Alberta Chicken Producers Marketing Regulation
This regulation sets licensing, quota, reporting, pricing, and marketing rules for chicken in Alberta.
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This regulation sets licensing, quota, reporting, pricing, and marketing rules for chicken in Alberta. A person with a valid lease under the old Part 2.1 keeps that lease under its terms until it expires, or the Board amends or terminates it under a special marketing program. The regulation is repealed, and it expires on May 31, 2032.
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Provisions of Alberta Chicken Producers Marketing Regulation
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Alberta Chicken Producers Marketing Regulation — segment 1
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Alberta Chicken Producers Marketing Regulation — segment 1
This regulation sets licensing, quota, reporting, pricing, and marketing rules for chicken in Alberta.
(Consolidated up to 83/2025) ALBERTA REGULATION 3/2000 Marketing of Agricultural Products Act ALBERTA CHICKEN PRODUCERS MARKETING REGULATION Table of Contents Part 1 General 1 Definitions 2 Ownership interests 3 Prohibition 3.1 Animal Care Program Policy 4 Application for licence 5 Issue, renewal or refusal of licence 6 Licence to operate as lessee 7 Suspension or cancellation of licence 8 Duty to keep records 9 Reports and information to be provided 10 Service charge Part 2 Marketing Division 1 Quota 11 Authorized quota, etc. or permit required 12 Minimum price 13 Base quota increases or deceases 15 Marketing quota calculation 16 Marketing quota change 17 Production cycle 18 Authorized quota reallocation 19 Communal group production quota 20 Financial interest in premises 21 Authority of Board 22 Appointment of attorney Division 2 Variation from Authorized Marketing 23.01 Marketing in excess of or less than marketing quota 23 Marketing in excess of marketing quota 24 Marketing less than marketing quota 25 Establishment of period for marketing correction 26 Late or early marketings Division 3 Premises 29 Approved premises 30 Premises requirements Division 4 Quota Management and Special Marketing Programs 31 Quota limit 31.1 Minimum quota requirements 32 Authorized quota reduction 33 Lease of quota 33.1 Special marketing programs 34 Permit 35 Records not available Division 5 Prohibitions 36 Processor 37 Producer 38 Selling below minimum price 39 Purchasing below minimum price 40 Custom killing 41 Marketing re reduced weight Part 3 Transitional Provisions, Repeals and Expiry 42 Quota continued 43 Licence continued 43.1 Special marketing program lease continued 44 Repeal 45 Expiry Part 1 General Definitions 1 In this Regulation, (a) “Animal Care Program” means the program known as the Animal Care Program as approved or varied from time to time by the Chicken Farmers of Canada and approved by the Board under section 3.1; (a.1) “Animal Care Program Policy” means the policy established by the Board under section 3.1; (a.2) “authorized producer” means a person who (i) holds a licence authorizing the person to market chicken, and (ii) has been allocated authorized quota in accordance with Part 1 or Part 2 of this Regulation; (b) “authorized quota” means the number of quota units that have been allocated by the Board to an authorized producer; (c) “Board” means the board known as the Alberta Chicken Producers; (d) “broiler” means a chicken that is marketed at a live weight that is greater than 1.4 kilograms and less than 2.7 kilograms; (d.1) “broker” means a person who brings parties together and assists in negotiating contracts between the parties; (e) “chick” means a chicken that is less than 2 weeks old; (f) “chicken” means any category of chicken that is under 6 months of age and that is not raised for egg production; (g) “communal group” means a community of not fewer than 50 individuals in which (i) the members live and work together in an agricultural enterprise, (ii) a member is not permitted to own property in the member’s own right, and (iii) the members devote their working lives to the activities of the communal group; (h) “communal group production quota” means a quota that may be granted to a communal group permitting the communal group to produce, market and consume in accordance with section 19 up to 6000 chickens in each calendar year; (i) “consumer” means a person who purchases any form of chicken for the person’s own consumption or for consumption in the person’s household; (j) “Council” means the Alberta Agricultural Products Marketing Council; (k) “custom kill” means processing by a processor of chicken owned by a person, other than the processor, on a fee for services basis; (l) “family”, in respect of an individual, includes the individual’s spouse, adult interdependent partner, child, parent, sibling, grandparent, grandchild, son‑in‑law, daughter‑in‑law, father‑in‑law, mother‑in‑law, sister‑in‑law or brother‑in‑law; (m) “hatchery” means a person who is engaged in the business of marketing chicks; (n) “marketing quota” means the maximum live weight in kilograms of chicken that an authorized producer, or other eligible applicant in the case of a special marketing program established under section 33.1, is authorized to market in a production cycle; (o) repealed AR 83/2010 s2; (o.1) “On‑Farm Food Safety Assurance Program” means the program known as the On‑Farm Food Safety Assurance Program as approved or varied from time to time by the Canadian Food Inspection Agency; (p) “person” means a person as defined in the Interpretation Act and includes (i) a partnership as defined in the Partnership Act, (ii) any unincorporated organization that is not a partnership referred to in subclause (i), or (iii) any group of individuals who are carrying on an activity for a common purpose and are neither a partnership referred to in subclause (i) nor an unincorporated organization referred to in subclause (ii); (q) “Plan” means the Alberta Chicken Producers Plan that is amended and continued under section 3 of the Alberta Chicken Producers Plan Regulation (AR 110/2023); (r) “processing” means changing the nature of chicken by mechanical means or otherwise and includes killing; (s) “processor” means any person