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Version of document from 2006-03-22 to 2015-07-13:

Canadian Egg Marketing Levies Order

SOR/95-280

FARM PRODUCTS AGENCIES ACT

Registration 1995-06-09

Order Providing for the Fixing, Imposition and Collection of Egg Levies

Whereas the Governor in Council has, by the Canadian Egg Marketing Agency Proclamation, C.R.C., c. 646, established the Canadian Egg Marketing Agency pursuant to subsection 16(1)Footnote * of the Farm Products Agencies ActFootnote **;

Whereas the Canadian Egg Marketing Agency has been empowered to implement a marketing plan pursuant to the Canadian Egg Marketing Agency Proclamation;

Whereas the proposed Canadian Egg Marketing Levies Order annexed hereto is an order of a class to which paragraph 7(1)(d)Footnote *** of that Act applies by reason of section 2 of the Agencies’ Orders and Regulations Approval Order, C.R.C., c. 648, 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 *** of that Act, the National Farm Products Council is satisfied that the making of the proposed Order is necessary for the implementation of the marketing plan that the Canadian Egg Marketing Agency is authorized to implement and has approved the proposed Order on May 31, 1995;

Therefore, the Canadian Egg Marketing Agency, pursuant to paragraph 22(1)(f) of the Farm Products Agencies ActFootnote ** and section 10 of Part II of the schedule to the Canadian Egg Marketing Agency Proclamation, C.R.C., c. 646, hereby makes the annexed Order providing for the fixing, imposition and collection of egg levies.

Ottawa, Ontario, June 8, 1995

Short Title

 This Order may be cited as the Canadian Egg Marketing Levies Order.

Interpretation

 In this Order,

Agency

Agency means the Canadian Egg Marketing Agency; (Office)

Commodity Board

Commodity Board means any of the following:

  • (a) the Newfoundland Egg Marketing Board,

  • (b) the Prince Edward Island Egg Commodity Marketing Board,

  • (c) the Nova Scotia Egg and Pullet Producers’ Marketing Board,

  • (d) the New Brunswick Egg Marketing Board,

  • (e) the Fédération des producteurs d’oeufs de consommation du Québec,

  • (f) the Ontario Egg Producers,

  • (g) the Manitoba Egg Producers,

  • (h) the Saskatchewan Egg Producers,

  • (i) the Alberta Egg Producers Board,

  • (j) the British Columbia Egg Producers, and

  • (k) the Northwest Territories Egg Producers. (Office de commercialisation)

egg

egg means the egg of a hen; (oeuf)

grading station operator

grading station operator means a person who washes, grades, packs or markets eggs and includes a Commodity Board, when applicable, and a producer-vendor; ((responsable d’un poste de classement))

hen

hen means a hen of any class of the domestic chicken belonging to the species Gallus Domesticus; (poule)

Plan

Plan means the marketing plan the terms of which are set out in Part II of the schedule to the Canadian Egg Marketing Agency Proclamation; (plan)

producer

producer means a person who is engaged in the production of eggs in Canada and includes a producer-vendor; (producteur)

producer-vendor

producer-vendor means a producer who is a grading station operator in respect of all or any portion of the eggs produced by him or her. (producteur-vendeur)

  • SOR/99-188, s. 1

Application

 Subsection 3(1) does not apply in respect of eggs marketed under an egg for processing quota, or under an export market development quota, allotted pursuant to the Canadian Egg Marketing Agency Quota Regulations, 1986.

  • SOR/98-538, s. 1
  • SOR/99-46, s. 1
  • SOR/2001-26, s. 1

Levies

  •  (1) Each producer shall pay, on each dozen of eggs marketed by that producer in interprovincial or export trade, a levy of

    • (a) in the Province of Ontario, $0.3400;

    • (b) in the Province of Quebec, $0.2710;

    • (c) in the Province of Nova Scotia, $0.2890;

    • (d) in the Province of New Brunswick, $0.2900;

    • (e) in the Province of Manitoba, $0.2900;

    • (f) in the Province of British Columbia, $0.3541;

    • (g) in the Province of Prince Edward Island, $0.3000;

    • (h) in the Province of Saskatchewan, $0.2850;

    • (i) in the Province of Alberta, $0.2850;

    • (j) in the Province of Newfoundland and Labrador, $0.2950; and

    • (k) in the Northwest Territories, $0.3240.

  • (2) Each producer shall pay a levy of $0.80 for each dozen of eggs marketed by the producer in interprovincial or export trade in excess of the egg for processing quota allotted to the producer pursuant to the Canadian Egg Marketing Agency Quota Regulations, 1986, or in a manner contrary to the conditions respecting that quota.

  • (2.1) Each producer shall pay a levy of $0.80 for each dozen of eggs marketed by the producer in export trade in excess of the producer’s export market development quota allotted to the producer pursuant to the Canadian Egg Marketing Agency Quota Regulations, 1986, or in a manner contrary to the conditions respecting that quota.

  • (3) Each producer shall pay a levy of $0.50 on each dozen of eggs marketed by the producer in interprovincial or export trade in excess of a federal quota allotted to the producer pursuant to the Canadian Egg Marketing Agency Quota Regulations, 1986 or marketed in a manner contrary to the conditions respecting that quota.

  • (4) Subsections (2) to (3) apply in addition to any other measures or sanctions under the Act or under any Order or Regulations of the Agency.

  • SOR/95-404, s. 1
  • SOR/95-482, s. 1
  • SOR/97-50, s. 1
  • SOR/97-211, s. 1
  • SOR/97-554, s. 1
  • SOR/99-46, s. 2
  • SOR/99-188, s. 2
  • SOR/2000-275, s. 1
  • SOR/2001-26, s. 2
  • SOR/2001-113, s. 1
  • SOR/2002-30, s. 1
  • SOR/2002-319, s. 1

 Where eggs are sold or otherwise disposed of by a producer to a grading station operator, the grading station operator shall deduct the amount of the levy payable pursuant to section 3 in respect of those eggs from the moneys payable by the grading station operator to the producer for the eggs.

Collection

 The Agency, having obtained the concurrence of each Commodity Board, hereby appoints each Commodity Board, pursuant to subsection 10(4) of the Plan, to collect the levy payable pursuant to section 3 on behalf of the Agency.

  •  (1) A levy payable pursuant to section 3 shall be remitted to the Commodity Board of the province where the producer on whom the levy is imposed is engaged in the production of eggs at the address and at the times that the Commodity Board directs

    • (a) in the circumstances set out in section 4, by the grading station operator; and

    • (b) in any other circumstances, by the producer.

  • (2) Each Commodity Board shall send to the Agency all the levies received by it pursuant to subsection (1) during a week at the end of that week.

 The levy referred to in subsection 3(2) may be deducted by the Agency from the monies payable to the producer.

  • SOR/99-46, s. 3

Expiration

 This Order ceases to have effect on December 28, 2002.

  • SOR/95-482, s. 2
  • SOR/96-323, s. 1
  • SOR/97-50, s. 2
  • SOR/97-211, s. 2
  • SOR/97-554, s. 2
  • SOR/99-46, s. 4
  • SOR/2000-32, s. 1
  • SOR/2000-81, s. 1
  • SOR/2001-26, s. 3
  • SOR/2002-30, s. 2
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