotia Turkey Marketing Board,

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

(e)Manitoba, The Manitoba Turkey Producers’ Marketing Board,

(f)British Columbia, the British Columbia Turkey Marketing Board,

(g)Alberta, the Alberta Turkey Growers’ Marketing Board,

(h)Saskatchewan, the Saskatchewan Turkey Producers’ Marketing Board; (Office de commercialisation)

control period means the period set out in the heading of the schedule; (période réglementée)

federal quota means the quantity of turkey that a producer is authorized by a Commodity Board, pursuant to the grant of authority approved by Order in Council P.C. 1990-248 of February 15, 1990, to market in interprovincial or export trade during a control period less any quantity of turkey that the producer markets in intraprovincial trade during the control period; (contingent fédéral)

hen allotment means the quantity of hen turkey that a producer is authorized by a Commodity Board to market in interprovincial or export trade during a control period less any quantity of hen turkey that the producer markets in intraprovincial trade during the control period; (allocation de dindon femelle)

hen turkey means a turkey exceeding 13.6 pounds live weight but not exceeding 21.6 pounds live weight that has not produced an egg or semen; (dindon femelle)

marketing, in relation to turkey, means selling, offering for sale and buying, pricing, assembling, packing, processing, transporting, storing and reselling, whether in whole or in processed form, and includes marketing by or on behalf of a producer; (commercialisation)

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

provincial quota means the quantity of turkey that a producer is authorized by a Commodity Board to market in intraprovincial trade during a control period less any quantity of turkey that the producer markets in interprovincial or export trade during the control period; (contingent provincial)

tom allotment means the quantity of tom turkey that a producer is authorized by a Commodity Board to market in interprovincial or export trade during a control period less any quantity of tom turkey that the producer markets in intraprovincial trade during the control period; (allocation de dindon mâle)

tom turkey means a turkey exceeding 21.6 pounds live weight that has not produced an egg or semen; (dindon mâle)

turkey means any turkey, male or female, live or slaughtered, of any size, and includes any part of any turkey. (dindon)

^note

Application

3 #

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

(2)These Regulations do not apply to the marketing of turkey poults that are less than 10 days old.

Marketing Prohibitions

4 #

(1)No producer in a province shall market turkey in interprovincial or export trade unless a federal quota has been assigned to that producer by the Commodity Board of that province.

(2)No producer in a province shall market turkey in interprovincial or export trade during a control period in excess of the federal quota assigned to that producer by the Commodity Board of that province in respect of that control period.

(3)No producer shall market turkey in interprovincial or export trade

(a)during a control period in excess of any breeder, broiler, hen or tom allotment assigned to that producer in respect of that control period; or

(b)during a portion of a control period in excess of any periodic breeder, broiler, hen or tom allotment assigned to that producer in respect of that portion of the control period.

Quotas

5 #

(1)Subject to subsections (2) to (4), the Commodity Board of a province shall assign federal quotas to producers in that province on the same terms and conditions and in the same manner as the Commodity Board assigns provincial quotas.

(2)The Commodity Board of a province shall assign federal quotas to producers in that province in respect of a control period in such a manner that the number of pounds of turkey produced in that province and authorized by the Commodity Board to be marketed in interprovincial and export trade or in intraprovincial trade during that control period and the number of pounds of turkey produced in the province and anticipated to be marketed during the same control period other than as authorized by the Commodity Board do not exceed the number of pounds of turkey set out in the schedule for that province.

(3)Where, in respect of a control period, the Commodity Board of a province assigns a federal quota to a person in that province who previously had not been assigned a federal quota or increases a federal quota, the Commodity Board shall do so in such a manner that the number of pounds of turkey produced in that province and authorized by the Commodity Board to be marketed in interprovincial and export trade or in intraprovincial trade during that control period and the number of pounds of turkey produced in the province and anticipated to be marketed during the same control period other than as authorized by the Commodity Board do not exceed the number of pounds of turkey set out in the schedule for that province.

(4)In respect of the control period beginning on May 1, 1990 and ending on April 30, 1991, the Commodity Board of a province shall assign a federal quota to each producer in that province who on May 1, 1990 was entitled to a quota allotted by the Agency pursuant to the Canadian Turkey Marketing Quota Regulations, and the federal quota assigned to the producer shall, on May 2, 1990, be equal to the quota to which the producer was entitled as of May 1, 1990.

Allotments

6 #

A Commodity Board shall assign one or more of a breeder allotment, a broiler allotment, a hen allotment and a tom allotment to each producer to whom a federal quota is assigned by the Commodity Board in such a manner that the total of the breeder, broiler, hen or tom allotments assigned to the producer is equal to the federal quota assigned to the producer.

Periodic Allotments

7 #

(1)Where the Agency has determined that breeder, broiler, hen and tom allotments should be assigned in respect of periods that are a portion of a control period and has determined those periods, a Commodity Board shall assign periodic allotments in respect of those periods.

(2)A Commodity Board shall assign periodic allotments in such a manner that the total of a producer’s periodic allotments in respect of a control period do not exceed that producer’s federal quota in respect of that control period.

(3)A Commodity Board shall forthwith notify a producer of any periodic allotments assigned to the producer by the Commodity Board.

Overmarketing

8 #

(1)Where a producer markets turkey in excess of the producer’s breeder, broiler, hen or tom allotment in respect of a control period, the Commodity Board may reduce the producer’s breeder, broiler, hen or tom allotment, as the case may be, in respect of the subsequent control period by a quantity of turkey equal to that excess.

(2)Where a producer markets turkey in excess of the producer’s periodic breeder, broiler, hen or tom allotment in respect of a period that is a portion of a control period, the Commodity Board may reduce the producer’s periodic breeder, broiler, hen or tom allotment, as the case may be, in respect of the subsequent period by a quantity of turkey equal to that excess.

Information

9 #

A Commodity Board shall provide the Agency with such information concerning federal quotas and allotments as the Agency may, from time to time, request.

(Section 2 and subsections 5(2) and (3))

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