Interpretation

Marginal note:Definitions

1 The following definitions apply in this Order.

Agency

Agency[Repealed, SOR/2013-98, s. 2]

beef cattle

beef cattle[Repealed, SOR/2013-98, s. 2]

bob calf

veau laitier

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

cull cow

vache 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)

dealer

négociant

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 calf

veau 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 calf

veau 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)

imported beef product

produit du boeuf importé

imported beef product means a beef product that is imported into Canada under one or more of the Customs Tariff tariff item numbers set out in Schedule 2. (produit du boeuf importé)

importer

importateur

importer means any person who imports beef cattle or beef products into Canada. (importateur)

milk-fed calf

veau 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)

Proclamation

Proclamation

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

Marginal note:Collector

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

  • (a) Ontario, 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.

• 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.

Interprovincial Trade

Marginal note:When dealer is considered as purchaser

2.1 For the purposes of sections 4 and 6 to 8 and subsection 10(3), if a dealer is involved in the purchase or sale of beef cattle, a reference to “purchaser” shall be read as a reference to “dealer”. If more than one dealer is involved in the purchase or sale, the reference is to the dealer who first receives payment of the purchase price.

Marginal note:Amount of levy

3 Subject to section 4, a resident of a province set out in column 1 of the table to this section who sells beef cattle in interprovincial trade shall pay to the Agency, for each head of beef cattle sold, a levy in the amount set out in column 2.

Marginal note:Amount of levy — special circumstances

• 4 (1) If the purchaser is a resident of a province set out in column 1 of the table to this subsection and the payment of the purchase price is made in that province, the levy is the amount set out in column 2.

  Item	Column 1	Column 2
  	Purchaser’s province of residence	Levy ($)
  1	British Columbia	3.00
  2	Saskatchewan	3.00
  3	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

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

Marginal note:Deduction of levy by purchaser

6 The purchaser shall deduct the levy payable from the purchase price and remit it to the collector for the purchaser’s province of residence.

Marginal note:Document setting out levies deducted

7 The purchaser 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 and information

8 The purchaser shall remit the levy to the collector within the period established by the laws of the purchaser’s province of residence for remitting levies on sales of beef cattle, together with a statement in a form established by the Agency that sets out the following information:

• (a) the purchaser’s name, address, postal code and telephone number;

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

• (c) the amount of levies deducted and remitted, broken down by the seller’s province of residence and, in the case of a sale by a resident of Quebec, the type of beef cattle; and

• (d) when required to be provided under the laws of the purchaser’s province of residence, the name, address and postal code of each person who sold beef cattle to them if a levy was deducted from the purchase price of those cattle during the reporting period.

Marginal note:Keeping documents

9 Every seller, purchaser and dealer who is subject to this Order shall

• (a) keep all records relating to the sale — including the records necessary to verify any of the statements provided to the Agency and the amounts of levies paid — for a period of seven years after the date of the sale; and

• (b) make those records available for examination by the Agency.

Marginal note:Responsibility of seller

• 10 (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 fails to deduct the levy as required by section 6, the seller shall remit the levy payable in respect of that sale to the Agency within 90 days after the date of the sale.

Import

Marginal note:Importer to pay levy

• 11 (1) Each importer shall pay to the Agency, for each head of beef cattle imported or each imported beef product, a levy in the amount set out in Schedule 1.

• Marginal note:Method and time of payment

  (2) Levies shall be paid to the Agency by negotiable instrument in Canadian dollars and by the 15th day of the month after the month in which the beef cattle or beef products were imported into Canada.

• Marginal note:Statement to be included

  (3) The importer shall include with payment of the levy a statement that sets out the following information:

  • (a) the importer’s name, mailing address, telephone number and, if available, email address and fax number;

  • (b) the number of head of beef cattle imported into Canada, broken down by the delivery destinations of the beef cattle;

  • (c) the number of kilograms of beef products imported into Canada, broken down by tariff item numbers set out in Schedule 2;

  • (d) the amount of levy remitted to the Agency, broken down by beef cattle and imported beef products; and

  • (e) the date on which the levy was paid.

Marginal note:Possible refund

12 The Agency shall refund a levy paid by an importer if the importer proves to the satisfaction of the Agency that the levy was not required to be paid under subsection 11(1) or that the levy paid under that subsection was more than $1.00 per head of beef cattle or per carcass equivalent of imported beef products.

Marginal note:Keeping documents

13 Every importer who is subject to this Order shall

• (a) keep all records relating to the importation — including the records necessary to verify any of the statements provided to the Agency and the amounts of levies paid — for a period of seven years after the date on which the beef cattle or beef products were imported; and

• (b) make those records available for examination by the Agency.

Review and Cessation of Order

Marginal note:Review of Order

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

Marginal note:Cessation of Order

15 This Order ceases to have effect on September 30, 2016.