Canadian Egg Marketing Agency Proclamation (C.R.C., c. 646)

Regulations are current to 2014-12-08

Canadian Egg Marketing Agency Proclamation

C.R.C., c. 646

FARM PRODUCTS AGENCIES ACT

Canadian Egg Marketing Agency Proclamation

Know You that We, by and with the advice of Our Privy Council for Canada, do by this Our Proclamation establish an agency to be known as the Canadian Egg Marketing Agency, consisting of fifteen members appointed in the manner and for the terms set out in the schedule hereto.

And Know You Further that We are pleased to specify that the farm product in relation to which the Canadian Egg Marketing Agency may exercise its powers is eggs from domestic hens, and such powers may be exercised in relation to eggs produced anywhere in Canada.

And Know You Further that We are pleased to specify that the manner of designation of the chairman and vice-chairman of the Canadian Egg Marketing Agency, the place within Canada where the head office of the Agency is situated and the terms of the marketing plan that the Agency is empowered to implement shall be as set forth in the schedule hereto.

And Know You Further that We are pleased to specify that this Proclamation and the Schedule hereto may be cited as the Canadian Egg Marketing Agency Proclamation.

SOR/96-140, s. 1; SOR/99-186, s. 1.

SCHEDULE

  • 1. In this Schedule,

    “Act”

    “Act” means the Farm Products Agencies Act; (Loi)

    “Agency”

    “Agency” means the Canadian Egg Marketing Agency established by the proclamation of which this schedule is a part; (Office)

    “Canadian Hatchery Federation”

    “Canadian Hatchery Federation” means the Canadian Hatchery Federation, a body corporate established in Canada by letters patent dated August 5, 1987; (Fédération canadienne des couvoirs)

    “Canadian Poultry and Egg Processors Council”

    “Canadian Poultry and Egg Processors Council” means the Canadian Poultry and Egg Processors Council, a body corporate established in Canada by letters patent dated November 12, 1974; (Conseil canadien des transformateurs d’oeufs et de volailles)

    “Commodity Board”

    “Commodity Board” means any of the following:

    • (a) Newfoundland Egg Marketing Board,

    • (b) Prince Edward Island Egg Commodity Marketing Board,

    • (c) Nova Scotia Egg and Pullet Producers’ Marketing Board,

    • (d) New Brunswick Egg Marketing Board,

    • (e) Eggs for Consumption Producers’ Federation, Quebec,

    • (f) Ontario Egg Producers,

    • (g) Manitoba Egg Producers,

    • (h) Saskatchewan Egg Producers,

    • (i) Alberta Egg and Fowl Marketing Board,

    • (j) British Columbia Egg Producers, and

    • (k) Northwest Territories Egg Producers; (Office de commercialisation)

    “Consumers Association of Canada”

    “Consumers Association of Canada” means the Consumers Association of Canada, a body corporate established in Canada by letters patent dated May 1, 1962; (Association des consommateurs du Canada)

    “Plan”

    “Plan” means the marketing plan the terms of which are set out in Part II of this schedule. (Plan)

PART ITHE AGENCY

    • 2. (1) The Commodity Board for a province may, at any time, appoint a person who is a resident of that province to be a member of the Agency to hold office until the end of the Agency’s annual meeting next following the appointment.

    • (2) The Canadian Hatchery Federation may, at any time, appoint a person who is a resident of Canada and who is experienced in the business or trade of the hatching of chicks for egg production, to be a member of the Agency to hold office until the end of the Agency’s second annual meeting next following the appointment.

    • (3) The Canadian Poultry and Egg Processors Council may, at any time, appoint a person who is a resident of Canada and who is experienced in the business or trade of the grading of table eggs, and may, at any time, appoint a person who is a resident of Canada and who is experienced in the business or trade of the processing of table eggs, to be members of the Agency, and each person so appointed shall hold office until the end of the Agency’s second annual meeting next following the appointments.

    • (4) The Consumers Association of Canada may, at any time, appoint a person who is a resident of Canada to be a member of the Agency to hold office until the end of the Agency’s second annual meeting next following the appointment.

