Canadian Chicken Marketing Quota Regulations (SOR/2002-36)

Regulations are current to 2016-06-06 and last amended on 2016-05-15. Previous Versions

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CFC[Repealed, SOR/2015-229, s. 1]

chicken

chicken[Repealed, SOR/2015-229, s. 1]

federal market development quota

federal market development quota means the number of kilograms of chicken, expressed in live weight, that, during the period referred to in the schedule, a producer is entitled under these Regulations to market in interprovincial or export trade to any holder of a market development licence issued under the Canadian Chicken Licensing Regulations. (contingent fédéral d’expansion du marché)

federal quota

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 these Regulations to market in interprovincial or export trade during the period referred to in the schedule. (contingent fédéral)

federal specialty chicken quota

federal specialty chicken 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, during the period referred to in the schedule, to any holder of a specialty chicken licence. (contingent fédéral de poulet de spécialité)

marketing

marketing[Repealed, SOR/2015-229, s. 1]

primary processor

primary processor means a processor who slaughters chicken that was produced and marketed under a federal market development quota or a federal specialty chicken quota. (transformateur primaire)

producer

producer[Repealed, SOR/2015-229, s. 1]

Provincial Commodity Board

Provincial Commodity Board[Repealed, SOR/2015-229, s. 1]

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 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 a provincial market development quota or provincial specialty chicken quota, that a producer is entitled, under any orders, regulations, policy directives, permits or other form for making quota allotments made or issued by the 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)

provincial specialty chicken quota

provincial specialty chicken quota means the number of kilograms of chicken, expressed in live weight, that a producer is entitled, under any orders, regulations, policy directives, permits or other form for making quota allotments made or issued by the 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, to any holder of a specialty chicken licence. (contingent provincial de poulet de spécialité)

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)

specialty chicken licence

specialty chicken licence means a specialty chicken licence that is issued by CFC under the Canadian Chicken Licensing Regulations. (permis de poulet de spécialité)

  • SOR/2010-268, s. 1;
  • SOR/2012-8, s. 1(E);
  • SOR/2014-144, s. 1;
  • SOR/2015-229, ss. 1, 2(E).

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 Commodity Board.

  • SOR/2015-229, s. 2(E).

Marketing Prohibitions

 No producer may market chicken in interprovincial or export trade

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

  • (b) in excess of the federal quota, federal market development quota or federal specialty chicken quota referred to in paragraph (a), taking into account any adjustment made under subsection 6(3) of the schedule to the Chicken 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 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, federal market development quotas and federal specialty chicken quotas.

  • SOR/2014-144, s. 2;
  • SOR/2015-229, s. 2(E).

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 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 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.

  • SOR/2015-229, s. 2(E).

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 Commodity Board of the province minus the quantity of chicken marketed by the producer in intraprovincial trade in the province during that period.

  • SOR/2015-229, s. 2(E).

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 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 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).

  • SOR/2015-229, s. 2(E).

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 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.

  • SOR/2015-229, s. 2(E).

Entitlement to a Federal Specialty Chicken Quota

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

  • (a) is allotted a federal quota, on behalf of CFC, by the Commodity Board of the province in which the producer’s registered production facilities are located;

  • (b) is allotted a provincial specialty chicken quota or provincial quota under the rules of the Commodity Board of the province in which the producer’s registered production facilities are located;

  • (c) has elected to participate in a specialty chicken quota program;

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

  • (e) has the registered production facilities that are required to raise the chicken authorized to be marketed;

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

  • (g) has made arrangements with a primary processor to process the volumes of specialty chicken requested or has the processing facilities that are required to process the chicken authorized to be marketed.

  • SOR/2014-144, s. 3;
  • SOR/2015-229, s. 2(E).
 
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