Canadian Chicken Marketing Levies Order (SOR/2002-35)

Interpretation

1 The following definitions apply in this Order.

Act

Act means the Farm Products Agencies Act. (Loi)

audit period

audit period means two consecutive periods during which chicken produced in a province is authorized to be marketed under the Canadian Chicken Marketing Quota Regulations. (période de vérification)

CFC

CFC[Repealed, SOR/2015-228, s. 1]

chicken

chicken[Repealed, SOR/2015-228, s. 1]

communal group

communal group, in respect of

• (a) Saskatchewan, has the same meaning as in Order No. 61/11 – Communal Group Production Exemption made by the Chicken Farmers of Saskatchewan Board; and

• (b) Alberta, has the same meaning as in paragraph 1(g) of the Alberta Chicken Producers Marketing Regulation, Alta. Reg. 3/2000. (ferme collective)

communal group production quota

communal group production quota means a quota for the production or marketing of chicken granted to a communal group under a law of the Province in which it is situated. (contingent de production de ferme collective)

dealer

dealer means a person, other than a producer or processor, who purchases live chicken in interprovincial or export trade. (négociant)

federal market development quota

federal market development quota means the number of kilograms of chicken, expressed in live weight, that a producer is entitled, under the Canadian Chicken Marketing Quota Regulations, to market in interprovincial or export trade to market development licensees during the period referred to in the schedule to those Regulations. (contingent fédéral d’expansion du marché)

federal quota

federal quota means the number of kilograms of chicken, expressed in live weight, not including a federal market development quota or federal specialty chicken quota, that a producer is entitled, under the Canadian Chicken Marketing Quota Regulations, to market in interprovincial or export trade during the period referred to in the schedule to those Regulations. (contingent fédéral)

federal specialty chicken quota

federal specialty chicken quota means the number of kilograms of chicken, expressed in live weight, that a producer is entitled under the Canadian Chicken Marketing Quota Regulations, to market in interprovincial or export trade, during the period referred to in the schedule to those Regulations, to any holder of a specialty chicken licence. (contingent fédéral de poulet de spécialité)

market development commitment period

market development commitment period means the period that spans the following three periods:

• (a) the period referred to in section 1 of the market development commitment form set out in Schedule 1 to the Canadian Chicken Licensing Regulations;

• (b) the period referred to in the schedule to the Canadian Chicken Marketing Quota Regulations that immediately precedes the period referred to in paragraph (a); and

• (c) the period referred to in the schedule to the Canadian Chicken Marketing Quota Regulations that immediately follows the period referred to in paragraph (a). (période d’engagement pour l’expansion du marché)

market development licence

market development licence means a market development licence issued by CFC under the Canadian Chicken Licensing Regulations. (permis d’expansion du marché)

marketing

marketing[Repealed, SOR/2015-228, s. 1]

primary processor

primary processor means a processor who slaughters chicken that was produced and marketed under a federal market development quota or federal specialty chicken quota. (transformateur primaire)

processing

processing means the slaughtering of chicken or the changing of the nature, size, quality or condition of slaughtered chicken. (transformation)

processor

processor means a person who is engaged in the business of processing and otherwise marketing chicken. (transformateur)

producer

producer[Repealed, SOR/2015-228, s. 1]

Provincial Commodity Board

Provincial Commodity Board[Repealed, SOR/2015-228, s. 1]

registered production facilities

registered production facilities means production facilities that are registered under the laws of the province in which they are situated. (installations de production agréées)

specialty chicken licence

specialty chicken licence means a specialty chicken licence that is issued by CFC under the Canadian Chicken Licensing Regulations. (permis de poulet de spécialité)

Application

• 2 (1) This Order applies to

  • (a) a producer who sells, in interprovincial or export trade, live chicken produced under a federal quota;

  • (b) a dealer who purchases, in interprovincial or export trade, live chicken produced under a federal quota;

  • (c) a processor who purchases, for interprovincial or export trade, live chicken produced under a federal quota;

  • (d) a producer who sells, in interprovincial or export trade, live chicken in excess of a federal quota;

  • (e) a primary processor who markets chicken produced under a federal market development quota

    • (i) to a buyer, or for an end-use, not specified in section 3 of Schedule 2 to the Canadian Chicken Licensing Regulations,

    • (ii) outside the market development commitment period, or

    • (iii) otherwise than as one of the product categories set out in column 1 of section 1 of Schedule 2 to the Canadian Chicken Licensing Regulations;

  • (f) a primary processor or producer who markets, in interprovincial or export trade, chicken produced under a federal specialty chicken quota; and

  • (g) a primary processor or producer who markets, in interprovincial or export trade, chicken in excess of a federal specialty chicken quota.

