Canadian Chicken Marketing Levies Order

Canadian Chicken Marketing Levies Order Whereas the Governor in Council has, by the Chicken Farmers of Canada Proclamationa, established Chicken Farmers of Canada pursuant to subsection 16(1)b of the Farm Products Agencies Actc; Whereas Chicken Farmers of Canada has been empowered to implement a marketing plan pursuant to the Chicken Farmers of Canada Proclamationa; Whereas the proposed annexed Canadian Chicken Marketing Levies Order is an order of a class to which paragraph 7(1)(d)d of the Farm Products Agencies Actc applies by reason of section 2 of the Agencies’ Orders and Regulations Approval Ordere, and has been submitted to the National Farm Products Council pursuant to paragraph 22(1)(f) of that Act; And whereas, pursuant to paragraph 7(1)(d)d of the Farm Products Agencies Actc, the National Farm Products Council is satisfied that the proposed order is necessary for the implementation of the marketing plan that Chicken Farmers of Canada is authorized to implement, and has approved the proposed order; Therefore, Chicken Farmers of Canada, pursuant to paragraph 22(1)(f) of the Farm Products Agencies Actc and section 12f of the schedule to the Chicken Farmers of Canada Proclamationa, hereby makes the annexed Canadian Chicken Marketing Levies Order. SOR/79-158; SOR/98-244 S.C. 1993, c. 3, par. 13(b) S.C. 1993, c. 3, s. 2 S.C. 1993, c. 3, s. 7(2) C.R.C., c. 648 SOR/2002-1 Ottawa, Ontario, December 20, 2001 The following definitions apply in this Order. Act means the Farm Products Agencies Act. (Loi) 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 (période de vérification) CFC[Repealed, SOR/2015-228, s. 1] chicken[Repealed, SOR/2015-228, s. 1] communal group, in respect of Saskatchewan, has the same meaning as in Order No. 61/11 – Communal Group Production Exemption made by the Chicken Farmers of Saskatchewan Board; and Alberta, has the same meaning as in paragraph 1(g) of the Alberta Chicken Producers Marketing Regulation, Alta. Reg. 3/2000. (ferme collective) communal group production quota means a quota for the production or marketing of chicken granted to a communal group under a law of the Province in which it is situated. (contingent de production de ferme collective) dealer means a person, other than a producer or processor, who purchases live chicken in interprovincial or export trade. (négociant) 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 means the number of kilograms of chicken, expressed in live weight, not including a federal market development quota or federal specialty chicken quota, that a producer is entitled, under the Canadian Chicken Marketing Quota Regulations, to market in interprovincial or export trade during the period referred to in the schedule to those Regulations. (contingent fédéral) federal specialty chicken 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, during the period referred to in the schedule to those Regulations, to any holder of a specialty chicken licence. (contingent fédéral de poulet de spécialité) market development commitment period means the period that spans the following three periods: the period referred to in section 1 of the market development commitment form set out in Schedule 1 to the Canadian Chicken Licensing Regulations; 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 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 means a market development licence issued by CFC under the Canadian Chicken Licensing Regulations. (permis d’expansion du marché) marketing[Repealed, SOR/2015-228, s. 1] primary processor means a processor who slaughters chicken that was produced and marketed under a federal market development quota or federal specialty chicken quota. (transformateur primaire) processing means the slaughtering of chicken or the changing of the nature, size, quality or condition of slaughtered chicken. (transformation) processor means a person who is engaged in the business of processing and otherwise marketing chicken. (transformateur) producer[Repealed, SOR/2015-228, s. 1] Provincial Commodity Board[Repealed, SOR/2015-228, s. 1] registered production facilities means production facilities that are registered under the laws of the province in which they are situated. (installations de production agréées) specialty chicken licence means a specialty chicken licence that is issued by CFC under the Canadian Chicken Licensing Regulations. (permis de poulet de spécialité) This Order applies to a producer who sells, in interprovincial or export trade, live chicken produced under a federal quota; a dealer who purchases, in interprovincial or export trade, live chicken produced under a federal quota; a processor who purchases, for interprovincial or export trade, live chicken produced under a federal quota; a producer who sells, in interprovincial or export trade, live chicken in excess of a federal quota; a primary processor who markets chicken produced under a federal market development quota to a buyer, or for an end-use, not specified in section 3 of Schedule 2 to the Canadian Chicken Licensing Regulations, outside the market development commitment period, or 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; a primary processor or producer who markets, in interprovincial or export trade, chicken produced under a federal specialty chicken quota; and a primary processor or producer who markets, in interprovincial or export trade, chicken in excess of a federal specialty chicken quota. This Order does not apply to a producer in the Province of Ontario who produces no more than 300 chickens per year at their premises and is permitted to produce chicken without being allotted a quota under regulations made by the Chicken Farmers of Ontario; a producer in the Province of Quebec who produces and markets no more than 100 chickens per year, unless specifically authorized by Les Éleveurs de volailles du Québec to market a greater quantity; a producer in the Province of Nova Scotia who produces no more than 200 chickens per year at their premises for personal consumption; a producer in the Province of New Brunswick who produces and markets no more than 200 chickens per year; a producer in the Province of Manitoba who produces and markets no more than 999 chickens per year; a producer in the Province of British Columbia who produces and markets no more than 200 chickens per year; a producer in the Province of Prince Edward Island who produces and markets no more than 500 chickens per year; a producer in the Province of Saskatchewan who produces and markets no more than 999 chickens per year or a communal group within that Province that produces and markets chicken under a communal group production quota; a producer in the Province of Alberta who produces and markets no more than 2,000 chickens per year or a communal group within that Province that produces and markets chicken under a communal group production quota; a producer in the Province of Newfoundland and Labrador who produces and markets no more than 100 chickens per year. 