Version of document from 2007-04-29 to 2007-06-23:

Canadian Chicken Marketing Quota Regulations

SOR/2002-36

FARM PRODUCTS AGENCIES ACT

Registration 2001-12-24

Canadian Chicken Marketing Quota Regulations

Whereas the Governor in Council has, by the Chicken Farmers of Canada ProclamationFootnote a, established Chicken Farmers of Canada pursuant to subsection 16(1)Footnote b of the Farm Products Agencies ActFootnote c;

Whereas Chicken Farmers of Canada has been empowered to implement a marketing plan pursuant to the Chicken Farmers of Canada ProclamationFootnote a;

Whereas the process set out in the Operating Agreement, referred to in subsection 7(1)Footnote d of the schedule to the Chicken Farmers of Canada ProclamationFootnote a, for making changes to quota allocation has been followed;

Whereas the proposed annexed Canadian Chicken Marketing Quota Regulations are regulations of a class to which paragraph 7(1)(d)Footnote e of the Farm Products Agencies ActFootnote c applies by reason of section 2 of the Agencies’ Orders and Regulations Approval OrderFootnote f, and have 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)Footnote d of the Farm Products Agencies ActFootnote c, the National Farm Products Council is satisfied that the proposed regulations are necessary for the implementation of the marketing plan that Chicken Farmers of Canada is authorized to implement, and has approved the proposed regulations;

Therefore, Chicken Farmers of Canada, pursuant to paragraph 22(1)(f) of the Farm Products Agencies ActFootnote c and subsection 6(1)Footnote g of the schedule to the Chicken Farmers of Canada ProclamationFootnote a, hereby makes the annexed Canadian Chicken Marketing Quota Regulations.

Ottawa, Ontario, December 20, 2001

INTERPRETATION

 The following definitions apply in these Regulations.

“Act”

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

“CFC”

“CFC” means Chicken Farmers of Canada. (PPC)

“chicken”

“chicken” means chicken or any part of a chicken, live or in processed form, produced in Canada and marketed in interprovincial or export trade. (poulet)

“federal market development quota”

“federal market development quota” means the number of kilograms of chicken, expressed in live weight, that a producer is entitled under these Regulations to market in interprovincial or export trade to market development licensees during the period referred to in the schedule. (contingent fédéral d'expansion du marché)

“federal quota”

“federal quota” means the number of kilograms of chicken, expressed in live weight, not including federal market development quota, that a producer is entitled under these Regulations to market in interprovincial or export trade during the period referred to in the schedule. (contingent fédéral)

“marketing”

“marketing”, in relation to chicken, whether live or in processed form, means selling or offering it for sale or buying, pricing, assembling, packing, processing, transporting or storing it or any other act necessary to prepare it in a form, or to make it available at a place and time, for purchase for consumption or use. (commercialisation)

“producer”

“producer” means a person who raises chicken for processing, for sale to the public or for use in products manufactured by the person. (producteur)

“Provincial Commodity Board”

“Provincial Commodity Board” means in respect of

  • (a) the Province of Ontario, Chicken Farmers of Ontario;

  • (b) the Province of Quebec, the Fédération des producteurs de volailles du Québec;

  • (c) the Province of Nova Scotia, Chicken Farmers of Nova Scotia;

  • (d) the Province of New Brunswick, the New Brunswick Chicken Marketing Board;

  • (e) the Province of Manitoba, Manitoba Chicken Producers;

  • (f) the Province of British Columbia, the British Columbia Chicken Marketing Board;

  • (g) the Province of Prince Edward Island, the Prince Edward Island Poultry Meat Commodity Marketing Board;

  • (h) the Province of Saskatchewan, Chicken Farmers of Saskatchewan;

  • (i) the Province of Alberta, Alberta Chicken Producers; and

  • (j) the Province of Newfoundland and Labrador, the Newfoundland Chicken Marketing Board. (Office de commercialisation)

“provincial market development quota”

