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Version of document from 2019-05-22 to 2020-02-23:

Canada Turkey Marketing Levies Order (2019)

SOR/2019-54

FARM PRODUCTS AGENCIES ACT

Registration 2019-03-01

Canada Turkey Marketing Levies Order (2019)

Whereas the Governor in Council has, by the Canadian Turkey Marketing Agency ProclamationFootnote a, established the Canadian Turkey Marketing Agency pursuant to subsection 16(1)Footnote b of the Farm Products Agencies ActFootnote c;

Whereas the Agency has been empowered to implement a marketing plan pursuant to that Proclamation;

Whereas the annexed proposed Canada Turkey Marketing Levies Order (2019) 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 22(1)(f) of that Act;

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

Therefore, the Canadian Turkey Marketing Agency, pursuant to paragraphs 22(1)(f) and (g)Footnote f of the Farm Products Agencies ActFootnote c and section 10 of Part II of the schedule to the Canadian Turkey Marketing Agency ProclamationFootnote a, makes the annexed Canada Turkey Marketing Levies Order (2019).

Mississauga, February 27, 2019

Interpretation

Marginal note:Definitions

 The following definitions apply in this Order.

processor

processor means any person who, in the regulated area, is engaged in the slaughtering of turkeys. (transformateur)

producer

producer means any person who, in the regulated area, is engaged in the production of turkeys. (producteur)

turkey

turkey means a turkey of any variety, grade or class. (dindon)

Producer Levies

Marginal note:Amount of levies

 Each producer who is in the regulated area must pay, on each kilogram live weight of turkey that they market in inter-provincial or export trade, the following levies:

  • (a) the production levy listed in column 2 of Schedule 1 that corresponds to the province of the producer set out in column 1; and

  • (b) the marketing levy listed in column 2 of Schedule 2 that corresponds to the province of the producer set out in column 1.

Marginal note:Remittance of levies

  •  (1) In the case of a producer who markets turkeys to a person who is not a processor, the producer must remit the levies referred to in section 2 to the Commodity Board of the relevant province no later than 60 days after the last day of the month in which the producer markets the turkeys.

  • Marginal note:Remittance of levies — processor

    (2) In the case of a producer who markets turkeys to a processor, the processor must deduct the levies from the total amount they pay the producer for the turkeys and remit the levies to the Commodity Board of the relevant province no later than 60 days after the last day of the month in which the producer markets the turkeys.

Processor Levy

Marginal note:Amount of levy

 Each processor who is in a province set out in column 1 of Schedule 2 and who slaughters turkeys marketed to them by a producer must pay, on each kilogram live weight of turkey that they market in interprovincial or export trade, the marketing levy set out in column 3.

Marginal note:Remittance of levy

 Each processor must remit the levy referred to in section 4 to the Commodity Board of the relevant province no later than 60 days after the last day of the month in which the processor markets the turkeys.

Commodity Boards

Marginal note:Collection on behalf of the Agency

 The Agency, under subsection 10(4) of Part II of the schedule to the Canadian Turkey Marketing Agency Proclamation, appoints the Commodity Boards for the regulated area, with their respective concurrence, to collect, on behalf of the Agency, the levies imposed by this Order on producers and processors.

Marginal note:Remittance — concurrence

  •  (1) If a province’s Commodity Board concurs, in accordance with section 6 with its appointment to collect levies, it must remit to the Agency all levies it collects under sections 3 and 5 no later than the last day of the month in which it collects them.

  • Marginal note:Remittance — without concurrence

    (2) Despite sections 3 and 5, if a province’s Commodity Board does not concur with its appointment to collect levies, all producers and processors must remit to the Agency on the day that it directs the levies that must be paid under sections 2 and 4.

Expiration of Levies

Marginal note:Production

  •  (1) Paragraph 2(a) ceases to have effect on March 31, 2020.

  • Marginal note:Marketing

    (2) Paragraph 2(b) and section 4 cease to have effect on December 31, 2023.

Repeal

 [Amendments]

Coming into Force

Marginal note:Registration

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

SCHEDULE 1(Section 2)

Production Levies

Column 1Column 2
ItemProvinceLevy (cents / kg)
1Ontario3.55
2Quebec4.76
3Nova Scotia4.40
4New Brunswick3.75
5Manitoba4.50
6British Columbia4.00
7Saskatchewan4.70
8Alberta5.05
  • SOR/2019-154, s. 1

SCHEDULE 2(Section 2 and 4)

Marketing Levies

Column 1Column 2Column 3
ItemProvinceLevy — Producers (cents / kg)Levy — Processors (cents / kg)
1Ontario1.251.25
2Quebec1.251.25
3Nova Scotia1.251.25
4New Brunswick1.251.25
5Manitoba1.251.25
6British Columbia1.251.25
7Saskatchewan1.251.25
8Alberta1.251.25
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