Beef Cattle Research, Market Development and Promotion Levies Order

Beef Cattle Research, Market Development and Promotion Levies Order Whereas the Governor in Council has, by the Canadian Beef Cattle Research, Market Development and Promotion Agency Proclamationa, established the Canadian Beef Cattle Research, Market Development and Promotion Agency pursuant to subsection 39(1)b of the Farm Products Agencies Actc; Whereas that Agency has been empowered to implement a promotion and research plan pursuant to that Proclamation; Whereas the proposed Beef Cattle Research, Market Development and Promotion Levies Order is an order of a class to which paragraph 7(1)(d)d of that Act 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 42(1)(d)b of that Act; And whereas, pursuant to paragraph 7(1)(d)d of that Act, the National Farm Products Council has approved the proposed Order after being satisfied that it is necessary for the implementation of the promotion and research plan that that Agency is authorized to implement; Therefore, the Canadian Beef Cattle Research, Market Development and Promotion Agency, pursuant to paragraphs 42(1)(d)b and (e)b of the Farm Products Agencies Actc and section 10 of the schedule to the Canadian Beef Cattle Research, Market Development and Promotion Agency Proclamationa, makes the annexed Beef Cattle Research, Market Development and Promotion Levies Order. Calgary, August 9, 2016 SOR/2002-48 S.C. 1993, c. 3, s. 12 R.S., c. F-4; S.C. 1993, c. 3, s. 2 S.C. 1993, c. 3, s. 7(2) C.R.C., c. 648 Definitions The following definitions apply in this Order. beef breed means any breed of beef cattle of the species Bos taurus or Bos indicus that is not a dairy breed. (race de boucherie) bob calf means any dairy breed or dairy-cross calf that is sold by a resident of Ontario and has a live weight of 68 kg or less; or is sold by a resident of Quebec and has a live weight of 109 kg or less. (jeune veau) cull cow means any beef breed, dairy breed or dairy-cross cow, heifer or bull that has been culled and is marketed for slaughter. (vache de réforme) dairy breed means any of the following breeds of cattle: Holstein, Ayrshire, Jersey, Brown Swiss, Milking Shorthorn, Guernsey and Canadienne. (race laitière) dairy-cross, in relation to cattle, describes any cattle that result from mating cattle from a dairy breed with cattle from a beef breed. (croisement laitier) dealer means a person who acts as an agent in the buying or selling of beef cattle and includes auctioneers and auction markets. (négociant) fed cattle means any finished beef breed, dairy breed or dairy-cross cattle that have been fed for the purpose of meat production and are marketed for slaughter. (bovin d’abattage) fed veal means any head of dairy breed or dairy-cross cattle fed primarily on milk or grain that is marketed for slaughter and is sold by a resident of Ontario and has a live weight of more than 204.1 kg but no more than 348.8 kg; or is sold by a resident of Quebec and has a live weight of more than 109 kg but no more than 348.8 kg. (veau d’abattage) feeder calf[Repealed, SOR/2025-162, s. 1] feeder cattle means any dairy breed, beef breed or dairy-cross cattle that are marketed for finishing before slaughter but are not bob calves or started calves. (bovin d’embouche) grain-fed calf[Repealed, SOR/2024-142, s. 1] imported beef product means a beef product that is imported into Canada and classified under one or more of the Customs Tariff tariff item numbers set out in Schedule 2. (produit de boeuf importé) importer means any person who imports beef cattle or beef products into Canada. (importateur) milk-fed calf[Repealed, SOR/2024-142, s. 1] started calf means any dairy breed or dairy-cross calf that is marketed for finishing before slaughter and is sold by a resident of Ontario, is intact and has a live weight of more than 68 kg but no more than 204.1 kg; or is sold by a resident of Quebec and has a live weight of more than 109 kg but no more than 348.8 kg. (veau de démarrage) Definition of collector Subject to subsection (2), in this Order, collector means, in Ontario, the Beef Farmers of Ontario or the Veal Farmers of Ontario; in Quebec, the Fédération des producteurs de bovins du Québec; in Nova Scotia, the Nova Scotia Cattle Producers; in New Brunswick, the New Brunswick Cattle Producers; in Manitoba, the Manitoba Cattle Producers Association; in British Columbia, the Cattle Industry Development Council; in Prince Edward Island, the Prince Edward Island Cattle Producers; in Saskatchewan, the Saskatchewan Cattlemen’s Association; in Alberta, the Alberta Beef Producers; and in Newfoundland and Labrador, the Newfoundland and Labrador Cattle Producers Association Inc. Other collector If the Agency appoints a person under subsection 10(5) of the schedule to the Canadian Beef Cattle Research, Market Development and Promotion Agency Proclamation, other than a person referred to in subsection (1), to collect on the Agency’s behalf the levies imposed by this Order for a province, that person is, for the purposes of this Order, the collector for that province. Interpretation For the purposes of sections 7 to 