“provincial market development quota” means the number of kilograms of chicken, expressed in live weight, that a producer is entitled, under orders, regulations, policy directives, permits or any other form for making quota allotments made or issued by the Provincial Commodity Board of the province in which the producer's registered production facilities are located, to market in intraprovincial trade during the period referred to in the schedule. (contingent provincial d'expansion du marché)

“provincial quota”

“provincial quota” means the number of kilograms of chicken, expressed in live weight, not including provincial market development quota, that a producer is entitled, under orders, regulations, policy directives, permits or any other form for making quota allotments made or issued by the Provincial Commodity Board of the province in which the producer's registered production facilities are located, to market in intraprovincial trade during the period referred to in the schedule. (contingent provincial)

“registered production facilities”

“registered production facilities” means production facilities that are registered under the laws of the province in which they are situated. (installations de production agréées)

APPLICATION

  •  (1) Subject to subsection (2), these Regulations apply to the marketing of chicken in interprovincial or export trade.

  • (2) These Regulations do not apply to the marketing of chicken under quota exemptions authorized by a Provincial Commodity Board.

MARKETING PROHIBITIONS

 No producer may market chicken in interprovincial or export trade

  • (a) unless a federal quota or a federal market development quota has been allotted to the producer, on behalf of CFC, by the Provincial Commodity Board of the province in which the producer's registered production facilities are located;

  • (b) in excess of either the federal quota or the federal market development quota referred to in paragraph (a), taking into account any adjustment made under section 6(3) of the schedule to the Canadian Farmers of Canada Proclamation;

  • (c) unless the chicken is marketed during the period during which chicken produced in the province in which the producer's registered production facilities are located is authorized to be marketed; or

  • (d) contrary to any rules that the Provincial Commodity Board referred to in paragraph (a) has been authorized by CFC, under subsection 22(3) of the Act, to apply in performing, on behalf of CFC, the function of allotting and administering federal quotas and federal market development quotas.

ENTITLEMENT TO A FEDERAL QUOTA

 A producer is entitled to be allotted a federal quota if the producer

  • (a) is allotted a provincial quota under the rules of the Provincial Commodity Board of the province in which the producer's registered production facilities are located;

  • (b) is in compliance with the orders, regulations and rules of the Provincial Commodity Board in connection with that provincial quota;

  • (c) is in compliance with the rules referred to in paragraph 3(d); and

  • (d) is in compliance with the orders and regulations of CFC.

RELATIONSHIP OF FEDERAL QUOTA TO PROVINCIAL QUOTA

 The quantity of chicken that a producer is authorized to market from a province under a federal quota for the period referred to in the schedule is equal to the quota allotment to the producer for that period by the Provincial Commodity Board of the province minus the quantity of chicken marketed by the producer in intraprovincial trade in the province during that period.

ENTITLEMENT TO A FEDERAL MARKET DEVELOPMENT QUOTA

 A producer is entitled to be allotted a federal market development quota if the producer

  • (a) is allotted a provincial market development quota or provincial quota under the rules of the Provincial Commodity Board of the province in which the producer's registered production facilities are located;

  • (b) has elected to participate in a market development quota program;

  • (c) is in compliance with the orders, regulations and rules of the Provincial Commodity Board in connection with that program;

  • (d) has the registered production facilities required to raise the chicken authorized to be marketed; and

  • (e) is in compliance with the rules referred to in paragraph 3(d).

MARKETING UNDER A FEDERAL MARKET DEVELOPMENT QUOTA

 If a producer is allotted a federal market development quota, the chicken produced under the quota must be marketed by the producer in accordance with the Canadian Chicken Licensing Regulations during the period referred to in the schedule to a person who holds a valid market development licence issued under those Regulations.

RELATIONSHIP OF FEDERAL AND PROVINCIAL MARKET DEVELOPMENT QUOTA

 The number of kilograms of chicken that a producer is authorized to market from a province under a federal market development quota allocation by or on behalf of CFC for the period referred to in the schedule is equal to the provincial market development quota allotted to the producer for that period by the Provincial Commodity Board of the province minus the number of kilograms of chicken marketed by the producer under the conditions of the provincial market development quota in intraprovincial trade in that province during the period.