    • (5) A Commodity Board or an organization referred to in subsections (2) to (5) may, at any time, appoint a person with the same qualifications for membership as are required for a member to be appointed by the Board or organization, to be a temporary substitute member to act in the place of each member appointed by it when that member is absent, is unable to act or is elected Chairperson of the Agency, to hold office as a temporary substitute member until the member in whose place the temporary substitute member is appointed to act, ceases to be a member.

    • (6) A Commodity Board or an organization referred to in subsections (2) to (5) may, at any time, revoke the membership of a member or temporary substitute member appointed by it.

  • 3. The members of the Agency shall, at each of their annual meetings, elect from among themselves a chairperson and a vice-chairperson, and the persons so elected shall hold office until the end of the Agency’s annual meeting next following the appointments.

  • 4. The head office of the Agency shall be in the National Capital Region described in the schedule to the National Capital Act.

PART IITHE MARKETING PLAN

  • 1. In this Part,

    “Board”

    “Board” means any of the following:

    • (a) The Agricultural Products Board (Newfoundland),

    • (b) Prince Edward Island Marketing Board,

    • (c) Nova Scotia Marketing Board,

    • (d) Farm Products Marketing Commission (New Brunswick),

    • (e) Quebec Agricultural Marketing Board,

    • (f) The Farm Products Marketing Board (Ontario),

    • (g) The Manitoba Marketing Board,

    • (h) Natural Products Marketing Council of Saskatchewan,

    • (i) Alberta Agricultural Products Marketing Council,

    • (j) The British Columbia Marketing Board,

    • (k) Northwest Territories Agricultural Products Marketing Council; (Régie)

    “marketing”

    “marketing”, in relation to eggs, means selling and offering for sale and buying, pricing, assembling, packing, processing, transporting, storing and reselling, whether in whole or in processed form; (commercialisation)

    “quota”

    “quota” means the number of dozens of eggs that an egg producer is entitled to market in interprovincial or export trade through normal marketing channels, or to have marketed on his behalf by the Agency in interprovincial or export trade, during a specified period of time; (contingent)

    “quota system”

    “quota system” means a system whereby egg producers are assigned quotas by the Agency thus enabling the Agency to fix and determine the quantity, if any, in which eggs or any variety, class or grade thereof may be marketed in interprovincial or export trade by each egg producer and by all egg producers. (système de contingentement)

Quota System

    • 2. (1) The Agency shall, by order or regulation, establish a quota system by which quotas are assigned to all members of classes of egg producers in each province to whom quotas are assigned by the appropriate Board or Commodity Board.

    • (2) The Agency, in establishing a quota system, shall assign quotas in such manner that the number of dozens of eggs produced in a province and authorized to be marketed in interprovincial and export trade in the year 1973, when taken together with the number of dozens of eggs produced in the province and authorized to be marketed in intraprovincial trade in the same year, pursuant to quotas assigned by the appropriate Board or Commodity Board, and the number of dozens of eggs produced in the province and anticipated to be marketed in the same year, other than as authorized by a quota assigned by the Agency or by the appropriate Board or Commodity Board, will equal the number of dozens of eggs set out in section 3 of this Plan for the province.

  • 3. For the purposes of subsection 2(2) of this Plan, the number of dozens of eggs set out in this section for a province is the number of dozens set out in Column II of an item of the following table in respect of the province set out in Column I of that item, such number of dozens representing the percentage set out in Column III of that item.

    TABLE

    Column IColumn IIColumn III
    1.British Columbia57,250,00012.055per cent
    2.Alberta41,344,0008.704per cent
    3.Saskatchewan22,611,0004.760per cent
    4.Manitoba54,189,00011.408per cent
    5.Ontario181,267,00038.161per cent
    6.Quebec78,647,00016.556per cent
    7.New Brunswick8,683,0001.828per cent
    8.Nova Scotia19,504,0004.106per cent
    9.Prince Edward Island3,028,0000.637per cent
    10.Newfoundland8,477,0001.785per cent
    • 4. (1) No order or regulation shall be made where the effect thereof would be to increase the aggregate of

      • (a) the number of dozens of eggs produced in a province and authorized by quotas assigned by the Agency and by the appropriate Board or Commodity Board to be marketed in intraprovincial, interprovincial and export trade, and

