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Version of document from 2006-03-22 to 2008-01-01:

Beef Cattle Research, Market Development and Promotion Levies Order

SOR/2005-103

FARM PRODUCTS AGENCIES ACT

Registration 2005-04-14

Beef Cattle Research, Market Development and Promotion Levies Order

Whereas the Governor in Council has, by the Canadian Beef Cattle Research, Market Development and Promotion Agency ProclamationFootnote a, established the Canadian Beef Cattle Research, Market Development and Promotion Agency pursuant to subsection 39(1)Footnote b of the Farm Products Agencies ActFootnote c;

Whereas the Canadian Beef Cattle Research, Market Development and Promotion Agency has been empowered to implement a promotion and research plan pursuant to that Proclamation;

Whereas the proposed Beef Cattle Research, Market Development and Promotion Levies Order is an order of a class to which paragraph 7(1)(d)Footnote d of that Act applies by reason of section 2 of the Agencies' Orders and Regulations Approval OrderFootnote e, and has been submitted to the National Farm Products Council pursuant to paragraph 42(1)(d)b of that Act;

And whereas, pursuant to paragraph 7(1)(d)d of that Act, the National Farm Products Council has approved the proposed Order after being satisfied that it is necessary for the implementation of the promotion and research plan that the Agency is authorized to implement;

Therefore, the Canadian Beef Cattle Research, Market Development and Promotion Agency, pursuant to paragraphs 42(1)(d)b and (e)b of the Farm Products Agencies Actc and section 10 of the schedule to the Canadian Beef Cattle Research, Market Development and Promotion Agency Proclamationa, hereby makes the annexed Beef Cattle Research, Market Development and Promotion Levies Order.

Marginal note:Interpretation

 The following definitions apply in this Order.

AgencyOffice

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

beef cattlebovin de boucherie

beef cattle has the meaning assigned to it in section 1 of the schedule to the Proclamation. (bovin de boucherie)

bob calfveau laitier

bob calf means any calf other than a feeder calf, a grain-fed calf or a milk-fed calf. (veau laitier)

cull cowvache de réforme

cull cow means any cow, heifer or bull, of either dairy or beef breeding, that has been culled and that is marketed for slaughter. (vache de réforme)

dealernégociant

dealer means a person who acts as an agent in the buying or selling of beef cattle and includes auctioneers and auction markets. (négociant)

feeder calfveau d'embouche

feeder calf means any beef breed or cross-bred calf marketed for the purpose of finishing before slaughter, with a live weight of 135 kg or more. (veau d'embouche)

grain-fed calfveau de grain

grain-fed calf means any calf fed mainly grain, raised in confinement in buildings designed for such cattle production and having a live weight before slaughter of 135 to 297 kg. (veau de grain)

milk-fed calfveau de lait

milk-fed calf means any milk-fed calf that is raised in confinement, starting at a weight of under 68 kg, in buildings designed for such cattle production and having a live weight before slaughter of 135 to 275 kg. (veau de lait)

ProclamationProclamation

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

Marginal note:Collector

  •  (1) Subject to subsection (2), in this Order, collector means, in respect of the Province of

    • (a) Ontario, the Ontario Cattlemen's Association;

    • (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 Cattlemen's Association Inc.;

    • (h) Saskatchewan, the Minister of Agriculture, Food and Rural Revitalization or such other member of the Executive Council of Saskatchewan to whom the administration of The Cattle Marketing Deductions Act, 1998, S.S. 1998, c. C-3.1, is assigned;

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

    • (j) Newfoundland and Labrador, the Newfoundland and Labrador Cattlemen's Association.

  • Marginal note:Other collectors

    (2) If the Agency appoints a person under subsection 10(5) of the schedule to the Proclamation, other than a person referred to in subsection (1), to collect on the Agency's behalf levies imposed by this Order for a province, that person is, for the purposes of this Order, the collector for that province.

Marginal note:Amount of levy

 Subject to section 4, every person who sells beef cattle in interprovincial trade shall pay to the Agency, for each head of beef cattle sold, a levy in the following amounts:

  • (a) residents of Ontario, $2.25;

  • (b) residents of Quebec,

    • (i) for bob calves, $4.94, and

    • (ii) for cull cows, $25.94;

  • (c) residents of Nova Scotia, $2.00;

  • (d) residents of New Brunswick, $3.00;

  • (e) residents of Manitoba, $2.00;

  • (f) residents of British Columbia, $2.00;

  • (g) residents of Prince Edward Island, $4.00;

  • (h) residents of Saskatchewan, $2.00;

  • (i) residents of Alberta, $3.00; and

  • (j) residents of Newfoundland and Labrador, $1.00.

Marginal note:Amount of levy — special circumstances

  •  (1) Every person who sells beef cattle in interprovincial trade shall pay to the Agency, for each head of beef cattle sold, a levy in the following amounts if the purchaser or dealer involved in the sale is a resident of one of the following provinces and the payment of the purchase price is made in the purchaser's or dealer's province of residence:

    • (a) British Columbia, $2.00;

    • (b) Saskatchewan, $2.00; and

    • (c) Alberta, $3.00.

  • Marginal note:Sellers resident in Quebec

    (2) In respect of residents of Quebec who sell beef cattle, subsection (1) applies only when they sell bob calves or cull cows.

Marginal note:Payment of levy

 All levies shall be paid to the Agency through a collector.

Marginal note:Deduction of levy by purchaser

  •  (1) Subject to subsection (2), the purchaser shall deduct the levy payable from the purchase price and remit it to the collector for the province of residence of the purchaser.

  • Marginal note:Deduction of levy by dealer

    (2) If a dealer is involved in the sale of beef cattle in interprovincial trade, the dealer shall deduct the levy payable from the purchase price and remit it to the collector for the province of residence of the dealer.

Marginal note:Document setting out levies deducted

 The purchaser or dealer, as the case may be, shall, at the time of the sale, provide the seller with a document setting out the purchase price and the amount of levies deducted.

Marginal note:Remitting levy

 The purchaser or dealer, as the case may be, shall remit the levy, within the period established by the laws of the purchaser's or dealer's province of residence for submitting levies on sales of beef cattle, together with a statement that is in a form established by the Agency and that sets out the following information:

  • (a) the purchaser's or, if a dealer was involved, the dealer's name, address and telephone number;

  • (b) the number of beef cattle purchased, broken down by the province of residence of the seller; and

  • (c) the amount of levies deducted and remitted, broken down by the province of residence of the seller and, in the case referred to in paragraph 3(b), the type of beef cattle.

Marginal note:Keeping documents

 Every seller, purchaser or dealer who is subject to this Order in respect of a sale of beef cattle shall keep all documents relating to the sale for a period of seven years from the date of the sale.

Marginal note:Responsibility of seller

  •  (1) If a levy is deducted under this Order from the money payable to a seller, the seller is not required to pay the levy to the Agency.

  • Marginal note:Proof

    (2) At the request of the Agency, the seller shall prove that the levy payable under this Order has been deducted.

  • Marginal note:When levy not deducted from purchase price

    (3) If a purchaser or dealer contravenes subsection 6(1) or (2) in respect of a sale of beef cattle, the seller shall remit the levy payable in respect of that sale to the Agency within 90 days after the sale.

Marginal note:Review

 The Agency shall review this Order at the time that it carries out the review of the promotion and research plan required by section 13 of the schedule to the Proclamation.

Marginal note:Coming into force

 This Order comes into force on the day on which it is registered.

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