Interpretation

1 The following definitions apply in these Regulations.

affiliated body

affiliated body of a body corporate means another body corporate that is affiliated with it in the sense that

• (a) one of the bodies corporate is the subsidiary of the other;

• (b) both of the bodies corporate are subsidiaries of the same body corporate; or

• (c) each of the bodies corporate is controlled by the same person. (personne morale affiliée)

associate

associate, when used to indicate a relationship with any person, means

• (a) a body corporate of which that person beneficially owns or controls, directly or indirectly, shares or securities currently convertible into shares carrying voting rights under all circumstances or by reason of the occurrence of an event that has occurred and is continuing, or a currently exercisable option or right to purchase such shares or such convertible securities;

• (b) a partner of that person acting on behalf of the partnership of which they are partners;

• (c) a trust or estate in which that person has a beneficial interest or in respect of which that person serves as a trustee or in a similar capacity;

• (d) a spouse of that person or an individual who is cohabiting with that person in a conjugal relationship, having so cohabited for a period of at least one year;

• (e) a child of that person or of the spouse or individual referred to in paragraph (d); and

• (f) a relative of that person or of the spouse or individual referred to in paragraph (d), if that relative has the same residence as that person. (lien)

CFC

CFC means Chicken Farmers of Canada. (PPC)

chicken

chicken means chicken or any part of a chicken, live or in processed form, produced in Canada and marketed in interprovincial or export trade. (poulet)

consumer

consumer means a person who buys chicken for consumption by the person or the person’s household. (consommateur)

dealer

dealer means a person, other than a processor or retailer, who buys chicken for resale. (négociant)

federal market development quota

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

licence

licence means

• (a) a document issued by CFC to a person certifying that the person is a licensee; or

• (b) a list issued by CFC to a person containing the person’s name and the names of other persons and certifying that each person is a licensee. (permis)

market development commitment form

market development commitment form means the form set out in Schedule 1. (formulaire d’engagement pour l’expansion du marché)

market development commitment period

market development commitment period means the period that spans the following three periods:

• (a) the period referred to in section 1 of the market development commitment form;

• (b) the period that was a period referred to in the schedule to the Canadian Chicken Marketing Quota Regulations and that immediately precedes the period referred to in paragraph (a); and

• (c) the period that becomes a period referred to in the schedule to the Canadian Chicken Marketing Quota Regulations and that immediately follows the period referred to in paragraph (a). (période d’engagement pour l’expansion du marché)

marketing

marketing, in relation to chicken, live or in processed form, means selling or offering it for sale or buying, pricing, assembling, packing, processing, transporting or storing it or any other act that is necessary to prepare it in a form, or to make it available at a place and time, for purchase for consumption or use. (commercialisation)

primary processor

primary processor means a processor who slaughters chicken that was produced and marketed under a federal market development quota issued under the Canadian Chicken Marketing Quota Regulations. (transformateur primaire)

processing

processing means the slaughtering of chicken or the changing of the nature, size, quality or condition of slaughtered chicken. (transformation)

processor

processor means a person who is engaged in the business of processing or marketing chicken. (transformateur)

producer

producer means a person who raises chicken for processing, for sale to the public, or for use in products manufactured by the person. (producteur)

producer-processor

producer-processor means a person who raises, processes and markets chicken or offers for sale, sells or stores chicken produced and processed by the person. (producteur-transformateur)

Provincial Commodity Board

Provincial Commodity Board means, in respect of

• (a) the Province of Ontario, Chicken Farmers of Ontario;

• (b) the Province of Québec, the Fédération des producteurs de volailles du Québec;

• (c) the Province of Nova Scotia, Chicken Farmers of Nova Scotia;

• (d) the Province of New Brunswick, the New Brunswick Chicken Marketing Board;

• (e) the Province of Manitoba, Manitoba Chicken Producers;

• (f) the Province of British Columbia, the British Columbia Chicken Marketing Board;

• (g) the Province of Prince Edward Island, the Prince Edward Island Poultry Meat Commodity Marketing Board;