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: in the province of Ontario, 3.01 cents; in the province of Quebec, 2.27 cents; in the province of Nova Scotia, 1.68 cents; in the province of New Brunswick, 1.20 cents; in the province of Manitoba, 2.65 cents; in the province of British Columbia 2.06 cents; in the province of Prince Edward Island, 2.11 cents; in the province of Saskatchewan, 1.87 cents; in the province of Alberta, 2.10 cents; and in the province of Newfoundland and Labrador, 1.67 cents. Subsection (1) ceases to have effect on March 31, 2027. 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 or federal specialty chicken quota allotted to the producer, on behalf of CFC, by the Commodity Board of the province in which the producer’s registered facilities are located. Subsection (1) applies in addition to any other measures that may be taken under the Act or under any order or regulations of CFC. 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. 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 the following: in the case of chicken that is not marketed during the market development commitment period, a levy of $1.00 per kilogram on the live weight equivalent of that chicken; in the case of chicken that is not marketed before the end of the period referred to in the schedule to the Canadian Chicken Marketing Quota Regulations that immediately follows the market development commitment period, an additional levy of $0.60 per kilogram on the live weight equivalent of that chicken; in the case of chicken, other than chicken referred to in paragraph (a) or (b), that is marketed by the primary processor to a buyer, or for an end-use, not referred to in section 3 of Schedule 2 to the Canadian Chicken Licensing Regulations, a levy of $1.60 per kilogram on the live weight equivalent of that chicken; in the case of chicken, other than chicken referred to in paragraph (a) or (b), that is not marketed as one of the product categories set out in column 1 of the table to section 1 of Schedule 2 to the Canadian Chicken Licensing Regulations, a levy of $1.60 per kilogram on the live weight equivalent of that chicken; and in the case of chicken, other than chicken referred to in paragraph (a) 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 any of paragraphs (a) to (c) of the definition market development commitment period in section 1 and that is 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 Commodity Board or person authorized by CFC to receive the information, to allow CFC to determine that the chicken was marketed during that reporting period to a buyer, and for an end-use, referred to in section 3 of Schedule 2 to the Canadian Chicken Licensing Regulations as one of the product categories set out in column 1 of the table to section 1 of Schedule 2 to those Regulations, a levy of $1.60 per kilogram on the live weight equivalent of that chicken. For the purpose of subsection (1), the live weight equivalent of chicken is to be calculated using the coefficients set out in the schedule. Every primary processor or producer who holds a specialty chicken licence and who markets chicken produced under a federal specialty chicken quota must pay a levy of $1.60 per kilogram on the live weight of any chicken that is marketed by them under a federal specialty chicken quota and that does not fall within the class, set out in Schedule 4 to the Canadian Chicken Licensing Regulations, for which the federal specialty chicken quota has been issued. 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. 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. 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 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 Commodity Board or person authorized by CFC, not later than two weeks after the sale of the live chicken in interprovincial or export trade. The levy to be remitted under section 7 must be accompanied by a statement, on a form approved by CFC, that sets out in the case of the levy remitted by a processor or dealer, the name and address of each producer from whom the levy was collected, the number of head and the number of kilograms of live chicken purchased from the producer, and the amount of levy remitted in respect of the producer; and in the case of the levy remitted by a producer, the name and address of the producer, the number of head and the number of kilograms of live chicken marketed by the producer, and the amount of levy remitted. [Repealed, SOR/2015-228, s. 4] CFC, having obtained the concurrence of each Commodity Board, appoints each Commodity Board to collect the levies payable under subsection 4(1) on behalf of CFC. Levies collected on behalf of CFC in accordance with subsection (1) are payable to CFC by each Commodity Board. CFC shall issue a notice of assessment to every primary processor who must pay a levy under subsection 5(1). Within 20 days after the day on which the notice of assessment is received, the primary processor shall pay the levy; or advise CFC in writing that it intends to dispute the notice. 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 was not reasonably foreseeable; 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 was beyond the control of the primary processor. 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 and issue a final assessment determination. [Repealed, SOR/2015-228, s. 6] The primary processor shall remit the levy within 35 days after the day on which the final assessment determination is received. CFC shall issue a notice of assessment to every primary processor or producer who must pay a levy under section 5.1. Within 20 days after the day on which the notice of assessment is received, the primary processor or producer shall Within 30 days after the day on which the notice of assessment is received, the primary processor or producer may dispute the notice by providing CFC with documents or information, in writing, whose purpose is to establish that the failure to comply with the conditions set out in paragraph 5(7)(d) of the Canadian Chicken Licensing Regulations is due to an event that rendered it impossible, through no fault of the primary processor or producer, for the primary processor or producer to market the classes of chicken for which the federal specialty chicken quota was issued; and was beyond the control of the primary processor or producer. If the documents or information establish that the failure is due to an event described in subsection 13(2), CFC shall issue to the primary processor or producer 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 the purposes of issuing a final assessment determination. If CFC does not issue to the primary processor or producer a notice that cancels the notice of assessment, CFC shall issue a final assessment determination. The primary processor or producer shall remit the levy within 35 days after the day on which the final assessment determination is received. The following coefficients apply to the calculation of the live weight equivalent of chicken marketed: If further processed products, other than mechanically separated meat and meat processed by advanced meat recovery systems, are derived from the products listed in section 1, the chicken meat component qualifies for the calculation of the live weight equivalent.