      • (b) the number of dozens of eggs produced in a province and anticipated to be marketed in intraprovincial, interprovincial and export trade other than as authorized by quotas assigned by the Agency and by the appropriate Board or Commodity Board

      to a number that exceeds, on a yearly basis, the number of dozens of eggs set out in section 3 of this Plan for the province unless the Agency has taken into account

      • (c) the principle of comparative advantage of production;

      • (d) any variation in the size of the market for eggs;

      • (e) any failures by egg producers in any province or provinces to market the number of dozens of eggs authorized to be marketed;

      • (f) the feasibility of increased production in each province to be marketed; and

      • (g) comparative transportation costs to market areas from alternative sources of production.

    • (2) No order or regulation shall be made where the effect thereof would be to decrease the aggregate of

      • (a) the number of dozens of eggs produced in the Province of New Brunswick, Prince Edward Island or Newfoundland and authorized by quotas assigned by the Agency and by the appropriate Board or Commodity Board to be marketed in intraprovincial, interprovincial and export trade; and

      • (b) the number of dozens of eggs produced in the Province of New Brunswick, Prince Edward Island or Newfoundland and anticipated to be marketed in intraprovincial, interprovincial and export trade other than as authorized by quotas assigned by the Agency and by the appropriate Board or Commodity Board.

    • (3) No order or regulation shall be made where the effect thereof would be to decrease the aggregate of

      • (a) the number of dozens of eggs produced in a province and authorized by quotas assigned by the Agency and by the appropriate Board or Commodity Board to be marketed in intraprovincial, interprovincial and export trade, and

      • (b) the number of dozens of eggs produced in a province and anticipated to be marketed in intraprovincial, interprovincial and export trade other than as authorized by quotas assigned by the Agency and by the appropriate Board or Commodity Board,

      to a number that, on a yearly basis, is less than the number of dozens of eggs set out in section 3 of this Plan for the province unless at the same time the number of dozens of eggs produced in each of the provinces, other than the Provinces of New Brunswick, Prince Edward Island and Newfoundland, and so authorized to be marketed in intraprovincial, interprovincial and export trade is decreased proportionately.

    • (4) Subsection 4(3) does not apply to the Northwest Territories.

    • (5) Pursuant to section 23 of the Act, the Agency has determined that the number of dozens of eggs produced in the Northwest Territories and authorized to be marketed in interprovincial and export trade in a twelve month period, when taken together with the number of dozens of eggs produced in the Northwest Territories and authorized to be marketed in intraprovincial trade in the same twelve month period, pursuant to quotas assigned by the appropriate Board or Commodity Board, and the number of dozens of eggs produced in the Northwest Territories and authorized to be marketed under quota exemptions in the same twelve month period, will equal 2,725,500 dozens of eggs, except for the period commencing on the day this subsection comes into force and terminating on December 31, 1999, when the number of dozens of eggs produced in the Northwest Territories and authorized to be marketed, either by quotas or by quota exemptions, shall be the product of the number of days in this period multiplied by 7,467.

    • (6) No order or regulation shall be made where its effect would be to increase the number of dozens of eggs produced in the Northwest Territories and authorized to be marketed in a twelve month period to more than 2,725,500 dozens of eggs, unless the Agency has taken into account the criteria set out in paragraphs (1)(c) to (g).

    • (7) No order or regulation shall be made where its effect would be to decrease the number of dozens of eggs produced in the Northwest Territories and authorized to be marketed in a twelve month period to less than 2,725,500 dozens of eggs, unless the unanimous consent of the members of the Agency has been obtained.

    • (8) No order or regulation shall be made pursuant to subsection (1), (3) or (6) unless the Agency is satisfied that the size of the market for eggs has changed significantly.

    • 5. (1) The Agency may require each egg producer to whom a quota is assigned, as a condition of the assignment thereof, to make available to the Agency or its agent all eggs produced by him and available to be marketed in excess of the quotas assigned to him at a price not exceeding the difference, if any, between the price realized by the Agency or its agent on the marketing of such eggs and its expenses related to such marketing.

    • (2) The Agency shall, in any province where an equivalent requirement is enforced by the appropriate Board or Commodity Board, require each egg producer to whom a quota is assigned, as a condition of the assignment thereof, to make available to the Agency or its agent all eggs to be marketed in accordance with the quota assigned to him.