• (h) the Province of Saskatchewan, Chicken Farmers of Saskatchewan;

  • (i) the Province of Alberta, Alberta Chicken Producers; and

• (j) the Province of Newfoundland and Labrador, the Newfoundland Chicken Marketing Board. (Office de commercialisation)

Provincial Supervisory Board

Provincial Supervisory Board means, in respect of

• (a) the Province of Ontario, the Ontario Farm Products Marketing Commission;

• (b) the Province of Quebec, the Régie des marchés agricoles et alimentaires du Québec;

• (c) the Province of Nova Scotia, the Nova Scotia Natural Products Marketing Council;

• (d) the Province of New Brunswick, the New Brunswick Farm Products Commission;

• (e) the Province of Manitoba, the Manitoba Natural Products Marketing Council;

• (f) the Province of British Columbia, the British Columbia Farm Industry Review Board;

• (g) the Province of Prince Edward Island, the Prince Edward Island Marketing Council;

• (h) the Province of Saskatchewan, the Saskatchewan Agri-Food Council;

  • (i) the Province of Alberta, the Alberta Agricultural Products Marketing Council; and

• (j) the Province of Newfoundland and Labrador, the Newfoundland Agricultural Products Marketing Board. (Régie provinciale)

registered production facilities

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

retailer

retailer means a person who offers chicken for sale, or sells it, directly to consumers. (détaillant)

transporter

transporter means a person who transports live chicken for delivery to a processor, and includes a processor who transports live chicken in vehicles owned or leased by the processor. (transporteur)

Application

2 These Regulations apply to the marketing of chicken in interprovincial or export trade.

General

3 No person may engage in the marketing of chicken in interprovincial or export trade as a producer, producer-processor, primary processor, processor, dealer, retailer or transporter unless the person

• (a) holds the appropriate licence referred to in section 6;

• (b) pays to CFC the annual fee set out in section 6 for the licence; and

• (c) complies with the conditions that the licence is subject to under section 5.

Issuance of Licences

• 4 (1) Subject to sections 8 and 9, CFC must, on receipt of an application in a form approved by CFC and the payment of the applicable fee set out in section 6, issue a licence to a producer, producer-processor, primary processor, processor, dealer, retailer or transporter, engaged in the marketing of chicken in interprovincial or export trade.

• (2) An application form referred to in subsection (1) must set out

  • (a) the name, address, telephone number and fax number of the applicant;

  • (b) the type of licence for which the application is made;

  • (c) a statement of the conditions that the licence is subject to under these Regulations; and

  • (d) the date on which the licence expires.

• (3) Every licence expires on December 31 of the year for which it is issued unless it is revoked before that day.

• (4) If the holder of a licence fails, during the period of validity of the licence, to comply with a condition set out in subsection 5(1) or (3) in respect of chicken marketed under the licence, the expiration of the licence does not exempt that person from complying with that condition after the date of expiration of the licence.

• (5) A licence issued under these Regulations is not transferable.

Conditions of Licence

• 5 (1) Every licence, other than a market development licence, is issued subject to the following conditions:

  • (a) the licensee must report to CFC, within seven days after the end of each week of marketing, the number of head and the aggregate weight of live chicken marketed by the licensee in interprovincial and export trade during that week, indicating

    • (i) in the case of interprovincial trade, the province from which, and the province to which, the live chicken was marketed,

    • (ii) in the case of export trade, the province from which, and the country to which, the live chicken was marketed, and

    • (iii) the names and addresses of the persons from whom, and to whom, the live chicken was marketed;

  • (b) within seven days after the licensee receives a document by which a number of kilograms of quota is allotted to the licensee, or by which a number of kilograms of chicken is otherwise authorized to be produced by the licensee, issued on behalf of CFC by the Provincial Commodity Board in the province where the licensee’s registered production facilities are located, the licensee must provide a copy of the document to CFC;

  • (c) the licensee must comply with all orders, regulations and rules of CFC and the National Farm Products Council and the provisions of the Farm Products Agencies Act;