who is engaged in the business of processing chicken; (t) “production cycle” means the period of time to which a quota is applied, as established by resolution of the Board; (u) “production facilities and premises” means the buildings and improvements in which chicken is produced together with the land on which those buildings and improvements are situated; (v) “quota unit” means the unit of measurement chicken production quota, expressed in kilograms of live weight chicken, that may be allocated or reallocated by the Board; (w) “research permit” means the permission granted in writing to a researcher by the Board to market chicken within a given period; (x) “researcher” means a person involved in bona fide scientific research in respect of chicken; (y) “roaster” means a chicken that is marketed at a live weight of not less than 2.7 kilograms; (z) repealed AR 223/2012 s2; (aa) “site plan” means a drawing or aerial photo of the outline of buildings used to produce chicken, including outside dimensions of the buildings and the legal description of the land on which the buildings are located. AR 3/2000 s1;118/2002;124/2003;290/2003;83/2010;128/2011; 223/2012;188/2021;83/2025 Ownership interests 2 (1) For the purpose of this Regulation, a person has an ownership interest in authorized quota if that person (a) has any legal or equitable interest in authorized quota; (b) owns shares in a corporation that has a legal or equitable interest in authorized quota; (c) owns any shares in a corporation that is affiliated with another corporation that has a legal or equitable interest in authorized quota; (d) is owned by a person that has a legal or equitable interest in authorized quota; (e) is owned by a corporation that is affiliated with a corporation that has a legal or equitable interest in authorized quota; (f) is affiliated with a corporation that has a legal or equitable interest in authorized quota. (2) For the purposes of this Regulation, a corporation is affiliated with another corporation (a) if that corporation owns any shares, legally or equitably, in that other corporation, (b) if the shares of that corporation are owned, legally or equitably, by that other corporation, or (c) if a person legally or equitably owns shares in both corporations. (3) If 2 or more corporations are all affiliated with another corporation at the same time, those corporations are deemed to be affiliated with each other. Prohibition 3 (1) No person shall (a) operate a hatchery, (b) produce chicken, (c) market chicken, or (d) process chicken, unless the person is the holder of an appropriate licence issued by the Board that is not suspended and has not been cancelled. (2) Despite subsection (1), the holder of a communal group production quota may market chicken in accordance with section 19. AR 3/2000 s3;68/2005 Animal Care Program Policy 3.1 The Board may (a) approve the Animal Care Program developed by the Chicken Farmers of Canada and require authorized producers to comply with it, and (b) establish an Animal Care Program Policy for the purpose of administering the Animal Care Program in Alberta. AR 128/2011 s3 Application for licence 4 (1) A person may apply to the Board for one or more of the following licences: (a) a licence to operate as a hatchery; (b) a licence to market chicken as an authorized producer; (c) a licence to process chicken; (d) a licence to lease quota. (e) a licence to act as a broker for unlicensed producers producing chicken under an exemption provided for under the Plan. (1.1) An application for a licence must be in a form acceptable to and be accompanied by any information required by the Board. (1.2) An application for a licence to market chicken as an authorized producer must be accompanied by a fee established by the Board. (2) A licence only authorizes the licensee to engage in the activity specified on the licence. (3) If a person engages in more than one activity listed in subsection (1), that person must hold a separate licence for each activity. (4) Repealed AR 68/2005 s3. (5) A licence is not transferable. (6) A licence is subject to any conditions imposed by the Board on the licence and the licensee must comply with any directions issued by the Board relating to the activity authorized by the licence. AR 3/2000 s4;68/2005;81/2018;83/2025 Issue, renewal or refusal of licence 5 (1) If a person applies for a licence, the Board must, subject to subsection (3) and section 6, issue a licence to the applicant. (2) A licence, other than a licence to lease quota, issued under this section is valid until the Board suspends or cancels the licence. (2.1) A licence to lease quota expires in accordance with section 6(2). (3) The Board may refuse to issue or renew a licence if the applicant (a) lacks, in the Board’s opinion, the experience, equipment or financial responsibility to properly engage in the activity to which the application relates, (b) contravenes or has contravened the Act, the Plan, this Regulation or an order or direction of the Council or the Board or a condition imposed on the licence, (c) fails to comply with any technical requirements under the On‑Farm Food Safety Assurance Program, or (d) fails to comply with any technical requirements under the Animal Care Program. (3.1) Repealed AR 68/2005 s4. (4) If the Board refuses to issue a licence, the Board must serve on the applicant a copy of its decision to refuse to issue the licence. (5) A licence issued by the Board (a) is a licence to be engaged in the activity stated in the licence, and (b) is not an approval or endorsement by the Board of the licence holder. (6) No person, including a licensee, shall represent that a licence is an approval or an endorsement by the Board. (7) The Board may impose conditions on a licence and issue directions relating to the activity authorized by the licence. AR 3/2000 s5;290/2003;68/2005;105/2005;128/2011 Licence to operate as lessee 6 (1) A licence to lease quota does not give the lessee authority to produce and market chicken, but authority only to operate leased quota in accordance with (a) the lease, (b) any conditions imposed on the licence by and any directions issued by the Board, and (c) this Regulation. (2) A licence to lease quota expires automatically on