Canadian Broiler Hatching Egg Marketing Levies Order

Contents

Whereas the Governor in Council has, by the Canadian Broiler Hatching Egg Marketing Agency Proclamation, established the Canadian Broiler Hatching Egg Marketing Agency pursuant to subsection 16(1) of the Farm Products Agencies Act;^note^note^noteWhereas the Canadian Broiler Hatching Egg Marketing Agency has been empowered to implement a marketing plan pursuant to the Canadian Broiler Hatching Egg Marketing Agency Proclamation;Whereas the proposed annexed Canadian Broiler Hatching Egg Marketing Levies Order is an order of a class to which paragraph 7(1)(d) of that Act applies by reason of section 2 of the Agencies’ Orders and Regulations Approval Order and has been submitted to the National Farm Products Council pursuant to paragraph 22(1)(f) of that Act;^note^noteAnd whereas, pursuant to paragraph 7(1)(d) of that Act, the National Farm Products Council is satisfied that the proposed Order is necessary for the implementation of the marketing plan that the Canadian Broiler Hatching Egg Marketing Agency is authorized to implement, and has approved the proposed Order;Therefore, the Canadian Broiler Hatching Egg Marketing Agency, pursuant to paragraph 22(1)(f) of the Farm Products Agencies Act and section 8 of the schedule to the Canadian Broiler Hatching Egg Marketing Agency Proclamation, hereby makes the annexed Canadian Broiler Hatching Egg Marketing Levies Order.Ottawa, Ontario, March 2, 2000

Interpretation

1 #

(1)The definitions in this section apply in this Order.

Agency [Repealed, SOR/2013-253, s. 1]

broiler hatching egg [Repealed, SOR/2013-253, s. 1]

chick [Repealed, SOR/2013-253, s. 1]

Commodity Board [Repealed, SOR/2013-253, s. 1]

dealer means a person, other than a producer or hatchery operator, that is engaged in the marketing of broiler hatching eggs in interprovincial or export trade. (négociant)

export quota means the number of broiler hatching eggs that a producer in a signatory province is entitled, under the Canadian Hatching Egg Producers Quota Regulations, to market in export trade during the period specified in the schedule to those Regulations. (contingent d’exportation)

hatchery operator means a person who operates premises equipped with one or more incubators used for the incubation of broiler hatching eggs. (couvoirier)

interprovincial quota means the number of broiler hatching eggs that a producer in a signatory province is entitled, under the Canadian Hatching Egg Producers Quota Regulations, to market in interprovincial trade during the period set out in the schedule to those Regulations. (contingent interprovincial)

marketing [Repealed, SOR/2013-253, s. 1]

non-signatory provinces [Repealed, SOR/2013-253, s. 1]

orderly marketing quota means the number of broiler hatching eggs that a producer, dealer or hatchery operator in a non-signatory province is authorised, under the Canadian Broiler Hatching Egg and Chick Orderly Marketing Regulations, to market in interprovincial trade into a signatory province. (contingent de commercialisation)

producer [Repealed, SOR/2013-253, s. 1]

signatory provinces [Repealed, SOR/2013-253, s. 1]

(2)[Repealed, SOR/2015-242, s. 1] (repealed)

Levies

2 #

(1)A levy is hereby imposed on a producer in a signatory province, per broiler hatching egg produced in the province and marketed by the producer in interprovincial or export trade, as follows:

(a)in the Province of Ontario, $0.008400;

(b)in the Province of Quebec, $0.012450;

(c)in the Province of Manitoba, $0.016190;

(d)in the Province of British Columbia, $0.020600;

(e)in the Province of Saskatchewan, $0.033800; and

(f)in the Province of Alberta, $0.021400.

(2)A levy is imposed on a producer, dealer or hatchery operator in a non-signatory province of $0.018807 per broiler hatching egg produced in any non-signatory province and marketed by that producer, dealer or hatchery operator in interprovincial trade into a signatory province.

(3)Subsections (1) and (2) cease to have effect on June 23, 2027.

Additional Charges

3 #

(1)An additional charge is hereby imposed on a producer in any signatory province of $0.175 per broiler hatching egg produced in that province and marketed by that producer in interprovincial or export trade in excess of that producer’s interprovincial quota or export quota.

(2)An additional charge is hereby imposed on a producer, dealer or hatchery operator in a non-signatory province of $0.175 per broiler hatching egg produced in any non-signatory province and marketed by that producer, dealer or hatchery operator in interprovincial trade into a signatory province in excess of their orderly marketing quota or authorization under subsection 3(3) of the Canadian Broiler Hatching Egg and Chick Orderly Marketing Regulations.

(3)Subsections (1) and (2) apply in addition to any measures or sanctions imposed under the Farm Products Agencies Act or any order or regulation of the Agency.

Collection

4 #

The Agency hereby appoints the Commodity Board of each signatory province to collect on behalf of the Agency the levy imposed by subsection 2(1) and the additional charges imposed by subsection 3(1) on producers in that province.

5 #

(1)If a producer in a signatory province markets broiler hatching eggs in interprovincial trade to a dealer or hatchery operator, the dealer or hatchery operator shall

(a)collect the levies imposed on the producer by subsection 2(1) by deducting the amount of the levies from the money payable by the dealer or hatchery operator to the producer; and

(b)remit the levies to the Commodity Board of that province not later than 15 days after the end of the month in which the broiler hatching eggs are marketed.

(2)Where the levies imposed on a producer in a signatory province by subsection 2(1) are not collected and remitted in accordance with subsection (1), the producer shall remit the levy to the Commodity Board of that province not later than 15 days after the end of the month in which the broiler hatching eggs are marketed.

6 #

A producer in a signatory province shall remit to the Commodity Board of that province the additional charges imposed on the producer by subsection 3(1) not later than seven days after the broiler hatching eggs are marketed.

7 #

A producer, dealer or hatchery operator in a non-signatory province shall remit to the Agency the levies imposed by subsection 2(2) and the additional charges imposed by subsection 3(2) on the producer, dealer or hatchery operator not later than seven days after the broiler hatching eggs are marketed.

Statement

8 #

When a producer, dealer or hatchery operator remits levies or additional charges to the Agency or to a Commodity Board under any of sections 5 to 7, the producer, dealer or hatchery operator shall complete, certify and forward to the Agency or the Commodity Board, as a statement that sets out the following information:

(a)the name and address of the producer, dealer or hatchery operator on whom the levies or additional charges were imposed;

(b)the number of broiler hatching eggs marketed by the producer, dealer or hatchery operator;

(c)the amount of levies or additional charges remitted; and

(d)any other information that relates to the levies or additional charges that the Agency or the Commodity Board may direct.

Commodity Board

9 #

A Commodity Board shall send to the Agency a copy of the statement required by section 8 and all the levies and additional charges received by the Commodity Board during a week, not later than the Wednesday of the following week.

Coming into Force

10 #

This Order comes into force on the day on which it is registered.

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