Interpretation

1 The following definitions apply in this Order.

Act

Act means the Farm Products Agencies Act. (Loi)

audit period

audit period means two consecutive periods during which chicken produced in a province is authorized to be marketed under the Canadian Chicken Marketing Quota Regulations. (période de vérification)

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)

dealer

dealer means a person, other than a producer or processor, who purchases live chicken in interprovincial or export trade. (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)

federal quota

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

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 set out in Schedule 1 to the Canadian Chicken Licensing Regulations;

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

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

market development licence

market development licence means a market development licence issued by CFC under the Canadian Chicken Licensing Regulations. (permis d'expansion du marché)

marketing

marketing, in relation to chicken, whether 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 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)

Provincial Commodity Board

Provincial Commodity Board means, in respect of

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

• (b) the Province of Québec, Les Éleveurs de volailles du Québec;

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

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

• (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 and Labrador Chicken Marketing Board. (Office de commercialisation)

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)

Application

• 2 (1) This Order applies to

  • (a) a producer who sells, in interprovincial or export trade, live chicken produced under a federal quota;

  • (b) a dealer who purchases, in interprovincial or export trade, live chicken produced under a federal quota;

  • (c) a processor who purchases, for interprovincial or export trade, live chicken produced under a federal quota;

  • (d) a producer who sells, in interprovincial or export trade, live chicken in excess of a federal quota; and

  • (e) a primary processor who markets chicken produced under a federal market development quota

    • (i) to a buyer, or for an end-use, not specified in section 3 of Schedule 2 to the Canadian Chicken Licensing Regulations,

    • (ii) outside the market development commitment period, or

    • (iii) otherwise than as one of the product categories set out in column 1 of section 1 of Schedule 2 to the Canadian Chicken Licensing Regulations.

• (2) This Order does not apply to

  • (a) a producer in the Province of Ontario who produces chickens only for consumption on the farm where they are produced;

  • (b) a producer in the Province of Quebec who produces and markets no more than 100 chickens per year, unless specifically authorized by the Fédération des producteurs de volailles du Québec to market a greater quantity;

  • (c) a producer in the Province of Nova Scotia who produces and markets no more than 50 chickens per year;

  • (d) a producer in the Province of New Brunswick who produces and markets no more than 200 chickens per year;

  • (e) a producer in the Province of Manitoba who produces and markets no more than 999 chickens per year;

  • (f) a producer in the Province of British Columbia who produces and markets no more than 200 chickens per year;

  • (g) a producer in the Province of Prince Edward Island who produces and markets no more than 500 chickens per year;

  • (h) a producer in the Province of Saskatchewan who produces and markets no more than 999 chickens per year;

  • (i) a producer in the Province of Alberta who produces and markets no more than 2,000 chickens per year, or a communal group within the Province of Alberta with a communal group production quota under a law of that Province to produce no more than 6,000 chickens per year; and

  • (j) a producer in the Province of Newfoundland and Labrador who produces and markets no more than 100 chickens per year.

Levies

• 3 (1) A levy is hereby imposed on a producer per kilogram of live weight of chicken marketed by the producer in interprovincial or export trade, by reference to the province of production as follows:

  • (a) in the Province of Ontario, 1.6900 cents;

  • (b) in the Province of Quebec, 1.66 cents;

  • (c) in the Province of Nova Scotia, 1.39 cents;

  • (d) in the Province of New Brunswick, 1.10 cents;

  • (e) in the Province of Manitoba, 1.74 cents;

  • (f) in the Province of British Columbia, 1.60 cents;

  • (g) in the Province of Prince Edward Island, 1.44 cents;

  • (h) in the Province of Saskatchewan, 1.6000 cents;

  • (i) in the Province of Alberta, 1.60 cents; and

  • (j) in the Province of Newfoundland and Labrador, 1.50 cents.

• (2) Subsection (1) ceases to have effect on December 31, 2010.

• 4 (1) In addition to the levy payable under section 3, each producer must pay a levy of 44.0 cents per kilogram of live weight of chicken marketed in an audit period in interprovincial or export trade by the producer in excess of the federal quota allotted to the producer, under the Canadian Chicken Marketing Quota Regulations, on behalf of CFC by the Provincial Commodity Board of the province in which the producer's registered facilities are located.

• (2) Subsection (1) applies in addition to any other measures that may be taken under the Act or under any order or regulations of CFC.

• (3) For the purpose of determining marketings in excess of federal quota under subsection (1), there must be no reduction on account of marketings below federal market development quota for the same audit period.