the expiration or termination of the lease under which the quota was leased to the lessee. Suspension or cancellation of licence 7 (1) The Board may suspend, for any period it considers appropriate or cancel a licence (a) if the licensee (i) lacks, in the Board’s opinion, the experience, equipment or financial responsibility to properly engage in or continue to engage in the activity authorized by the licence, (ii) contravenes the Act, the Plan, this Regulation or an order or direction of the Council or the Board or a condition of the licence, (iii) fails to comply with any technical requirements under the On‑Farm Food Safety Assurance Program, or (iv) fails to comply with any technical requirements under the Animal Care Program, or (b) for any other reason not referred to in clause (a) that the Board considers appropriate. (2) If a licence is suspended or cancelled under subsection (1), the Board must notify the person to whom the licence was issued of that suspension or cancellation. (3) If a licence is suspended or cancelled, the person to whom the licence was issued (a) must, on receiving a notice of the suspension or cancellation, immediately cease engaging in the activity authorized by the licence, and (b) may apply to the Board for an order staying the suspension or cancellation pending the determination of an appeal under Part 5 of the Act. (4) Despite subsection (1)(a)(iii) and (iv), where the Board is of the opinion that an authorized producer has failed to comply with any of the requirements under the On‑Farm Food Safety Assurance Program or the Animal Care Program, the Board may choose not to suspend that producer’s quota if the producer leases or has leased the producer’s quota to another authorized producer or to a person who is licensed as a lessee of quota. AR 3/2000 s7;290/2003;128/2011;223/2012 Duty to keep records 8 (1) A licensee must maintain a complete and accurate record of all matters relating to the activity authorized by the licence, including any of the following records and documents that are pertinent to the activity authorized by the licence: (a) records of the placement of chicks; (b) invoices showing the number of chicks purchased; (c) records showing the number of chicks marketed to any person; (d) the name of the person to whom the chicks were marketed; (e) transportation records; (f) processor receiving records; (g) producer payment records; (h) grading, trimming or other processing records; (i) records showing the amount of chicken marketed by a licensee. (2) A licensee must (a) retain the records and documents required to be kept under subsection (1) for not less than 6 years, and (b) on the request of the Board, make the records and documents available for inspection. Reports and information to be provided 9 (1) Reports and information submitted under this section and section 10 must be in the form prescribed by or that is otherwise acceptable to the Board and must include the information required by the Board. (2) A hatchery must, for each week during which chicks are placed, prepare a report on Friday regarding the number and categories of chicks placed and submit the report to the Board office no later than Wednesday of the following week. (3) A processor must, (a) for each week during which chicken is processed, prepare a report on Friday regarding the amount and categories of chicken processed and submit the report to the Board office no later than Wednesday of the following week, and (b) at the end of each day during which chickens are custom killed, prepare a report regarding the amount and categories of chicken custom killed and submit the report to the Board office within 15 days. (4) An authorized producer must, (a) for each week during which chicks are received other than from a hatchery licensed by the Board, prepare a report regarding the number and categories of chicks received and submit the report to the Board office no later than Friday of the following week, (b) for each week during which chicken is marketed by the producer to a person other than a processor, prepare a report on Friday regarding the sale, the categories and the amount of chicken sold and submit the report to the Board office no later than Wednesday of the following week, and (c) in the case of live chickens being transferred from one location to another, prepare a report of the number of chickens transferred along with the legal land description of the locations from and to which the chickens are transferred, and submit the report to the Board office within 48 hours of the chickens being transferred. (5) Repealed AR 223/2012 s4. (6) On receiving a request by the Board to do so, a processor must file a statement with the Board, for any period specified by the Board, setting out the following: (a) the dates on which the processor intends to process chicken; (b) an estimate of the weight of chicken that the processor intends to process; (c) the type of chicken that the processor intends to process. (7) On receiving a request by the Board to do so, an authorized producer must file with the Board a statement, for any period specified by the Board, setting forth the following: (a) the dates on which the producer intends to market chicken; (b) an estimate of the weight of the chicken that the producer intends to market; (c) the type of chicken that the producer intends to market. AR 3/2000 s9;223/2012;81/2018 Service charge 10 (1) The service charge to be paid by an authorized producer shall be (a) prescribed by the Board in an amount per kilogram of live weight of chicken marketed, and; (b) $0.021 per kilogram of live weight of chicken, until otherwise prescribed. (2) A processor who receives chicken from an authorized producer must (a) deduct the service charge referred to in subsection (1) from the amount payable to that producer, and (b) submit an accounting for the service charge to the Board office, along with the report required by section 9(3)(a). (3) An authorized producer who markets chicken to a person other than a processor must (a) pay the service charge referred to in subsection (1) to the Board, and (b) submit an accounting for the service charge to the Board office, along with the report required by section 9(4)(b). (3.1) Interest shall