  • 6. The Agency may market eggs made available to it or its agent on an individual or collective basis and may pool the receipts from the marketing thereof and deduct from the pool the expenses incurred by it or by its agent in marketing such eggs before any payment is made to the producers.

  • 7. The Agency may, with the concurrence of a Commodity Board, appoint that Commodity Board to administer on its behalf any orders or regulations made by it for the purpose of establishing and implementing a quota system.

  • 8. In making orders and regulations establishing and implementing a quota system, the Agency shall have regard to equivalent orders and regulations made by the appropriate Board or Commodity Board and shall, in so far as possible, make orders and regulations in such a manner as to complement those made by the Board or the Commodity Board.

Licensing

    • 9. (1) The Agency shall, by order or regulation, establish a system for the licensing of persons who are engaged in the marketing of eggs in interprovincial or export trade and such system may provide for the payment to the Agency of fees in respect of each licence issued pursuant to the system.

    • (2) The Agency, in establishing a licensing system pursuant to subsection (1), shall prescribe the terms and conditions to which each licence issued pursuant to the system is subject, including a condition that the person to whom the licence is issued shall at all times during the term of such licence comply with orders and regulations of the Agency.

Levies

    • 10. (1) The Agency may, by order or regulation, impose levies or charges on persons engaged in the production of eggs or the marketing thereof and any such order or regulation may classify such persons into groups and specify the levies or charges, if any, payable by the members of each such group and provide for the manner of collection thereof.

    • (2) Levies imposed by any order or regulation referred to in subsection (1) shall be established at such levels as to produce in each year a return to the Agency that is an amount sufficient to defray its administrative and marketing expenses and costs as estimated by it for the year.

    • (3) The Agency, in estimating its administrative and marketing expenses and costs for a year, shall allow for the creation of reserves, the payment of expenses and losses resulting from the sale or disposal of eggs, equalization or adjustment payments among egg producers based on moneys realized from the sale of eggs during such period or periods of time as the Agency considers appropriate and any other expenses and costs deemed essential by the Agency for the realization of its objects.

    • (4) The Agency may, with the concurrence of a Commodity Board, appoint that Commodity Board to collect on its behalf the levies or charges imposed by any order or regulation referred to in subsection (1).

Pricing

  • 11. The Agency shall exercise its powers in such a manner as to preclude any person from marketing eggs in a province other than the province in which the eggs are produced at a price that is less than the aggregate of

    • (a) the price charged at or about the same time for eggs of an equivalent variety, class or grade in the province or other geographical area in which the eggs are produced; and

    • (b) any reasonable transportation charges therefor to the place where such eggs are marketed and that are incurred by the person marketing the eggs.

General

  • 12. The Agency shall take all reasonable steps to promote a high degree of cooperation between itself and each Board and Commodity Board and, without limiting the generality of the foregoing, shall

    • (a) make available to each Board or Commodity Board the records, minutes and decisions of the Agency in relation to any matter that is of concern to the particular Board or Commodity Board;

    • (b) allow an officer or employee of a Board or Commodity Board who is designated by the Board or Commodity Board for such purpose to attend meetings of the Agency at which any matter that is of concern to the particular Board or Commodity Board is likely to be discussed and for such purpose shall give notice of such meetings to the officer or employee so designated; and

    • (c) give notice of each order or regulation that it proposes to make to each Board or Commodity Board that is likely to be affected in its operation by the enactment of the order or regulation.

Review of Marketing Plan

    • 13. (1) The Agency shall, at least once in each year and as often as a meeting is requested as provided in subsection (2), hold a meeting for the purpose of reviewing the terms of this marketing plan and of any orders and regulations made under the Act to implement the Plan with a view to determining whether or not any modifications are required in order to facilitate the carrying out by the Agency of its objects.

    • (2) A meeting referred to in subsection (1) shall be held as soon as is reasonably convenient after receipt by the Agency of a written request for such a meeting from the Board and Commodity Board for each of at least two provinces.

    • SOR/81-713, s. 1;
    • SOR/96-140, ss. 2, 3;
    • SOR/99-186, ss. 2 to 4.