LIMITS

 The Provincial Commodity Board of a province must allot federal quotas to producers in the province in such manner that the aggregate of the following numbers of kilograms of chicken that is produced in the province, and authorized to be marketed, during the period referred to in the schedule will not exceed the applicable number of kilograms of chicken set out in column 2 of the schedule in respect of the province for that period:

  • (a) the number of kilograms of chicken authorized to be marketed by producers in interprovincial or export trade under federal quotas allotted on behalf of CFC by the Provincial Commodity Board;

  • (b) the number of kilograms of chicken authorized to be marketed by producers in intraprovincial trade under provincial quotas allotted by the Provincial Commodity Board; and

  • (c) the number of kilograms of chicken anticipated to be marketed by producers under quota exemptions authorized by the Provincial Commodity Board.

 The Provincial Commodity Board of a province must allot federal market development quotas to producers in the province in such manner that the aggregate of the following numbers of kilograms of chicken, expressed in live weight, that is produced in the province, and authorized to be marketed, during the period referred to in the schedule will not exceed the number of kilograms, expressed in live weight, set out in column 3 of the schedule in respect of the province for that period:

  • (a) the number of kilograms of chicken authorized to be marketed by producers in interprovincial or export trade under federal market development quotas allotted on behalf of CFC by the Provincial Commodity Board; and

  • (b) the number of kilograms of chicken authorized to be marketed by producers in intraprovincial trade under provincial market development quotas allotted by the Provincial Commodity Board.

REPEAL

 [Repeal]

COMING INTO FORCE

 These Regulations come into force on the day on which they are registered.

SCHEDULE(Sections 1, 5 and 7 to 10)LIMITS FOR PRODUCTION AND MARKETING OF CHICKEN FOR THE PERIOD BEGINNING ON APRIL 29, 2007 AND ENDING ON JUNE 23, 2007

Column 1Column 2Column 3
ItemProvinceProduction Subject to Federal and Provincial Quotas (in live weight) (kg)Production Subject to Federal and Provincial Market Development Quotas (in live weight) (kg)
1.Ont.69,180,3972,787,500
2. Que.56,414,8594,247,000
3.N.S.7,462,9340
4.N.B.5,856,0100
5.Man.8,814,997411,188
6.B.C.30,027,6393,260,528
7.P.E.I.752,0240
8.Sask.7,470,6051,045,884
9.Alta.18,951,627750,000
10.Nfld. and Lab.2,830,9710
Total207,762,06312,502,100
  • SOR/2002-64, s. 1;
  • SOR/2002-98, s. 1;
  • SOR/2002-201, s. 1;
  • SOR/2002-282, s. 1;
  • SOR/2002-333, s. 1;
  • SOR/2002-411, s. 1;
  • SOR/2003-17, s. 1;
  • SOR/2003-91, s. 1;
  • SOR/2003-164, s. 1;
  • SOR/2003-165, s. 1;
  • SOR/2003-308, s. 1;
  • SOR/2003-342, s. 1;
  • SOR/2003-366, s. 1;
  • SOR/2004-5, s. 1;
  • SOR/2004-30, s. 1;
  • SOR/2004-166, s. 1;
  • SOR/2004-178, s. 1;
  • SOR/2004-179, s. 1;
  • SOR/2004-242, s. 1;
  • SOR/2005-3, s. 1;
  • SOR/2005-57, s. 1;
  • SOR/2005-118, s. 1;
  • SOR/2005-194, s. 1;
  • SOR/2005-222, s. 1;
  • SOR/2005-287, s. 1;
  • SOR/2005-374, s. 1;
  • SOR/2006-21, s. 1;
  • SOR/2006-45, s. 1;
  • SOR/2006-63, s. 1;
  • SOR/2006-125, s. 1;
  • SOR/2006-178, s. 1;
  • SOR/2006-277, s. 1;
  • SOR/2007-3, s. 1;
  • SOR/2007-46, s. 1;
  • SOR/2007-85, s. 1.