be paid on unpaid services charges at the rate prescribed by the Board. (4) A service charge, and the interest prescribed in accordance with subsection (3.1), are debts due to the Board and may be recovered by the Board by civil action for debt. (5) The Board may use service charges, licence fees, levies and other money paid to it for the purpose of paying its expenses and administering the Plan and the regulations made by the Board. AR 3/2000 s10;62/2001;68/2005;65/2008;223/2012; 83/2025 Part 2 Marketing Division 1 Quota Authorized quota, etc. or permit required 11 No person shall market chicken except pursuant to the following: (a) an authorized quota; (b) a lease of authorized quota approved by the Board under section 33; (c) a communal group production quota; (d) a research permit; (e) an exemption provided for under the Plan; (f) a lease of quota approved by the Board in accordance with a special marketing program established under section 33.1. AR 3/2000 s11;223/2012;188/2021 Minimum price 12 The Board may by resolution (a) determine the minimum price to be paid per kilogram to a producer for chicken marketed, and (b) determine different prices for different classes, varieties, grades, sizes or kinds of chicken. Base quota increases or decreases 13 When the Board considers that general marketing conditions warrant a permanent increase or decrease in base quota, that increase or decrease must be allocated by the Board according to Council and Board policy. AR 3/2000 s13;81/2018 14 Repealed AR 223/2012 s7. Marketing quota calculation 15 (1) Subject to any adjustments made pursuant to this Regulation, an authorized producer’s marketing quota expressed in kilograms is the number determined by (a) multiplying the quota units that are allocated to an authorized producer by the conversion factor established by the Board by resolution, (b) then multiplying the product determined under clause (a) by the number of weeks in that producer’s production cycle, and (c) then multiplying the product determined under clause (b) by the percentage of utilization established by the Board for that production cycle. (2) For the purposes of subsection (1), a conversion factor may not be established for each individual producer but a conversion factor must be established that is generally applicable to all producers. AR 3/2000 s15;223/2012 Marketing quota change 16 When the Board considers it appropriate to vary the production of chicken to accommodate an anticipated change in the demand for chicken for the next 12 months or less, the Board may by resolution change the marketing quota by changing the allowed percentage of utilization for the quota units. Production cycle 17 (1) The Board must by resolution establish a production cycle (a) for broilers, and (b) for roasters. (2) An authorized producer may change that producer’s production cycle (a) from a roaster cycle to a broiler cycle established under subsection (1), or (b) from a broiler cycle to a roaster cycle established under subsection (1), by filing a statement of intent to change the production cycle with the Board. (3) An authorized producer may make application to the Board to produce on a production cycle that does not conform with either the roaster cycle or the broiler cycle established by the Board under subsection (1). (4) If the Board approves an application made under subsection (3), the Board may impose time limits or other conditions in respect of the matter being approved. (5) A statement of intent to change a production cycle under subsection (2) or an application under subsection (3) must be in writing, signed by the authorized producer and endorsed by the authorized producer’s hatchery and processor. Authorized quota reallocation 18 (1) An authorized producer shall not transfer all or any part of authorized quota. (2) Despite subsection (1), an authorized producer may apply to the Board to have that producer’s authorized quota cancelled and reallocated, in whole or in part, to another person who is eligible to become an authorized producer. (3) An application for cancellation and reallocation under this section must be made prior to the completion of the sale of any authorized quota with or without the production facilities and premises. (4) The approval of the reallocation of authorized quota shall not take effect, and the current authorized quota shall not be cancelled, until the completion of the sale and the filing with the Board of any proof that the Board may require. (5) The effective date of the reallocation must be determined by the Board so that the cancellation and reallocation correspond with the end of a particular production cycle. (6) Subject to subsection (7), if an application for cancellation and reallocation is made under this section, a fee established by the Board is payable to the Board and that fee must accompany the application for the cancellation and reallocation. (7) A fee is not payable under subsection (6) if (a) there is no change in beneficial ownership of the production facilities and premises for which there is a reallocation of authorized quota, or (b) the application is for reallocation to a person within the family. (8) If an authorized producer has overmarketed and the authorized quota is reallocated, the person to whom the authorized quota has been reallocated must reduce future marketings in accordance with section 23(2). (9) If an authorized producer has overmarketed, the authorized quota may not be reallocated until all outstanding levies and judgments in respect of the overmarketing are paid to the Board. (10) Application must be made to the Board for approval of any transfer from one person to another of an ownership interest except for an ownership interest in (a) a publicly traded company listed on a recognized stock exchange, or (b) a co‑operative that has more than 200 members. AR 3/2000 s18;124/2003;223/2012;81/2018 Communal group production quota 19 (1) A communal group may apply for an allocation of communal group production quota by filing a completed application form provided by the Board. (2) The Board must grant communal group production quota to an applicant if (a) the communal group does not hold any authorized quota, and (b) the communal group resides