Canadian Chicken Marketing Levies Order (SOR/2002-35)

5.1 Every primary processor or producer who holds a specialty chicken licence and who markets chicken produced under a federal specialty chicken quota must pay a levy of $1.60 per kilogram on the live weight of any chicken that is marketed by them under a federal specialty chicken quota and that does not fall within the class, set out in Schedule 4 to the Canadian Chicken Licensing Regulations, for which the federal specialty chicken quota has been issued.

Levy Collection

• 6 (1) If live chicken is purchased for interprovincial or export trade by a processor from a producer, the levy imposed under section 3 must be collected by the processor by deducting the amount of the levy from the money payable by the processor to the producer.

• (2) If live chicken is purchased for interprovincial or export trade by a dealer from a producer, the levy imposed under section 3 must be collected by the dealer by deducting the amount of the levy from the money payable by the dealer to the producer.

7 If a levy imposed under section 3 is to be collected by a processor or dealer under section 6, the processor or dealer must remit the levy to CFC, or to the Commodity Board or person authorized by CFC, not later than the Monday following the week in which the levy was collected under that section and, in any other case, the producer must remit the levy to CFC, or to the Commodity Board or person authorized by CFC, not later than two weeks after the sale of the live chicken in interprovincial or export trade.

8 The levy to be remitted under section 7 must be accompanied by a statement, on a form approved by CFC, that sets out

• (a) in the case of the levy remitted by a processor or dealer,

  • (i) the name and address of each producer from whom the levy was collected,

  • (ii) the number of head and the number of kilograms of live chicken purchased from the producer, and

  • (iii) the amount of levy remitted in respect of the producer; and

• (b) in the case of the levy remitted by a producer,

  • (i) the name and address of the producer,

  • (ii) the number of head and the number of kilograms of live chicken marketed by the producer, and

  • (iii) the amount of levy remitted.

9 [Repealed, SOR/2015-228, s. 4]

• 10 (1) CFC, having obtained the concurrence of each Commodity Board, appoints each Commodity Board to collect the levies payable under subsection 4(1) on behalf of CFC.

• (2) Levies collected on behalf of CFC in accordance with subsection (1) are payable to CFC by each Commodity Board.

11 CFC shall issue a notice of assessment to every primary processor who must pay a levy under subsection 5(1).

• 11.1 (1) Within 20 days after the day on which the notice of assessment is received, the primary processor shall

  • (a) pay the levy; or

  • (b) advise CFC in writing that it intends to dispute the notice.

• (2) Within 30 days after the day on which the notice of assessment is received, the primary processor may dispute the notice by providing CFC with documents or information in writing the purpose of which is to establish that the failure to comply with the conditions set out in paragraph 5(3)(d) or (e) of the Canadian Chicken Licensing Regulations is due to an event that

  • (a) was not reasonably foreseeable;

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

  • (c) was beyond the control of the primary processor.

• 11.2 (1) If the documents or information establish that the failure is due to an event described in subsection 11.1(2), CFC shall issue to the primary processor a notice that cancels the notice of assessment but if CFC finds that the event described in that subsection was the cause of the failure to market in respect of only a portion of the marketings that were not made in accordance with the conditions of licence, CFC shall revise the assessment and issue a final assessment determination.

• (2) [Repealed, SOR/2015-228, s. 6]

• (3) The primary processor shall remit the levy within 35 days after the day on which the final assessment determination is received.

12 CFC shall issue a notice of assessment to every primary processor or producer who must pay a levy under section 5.1.

• 13 (1) Within 20 days after the day on which the notice of assessment is received, the primary processor or producer shall

  • (a) pay the levy; or

  • (b) advise CFC in writing that it intends to dispute the notice.

• (2) Within 30 days after the day on which the notice of assessment is received, the primary processor or producer may dispute the notice by providing CFC with documents or information, in writing, whose purpose is to establish that the failure to comply with the conditions set out in paragraph 5(7)(d) of the Canadian Chicken Licensing Regulations is due to an event that

  • (a) was not reasonably foreseeable;

  • (b) rendered it impossible, through no fault of the primary processor or producer, for the primary processor or producer to market the classes of chicken for which the federal specialty chicken quota was issued; and

  • (c) was beyond the control of the primary processor or producer.

• 14 (1) If the documents or information establish that the failure is due to an event described in subsection 13(2), CFC shall issue to the primary processor or producer a notice that cancels the notice of assessment but if CFC finds that the event described in that subsection was the cause of the failure to market in respect of only a portion of the marketings that were not made in accordance with the conditions of licence, CFC shall revise the assessment for the purposes of issuing a final assessment determination.

• (2) If CFC does not issue to the primary processor or producer a notice that cancels the notice of assessment, CFC shall issue a final assessment determination.

• (3) The primary processor or producer shall remit the levy within 35 days after the day on which the final assessment determination is received.