• (2) This Order does not apply to

  • (a) a producer in the Province of Ontario who produces no more than 300 chickens per year at their premises and is permitted to produce chicken without being allotted a quota under regulations made by the Chicken Farmers of Ontario;

  • (b) a producer in the Province of Quebec who produces and markets no more than 100 chickens per year, unless specifically authorized by Les Éleveurs de volailles du Québec to market a greater quantity;

  • (c) a producer in the Province of Nova Scotia who produces no more than 200 chickens per year at their premises for personal consumption;

  • (d) a producer in the Province of New Brunswick who produces and markets no more than 200 chickens per year;

  • (e) a producer in the Province of Manitoba who produces and markets no more than 999 chickens per year;

  • (f) a producer in the Province of British Columbia who produces and markets no more than 200 chickens per year;

  • (g) a producer in the Province of Prince Edward Island who produces and markets no more than 500 chickens per year;

  • (h) a producer in the Province of Saskatchewan who produces and markets no more than 999 chickens per year or a communal group within that Province that produces and markets chicken under a communal group production quota;

  • (i) a producer in the Province of Alberta who produces and markets no more than 2,000 chickens per year or a communal group within that Province that produces and markets chicken under a communal group production quota;

  • (j) a producer in the Province of Newfoundland and Labrador who produces and markets no more than 100 chickens per year.

Levies

• 3 (1) A levy is hereby imposed on a producer per kilogram of live weight of chicken marketed by the producer in interprovincial or export trade, by reference to the province of production as follows:

  • (a) in the province of Ontario, 2.71 cents;

  • (b) in the province of Quebec, 2.27 cents;

  • (c) in the province of Nova Scotia, 1.59 cents;

  • (d) in the province of New Brunswick, 1.20 cents;

  • (e) in the province of Manitoba, 2.26 cents;

  • (f) in the province of British Columbia 2.06 cents;

  • (g) in the province of Prince Edward Island, 2.11 cents;

  • (h) in the province of Saskatchewan, 1.87 cents;

  • (i) in the province of Alberta, 1.95 cents; and

  • (j) in the province of Newfoundland and Labrador, 1.67 cents.

• (2) Subsection (1) ceases to have effect on March 31, 2025.

• 4 (1) In addition to the levy payable under section 3, each producer must pay a levy of 44.0 cents per kilogram of live weight of chicken marketed in an audit period in interprovincial or export trade by the producer in excess of the federal quota or federal specialty chicken quota allotted to the producer, on behalf of CFC, by the Commodity Board of the province in which the producer’s registered facilities are located.

• (2) Subsection (1) applies in addition to any other measures that may be taken under the Act or under any order or regulations of CFC.

• (3) For the purpose of determining marketings in excess of federal quota under subsection (1), there must be no reduction on account of marketings below federal market development quota for the same audit period.

• 5 (1) Every primary processor who holds a market development licence issued under the Canadian Chicken Licensing Regulations and who markets chicken produced under a federal market development quota must pay the following:

  • (a) in the case of chicken that is not marketed during the market development commitment period, a levy of $1.00 per kilogram on the live weight equivalent of that chicken;

  • (b) in the case of chicken that is not marketed before the end of the period referred to in the schedule to the Canadian Chicken Marketing Quota Regulations that immediately follows the market development commitment period, an additional levy of $0.60 per kilogram on the live weight equivalent of that chicken;

  • (c) in the case of chicken, other than chicken referred to in paragraph (a) or (b), that is marketed by the primary processor to a buyer, or for an end-use, not referred to in section 3 of Schedule 2 to the Canadian Chicken Licensing Regulations, a levy of $1.60 per kilogram on the live weight equivalent of that chicken;

  • (d) in the case of chicken, other than chicken referred to in paragraph (a) or (b), that is not marketed as one of the product categories set out in column 1 of the table to section 1 of Schedule 2 to the Canadian Chicken Licensing Regulations, a levy of $1.60 per kilogram on the live weight equivalent of that chicken; and

  • (e) in the case of chicken, other than chicken referred to in paragraph (a) or (b), in respect of which the primary processor has not, within 21 days after each period (in this paragraph referred to as the “reporting period”) that is described by any of paragraphs (a) to (c) of the definition market development commitment period in section 1 and that is included in the market development commitment period during which chicken produced under the federal market development quota was marketed, provided sufficient information to CFC, or to any Commodity Board or person authorized by CFC to receive the information, to allow CFC to determine that the chicken was marketed during that reporting period to a buyer, and for an end-use, referred to in section 3 of Schedule 2 to the Canadian Chicken Licensing Regulations as one of the product categories set out in column 1 of the table to section 1 of Schedule 2 to those Regulations, a levy of $1.60 per kilogram on the live weight equivalent of that chicken.

• (2) For the purpose of subsection (1), the live weight equivalent of chicken is to be calculated using the coefficients set out in the schedule.