9 and subsection 11(3), if a dealer is involved in the purchase or sale of beef cattle, the reference to “purchaser” must be read as a reference to “dealer”. If more than one dealer is involved in the purchase or sale, the reference is to the dealer who first receives payment of the purchase price. Levy amount A resident of a province set out in column 1 of the table to this section who sells beef cattle in interprovincial trade must pay to the Agency, for each head of beef cattle sold, a levy in the amount set out in column 2. for bob calves for cull cows for fed cattle for fed veal feeder cattle for started calves [Repealed, SOR/2025-151, s. 4] Payment of levies All levies must be paid to the Agency through a collector. Deduction of levy by purchaser The purchaser must deduct the levy payable from the purchase price and remit it to the collector for the purchaser’s province of residence. Document The purchaser must, at the time of the sale, provide the seller with a document setting out the purchase price and the amount of the levy deducted. Remittance and information The purchaser must remit the levy to the collector within the period established by the laws of the purchaser’s province of residence for remitting levies payable on sales of beef cattle, together with a statement in a form established by the Agency that sets out the following information: the purchaser’s name, mailing address, telephone number and, if available, email address; the number of head of beef cattle purchased, broken down by the seller’s province of residence; the amount of levies deducted and remitted, broken down by the seller’s province of residence and by the type of beef cattle, as set out in the table to section 4; and when required to be provided under the laws of the purchaser’s province of residence, the name, mailing address, telephone number and, if available, email address of each person who sold beef cattle to them if a levy was deducted from the purchase price of those cattle during the reporting period. Records Every seller, purchaser and dealer who is subject to this Order must keep all records relating to the sale – including the records necessary to verify any of the statements provided to the Agency and the amounts of levies paid – for a period of seven years after the date on which the beef cattle were sold; and make those records available for examination by the Agency. Payment by seller not required If a levy is deducted under this Order from the purchase price, the seller is not required to pay the levy to the Agency. Proof At the request of the Agency, the seller must prove that the levy payable under this Order has been deducted. Failure to deduct levy If a purchaser fails to deduct the levy as required by section 7, the seller must remit the levy payable in respect of the sale to the Agency within 90 days after the date of the sale. Importer’s levy Each importer must pay to the Agency, for each head of beef cattle imported or each imported beef product, a levy in the amount set out in Schedule 1. Date and method of payment The levy must be paid by negotiable instrument in Canadian dollars within 15 calendar days after the date indicated on the invoice sent by the Agency. Statement The importer must include with payment of the levy a statement that sets out the following information: the importer’s name, mailing address, telephone number and, if available, email address; the number of head of beef cattle imported, broken down by delivery destination; the number of kilograms of imported beef products, broken down by Customs Tariff tariff item number, as set out in Schedule 2; the amount of the levy paid to the Agency, broken down between beef cattle and imported beef products; and the date on which the levy was paid. Refund The Agency must refund a levy paid by an importer if the importer proves to the satisfaction of the Agency that the levy was not required to be paid under subsection 12(1) or that the levy paid was more than $1.00 per head of beef cattle or per carcass equivalent of imported beef products. Every importer who is subject to this Order must keep all records relating to the importation – including the records necessary to verify any of the statements provided to the Agency and the amounts of levies paid – for a period of seven years after the date on which the beef cattle or beef products were imported; and Review of Order The Agency must review this Order at the time that it carries out the review of the promotion and research plan required under section 13 of the schedule to the Canadian Beef Cattle Research, Market Development and Promotion Agency Proclamation. Cessation of effect Section 4 and subsection 12(1) cease to have effect on June 30, 2026. [Repeal] Registration This Order comes into force on the day on which it is registered. The amount determined by the formula is the tariff, expressed in cents per kilogram, set out in column 4 of Schedule 2 for the Customs Tariff tariff item number and class of imported beef product under the Customs Tariff set out in columns 1 and 2 of Schedule 2; and is the weight, expressed in kilograms, of that imported beef product