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  1. Canadian Hatching Egg Producers Proclamation - SOR/87-40 (SCHEDULE)
    Canadian Hatching Egg Producers Proclamation

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    1 In this schedule,

    broiler hatching egg

    broiler hatching egg means an egg that is suitable for incubation and is to be hatched as a chick for chicken production; (oeuf d’incubation de poulet de chair)

    non-signatory provinces

    non-signatory provinces means the Provinces of Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland and Labrador as well as Yukon, the Northwest Territories and Nunavut; (provinces non signataires)

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    • 2 (1) The Governor in Council shall appoint as the first members of the Agency the existing directors of the Canadian Broiler Hatching Egg Producers Association that are from the signatory provinces and such members shall hold office until the expiration of the first fiscal year of the Agency, as fixed by by-law of the Agency.

    • (2) Subject to subsections (1) and (5), the members of the Agency shall be appointed as follows to hold office for a term of two years:

      • [...]

      • (b) where there are four or fewer provincial commodity board members, the Canadian Hatchery Federation shall appoint one person as a member who is a resident of Canada; and

      • (c) where there are five or more provincial commodity board members, the Canadian Hatchery Federation shall appoint two persons as members who are residents of Canada, one of whom shall represent the region west of the Ontario-Manitoba border and one of whom shall represent the region east of the Ontario-Manitoba border.

    • [...]

    • (3) A Commodity Board or the Canadian Hatchery Federation may appoint a person with the same qualifications for membership as are required for a member to be appointed by the Board or Federation 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 and 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.

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    3 The members of the Agency shall, at their first meeting and annually thereafter at the first meeting next following each annual meeting of the Agency, elect from among themselves a chairman and a vice-chairman of the Agency, and the chairman and vice-chairman so elected shall hold office as such until their successors are elected in accordance with this section.

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    • (3) Subject to section 6, the Agency, in establishing the quota system pursuant to subsection (1), shall provide for the allotment of quotas in such a manner that the maximum number of broiler hatching eggs produced in a province and authorized pursuant to quotas to be marketed in interprovincial or export trade in the twelve month period commencing on the effective date of regulations made by the Agency for the purpose of implementing the quota system when taken together with the number of broiler hatching eggs produced in the province and authorized pursuant to quotas allotted by the Commodity Board of the province to be marketed in intraprovincial trade in the same period, and the number of broiler hatching eggs produced in the province and anticipated to be marketed in the same period as authorized other than by such quotas will equal the total number of broiler hatching eggs set out for the province in the table to this section.

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    6 The Agency shall not make any order or regulation that would have the effect of increasing or decreasing the aggregate of

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    • (b) the total number of broiler hatching eggs produced and anticipated to be marketed in interprovincial, export and intraprovincial trade as authorized other than by such quotas

    to a number that in any twelve month period or, for the first allocation of the Agency, a portion thereof is more or less than, as the case may be, the total number of broiler hatching eggs set out in the table to section 5 for the province unless the Agency has applied the allocation system set out in Schedule “B” annexed to the Federal Provincial Agreement authorized to be entered into by the Minister of Agriculture for Canada by Order in Council P.C. 1986-2653 of November 27, 1986Footnote *.

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    6.2 The Agency shall not make any order or regulation that would have the effect of increasing or decreasing the total number of chicks produced in a non-signatory province or in an area that comprises non-signatory provinces and authorized pursuant to quotas referred to in subsection 6.1(2) to be marketed into a signatory province to a number that, in any 12 month period or, for the first allocation of the Agency, a portion thereof, is more or less than, as the case may be, the total number of chicks set out in the table to section 6.1 in respect of the province or area unless

    • (a) the Agency increases or decreases the total number of chicks for the province by the same percentage as the Agency increases or decreases, as the case may be, for that period, or portion thereof, the total number of broiler hatching eggs set out in the table to section 5 in respect of the province; or

    • (b) the Agency increases or decreases the total number of chicks for the area by the average percentage the Agency increases or decreases, as the case may be, for that period, or portion thereof, the total number of broiler hatching eggs set out in the table to section 5 in respect of the provinces the area comprises.

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    • (2) Levies or charges referred to in paragraph (1)(a) shall be established at levels that are calculated to produce in each year a return to the Agency that is sufficient in amount to defray its administrative and marketing expenses and costs, as estimated by it, for a year and the charges referred to in paragraph (1)(b) shall be a charge on persons for marketings in excess of their authorized quota allotments.

    • (3) The Agency, in estimating its administrative and marketing expenses and costs for a year, may allow for the creation of reserves as the Agency considers appropriate and for any other expenses and costs deemed essential by the Agency for the realization of its objectives.

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    10 The Agency shall take all reasonable steps to promote a high degree of co-operation between itself and each Commodity Board and, without limiting the generality of the foregoing, shall

    • (a) make available to each Commodity Board the records, minutes and decisions of the Agency and such other information as may reasonably be required by the Commodity Board for the exercise of its powers and responsibilities;

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    • 11 (1) The Agency shall hold an annual meeting in each year for the purpose of reviewing the terms of the Plan and the terms 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 and shall hold such other meetings as it considers necessary or as required by subsection (2).

    • (2) Where the Agency receives, from the Commodity Board for each of at least two provinces, a request for the holding of a meeting, other than the annual meeting, for the purpose referred to in subsection (1), the Agency shall hold such other meeting as soon as is reasonably convenient after receipt of the request.


  2. Canadian Hatching Egg Producers Proclamation - SOR/87-40
    Canadian Hatching Egg Producers Proclamation

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    Now 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 Canadian Hatching Egg Producers, consisting of eight members appointed in the manner and for the terms set forth in the schedule hereto.

    And Know You Further that We are pleased to specify that the farm products in relation to which Canadian Hatching Egg Producers may exercise its powers are broiler hatching eggs and chicks produced for chicken production, and such powers may be exercised in relation to

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    • (b) broiler hatching eggs and chicks produced for chicken production in the Provinces of Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland and Labrador as well as Yukon, the Northwest Territories and Nunavut and shipped into the Provinces of Ontario, Quebec, Manitoba, British Columbia, Saskatchewan and Alberta in interprovincial trade and not for export.

    And Know You Further that We are pleased to specify that Canadian Hatching Egg Producers shall not, in relation to chicks produced for chicken production, be authorized to exercise its powers pursuant to section 22 of the Farm Products Agencies Act, save and except to make such orders and regulations as it considers necessary

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    And Know You Further that We are pleased to specify that the manner of designation of the chairman and vice-chairman of Canadian Hatching Egg Producers, the place within Canada where the head office of Canadian Hatching Egg Producers is situated and the terms of the marketing plan that Canadian Hatching Egg Producers 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 Hatching Egg Producers Proclamation.

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