Canadian Beef Cattle Research, Market Development and Promotion Agency Proclamation (SOR/2002-48)

Interpretation

• 1 The following definitions apply in this schedule.

  Act

  Act means the Farm Products Agencies Act. (Loi)

  Agency

  Agency means the Canadian Beef Cattle Research, Market Development and Promotion Agency established by this Proclamation. (Office)

  beef

  beef means flesh of beef cattle. (boeuf)

  beef cattle

  beef cattle means live domesticated bulls, cows, steers, heifers and calves of the bovine species that are marketed for the production of beef or beef products. The expression includes beef breeding stock, veal calves, cull cows and dairy cattle marketed for slaughter, and excludes dairy breeding stock and other cattle marketed for dairy purposes. (bovins de boucherie)

  beef products

  beef products means edible products produced in whole or in part from beef. (produits du boeuf)

  marketing

  marketing, in relation to beef cattle, beef and beef products, means selling and offering for sale and buying, pricing, assembling, packing, processing, transporting, storing and any other act necessary to prepare the farm product in a form or to make it available at a place and time for purchase for consumption or use. (commercialisation)

  Plan

  Plan means the promotion and research plan the terms of which are set out in Part 2. (Plan)

  province

  province means a province referred to in the definition provincial cattle association. (province)

  provincial cattle association

  provincial cattle association means, in respect of the Province of

  • (a) Ontario, the Beef Farmers of Ontario;

  • (b) Quebec, the Fédération des producteurs de bovins du Québec;

  • (c) Nova Scotia, the Nova Scotia Cattle Producers;

  • (d) New Brunswick, the New Brunswick Cattle Producers;

  • (e) Manitoba, The Manitoba Cattle Producers Association;

  • (f) British Columbia, the Cattle Industry Development Council;

  • (g) Prince Edward Island, the Prince Edward Island Cattle Producers;

  • (h) Saskatchewan, the Saskatchewan Cattlemen’s Association;

  • (i) Alberta, the Alberta Beef Producers; and

  • (j) Newfoundland and Labrador, the Newfoundland and Labrador Cattlemen’s Association. (association provinciale de producteurs de bovins)

PART 1Agency

• 2 The 16 members of the Agency are to be elected by the delegates at the Agency’s Annual Forum in the following manner:

  • (a) one member is to be elected to represent the primary producers of each of the following provinces from among the candidates who are nominated by the provincial cattle association of those provinces:

    • (i) Ontario,

    • (ii) Quebec,

    • (iii) Nova Scotia,

    • (iv) New Brunswick,

    • (v) Manitoba,

    • (vi) British Columbia,

    • (vii) Prince Edward Island, and

    • (viii) Saskatchewan;

  • (b) two members are to be elected to represent the primary producers of Alberta from among the candidates who are nominated by the provincial cattle association of Alberta;

  • (c) one member is to be elected to represent importers from among the candidates who are nominated by the Canadian Association of Importers and Exporters Inc.;

  • (d) one member is to be elected to represent the retail and food service sector from among the candidates who are employed in that sector and who are nominated by the delegates at the Annual Forum, and one temporary substitute member is to be elected by those delegates from among the candidates who is to hold office until the next Annual Forum, if the member who represents the retail and food service sector resigns or dies, or to act during any period in which that member is unable to act; and

  • (e) four members are to be elected to collectively represent the beef and veal processors, traders, brokers and exporters from among the candidates who are nominated by the Canadian Meat Council.

• 3 A member holds office for a two-year term beginning on the last day of the Annual Forum at which the member is elected.

• 4 If a member resigns or dies, the association or council that nominated the member is to appoint a temporary substitute member to hold office until the next Annual Forum, and if a member is unable to act, the association or council is to appoint a temporary substitute member to act during the period that the member is unable to act.

• 5 [Repealed, SOR/2009-134, s. 1]

• • 6 (1) The members of the Agency are, at their first meeting and, after that, at the first meeting after each Annual Forum, to elect from among themselves a chair and a vice-chair.

  • (2) If the chair and vice-chair resign their office or cease to be members of the Agency, or if one resigns and the other ceases to be a member, the members of the Agency are, at their next meeting, to elect from among themselves a new chair and vice-chair.

  • (3) [Repealed, SOR/2009-134, s. 2]

• 7 The head office of the Agency is to be situated in the City of Calgary, in the Province of Alberta.

PART 2Terms of the Plan

Promotion and Research

• 8 The Agency is authorized to

  • (a) promote the marketing and production of beef cattle, beef and beef products for the purposes of interprovincial, export and import trade; and

  • (b) conduct and promote research activities related to those farm products.

Annual Business Program

• 9 The Agency shall annually submit to the Council a business program that sets out a detailed description of all the proposed business and activities of the Agency for a 12 month period, including all relevant information to enable the Council to determine if

  • (a) the proposed business and activities of the Agency are consistent with section 8 and the object of the Agency described in section 41 of the Act; and

  • (b) any existing or proposed orders or regulations referred to in subsection 10(1) are necessary for the implementation or administration of the Plan.

Levies and Charges

• • 10 (1) The Agency may, for the purpose of implementation or administration of the Plan,

    • (a) by order or regulation, impose levies or charges on persons engaged in the marketing of beef cattle in interprovincial or export trade; and

    • (b) by order or regulation, impose levies or charges on persons engaged in the importation of beef cattle, beef or beef products into Canada.

  • (2) An order or regulation may classify persons into groups, specify the levies or charges, if any, payable by members of each such group and provide for the manner of collection of the levies or charges.

  • (3) The Agency shall retain moneys received from the levies or charges on persons engaged in the importation of beef cattle, beef or beef products into Canada in a separate account.

  • (4) Levies or charges imposed by orders or regulations of the Agency that are unpaid 30 days after they were due become a debt payable to the Agency.

  • (5) The Agency may, with the concurrence of a provincial cattle association, appoint that association or any other person to collect on the Agency’s behalf the levies or charges imposed by any order or regulation.

• 11 [Repealed, SOR/2015-201, s. 4]

Cooperation

• 12 The Agency shall take all reasonable steps to promote a high degree of cooperation among itself, the Canadian Cattlemen’s Association, each provincial cattle association, the Canadian Meat Council, the Canadian Association of Importers and Exporters Inc., and importers of beef cattle, beef and beef products into Canada.

Review of the Plan

• • 13 (1) The Agency shall hold a meeting within five years after the coming into force of this Proclamation, and every five years after that, for the purpose of reviewing the terms and effectiveness of the Plan and determining whether or not any modifications are required to facilitate the carrying out by the Agency of its object described in section 41 of the Act.

  • (2) Within three months after the date of the meeting referred to in subsection (1), the Agency shall file a written report of its review and any recommendations for modifications with the Council, the Canadian Cattlemen’s Association, the provincial cattle associations, the Canadian Meat Council and the Canadian Association of Importers and Exporters Inc.

Section 42 Powers

• 14 Nothing in this Part affects the vesting of powers set out in section 42 of the Act in the Agency.