Canadian Pork Promotion-Research Levies Order

Contents

Whereas the Governor in Council has, by the Canadian Pork Promotion-Research Agency Proclamation, established the Canadian Pork Promotion-Research Agency pursuant to subsection 39(1) of the Farm Products Agencies Act;Whereas that Agency has been empowered to implement a promotion and research plan pursuant to that Proclamation;Whereas the proposed Canadian Pork Promotion-Research 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 42(1)(d) of that Act;And whereas, pursuant to paragraph 7(1)(d) of that Act, the National Farm Products Council has approved the proposed Order after being satisfied that it is necessary for the implementation of the promotion and research plan that that Agency is authorized to implement;Therefore, the Canadian Pork Promotion-Research Agency, pursuant to paragraphs 42(1)(d) and (e) of the Farm Products Agencies Act and section 9 of the schedule to the Canadian Pork Promotion-Research Agency Proclamation, makes the annexed Canadian Pork Promotion-Research Levies Order.Ottawa, October 8, 2021^note^note^note^note^note

Interpretation

1Definitions#

The following definitions apply in this Order.

dealer means a person who acts as an agent in the buying or selling of hogs. (négociant)

imported hog means a hog that is imported into Canada and classified under one of the Customs Tariff tariff item numbers set out in Schedule 1.1. (porc importé)

imported pork product means a pork product that is imported into Canada and classified under one or more of the Customs Tariff tariff item numbers set out in Schedule 2. (produit du porc importé)

importer means any person who imports hogs or pork products into Canada. (importateur)

processor means a person who processes hogs. (transformateur)

producer means a person who produces hogs. (producteur)

purchaser means a person who purchases hogs and includes a producer, a dealer and a processor. (acheteur)

seller means a person who sells hogs and include a dealer and a producer. (vendeur)

2Definition of collector#

(1)Subject to subsection (2), in this Order, collector means

(a)in Ontario, the Ontario Pork Producers’ Marketing Board;

(b)in Quebec,Les Éleveurs de porcs du Québec;

(c)in Nova Scotia, Pork Nova Scotia;

(d)in New Brunswick, Porc NB Pork;

(e)in Manitoba, the Manitoba Pork Council;

(f)in British Columbia, the British Columbia Hog Marketing Commission;

(g)in Prince Edward Island, the Prince Edward Island Hog Commodity Marketing Board;

(h)in Saskatchewan, the Saskatchewan Pork Development Board; and

(i)in Alberta, the Alberta Pork Producers’ Development Corporation.

(2)If the Agency appoints a person under subsection 9(5) of the schedule to the Canadian Pork Promotion-Research Agency Proclamation, other than a collector referred to in subsection (1), to collect on the Agency’s behalf the levies and statements imposed by this Order for a province, that person is, for the purposes of this Order, one of the collectors for that province.

3Dealer#

If more than one dealer is involved in the purchase or sale of hogs, the reference to “purchaser” is to the dealer who first receives payment of the purchase price.

Interprovincial Trade

4Levy amount — seller#

(2)A seller who sells hogs in interprovincial trade that are produced in Quebec must pay to the Agency, for each hog sold, a levy in the amount of $1.274 per hundred kilogram dressed weight.

(3)A producer who produces hogs in a province set out in column 1 of the table to subsection (1), but processes them in another province, must pay to the Agency, for each hog processed, a levy in the amount set out in column 2 for the province in which the hog was produced.

(4)A producer who produces hogs in Quebec, but processes them in another province, must pay to the Agency, for each hog processed, a levy of $1.274 per hundred kilogram dressed weight.

5Payment of levies — collector#

(1)All levies referred to in section 4 must be paid or remitted, as the case may be, to the Agency through a collector in the province where the hogs were produced.

(2)All statements referred to in section 8 and subsection 10(4) must be submitted to the Agency through a collector for the province where the hogs were produced.

6Deduction of levy by purchaser#

(1)The purchaser must deduct from the purchase price the levy payable under subsection 4(1) or (2), as the case may be, and remit it to the Agency on behalf of the seller.

(2)The processor must pay the levy payable under subsection 4(3) or (4) as the case may be, to the Agency on behalf of the producer.

7Document — purchaser#

(1)At the time of the sale, the purchaser referred to in subsection 6(1), must provide the seller with a document setting out the purchase price and the amount of the levy deducted.

(2)At the time the hogs are processed, the processor referred to in subsection 6(2), must provide the producer with a document setting out the amount of the levy payable.

8Time limit and information#

The purchaser or the processor referred to in subsection 6(1) or (2) respectively, must remit or pay, as the case may be, the levy to the Agency within the period established by the laws of the collector’s province for remitting levies payable on the sale or processing of hogs in that province, together with a statement that sets out:

(a)the name, mailing address, telephone number and, if available, email address of the purchaser or processor, as the case may be;

(b)in the case of hogs produced in a province set out in column 1 of the table to subsection 4(1),

(i)the number of hogs purchased or processed, as the case may be, and

(ii)the amount of the levies remitted or paid, as the case may be;

(c)in the case of hogs produced in Quebec,

(i)the total number of kilograms purchased or processed, as the case may be, and

(ii)the amount of the levies remitted or paid, as the case may be; and

(d)the name, mailing address, telephone number and, if available, email address of

(i)the seller, if a levy was deducted from the purchase price under subsection 6(1), or

(ii)the producer, if a levy was paid under subsection 6(2).

9Records#

Every person referred to in sections 4 and 6 must

(a)keep all records relating to the sale or processing of hogs, including the records necessary to verify any of the statements provided under section 8 and the amounts of levies paid, for a period of seven years after the day on which the hogs were sold or processed; and

(b)at the request of the Agency, make those records available for examination by the Agency or the collector for the province in which the hogs were produced.

10Proof#

(1)At the request of the Agency, every person referred to in section 4 or 6 must prove that a levy payable under this Order has been

(a)deducted and remitted under subsection 6(1); or

(b)paid under subsection 6(2).

(2)If a purchaser does not deduct the levy as required by subsection 6(1), the seller must pay the levy payable in respect of the sale to the Agency.

(3)If a processor does not pay the levy as required by subsection 6(2), the producer must pay the levy payable in respect of the processed hogs to the Agency.

(4)When paying the levy in accordance with subsection (2) or (3), the seller or the producer, as the case may be, must provide a statement to the Agency that sets out:

(a)the name, mailing address, telephone number and, if available, email address of the seller or producer, as the case may be;

(b)in the case of hogs produced in a province set out in column 1 of the table to subsection 4(1),

(i)the number of hogs purchased or processed, as the case may be, and

(ii)the amount of the levies paid; and

(c)in the case of hogs produced in Quebec,

(i)the total number of kilograms purchased or processed, as the case may be, and

(ii)the amount of the levies paid.

11Liability — purchaser and seller#

(1)If the purchaser does not deduct the levy in accordance with subsection 6(1) and the seller does not pay the levy in accordance with subsection 10(2), the purchaser and the seller are jointly and severally, or solidarily liable for the levy that is payable to the Agency.

(2)If the processor does not pay the levy in accordance with subsection 6(2) and the producer does not pay the levy in accordance with subsection 10(3), the producer and the processor are jointly and severally, or solidarily liable for the levy payable to the Agency.

Import

12Levy — importer#

Each importer must pay to the Agency, for each imported hog or imported pork product, a levy in the amount set out in Schedule 1.^note

13Method of payment and time limit#

(1)A levy referred to under section 12 must be paid to the Agency by negotiable instrument in Canadian dollars or its equivalent in United States dollars within 21 days after the date indicated on the invoice sent by the Agency.

(2)An invoice referred to in subsection (1) must include:

(a)the importer’s name and mailing address;

(b)the number of imported hogs, if applicable, broken down by the applicable Customs Tariff tariff item number, as set out in Schedule 1.1;

(c)the number of kilograms of imported pork products, if applicable, broken down by the applicable Customs Tariff tariff item number, as set out in Schedule 2; and

(d)the amount of the levy to be paid to the Agency.

^note

14Records#

Every importer must

(a)keep all records relating to the import — including the records necessary to verify the information on the invoices sent by the Agency and the amounts of levies paid — for a period of seven years after the day on which the hogs or pork products were imported; and

(b)make those records available for examination by the Agency on request.

Review and Cessation of Effect

15Review of Order#

The Agency must review this Order at the time that it carries out the review of the promotion–research plan required under subsection 11(1) of the schedule to the Canadian Pork Promotion-Research Agency Proclamation.

