Short Title

1 These Regulations may be cited as the Canadian Broiler Hatching Egg and Chick Licensing Regulations.

Interpretation

2 In these Regulations,

Agency

Agency means the Canadian Broiler Hatching Egg Marketing Agency; (Office)

broiler hatching egg

broiler hatching egg means an egg that is suitable for incubation and is to be hatched as a chick for chicken production; (oeuf d’incubation de poulet de chair)

buyer

buyer means a chicken producer, dealer or hatchery operator who buys broiler hatching eggs or chicks produced for chicken production; (acheteur)

chick

chick means a chick hatched from a broiler hatching egg from the time of hatch until it is placed in the facilities of a chicken producer for raising and not for resale; (poussin)

licence

licence means a buyer’s licence or a seller’s licence issued pursuant to section 5; (permis)

marketing

marketing in relation to broiler hatching eggs and chicks, means selling and offering for sale, buying, hatching, pricing, assembling, packing, transporting, delivering, receiving, storing and reselling; (commercialisation)

non-signatory provinces

non-signatory provinces means the Provinces of Nova Scotia, New Brunswick, Prince Edward Island, Saskatchewan and Newfoundland and the Yukon Territory and the Northwest Territories; (provinces non signataires)

producer

producer means a person engaged in the production of broiler hatching eggs; (producteur)

seller

seller means a producer, dealer or hatchery operator who sells broiler hatching eggs or chicks produced for chicken production; (vendeur)

signatory provinces

signatory provinces means the Provinces of Ontario, Quebec, Manitoba, British Columbia and Alberta. (provinces signataires)

Application

3 These Regulations apply

• (a) to persons engaged in the marketing in interprovincial or export trade of broiler hatching eggs or chicks produced in a signatory province for chicken production; and

• (b) to persons engaged in the interprovincial marketing from a non-signatory province into a signatory province of broiler hatching eggs or chicks produced in the non-signatory province for chicken production.

Prohibition

• 4 (1) No buyer shall engage in the marketing in interprovincial or export trade of broiler hatching eggs or chicks produced in a signatory province for chicken production unless the buyer holds a buyer’s licence.

• (2) No seller shall engage in the marketing in interprovincial or export trade of broiler hatching eggs or chicks produced in a signatory province for chicken production unless the seller holds a seller’s licence.

• (3) No buyer shall engage in the interprovincial marketing from a non-signatory province into a signatory province of broiler hatching eggs or chicks produced for chicken production unless the buyer holds a buyer’s licence.

• (4) No seller shall engage in the interprovincial marketing from a non-signatory province into a signatory province of broiler hatching eggs or chicks produced for chicken production unless the seller holds a seller’s licence.

Licence

5 Subject to section 8, the Agency shall issue a licence to any person who applies for one.

6 A licence

• (a) expires on December 31 of the year for which it is issued; and

• (b) is not transferable.

7 A licence is subject to the following terms and conditions:

• (a) the person to whom a licence is issued

  • (i) at all times during the term of the licence complies with the orders, regulations or requirements of the Agency or the National Farm Products Marketing Council that are applicable to that person,

  • (ii) at all times during the term of the licence complies with the orders, regulations or directives made pursuant to a provincial broiler hatching egg marketing plan referred to in the Federal-Provincial Agreement for Broiler Hatching Eggs, authorized by Order in Council P.C. 1986-2653Footnote ^* that are applicable to that person,

  • (iii) submits to the Agency in respect of the period set out in the licence a report containing the information set out in schedule, and

  • (iv) keeps complete and accurate books and records of all matters related to the marketing in interprovincial or export trade of broiler hatching eggs or chicks produced for chicken production by the person and retains the books and records for a period of not less than six years after the day of the last entry therein; and

• (b) the person to whom a licence is issued does not knowingly engage

  • (i) in the marketing in interprovincial trade of broiler hatching eggs or chicks produced for chicken production except with a person who holds an appropriate licence,

  • (ii) in the marketing in interprovincial or export trade of broiler hatching eggs produced in a signatory province, except for broiler hatching eggs that have been produced by a producer who has been allotted an interprovincial quota or export quota pursuant to the Canadian Broiler Hatching Egg Marketing Agency Quota Regulations, or

  • (iii) in the interprovincial marketing from a non-signatory province into a signatory province of broiler hatching eggs produced in the non-signatory province, except for broiler hatching eggs that have been marketed by a person who has been allotted an orderly marketing quota pursuant to the Canadian Broiler Hatching Egg Orderly Marketing Regulations.

    • Return to footnote ^*Not published in the Canada Gazette Part II.

• 8   The Agency may refuse to issue a licence to an applicant

  • (a) who is a producer, if the applicant has not been allotted a quota by the Agency pursuant to the Canadian Broiler Hatching Egg Orderly Marketing Quota Regulations or the Canadian Broiler Hatching Egg Marketing Agency Quota Regulations;

  • (b) if the applicant does not comply with any order, regulation or requirement of the Agency or the National Farm Products Marketing Council that is applicable to the applicant; or

  • (c) if the applicant does not comply with any order, regulation or directive made pursuant to a provincial broiler hatching egg marketing plan referred to in the Federal-Provincial Agreement for Broiler Hatching Eggs, authorized by Order in Council P.C. 1986-2653Footnote ^*, that is applicable to the applicant.

    • Return to footnote ^*Not published in the Canada Gazette Part II.

• (2) Where a person to whom a licence was issued fails to comply with any term or condition to which the licence is subject, the Agency may suspend, cancel or refuse to renew the licence.

• 9 (1) Where the Agency intends to refuse to issue or renew a licence or intends to suspend or cancel a licence, the Agency shall give notice of its intention to the applicant or the person to whom the licence was issued by personal service or registered mail.

• (2) The notice referred to in subsection (1) shall set out

  • (a) the grounds on which the Agency bases its intention; and

  • (b) the day on which and the time and place at which the applicant or the person to whom the licence was issued may show cause why the licence should be issued or renewed or should not be suspended or cancelled.

• (3) The day referred to in paragraph (2)(b) shall be not less than 30 days after the day of the service or mailing of the notice.