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Canadian Chicken Licensing Regulations (SOR/2002-22)

Regulations are current to 2020-09-09 and last amended on 2018-11-23. Previous Versions

Conditions of Licence (continued)

 The types of licences and the fees payable for their issuance are the following:

  • (a) for a producer’s licence, $100;

  • (b) for a producer-processor’s licence, $100;

  • (c) for a processor’s licence, $100;

  • (d) for a dealer’s’ licence, $100;

  • (e) for a retailer’s licence, $100;

  • (f) for a transporter’s licence, $100;

  • (g) for a market development licence, $100; and

  • (h) for a specialty chicken licence, $100.

  • SOR/2007-249, s. 5
  • SOR/2014-143, s. 3

 If a person is engaged in marketing chicken in more than one capacity, the person must apply to CFC for a licence in respect of each capacity.

Suspension, Revocation and Refusal to Issue or to Renew a Licence

  •  (1) Subject to subsection (3), CFC may suspend a licence if the licensee

  • (1.1) and (1.2) [Repealed, SOR/2015-227, s. 3]

  • (2) Subject to subsection (3), CFC may revoke a licence if

    • (a) the licensee fails to comply with a condition of the licence;

    • (b) the licensee is not in good standing with the Commodity Board or the Board;

    • (c) the licence has been suspended for more than 90 days and either the suspension remains in effect or no new licence has been issued to the licensee; or

    • (d) the licence has been suspended at least twice.

  • (2.1) Subject to subsection (3), CFC may refuse to issue a licence or to renew a licence for

    • (a) an applicant who previously held a licence that was suspended or revoked by CFC;

    • (b) an applicant if any associate or affiliated body of the applicant fails to comply with a condition of a licence issued under these Regulations; or

    • (c) an applicant who is not in good standing with the Commodity Board or the Board.

  • (2.2) For the purposes of paragraphs (1)(b), 2(b) and (2.1)(c), an applicant or licensee is not in good standing if CFC has been notified in writing by the Commodity Board or the Board that

    • (a) a licence issued by the Commodity Board or the Board to the applicant or licensee has been suspended and either the suspension remains in effect or no new licence has been issued to the applicant or licensee;

    • (b) a licence issued by the Commodity Board or the Board to the applicant or licensee has been revoked and either the licence has not been renewed or no new licence has been issued to the applicant or licensee; or

    • (c) the applicant or licensee, for any other reason, is not in good standing with the Commodity Board or the Board.

  • (3) CFC shall not suspend, revoke or refuse to renew a market development licence if the licence holder establishes that the failure to comply with the conditions of the market development licence is due to an event that

    • (a) was not reasonably foreseeable;

    • (b) rendered it impossible, through no fault of the licensee, for the licensee to market the chicken for an end-use referred to in section 3 of Schedule 2; and

    • (c) was beyond the control of the licensee.

  • (4) CFC shall not suspend, revoke or refuse to renew a specialty chicken licence if the licence holder establishes that the failure to comply with the conditions of the specialty chicken licence is due to an event that

    • (a) was not reasonably foreseeable;

    • (b) rendered it impossible, through no fault of the licensee, for the licensee to market the specialty chicken in accordance with the conditions of the specialty chicken licence; and

    • (c) was beyond the control of the licensee.

  • SOR/2004-2, s. 3
  • SOR/2006-179, s. 2
  • SOR/2011-244, s. 4(E)
  • SOR/2014-143, s. 4
  • SOR/2015-227, s. 3
  •  (1) If CFC intends to refuse to issue or renew a licence or to suspend or revoke a licence, CFC must give to the licensee or applicant, as the case may be, by personal service or registered mail addressed to him or her at his or her address recorded in the books of CFC, notice of its intention to refuse to issue or renew the licence or to suspend or revoke the licence, as the case may be.

  • (2) The notice must set out the reasons on which CFC bases its intention and must fix a time of not less than 30 days after the service or mailing of the notice for the applicant or licensee to show cause why the licence should be issued or renewed or should not be suspended or revoked, as the case may be.

  • (3) A decision on whether to refuse to issue or renew a licence or to suspend or revoke a licence is to be made by CFC taking into account the circumstances that gave rise to the intention referred to in subsection (1) and the representations, if any, made by the applicant or the licensee.

  • (4) Despite subsections (1) to (3), a market development licence is to be automatically suspended if the holder fails to comply with subsection 11.2(3) of the Canadian Chicken Marketing Levies Order.

  • (5) Despite subsections (1) to (3), a specialty chicken licence is to be automatically suspended if the holder fails to comply with subsection 12.2(3) of the Canadian Chicken Marketing Levies Order.

  • SOR/2006-179, s. 3
  • SOR/2011-244, s. 5
  • SOR/2014-143, s. 5

Repeal

 [Repeal]

 [Repealed, SOR/2007-249, s. 6]

Coming into Force

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

 
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