on the same parcel of land on which the production facilities are located at which the chicken is produced. (3) Chicken produced under a communal group production quota must only be (a) consumed by members of the communal group, or (b) marketed to consumers from (i) the land referred to in subsection (2)(b), (ii) land that is adjacent to the land referred to in subsection (2)(b), or (iii) a stall at a farmers’ market. (4) An applicant for a communal group production quota must pay to the Board a service charge of $250 at the time of making the application for the quota, and thereafter the holder of the communal group production quota must pay to the Board an annual service charge of $250 by March 1 of each year. (5) If the annual service charge is not paid by March 1 in the year it is due, the Board may cancel the communal group production quota. (6) A communal group production quota holder must, if the holder acquires chicks from outside Alberta, report to the Board in writing the number of chicks so acquired within 2 weeks after the chicks are delivered to the holder. (7) A communal group production quota may not be sold, transferred, reallocated or divided. (8) If the holder of a communal group production quota is granted an allocation or reallocation of an authorized quota, the communal group production quota is cancelled on that allocation or reallocation of the authorized quota. (9) A communal group production quota may be reduced or cancelled, either permanently or for such period as the Board considers appropriate, if a communal group quota holder (a) produces in excess of 6000 chickens in any calendar year, (b) fails to comply with subsection (3)(b) when marketing any chicken, or (c) fails to report the information required by subsection (6). (10) Before the Board proceeds to amend this section, the Board must (a) give written notice by ordinary mail to the communal group production quota holders of the proposed amendments, (b) hold a public meeting at which communal group production quota holders may make representations to the Board about the proposed amendments, and (c) prior to amending this section, consider the representations made. AR 83/2025 s5 Financial interest in premises 20 (1) Any person who holds a financial interest by means of a mortgage registered under the Land Titles Act in respect of the production facilities and premises to which an authorized quota has been allocated may register that interest with the Board in a manner that is satisfactory to the Board. (2) If a mortgagee registers an interest with the Board under subsection (1), that mortgagee must at the same time also register with the Board a written acknowledgment signed by the authorized producer of the mortgagee’s financial interest in the production facilities and premises. (3) If an interest is registered under subsection (1), the Board must notify the mortgagee of any application to reallocate all or any part of the authorized quota to which the registration applies. (4) The Board shall not approve the reallocation of any authorized quota in respect of which an interest is registered under subsection (1) unless the mortgagee has given written consent to the reallocation. (5) Only one financial interest may be registered in respect of an authorized quota. (6) The Board shall not register a financial interest if there is an appointment of attorney registered under section 22 in respect of a person who has loaned money to an authorized producer. AR 3/2000 s20;223/2012;81/2018;83/2025 Authority of Board 21 (1) If a mortgagee becomes the legal or equitable owner of production facilities and premises due to a judicial or extra‑judicial enforcement of the mortgage, the Board may do one or more of the following: (a) allow the mortgagee to market chicken pursuant to the authorized quota granted in respect of the production facilities and premises for a period not exceeding 2 years, during which time the mortgagee must endeavour to find an appropriate buyer; (b) set aside for a period not exceeding 2 years the authorized quota allocated in respect of the production facilities and premises; (c) allocate part or all of the authorized quota to a person who purchases the production facilities and premises from the mortgagee, if the Board is satisfied that the purchaser is or intends to become an authorized producer; (d) allocate part or all of the authorized quota to the mortgagee, if the Board is satisfied that the mortgagee intends to become an authorized producer. (2) If an authorized quota has not been allocated within the time set out in subsection (1)(a) or (b), the Board may (a) cancel the authorized quota, or (b) on written application by the mortgagee, extend the time set out in subsection (1)(a) or (b). Appointment of attorney 22 (1) Subject to subsections (4) and (5), a person who has loaned money to an authorized producer may apply to the Board to register an appointment of attorney. (2) An appointment of attorney must be in a form satisfactory to the Board. (3) Only one appointment of attorney may be registered in respect of an authorized producer. (4) The Board shall not register an appointment of attorney if there is a financial interest under section 20 registered in respect of the production facilities and premises of that authorized producer. (5) The Board shall not register an appointment of attorney unless it is signed by the authorized producer that is affected by it. (6) An appointment of attorney is only effective from the date the Board acknowledges in writing that it is registered. (7) If the Board has acknowledged registration of the appointment of attorney, the Board shall not approve an application for any of the following unless the person appointed as the attorney provides written consent to the same: (a) cancellation and reallocation of the authorized quota specified in the appointment of attorney; (b) transfer of an ownership interest in the authorized quota specified in the appointment of attorney. AR 83/2025 s7 Division 2 Variation From Authorized Marketing Marketing in excess of or less than marketing quota 23.01 (1) For the purposes of this Part, “production sleeve” means an amount of production expressed as a percentage of marketing quota, and includes an