Chicken Farmers of Canada Delegation of Authority Order

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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^noteAnd whereas Chicken Farmers of Canada has been empowered to implement a marketing plan pursuant to that Proclamation;Therefore, Chicken Farmers of Canada, pursuant to subsection 22(3) of the Farm Products Agencies Act and section 9 of the Chicken Farmers of Canada Proclamation, hereby makes the annexed Chicken Farmers of Canada Delegation of Authority Order.^note^noteHer Excellency the Governor General in Council, on the recommendation of the Minister of Agriculture and Agri-Food, pursuant to subsection 22(3) of the Farm Products Agencies Act, hereby approves the annexed Chicken Farmers of Canada Delegation of Authority Order, made by Chicken Farmers of Canada on March 27, 2003.

Interpretation

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In this Order, the expressions CFC, chicken, federal market development quota, federal quota, marketing, producer, Provincial Commodity Board, provincial market development quota, provincial quota and registered production facilities have the same meaning as in section 1 of the Canadian Chicken Marketing Quota Regulations.

Authority to Allot and Administer Federal Quotas and Federal Market Development Quotas

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(1)Subject to subsection (2), CFC grants authority to each Provincial Commodity Board to perform on its behalf the function of allotting and administering, in accordance with the Canadian Chicken Marketing Quota Regulations, federal quotas and federal market development quotas in the province and, for the purpose of performing that function, to exercise on behalf of CFC the powers that it would be entitled to exercise in the performance of that function.

(2)The authority granted to each Provincial Commodity Board under subsection (1) does not include the authority to allot

(a)the quotas referred to in subsection (1) to producers who are not in good standing with CFC; or

(b)federal market development quotas to producers to authorize the marketing of chicken to primary processors who do not hold a valid market development licence that has been issued by CFC under the Canadian Chicken Licensing Regulations and is in effect.

3 #

In performing the function referred to in section 2, a Provincial Commodity Board shall also apply the orders, regulations and rules of the province, if any, in respect of the allotment and administration of provincial quotas and provincial market development quotas, to the extent that they are not inconsistent with the Canadian Chicken Marketing Quota Regulations, in relation to the following matters:

(a)in the case of federal quotas, quota banks; and

(b)in the case of federal quotas and federal market development quotas,

(i)the entitlement to a quota,

(ii)the basis on which the amount of a quota is determined,

(iii)an increase in or a reduction of a quota,

(iv)the allotment of quotas to producers,

(v)the period during which a quota is valid,

(vi)the maximum and minimum quota sizes,

(vii)the determination of who is a producer and who are the producer’s partners, affiliates, associates and subsidiaries,

(viii)the cancellation, suspension or variation of quotas for breach of the orders, regulations and rules in relation to quotas or for non-payment of levies imposed by the Provincial Commodity Board or CFC,

(ix)the reduction or loss of a quota for failure to utilize the quota,

(x)the ownership, leasing and transfer of quotas,

(xi)the determination of what constitutes registered production facilities and the application of the determination to and its effect on quotas,

(xii)the utilization of quotas,

(xiii)the marketing arrangements with processors, and

(xiv)the information, documents and reports to be submitted by producers.

Authority to Receive Information from Market Development Licensees

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(1)CFC grants authority to each Provincial Commodity Board to receive on its behalf from market development licensees the information, documents and reports required by subsection 5(3) of the Canadian Chicken Licensing Regulations.

(2)A Provincial Commodity Board must forward all information, documents and reports referred to in subsection (1) to CFC.

Revocation

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The Canadian Chicken Marketing Agency Quota Grant of Administrative Authority, approved by Order in Council P.C. 1991-1090 of June 13, 1991, is revoked.

Coming into Force

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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.