Canadian Turkey Licensing Regulations (C.R.C., c. 660)

Short Title

1 These Regulations may be cited as the Canadian Turkey Licensing Regulations.

Interpretation

2 In these Regulations,

Agency

Agency means the Canadian Turkey Marketing Agency; (Office)

consumer

consumer means any person who buys turkey for consumption by him or his household; (consommateur)

control period

control period means the period set out in the heading of the schedule to the Canadian Turkey Marketing Quota Regulations, 1990; (période réglementée)

dealer

dealer means any person other than a processor or retailer who buys turkeys for resale; (négociant)

hatcheryman

hatcheryman means any person engaged in the hatching of turkey eggs; (accouveur)

inspector

inspector means an inspector appointed pursuant to section 34 of the Act; (inspecteur)

licence

licence means

• (a) a document issued by the Agency to a person certifying that he is a licensee, or

• (b) a list issued by the Agency to a person containing his name and the names of other persons and certifying that each person is a licensee; (permis)

marketing

marketing in relation to turkeys, means selling and offering for sale and buying, pricing, assembling, packing, processing, transporting, storing and reselling, whether in whole or in processed form, and includes marketing by or on behalf of a producer; (commercialisation)

processing

processing means changing the nature, size, quality or condition of turkeys by mechanical means or otherwise and includes killing; (transformation)

processor

processor means any person engaged in the business of processing turkeys or who packs, markets, grades, offers for sale, sells, stores, or transports the packed, processed or manufactured turkey product; (transformateur)

producer

producer means any person engaged in the production of turkeys in Canada; (producteur)

producer-vendor

producer-vendor means any person who produces and markets, offers for sale, sells or stores all or any portion of the turkeys produced by him; (producteur-vendeur)

retailer

retailer means any person who sells or offers for sale turkey directly and exclusively to consumers; (détaillant)

turkey

turkey means any turkey, male or female, live or slaughtered, of any size and includes any part of any turkey. (dindon)

General

• 3 (1) Subject to section 10, no person shall engage in the marketing of turkeys in interprovincial or export trade as a producer, producer-vendor, hatcheryman, processor or dealer unless he holds the appropriate licence set out in section 4 and pays to the Agency annually the fee prescribed by that section for that licence.

• (2) No person shall sell or offer for sale turkey to any person required to be licensed under these Regulations unless that person is licensed as required by subsection (1).

• (3) No person shall buy turkeys from any person required to be licensed under these Regulations unless that person is licensed as required by subsection (1).

4 The types of licences and fees payable therefor are as follows:

• (a) Producer’s licence Nil

• (b) Producer-Vendor’s licence $1.00

• (c) Processor’s licence 1.00

• (d) Dealer’s licence 1.00

• (e) Hatcheryman’s licence 1.00

5 Where a person engages in marketing turkeys in more than one of the capacities set out in subsection 3(1) he shall apply to the Agency for a licence in respect of each capacity.

6 Every licence shall be issued in respect of a control period and comes into effect on the first day of the control period and expires on the last day of that control period.

7 Every licence shall be issued subject to the following conditions:

• (a) the licensee shall, within seven days following the last day of each week, forward to the Agency, a report in a form approved by the Agency containing the information specified in the schedule respecting the marketing of turkeys in interprovincial or export trade during that week;

• (b) the licensee shall permit an inspector to enter his premises and examine his books, records or other documents in accordance with subsection 35(1) of the Act; and

• (c) the licensee shall comply with all orders and regulations of the Agency.

8 The Agency may suspend, revoke or refuse to issue a licence where the applicant or licensee has failed to observe, perform or carry out any condition of the licence.

9 Where the Agency intends to suspend or revoke a licence, the Agency shall give to the licensee by hand delivery or registered mail addressed to him at his address recorded in the books of the Agency notice of its intention to suspend or revoke the licence, as the case may be, and such notice shall fix a time of not less than 30 days from the delivery or mailing thereof for the licensee to show cause why the licence should not be suspended or revoked, as the case may be.

10 These Regulations do not apply, in the Province of

• (a) Nova Scotia, to a producer who markets less than 25 turkeys in a year;

• (b) New Brunswick, to a producer who markets less than 26 turkeys in a year;

• (c) Ontario, to a producer who markets less than 50 turkeys in a year;

• (d) Manitoba, to any person in any year who, in the year immediately preceding that year, marketed less than 100 turkeys raised by him, until such time in that year as he does market 100 or more turkeys;

• (e) Saskatchewan, to a producer who markets less than 100 turkeys in a year;

• (f) Alberta, to a producer who markets less than 300 turkeys in a year; or

• (g) British Columbia, to a producer who markets less than 25 turkeys in a year.