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Canadian Chicken Licensing Regulations (SOR/2002-22)

Regulations are current to 2020-01-27 and last amended on 2018-11-23. Previous Versions

Canadian Chicken Licensing Regulations

SOR/2002-22

FARM PRODUCTS AGENCIES ACT

Registration 2001-12-17

Canadian Chicken Licensing 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;

Therefore, Chicken Farmers of Canada, pursuant to paragraph 22(1)(f) of the Farm Products Agencies ActFootnote c and section 11Footnote d of the schedule to the Chicken Farmers of Canada ProclamationFootnote a, hereby makes the annexed Canadian Chicken Licensing Regulations.

Ottawa, December 14, 2001

Interpretation

 The following definitions apply in these Regulations.

affiliated body

affiliated body of a body corporate means another body corporate that is affiliated with it in the sense that

  • (a) one of the bodies corporate is the subsidiary of the other;

  • (b) both of the bodies corporate are subsidiaries of the same body corporate; or

  • (c) each of the bodies corporate is controlled by the same person. (personne morale affiliée)

associate

associate, when used to indicate a relationship with any person, means

  • (a) a body corporate of which that person beneficially owns or controls, directly or indirectly, shares or securities currently convertible into shares carrying voting rights under all circumstances or by reason of the occurrence of an event that has occurred and is continuing, or a currently exercisable option or right to purchase such shares or such convertible securities;

  • (b) a partner of that person acting on behalf of the partnership of which they are partners;

  • (c) a trust or estate in which that person has a beneficial interest or in respect of which that person serves as a trustee or in a similar capacity;

  • (d) a spouse of that person or an individual who is cohabiting with that person in a conjugal relationship, having so cohabited for a period of at least one year;

  • (e) a child of that person or of the spouse or individual referred to in paragraph (d);

  • (f) a relative of that person or of the spouse or individual referred to in paragraph (d), if that relative has the same residence as that person;

  • (g) an employer or employee of that person; and

  • (h) an officer or director of that person’s business. (lien)

CFC

CFC[Repealed, SOR/2015-227, s. 1]

chicken

chicken[Repealed, SOR/2015-227, s. 1]

consumer

consumer means a person who buys chicken for consumption by the person or the person’s household. (consommateur)

dealer

dealer means a person, other than a processor or retailer, who buys chicken for resale. (négociant)

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 the Canadian Chicken Marketing Quota Regulations, to market in interprovincial or export trade to market development licensees during the period referred to in the schedule to those Regulations. (contingent fédéral d’expansion du marché)

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 the Canadian Chicken Marketing Quota Regulations, to market in interprovincial or export trade to specialty chicken licensees during the period referred to in the schedule to those Regulations. (contingent fédéral de poulet de spécialité)

licence

licence means a document issued by CFC to a person certifying that the person is a licensee. (permis)

market development commitment form

market development commitment form means the form set out in Schedule 1. (formulaire d’engagement pour l’expansion du marché)

market development commitment period

market development commitment period means the period that spans the following three periods:

  • (a) the period referred to in section 1 of the market development commitment form set out in Schedule 1;

  • (b) the period referred to in the schedule to the Canadian Chicken Marketing Quota Regulations that immediately precedes the period referred to in paragraph (a); and

  • (c) the period referred to in the schedule to the Canadian Chicken Marketing Quota Regulations that immediately follows the period referred to in paragraph (a). (période d’engagement pour l’expansion du marché)

marketing

marketing[Repealed, SOR/2015-227, s. 1]

mature chicken

mature chicken means a mature female bird of the species Gallus Domesticus that does not have flexible cartilage at the posterior end of the breast or keel bone, tender meat or soft skin of smooth texture. (poulet adulte)

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 issued under the Canadian Chicken Marketing Quota Regulations. (transformateur primaire)

processing

processing means the slaughtering of chicken or the changing of the nature, size, quality or condition of slaughtered chicken. (transformation)

processor

processor means a person who is engaged in the business of processing and otherwise marketing chicken. (transformateur)

producer

producer[Repealed, SOR/2015-227, s. 1]

producer-processor

producer-processor means a person who raises, processes and otherwise markets chicken or offers for sale, sells or stores chicken produced and processed by that person. (producteur-transformateur)

Provincial Commodity Board

Provincial Commodity Board[Repealed, SOR/2015-227, s. 1]

Provincial Supervisory Board

Provincial Supervisory Board[Repealed, SOR/2015-227, s. 1]

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)

retailer

retailer means a person who offers chicken for sale, or sells it, directly to consumers. (détaillant)

specialty chicken

specialty chicken means chicken belonging to any class listed in Schedule 4. (poulet de spécialité)

specialty chicken commitment form

specialty chicken commitment form means the form set out in Schedule 5. (formulaire d’engagement pour le poulet de spécialité)

spent fowl

spent fowl means laying hens at the end of egg production or breeders at the end of breeding production. (volaille de réforme)

transporter

transporter means a person who transports live chicken for delivery to a processor, and includes a processor who transports live chicken in vehicles owned or leased by the processor. (transporteur)

  • SOR/2004-2, s. 1
  • SOR/2007-249, s. 1
  • SOR/2010-76, s. 1
  • SOR/2011-244, s. 1
  • SOR/2014-143, s. 1
  • SOR/2014-263, s. 1
  • SOR/2015-227, s. 1
  • SOR/2017-212, s. 1

Application

 These Regulations apply to the marketing of chicken in interprovincial or export trade.

General

 No person may engage in the marketing of chicken in interprovincial or export trade as a producer, producer-processor, primary processor, processor, dealer, retailer or transporter unless the person

  • (a) holds the appropriate licence referred to in section 6;

  • (b) pays to CFC the fee set out in section 6 for the licence; and

  • (c) complies with the conditions that the licence is subject to under section 5.

  • SOR/2007-249, s. 2

Issuance of Licences

  •  (1) Subject to sections 8 and 9, within 30 days after the receipt of a licence application in a form approved by CFC and the payment of the applicable fee set out in section 6, CFC shall issue a licence to a producer, producer-processor, primary processor, processor, dealer, retailer or transporter, engaged in the marketing of chicken in interprovincial or export trade.

  • (2) An application form referred to in subsection (1) must set out

    • (a) the name, address, telephone number, fax number and e-mail address of the applicant;

    • (b) the type of licence for which the application is made;

    • (c) a statement of the conditions that the licence is subject to under these Regulations; and

    • (d) the date on which the licence expires.

  • (3) Every licence issued with an effective date after December 31, 2007 expires on December 31 of the fifth year after it was issued unless it is revoked before that day.

  • (4) If a licensee fails, during the period of validity of the licence, to fulfil a condition set out in subsection 5(1) or (3), their obligation to comply with the unfulfilled condition is to survive the expiration or revocation of the licence.

  • (5) A licence issued under these Regulations is not transferable.

  • (6) If a licensee sells or otherwise disposes of or discontinues their business prior to the expiry of the licence, the licensee shall return the licence to CFC and CFC shall revoke the licence.

  • SOR/2007-249, s. 3
  • SOR/2011-244, s. 2
 
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