  • (d) the licensee must keep complete and accurate books on all matters relevant to the marketing of chicken, live or eviscerated, in interprovincial or export trade, and retain them for six years after the date of the last entry in them;

  • (e) the licensee must not knowingly engage in the marketing of live chicken in interprovincial or export trade with persons who do not hold a licence issued under these Regulations;

  • (f) the licensee must not knowingly engage in the marketing, in interprovincial or export trade, of live chicken not raised by producers authorized to market live chicken in interprovincial or export trade under quotas allotted in accordance with the Canadian Chicken Marketing Quota Regulations;

  • (g) the licensee must not engage in the marketing of chicken in interprovincial or export trade in excess of the quota allotted on behalf of CFC to the licensee by the Provincial Commodity Board of the province in which the producer’s registered production facilities are located;

  • (h) the licensee must not knowingly engage in the marketing of chicken with a producer who is marketing chicken in excess of the quota allotted on behalf of CFC to the producer by the Provincial Commodity Board of the province in which the producer’s registered production facilities are located;

  • (i) the licensee must remit any levies imposed under sections 3 and 4 of the Canadian Chicken Marketing Levies Order; and

  • (j) the licensee must comply, as determined by the appropriate board, with the marketing scheme of the Provincial Commodity Board and the orders, regulations and rules of the Provincial Commodity Board and the Provincial Supervisory Board.

• (2) When a person who holds a transporter’s licence arrives at the premises of a processor, the person must, on request by an inspector of CFC, produce for inspection by the inspector a copy of the delivery receipt, bill of lading or any other document issued by that person at the time of loading in respect of the live chicken being transported at that time.

• (3) Every market development licence is issued subject to the following conditions:

  • (a) the licensee must be a primary processor using slaughtering facilities that are subject to inspection under a federal Act or regulations made under a federal Act;

  • (b) the licensee must submit a completed market development commitment form to CFC, or to any Provincial Commodity Board, or person, designated by CFC, at least five business days before the day on which CFC allocates the quota for the period indicated in section 1 of the form;

  • (c) the licensee must not knowingly engage in the marketing, in interprovincial or export trade, of chicken not raised by producers authorized to market chicken in interprovincial or export trade under federal market development quotas allotted in accordance with the Canadian Chicken Marketing Quota Regulations;

  • (d) during the market development commitment period, the licensee must market the total live weight equivalent of the number of kilograms of chicken indicated in section 1 of the market development commitment form — calculated by using the coefficients set out in column 2 of the table to section 1 of Schedule 2 — to the buyers, and for the end-uses, referred to in section 3 of that Schedule and, during that period, the licensee must receive, in respect of the chicken, a copy of the Market Development Policy Volume Confirmation letter issued to buyers by the Department of Foreign Affairs and International Trade, the Certificate of Inspection Covering Meat Products or the Official Meat Inspection Certificate for fresh meat, meat by-products, meat food products and poultry products, both of which certificates are issued by the Canadian Food Inspection Agency;

  • (e) the chicken marketed under the market development licence must be one of the product categories set out in column 1 of the table to section 1 of Schedule 2, must not be derived from mature chicken or spent fowl and must not be imported chicken;

  • (f) sufficient information to allow CFC to determine that the licensee has complied with the conditions set out in paragraphs (d) and (e) must be provided by the licensee to CFC, or to any Provincial Commodity Board, or person, that is authorized by CFC to receive the information, within 15 calendar days after each period that is described by paragraph (a), (b) or (c) of the definition market development commitment period in section 1 and included in the market development commitment period during which chicken produced under the federal market development quota was marketed;

  • (g) the licensee must comply with all orders, regulations and rules of CFC and the National Farm Products Council and with the provisions of the Farm Products Agencies Act;

  • (h) the licensee must remit any levies imposed on the licensee under subsection 5(1) of the Canadian Chicken Marketing Levies Order;