• 5 (1) Every primary processor who holds a market development licence issued under the Canadian Chicken Licensing Regulations and who markets chicken produced under a federal market development quota must pay a levy of $1.00 per kilogram on the live weight equivalent of any of that chicken

  • (a) that is

    • (i) marketed by the primary processor to a buyer, or for an end-use, not specified by section 3 of Schedule 2 to the Canadian Chicken Licensing Regulations,

    • (ii) not marketed during the market development commitment period, or

    • (iii) not marketed as one of the product categories set out in column 1 of section 1 of Schedule 2 to the Canadian Chicken Licensing Regulations; or

  • (b) in respect of which the primary processor has not, within 21 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, provided sufficient information to CFC, or to any Provincial Commodity Board or person authorized by CFC to receive the information, to allow CFC to determine that the chicken was marketed

    • (i) to a buyer, and for an end-use, specified in section 3 of Schedule 2,

    • (ii) during that reporting period, and

    • (iii) as one of the product categories set out in column 1 of section 1 of Schedule 2 to the Canadian Chicken Licensing Regulations.

• (2) For the purpose of subsection (1), the live weight equivalent of chicken is to be calculated using the coefficients set out in the schedule.

Levy Collection

• 6 (1) If live chicken is purchased for interprovincial or export trade by a processor from a producer, the levy imposed under section 3 must be collected by the processor by deducting the amount of the levy from the money payable by the processor to the producer.

• (2) If live chicken is purchased for interprovincial or export trade by a dealer from a producer, the levy imposed under section 3 must be collected by the dealer by deducting the amount of the levy from the money payable by the dealer to the producer.

7 If a levy imposed under section 3 is to be collected by a processor or dealer under section 6, the processor or dealer must remit the levy to CFC, or to the Provincial Commodity Board or person authorized by CFC, not later than the Monday following the week in which the levy was collected under that section and, in any other case, the producer must remit the levy to CFC, or to the Provincial Commodity Board or person authorized by CFC, not later than two weeks after the sale of the live chicken in interprovincial or export trade.

8 The levy to be remitted under section 7 must be accompanied by a statement, on a form approved by CFC, that sets out

• (a) in the case of the levy remitted by a processor or dealer,

  • (i) the name and address of each producer from whom the levy was collected,

  • (ii) the number of head and the number of kilograms of live chicken purchased from the producer, and

  • (iii) the amount of levy remitted in respect of the producer; and

• (b) in the case of the levy remitted by a producer,

  • (i) the name and address of the producer,

  • (ii) the number of head and the number of kilograms of live chicken marketed by the producer, and

  • (iii) the amount of levy remitted.

9 CFC may collect any levies owed that have not been collected or remitted by a processor or dealer or remitted by a producer.

• 10 (1) CFC, having obtained the concurrence of each Provincial Commodity Board, hereby appoints each Provincial Commodity Board to collect the levies payable under subsection 4(1) on behalf of CFC.

• (2) Levies collected on behalf of CFC in accordance with subsection (1) are payable to CFC by each Provincial Commodity Board.

11 CFC shall issue a notice of assessment to every primary processor who must pay a levy under subsection 5(1).

• 11.1 (1) Within 20 days after the day on which the notice of assessment is received, the primary processor shall

  • (a) pay the levy; or

  • (b) advise CFC in writing that it intends to dispute the notice.

• (2) Within 30 days after the day on which the notice of assessment is received, the primary processor may dispute the notice by providing CFC with documents or information in writing the purpose of which is to establish that the failure to comply with the conditions set out in paragraph 5(3)(d) or (e) of the Canadian Chicken Licensing Regulations is due to an event that

  • (a) was not reasonably foreseeable;

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

  • (c) was beyond the control of the primary processor.

• 11.2 (1) If the documents or information establish that the failure is due to an event described in subsection 11.1(2), CFC shall issue to the primary processor a notice that cancels the notice of assessment but if CFC finds that the event described in that subsection was the cause of the failure to market in respect of only a portion of the marketings that were not made in accordance with the conditions of licence, CFC shall revise the assessment for purposes of issuing a final assessment determination.

• (2) If CFC does not issue to the processor a notice that cancels the notice of assessment, CFC shall issue a final assessment determination.

• (3) The primary processor shall remit the levy within 35 days after the day on which the final assessment determination is received.

Repeal

12 [Repeal]

Coming into Force

13 This Order comes into force on January 1, 2002.