under‑production sleeve, which means a specified percentage less than 100% of the marketing quota allocated to a producer, and an over‑production sleeve, which means a specified percentage in excess of 100% of the marketing quota allocated to a producer. (2) The Board may establish production sleeves and amend them from time to time as necessary for the purpose of regulating variations from authorized quotas, responding to market changes in a timely manner and assisting in the achievement of 100% quota utilization. AR 128/2011 s6 Marketing in excess of marketing quota 23 (1) An authorized producer shall not market chicken in excess of the marketing quota allocated to that producer. (2) If an authorized producer markets chicken in contravention of subsection (1), the Board must in a subsequent production cycle, without permanently reducing the authorized quota allocated to that producer, reduce the weight of chicken that the producer may market by an amount equal to the weight of the chicken that was marketed in excess of that producer’s marketing quota. (3) An authorized producer who has marketed chicken contrary to subsection (1) must pay to the Board a levy of (a) $0.44 per kilogram for each kilogram of chicken marketed in excess of the lower limit of the over‑production sleeve but less than the upper limit of the over‑production sleeve established by the Board pursuant to section 23.01, and (b) $0.88 per kilogram for each kilogram of chicken marketed in excess of the upper limit of the over‑production sleeve established by the Board pursuant to section 23.01. (4) The levy provided for under subsection (3) must be paid even though the authorized producer reduces the excess marketings in accordance with subsection (2). (5) The levy provided for under subsection (3) must be paid within 30 days from the date that the authorized producer was billed for the levy by the Board. (6) If the levy provided for under subsection (3) is not received by the Board within 30 days from the date that the authorized producer is billed for the levy by the Board, that producer must pay interest on the levy at a rate established by the Board. (7) A levy provided for under this section is a debt due to the Board and may be recovered by the Board by civil action for debt. AR 3/2000 s23;83/2010;128/2011;81/2018 Marketing less than marketing quota 24 If an authorized producer markets less chicken than that producer is permitted to market pursuant to the marketing quota allocated to that producer, that producer’s allowed marketing of chicken must be increased in a subsequent production cycle by the lesser of (a) the marketing deficit, or (b) the under‑production sleeve established by the Board pursuant to section 23.01 multiplied by the producer’s marketing quota in effect at the time of the marketing deficit. AR 3/2000 s24;128/2011 Establishment of period for marketing correction 25 The Board must establish by resolution when (a) reductions in marketings are to occur for the purpose of section 23(2), and (b) increases in marketings are to occur for the purpose of section 24. Late or early marketings 26 If a processor changes the date on which an authorized producer markets chicken from that set out in the information provided to the Board under section 9(6) and (7) in order to meet a market demand, and as a result of the change in the date the producer markets more or less chicken than allowed under that producer’s marketing quota, the Board may (a) waive any levies that resulted from the delay in marketings, or (b) allow increased marketings in subsequent production cycles to compensate for undermarketings that result from the advance in marketings. 27 Repealed AR 83/2010 s5. 28 to 28.2 Repealed AR 223/2012 s11. Division 3 Premises Approved premises 29 Unless otherwise authorized in writing by the Board, no authorized producer shall market chicken other than that produced in the approved registered production facilities and premises for which the authorized quota was allocated. Premises requirements 30 (1) Prior to the commencement of production, the authorized producer must register with the Board the production facilities and premises in which the production is to take place. (2) If a person applies to register production facilities and premises with the Board, that person must provide to the Board (a) a copy of the current certificate of title for the land on which the production facilities and premises are located, (b) a site plan, and (c) any other information that the Board requires. Division 4 Quota Management and Special Marketing Programs Quota limit 31 (1) An individual, whether alone or through an interest in a corporation, partnership, unincorporated organization or group of individuals, shall not hold more than 5% of the total of all authorized quota allocated by the Board. (2) Subject to subsection (3), a corporation, partnership, unincorporated organization or group of individuals shall not hold more than 10% of all authorized quota allocated by the Board. (3) An individual shall not exceed directly or indirectly the limit established under subsection (1) through holdings in a corporation, partnership, unincorporated organization or group of individuals. (4) No more than 10% of all authorized quota allocated by the Board may be produced at one production facility and premises. (5) For the purpose of subsections (1) and (2), the amount of authorized quota must be determined as follows: (a) the holding of authorized quota for an individual is the sum of (i) the authorized quota held by that individual, (ii) the proportionate share of any authorized quota in which that individual has an ownership interest through a corporation or partnership or an unincorporated organization referred to in section 1(p)(ii) or group of individuals referred to in section 1(p)(iii), and (iii) any authorized quota in which the individual has an ownership interest as a lessee of quota; (b) the holdings of a corporation or partnership or an unincorporated organization referred to in section 1(p)(ii) or group of individuals referred to in section 1(p)(iii) is the sum of (i) the authorized quota held by that corporation, partnership, unincorporated organization or group of individuals, (ii) the proportionate