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

Regulations are current to 2020-07-28 and last amended on 2020-07-02. Previous Versions

Levy Collection (continued)

 [Repealed, SOR/2015-228, s. 4]

  •  (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.

  • SOR/2015-228, ss. 5, 7(E)

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

  • SOR/2006-180, s. 2
  •  (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.

  • SOR/2006-180, s. 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  • (2) [Repealed, SOR/2015-228, s. 6]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.

  • SOR/2006-180, s. 2
  • SOR/2007-251, s. 4
  • SOR/2015-228, s. 6

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

  • SOR/2014-145, s. 5
  •  (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.

  • SOR/2014-145, s. 5
  • SOR/2014-262, s. 2
  •  (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.

  • SOR/2014-145, s. 5
 
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