• 4. (1) Subject to subsections (2) and (3), the method for allocating to a hatchery that is an applicant the import access quantity of hatching eggs and live broilers that may be imported into Canada in each calendar year is as follows:

  • (a) for hatching eggs, multiply the import access quantity of hatching eggs by the hatchery’s market share; and

  • (b) for live broilers, multiply the import access quantity of live broilers, expressed in egg equivalents, by the hatchery’s market share.

• (2) No hatchery shall be allocated a quantity of live broilers unless it has been allocated a quantity of hatching eggs.

• (3) The quantities of hatching eggs and live broilers (in egg equivalents) to be allocated to a hatchery in accordance with subsection (1) shall be adjusted downward in proportion to the total under-utilization (in egg equivalents) of the two quantities by the hatchery during the 12-month period preceding the calendar year during which the import allocation is to apply.

• (4) Subsection (3) shall not apply to any import allocations for the 2005 calendar year to eligible applicants in the Province of British Columbia.

5. In sections 6 and 7,

“egg products”

“egg products” means the goods set out in sections 4 to 7 of the schedule, as well as the goods set out in section 3 of the schedule if they are directed to an egg processing station for breaking; (sous-produits des oeufs)

“eggs”

“eggs” means the goods set out in section 3 of the schedule; (oeufs)

“market share”

“market share”

• (a) in the case of applicants eligible for import allocations other than those mentioned in paragraph (b), means an applicant's share of the total number of eggs or egg products, as the case may be, sold by all applicants for an import allocation for eggs or egg products, as the case may be, during the 12-month period ending on September 30 in the calendar year for which the import allocation is to apply; and

• (b) in the 2005 and 2006 calendar years, in the case of applicants in the Province of British Columbia that received an import allocation in 2004 and that are eligible for import allocations, means an applicant's share of the total number of eggs or egg products, as the case may be, sold by all applicants for an import allocation for eggs or egg products, as the case may be, during the period beginning on October 1, 2002 and ending on September 30, 2003; (part de marché)

“registered egg station”

“registered egg station” has the same meaning as in section 2 of the Egg Regulations. (poste d’oeufs agréé)