share of any authorized quota that the corporation, partnership, unincorporated organization or group of individuals holds through an ownership interest in another corporation, partnership, unincorporated organization or group of individuals, and (iii) any authorized quota in which the corporation, partnership, unincorporated organization or group of individuals has an ownership interest as a lessee of quota. (6) The Board shall not allocate, reallocate or approve the lease of any authorized quota if as a result of that allocation, reallocation or lease any person would hold quota in excess of that allowed under subsection (1) or (2). (7) The restriction set forth in subsection (3) does not apply to (a) the ownership interest of a producer in (i) a publicly traded company listed on a recognized stock exchange, or (ii) a co‑operative that has more than 200 members; (b) the reallocation of quota to a person under a will or under the Wills and Succession Act . (8) If authorized quota is reallocated under subsection (7)(b), any subsequent allocation or reallocation, except a further reallocation under subsection (7)(b), is subject to subsections (1) to (4). AR 3/2000 s31;43/2004;31/2012;81/2018 Minimum quota requirements 31.1 (1) An authorized producer is required to hold a minimum of 100 units of authorized quota. (2) For the purpose of subsection (1), the amount of authorized quota must be determined as follows: (a) the holding of authorized quota for an individual is the sum of (i) the authorized quota that is held by that individual, (ii) the proportionate share of any authorized quota in which that individual has an ownership interest through a corporation or partnership or an unincorporated organization referred to in section 1(p)(ii) or group of individuals referred to in section 1(p)(iii), and (iii) any authorized quota in which the individual has an ownership interest as a lessee of quota; (b) the holdings of authorized quota of a corporation or partnership or an unincorporated organization referred to in section 1(p)(ii) or group of individuals referred to in section 1(p)(iii) is the sum of (i) the authorized quota held by that corporation, partnership, unincorporated organization or group of individuals, (ii) the proportionate share of any authorized quota that the corporation, partnership, unincorporated organization or group of individuals holds through an ownership interest in another corporation, partnership, unincorporated organization or group of individuals, and (iii) any authorized quota in which the corporation, partnership, unincorporated organization or group of individuals has an ownership interest as a lessee of quota. (3) The Board shall not allocate, reallocate or approve the lease of any authorized quota if as a result of that allocation, reallocation or lease any person would hold less quota than that required under subsection (1). (4) The restriction set forth in subsection (3) does not apply to the reallocation of quota to a person under a will or under the Wills and Succession Act . (5) If authorized quota is reallocated under subsection (4), any subsequent allocation or reallocation, except a further reallocation under subsection (4), is subject to subsection (1). AR 81/2018 s9 Authorized quota reduction 32 (1) The Board may reduce or cancel an authorized quota if the authorized producer to whom it is allocated or the person to whom it has been leased pursuant to section 33 (a) has failed to observe, perform or carry out the provisions of the Act, this Regulation or any order of the Council or the Board; (b) is not utilizing or has voluntarily given up all or part of that producer’s authorized quota or portion leased; (c) has had that producer’s or lessee’s licence revoked or suspended for any reason, including but not limited to a failure to comply with any technical requirements under the On‑Farm Food Safety Assurance Program or the Animal Care Program; (d) has not received the approval of the Board for any change of ownership interest in that producer if an authorized quota has been allocated or leased in the name of a company. (2) Where a producer or lessee exceeds the stocking density requirements of the Animal Care Program, the Board may impose a production penalty of 20% of that producer’s or lessee’s allocated production until the producer or lessee complies with the requirements of the Animal Care Program. AR 3/2000 s32;128/2011 Lease of quota 33 (1) Subject to the approval of the Council, the Board may allow an authorized producer to lease out any amount of that authorized producer’s quota up to a percentage determined by the Board through a Board Order or Directive to (a) another authorized producer, or (b) a person who is licensed as a lessee of quota. (1.1) Subject to the approval of the Council, the Board may establish criteria through a Board Order or Directive for allowing an authorized producer to lease out quota under subsection (1). (2) An application to lease may be made on the basis of kilograms or quota units. (3) An application to lease quota must (a) be made in writing to the Board by the authorized producer, (b) be endorsed by the proposed lessee, (c) specify whether the lease is for a number of kilograms per production cycle or quota units per production cycle and provide details, and (d) include any other information that the Board requires. (4) If an authorization to lease is granted by the Board, the Board may make the authorization subject to those terms or conditions that the Board considers appropriate in the circumstances. (5) If an approval for a lease of authorized quota has been granted by the Board to a person who is licensed as a lessee of quota, the following provisions apply to that person in the same manner as if that person were the authorized producer: section 3.1; section 8; section 9; section 10; section 15; section 17; section 18; section 20; section 21; section 22; section 23; section 24; section 26; section 29; section 30; section 35; section 36; section 37; section 38; section 40. (6) The authorized producer and lessee are (a) jointly responsible for reducing the marketing of chicken in accordance with section 23(2), and (b) jointly and severally liable for (i) all service charges assessed