  • (i) within 15 calendar days after each period (in this paragraph referred to as the “reporting period”) that is described by paragraph (a), (b) or (c) of the definition market development commitment period in section 1 and included in the market development commitment period during which chicken produced under the federal market development quota was marketed, the licensee must provide to CFC, or to any Provincial Commodity Board, or person, designated by CFC, in respect of the chicken that was marketed under the licence during the reporting period,

    • (i) a complete product description, end-use product description, the identity of the purchaser of, and the province that produced the chicken that was marketed,

    • (ii) the Export Declaration in respect of any of the chicken that was marketed in export trade,

    • (iii) the Certificate of Inspection Covering Meat Products or the Official Meat Inspection Certificate for fresh meat, meat by-products, meat food products and poultry products issued by the Canadian Food Inspection Agency in respect of the chicken,

    • (iv) the transporter’s bill of lading for shipment of the chicken,

    • (v) the sales invoices of the licensee for the chicken marketed to buyers,

    • (vi) the Market Development Policy Volume Confirmation letter, if any, issued by the Department of Foreign Affairs and International Trade to each buyer of the chicken,

    • (vii) each declaration, in the form set out in Schedule 3, that is received by the licensee in accordance with paragraph (4)(b),

    • (viii) an independently auditable declaration establishing the dry weight of the chicken and the product categories of the chicken as referred to in section 1 of Schedule 2, and

    • (ix) any other information relating to the marketing of the chicken by the licensee that CFC or any Provincial Commodity Board designated by CFC may direct;

  • (i.1) the licensee consents to the disclosure by the Department of Foreign Affairs and International Trade and by the Canada Border Services Agency to CFC of information to establish that chicken claimed by the licensee to meet the licensee’s market development commitment was not imported and then re-exported under an Import for Re-Export Program or a Duty Deferral Program;

  • (j) the licensee must keep complete and accurate books on all matters relevant to the marketing of chicken in interprovincial or export trade, and retain them for six years after the date of the last entry in them;

  • (k) any transfer of ownership or other disposition of the chicken marketed under the market development licence does not exempt the licensee from complying with this subsection;

  • (l) the licensee must prepare and forward to CFC, or to any Provincial Commodity Board, or person, designated by CFC, on a monthly basis a report of inventory of stock that is to be marketed under the market development licence and that is held in storage by the licensee, in a form that is approved by CFC and that sets out the total kilograms of chicken stored by the licensee in each province according to product categories;

  • (m) on written request by CFC or any Provincial Commodity Board designated by CFC, the licensee must provide originals of the documents listed in paragraph (i).

• (4) For the purposes of paragraphs (3)(d), (e) and (i), the licensee must have slaughtered the chicken that the licensee has claimed to have marketed against the licensee’s market development commitment, unless

  • (a) the licensee purchased the chicken from another primary processor, located in the same province, who slaughtered the chicken; and

  • (b) the primary processor from whom the licensee purchased the chicken does not claim the live weight equivalent of the number of kilograms of chicken against his or her own market development commitment under paragraph (3)(d) and has declared, in the form set out in Schedule 3, that the chicken is being claimed by the licensee to meet the licensee’s market development commitment.

• (5) A market development licence must not be issued in respect of imported chicken.

• (6) Imported chicken cannot be claimed by a market development licensee to meet the licensee’s market development commitments and only chicken produced in Canada is eligible to be marketed under a market development licence and can be used to meet the licensee’s market development commitment.

6 The types of licences and the annual fees payable for their issuance are the following:

• (a) producer’s licence $50;

• (b) producer-processor’s licence $50;

• (c) processor’s licence $50;

• (d) dealer’s licence $50;

• (e) retailer’s licence $50;

• (f) transporter’s licence $50; and

• (g) market development licence $50.

7 If a person is engaged in marketing chicken in more than one capacity, the person must apply to CFC for a licence in respect of each capacity.

Suspension, Revocation and Refusal to Issue or to Renew a Licence

• 8 (1) Subject to subsection (3), CFC may suspend, revoke or refuse to issue or renew a licence if the applicant or licensee fails to comply with a condition of a licence or is not in good standing with the Provincial Commodity Board or the Provincial Supervisory Board of a province.