16Cessation of effect#

Sections 4 and 12 cease to have effect on June 30, 2027.^note

Coming into Force

17Registration#

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

Schedule 1 · (Section 12)

Column 1 | Column 2Item | Levy ($)Imported hog | 0.80 per hogImported pork product | The amount determined by the formulaA × BwhereAis the tariff, expressed in cents per kilogram, set out in column 4 of Schedule 2 for the Customs Tariff tariff item number and class of imported pork product under the Customs Tariff set out respectively in columns 1 and 2 of Schedule 2; andBis the weight, expressed in kilograms, of that imported pork product.

Schedule 1.1 · (Section 1 and paragraph 13(2)(b))

Schedule 2 · (Section 1, paragraph 13(2)(c) and Schedule 1)

Column 1 | Column 2 | Column 3 | Column 4Customs Tariff Tariff Item No. | Class of imported pork product under Customs Tariff | Levy (cents) | Levy (cents)02.03 | Meat of swine, fresh, chilled or frozen | | | Fresh or chilled: | | 0203.11.0000 | Carcasses and half-carcasses | 0.40/lb | 0.87/kg0203.12.0000 | Hams, shoulders and cuts thereof, with bone in | 0.40/lb | 0.87/kg0203.19.0010 | Other: Spare ribs | 0.40/lb | 0.87/kg0203.19.0020 | Other: Back ribs | 0.40/lb | 0.87/kg0203.19.0091 | Other: Processed | 0.44/lb | 0.97/kg0203.19.0099 | Other: Other | 0.50/lb | 1.11/kg | Frozen: | | 0203.21.0000 | Carcasses and half-carcasses | 0.40/lb | 0.87/kg0203.22.0000 | Hams, shoulders and cuts thereof, with bone in | 0.40/lb | 0.87/kg0203.29.0010 | Other: Spare ribs | 0.40/lb | 0.87/kg0203.29.0020 | Other: Back ribs | 0.40/lb | 0.87/kg0203.29.0090 | Other: Other | 0.50/lb | 1.11/kg02.06 | Edible offal of bovine animals, swine, sheep, goats, horses, asses, mules or hinnies, fresh, chilled or frozen | | | Of swine | | 0206.30.0000 | Fresh or chilled | 0.36/lb | 0.79/kg0206.41.0000 | Frozen: Livers | 0.36/lb | 0.79/kg0206.49.0000 | Frozen: Other | 0.40/lb | 0.87/kg02.09 | Pig fat, free of lean meat and poultry fat not rendered or otherwise extracted, fresh, chilled, frozen, salted, in brine, dried or smoked | | 0209.10.0000 | Of pigs | 0.36/lb | 0.79/kg02.10 | Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and meals of meat or meat offal | | | Meat of swine | | 0210.11.0000 | Hams, shoulders and cuts thereof, with bone in | 0.40/lb | 0.87/kg0210.12.0000 | Bellies (streaky) and cuts thereof | 0.40/lb | 0.87/kg0210.19.0000 | Other | 0.40/lb | 0.87/kg0504.00.00 | Guts, bladders and stomachs of animals (other than fish), whole and pieces thereof, fresh, chilled, frozen, salted, in brine, dried or smoked | | 0504.00.0012 | Sausage casings: Of hog | 0.36/lb | 0.79/kg15.01 | Pig fat (including lard) and poultry fat, other than that of heading 02.09 or 15.03 | | 1501.10.0000 | Lard | 0.36/lb | 0.79/kg1501.20.0000 | Other pig fat | 0.36/lb | 0.79/kg1601.00 | Sausages and similar products, of meat, meat offal or blood; food preparations based on these products | | 1601.00.9010 | Other: Pork sausages | 0.30/lb | 0.67/kg16.02 | Other prepared or preserved meat, meat offal or blood | | | Of swine | | 1602.41.1000 | Hams and cuts thereof: In cans or glass jars | 0.50/lb | 1.11/kg1602.41.9000 | Hams and cuts thereof: Other | 0.50/lb | 1.11/kg1602.42.1000 | Shoulders and cuts thereof: In cans or glass jars | 0.50/lb | 1.11/kg1602.42.9000 | Shoulders and cuts thereof: Other | 0.50/lb | 1.11/kg1602.49.1010 | Other, including mixtures: In cans or glass jars | 0.18/lb | 0.40/kg1602.49.1020 | Other, including mixtures: Prepared meals | 0.18/lb | 0.40/kg1602.49.9000 | Other, including mixtures: Other | 0.18/lb | 0.40/kg

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