under this Regulation, (ii) all levies assessed under this Regulation, and (iii) any judgment obtained in respect of service charges or levies assessed under this Regulation. (7) If a lease is terminated and any reductions in the marketing of chicken imposed under section 23(2) are not completed, the remaining reductions in the marketing of chicken are the joint responsibility of the authorized producer who leased out the quota and the lessee of that quota. (8) The Board shall not allow a lease of quota from an authorized producer to a lessee if (a) the authorized producer has outstanding service charges or levies payable to the Board, or (b) the proposed lessee would exceed the quota limit established under section 31. (9) Despite anything in this Regulation, none of the following permits a lessee to exercise the rights of an authorized producer under Part 2 or 3 of the Plan: (a) any authorization granted by the Board authorizing a lessee to lease quota; (b) a licence granted by the Board licensing a person to operate as a lessee of quota; (c) a lease of quota to a lessee. AR 3/2000 s33;223/2012;153/2017;81/2018 Special marketing programs 33.1 The Board may, from time to time, establish and operate special marketing programs and related policies, and approve leases of quota under those programs, to enable (a) the development of a market for organic chicken, (b) direct marketing of chicken to consumers, (c) the marketing of specialty chicken within the meaning of the Canadian Chicken Licensing Regulations (SOR/2002‑22), or (d) the development of new or emerging markets for chicken. AR 188/2021 s5 Permit 34 The Board may issue research permits for research purposes. Records not available 35 If records are not available to the Board in respect of an authorized producer, that producer is deemed (a) if the producer has been engaged in production for the past 12 months, (i) to have marketed the amount of chicken determined by multiplying the number of chicks delivered to the producer by the average weight of chicken marketed by the producer in the past year, and (ii) to have marketed all of the chicken that grew out of chicks that were delivered to the producer within 3 months of the delivery of the chicks, and (b) if the producer has not been engaged in production for the past 12 months, to have marketed the amount of chicken determined by multiplying the number of chicks delivered to the producer by the average live weight of all chicken marketed in Alberta of the same weight category as determined by statistics derived from Agriculture Canada Poultry Market Report number 52, or the current successor to that Report, in the year prior to the year that the chicken was marketed. AR 3/2000 s35;223/2012 Division 5 Prohibitions Processor 36 A processor shall not purchase chicken from any person other than an authorized producer or a processor. Producer 37 An authorized producer shall not market chicken to any person other than a licensed processor or a consumer, unless the Board has granted permission in writing to that producer to do so. Selling below minimum price 38 An authorized producer shall not market chicken at a price that is less than the minimum price that is established by the Board. Purchasing below minimum price 39 A processor shall not purchase chicken for an amount that is less than the minimum price that is established by the Board. Custom killing 40 A processor shall not in a calendar year custom kill more than 2000 chickens for any person other than an authorized producer. Marketing re reduced weight 41 (1) On being advised in writing by the Board that pursuant to section 23 the Board has reduced the weight of chicken that an authorized producer is authorized to market, a processor shall not market any chicken in excess of the reduced weight of chicken, if any, that the producer is authorized to market unless the processor first obtains written permission from the Board to do so. (2) If the Board grants permission for the purposes of subsection (1), the permission must be in writing and specify the terms on which the marketings can occur. Part 2.1 Repealed AR 188/2021 s6 Part 3 Transitional Provisions, Repeals and Expiry Quota continued 42 If immediately before the coming into force of this Regulation a person held a number of quota units of base quota, advanced quota or rock cornish chicken factor quota as defined in the Alberta Chicken Producers Marketing Regulation (AR 227/96), that person is deemed to hold the same number of quota units of authorized quota under this Regulation. Licence continued 43 If, immediately prior to the coming into force of this Regulation, a person held a licence issued under the Alberta Chicken Producers Marketing Regulation (Alta. Reg. 227/96), that person continues to hold that licence under this Regulation and that person and the licence are subject to this Regulation.
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Alberta Chicken Producers Marketing Regulation — segment 2
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Alberta Chicken Producers Marketing Regulation — segment 2
A person with a valid lease under the old Part 2.1 keeps that lease under its terms until it expires, or the Board amends or terminates it under a special marketing program. The regulation is repealed, and it expires on May 31, 2032.
Special marketing program lease continued 43.1 If, immediately before the coming into force of this section, a person held a valid lease approved under Part 2.1 as it read before the coming into force of this section, that person continues to hold that lease in accordance with its terms until it expires or is amended or terminated by the Board pursuant to a special marketing program established under section 33.1 as it reads on the coming into force of this section. AR 188/2021 s7 Repeal 44 The Alberta Chicken Producers Marketing Regulation (Alta. Reg. 227/96) is repealed. Expiry 45 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on May 31, 2032. AR 3/2000 s45;226/2004;84/2012;86/2017;81/2018;64/2023; 50/2024;83/2025 Schedule Repealed AR 223/2012 s15.
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Alberta Chicken Producers Marketing Regulation
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