• (1.1) For the purposes of subsection (1), an applicant or licensee is not in good standing if CFC has been notified in writing by the Provincial Commodity Board or the Provincial Supervisory Board that

  • (a) a licence issued by the Provincial Commodity Board or the Provincial Supervisory Board to the person has been suspended and either the suspension remains in effect or no new licence has been issued to the person;

  • (b) a licence issued by the Provincial Commodity Board or the Provincial Supervisory Board to the person has been revoked and either the licence has not been renewed or no new licence has been issued to the person; or

  • (c) for any other reason the person is not in good standing with the Provincial Commodity Board or the Provincial Supervisory Board.

• (1.2) CFC may refuse to issue any licence to any person who previously held a licence that was suspended or revoked by CFC.

• (2) CFC may refuse to issue a licence to an applicant if any associate or affiliated body of the applicant, or any person related to the applicant, has failed to comply with a condition of any licence issued under these Regulations.

• (3) CFC shall not suspend, revoke or refuse to renew a market development licence if the licence holder establishes that the failure to comply with the conditions of the market development licence is due to an event that

  • (a) was not reasonably foreseeable;

  • (b) rendered it impossible, through no fault of the licensee, for the licensee to market the chicken for an end-use referred to in section 3 of Schedule 2; and

  • (c) was beyond the control of the licensee.

• 9 (1) If CFC intends to refuse to issue or renew a licence or to suspend or revoke a licence, CFC must give to the licensee or applicant, as the case may be, by personal service or registered mail addressed to him or her at his or her address recorded in the books of CFC, notice of its intention to refuse to issue or renew the licence or to suspend or revoke the licence, as the case may be.

• (2) The notice must set out the reasons on which CFC bases its intention and must fix a time of not less than 30 days after the service or mailing of the notice for the applicant or licensee to show cause why the licence should be issued or renewed or should not be suspended or revoked, as the case may be.

• (3) Despite subsections (1) and (2), a market development licence will be automatically suspended where the holder fails to comply with subsection 11.2(3) of the Canadian Chicken Marketing Levies Order.

Repeal

10 [Repeal]

Transition

11 A licence issued by CFC under the Canadian Chicken Licensing Regulations¹ that are repealed by section 10

• (a) is valid and remains in effect until December 31 of the year for which it was issued, subject to paragraph (c);

• (b) is subject to the conditions that applied to it under those Regulations; and

• (c) is subject to sections 8 and 9 as if the licence had been issued under these Regulations.

Coming into Force

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

SCHEDULE 1(Section 1)Market Development Commitment Form

Province:
1	As the holder of market development Licence No. issued by Chicken Farmers of Canada,
	requests the production of
	(Name of Primary Processor)
	kilograms of chicken (live weight equivalent as calculated according to Schedule 2 to the Canadian Chicken Licensing Regulations) during period A- for planned marketing in accordance with the provisions of the Canadian Chicken Licensing Regulations
2	commits to market the total live
	(Name of Primary Processor)
	weight equivalent of chicken requested
	(a) during the market development commitment period, which is the period that spans the following three periods:
	(i) the period referred to in section 1 of this form,
	(ii) the period that was a period referred to in the schedule to the Canadian Chicken Marketing Quota Regulations and that immediately precedes the period referred to in section 1 of this form, and
	(iii) the period that becomes a period referred to in the schedule to the Canadian Chicken Marketing Quota Regulations and that immediately follows the period referred to in section 1 of this form;
	b) as one of the product categories set out in column 1 of section 1 of Schedule 2 to the Canadian Chicken Licensing Regulations, not derived from mature chicken or spent fowl; and
	c) to the buyers, and for the end-uses, referred to in section 3 of Schedule 2 to the Canadian Chicken Licensing Regulations
	in the quantity specified below:
		kg (on a dry weight basis).
		(Signature of Primary Processor)	(Signature of CFC or CFC Designate)
		Date	Date
		Date of receipt of this form by CFC or CFC Designate: