Canadian Chicken Marketing Quota Regulations

Contents

Whereas the Governor in Council has, by the Chicken Farmers of Canada Proclamation, established Chicken Farmers of Canada pursuant to subsection 16(1) of the Farm Products Agencies Act;^note^note^noteWhereas Chicken Farmers of Canada has been empowered to implement a marketing plan pursuant to the Chicken Farmers of Canada Proclamation;Whereas the process set out in the Operating Agreement, referred to in subsection 7(1) of the schedule to the Chicken Farmers of Canada Proclamation, for making changes to quota allocation has been followed;^noteWhereas the proposed annexed Canadian Chicken Marketing Quota Regulations are regulations of a class to which paragraph 7(1)(d) of the Farm Products Agencies Act applies by reason of section 2 of the Agencies’ Orders and Regulations Approval Order, and have 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 the Farm Products Agencies Act, the National Farm Products Council is satisfied that the proposed regulations are necessary for the implementation of the marketing plan that Chicken Farmers of Canada is authorized to implement, and has approved the proposed regulations;Therefore, Chicken Farmers of Canada, pursuant to paragraph 22(1)(f) of the Farm Products Agencies Act and subsection 6(1) of the schedule to the Chicken Farmers of Canada Proclamation, hereby makes the annexed Canadian Chicken Marketing Quota Regulations.^noteOttawa, Ontario, December 20, 2001

Interpretation

1 #

The following definitions apply in these Regulations.

Act means the Farm Products Agencies Act. (Loi)

CFC [Repealed, SOR/2015-229, s. 1]

chicken [Repealed, SOR/2015-229, s. 1]

federal market development quota means the number of kilograms of chicken, expressed in live weight, that, during the period referred to in the schedule, a producer is entitled under these Regulations to market in interprovincial or export trade to any holder of a market development licence issued under the Canadian Chicken Licensing Regulations. (contingent fédéral d’expansion du marché)

federal quota means the number of kilograms of chicken, expressed in live weight, not including a federal market development quota or federal specialty chicken quota, that a producer is entitled under these Regulations to market in interprovincial or export trade during the period referred to in the schedule. (contingent fédéral)

federal specialty chicken quota means the number of kilograms of chicken, expressed in live weight, that a producer is entitled under these Regulations to market in interprovincial or export trade, during the period referred to in the schedule, to any holder of a specialty chicken licence. (contingent fédéral de poulet de spécialité)

marketing [Repealed, SOR/2015-229, s. 1]

primary processor means a processor who slaughters chicken that was produced and marketed under a federal market development quota or a federal specialty chicken quota. (transformateur primaire)

producer [Repealed, SOR/2015-229, s. 1]

Provincial Commodity Board [Repealed, SOR/2015-229, s. 1]

provincial market development quota means the number of kilograms of chicken, expressed in live weight, that a producer is entitled, under orders, regulations, policy directives, permits or any other form for making quota allotments made or issued by the Commodity Board of the province in which the producer's registered production facilities are located, to market in intraprovincial trade during the period referred to in the schedule. (contingent provincial d'expansion du marché)

provincial quota means the number of kilograms of chicken, expressed in live weight, not including a provincial market development quota or provincial specialty chicken quota, that a producer is entitled, under any orders, regulations, policy directives, permits or other form for making quota allotments made or issued by the Commodity Board of the province in which the producer’s registered production facilities are located, to market in intraprovincial trade during the period referred to in the schedule. (contingent provincial)

provincial specialty chicken quota means the number of kilograms of chicken, expressed in live weight, that a producer is entitled, under any orders, regulations, policy directives, permits or other form for making quota allotments made or issued by the Commodity Board of the province in which the producer’s registered production facilities are located, to market in intraprovincial trade, during the period referred to in the schedule, to any holder of a specialty chicken licence. (contingent provincial de poulet de spécialité)

registered production facilities means production facilities that are registered under the laws of the province in which they are situated. (installations de production agréées)

specialty chicken licence means a specialty chicken licence that is issued by CFC under the Canadian Chicken Licensing Regulations. (permis de poulet de spécialité)

Application

2 #

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

(2)These Regulations do not apply to the marketing of chicken under quota exemptions authorized by a Commodity Board.

Marketing Prohibitions

3 #

No producer may market chicken in interprovincial or export trade

(a)unless a federal quota, a federal market development quota or a federal specialty chicken quota has been allotted to the producer, on behalf of CFC, by the Commodity Board of the province in which the producer’s registered production facilities are located;

(b)in excess of the federal quota, federal market development quota or federal specialty chicken quota referred to in paragraph (a), taking into account any adjustment made under subsection 6(3) of the schedule to the Chicken Farmers of Canada Proclamation;

(c)unless the chicken is marketed during the period during which chicken produced in the province in which the producer's registered production facilities are located is authorized to be marketed; or

(d)contrary to any rules that the Commodity Board referred to in paragraph (a) has been authorized by CFC, under subsection 22(3) of the Act, to apply in performing, on behalf of CFC, the function of allotting and administering federal quotas, federal market development quotas and federal specialty chicken quotas.

^note

Entitlement to a Federal Quota

4 #

A producer is entitled to be allotted a federal quota if the producer

(a)is allotted a provincial quota under the rules of the Commodity Board of the province in which the producer's registered production facilities are located;

(b)is in compliance with the orders, regulations and rules of the Commodity Board in connection with that provincial quota;

(c)is in compliance with the rules referred to in paragraph 3(d); and

(d)is in compliance with the orders and regulations of CFC.

^note

Relationship of Federal Quota to Provincial Quota

5 #

The quantity of chicken that a producer is authorized to market from a province under a federal quota for the period referred to in the schedule is equal to the quota allotment to the producer for that period by the Commodity Board of the province minus the quantity of chicken marketed by the producer in intraprovincial trade in the province during that period.^note

Entitlement to a Federal Market Development Quota

6 #

A producer is entitled to be allotted a federal market development quota if the producer

(a)is allotted a provincial market development quota or provincial quota under the rules of the Commodity Board of the province in which the producer's registered production facilities are located;

(b)has elected to participate in a market development quota program;

(c)is in compliance with the orders, regulations and rules of the Commodity Board in connection with that program;

(d)has the registered production facilities required to raise the chicken authorized to be marketed; and

(e)is in compliance with the rules referred to in paragraph 3(d).

^note

Marketing Under a Federal Market Development Quota

7 #

If a producer is allotted a federal market development quota, the chicken produced under the quota must be marketed by the producer in accordance with the Canadian Chicken Licensing Regulations during the period referred to in the schedule to a person who holds a valid market development licence issued under those Regulations.

Relationship of Federal and Provincial Market Development Quota

8 #

The number of kilograms of chicken that a producer is authorized to market from a province under a federal market development quota allocation by or on behalf of CFC for the period referred to in the schedule is equal to the provincial market development quota allotted to the producer for that period by the Commodity Board of the province minus the number of kilograms of chicken marketed by the producer under the conditions of the provincial market development quota in intraprovincial trade in that province during the period.^note

Entitlement to a Federal Specialty Chicken Quota

8.1 #

A producer is entitled to be allotted a federal specialty chicken quota if the producer

(a)is allotted a federal quota, on behalf of CFC, by the Commodity Board of the province in which the producer’s registered production facilities are located;

(b)is allotted a provincial specialty chicken quota or provincial quota under the rules of the Commodity Board of the province in which the producer’s registered production facilities are located;

(c)has elected to participate in a specialty chicken quota program;

(d)is in compliance with the orders, regulations and rules of the Commodity Board in connection with that program;

(e)has the registered production facilities that are required to raise the chicken authorized to be marketed;

(f)is in compliance with the rules referred to in paragraph 3(d); and

(g)has made arrangements with a primary processor to process the volumes of specialty chicken requested or has the processing facilities that are required to process the chicken authorized to be marketed.

^note

Marketing Under a Federal Specialty Chicken Quota

8.2 #

If a producer is allotted a federal specialty chicken quota, the chicken produced under the quota must be marketed by the producer in accordance with the Canadian Chicken Licensing Regulations to a person who holds a valid specialty chicken licence.^note

Relationship of Federal and Provincial Specialty Chicken Quota

8.3 #

The number of kilograms of chicken that a producer is authorized to market from a province under a federal specialty chicken quota allocation by or on behalf of CFC for the period referred to in the schedule is equal to the provincial specialty chicken quota allotted to the producer for that period by the Commodity Board of the province minus the number of kilograms of chicken marketed by the producer under the conditions of the provincial specialty chicken quota in intraprovincial trade in that province during the period.^note

Limits

9 #

The Commodity Board of a province must allot federal quotas to producers in the province in such manner that the aggregate of the following numbers of kilograms of chicken that is produced in the province, and authorized to be marketed, during the period referred to in the schedule will not exceed the applicable number of kilograms of chicken set out in column 2 of the schedule in respect of the province for that period:

(a)the number of kilograms of chicken authorized to be marketed by producers in interprovincial or export trade under federal quotas allotted on behalf of CFC by the Commodity Board;

(b)the number of kilograms of chicken authorized to be marketed by producers in intraprovincial trade under provincial quotas allotted by the Commodity Board; and

(c)the number of kilograms of chicken anticipated to be marketed by producers under quota exemptions authorized by the Commodity Board.

^note

10 #

The Commodity Board of a province must allot federal market development quotas to producers in the province in such manner that the aggregate of the following numbers of kilograms of chicken, expressed in live weight, that is produced in the province, and authorized to be marketed, during the period referred to in the schedule will not exceed the number of kilograms, expressed in live weight, set out in column 3 of the schedule in respect of the province for that period:

(a)the number of kilograms of chicken authorized to be marketed by producers in interprovincial or export trade under federal market development quotas allotted on behalf of CFC by the Commodity Board; and

(b)the number of kilograms of chicken authorized to be marketed by producers in intraprovincial trade under provincial market development quotas allotted by the Commodity Board.

^note

10.1 #

The Commodity Board of a province must allot federal specialty chicken quotas to producers in the province in such a manner that the aggregate of the following numbers of kilograms of chicken, expressed in live weight, that is produced in the province and authorized to be marketed, during the period referred to in the schedule, will not exceed the number of kilograms, expressed in live weight, set out in column 4 of the schedule in respect of the province for that period:

(a)the number of kilograms of chicken authorized to be marketed by producers in interprovincial or export trade under federal specialty chicken quotas allotted on behalf of CFC by the Commodity Board; and

(b)the number of kilograms of chicken authorized to be marketed by producers in intraprovincial trade under provincial specialty chicken quotas allotted by the Commodity Board.

^note

Repeal

11 #

[Repeal]

Coming into Force

12 #

These Regulations come into force on the day on which they are registered.

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