Canada Gazette, Part I, Volume 149, Number 9: Proclamation Amending the Canadian Beef Cattle Research, Market Development and Promotion Agency Proclamation

February 28 , 2015

Statutory authority

Farm Products Agencies Act

Sponsoring agency

National Farm Products Council

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Proclamation.)

Issues and objectives

The Farm Products Marketing Agencies Act was proclaimed in 1972. This legislation allowed the creation of the National Farm Products Council (NFPC), also referred to by its applied name of the Farm Products Council of Canada (FPCC). The Act also provides the legal foundation for the creation of the Canadian Beef Cattle Research, Market Development and Promotion Agency. This agency provides a stable funding source for research, market development and promotion activities through levies or check-offs on persons engaged in the marketing of beef and beef products in importation and interprovincial or export trade.

The Canadian Beef Cattle Research, Market Development and Promotion Agency is an agency created by royal proclamation in 2002 pursuant to part III, subsection 39(1), of the Farm Products Agencies Act (FPAA).

In 2011, on the recommendation of the Canada Beef Working Group, two organizations, the Canada Beef Export Federation and the Beef Information Centre, agreed to merge with the Canadian Beef Cattle Research, Market Development and Promotion Agency.

This merger will allow for the development of a new organizational structure that will maximize the efficiency and effectiveness of domestic and international beef marketing activities and provide for additional funds generated through simplified administration and the elimination of duplication. This change will also require changes in the administration of the existing Canadian Beef Cattle Research, Market Development and Promotion Agency Proclamation. This will reflect the new structure of the organization and how members of the Agency will now be elected.

The existing Proclamation allows the Agency to have a total of 16 members. There are 14 members from the Canadian Cattlemen's Association and 1 member each from the Canadian Meat Council and the Canadian Association of Importers and Exporters Inc.

The proposed amendment would allow the provincial boards from British Columbia, Saskatchewan, Manitoba, Ontario, Quebec, New Brunswick, Nova Scotia, and Prince Edward Island to nominate 1 member and from Alberta to nominate 2 members. The amendment would also allow the Canadian Meat Council to nominate 4 members, the Canadian Association of Importers and Exporters Inc. to nominate 1 member and the retail and food service sector to nominate 1 member, for a total of 16 members.

Description

The proposed amendments to the Proclamation would

• Change the name of two provincial associations, the “Ontario Cattlemen's Association” to the “Beef Farmers of Ontario” and the “Prince Edward Island Cattlemen's Association Inc.” to the “Prince Edward Island Cattle Producers.”

The Province of Saskatchewan has assigned the task of administration of The Cattle Marketing Deductions Act, 1998, S.S. 1998, c. C-3.1, from the Minister of Agriculture, Food and Rural Revitalization, or such other member of the Executive Council of Saskatchewan, to the “Saskatchewan Cattlemen's Association.” This amendment needs to be reflected in the Proclamation as the Saskatchewan Cattlemen's Association will be appointed by the Canadian Beef Cattle Research, Market Development and Promotion Agency to collect, on the Canadian Beef Cattle Research, Market Development and Promotion Agency's behalf, the levies or charges imposed by any order or regulations made by the Canadian Beef Cattle Research, Market Development and Promotion Agency and approved by the Farm Products Council of Canada.

• Change the structure of the Board. The proposed amendment would provide that the provincial boards from British Columbia, Saskatchewan, Manitoba, Ontario, Quebec, New Brunswick, Nova Scotia, and Prince Edward Island may nominate 1 member and from Alberta may nominate 2 members. The Canadian Meat Council may nominate 4 members, the Canadian Association of Importers and Exporters Inc. may nominate 1 member, and the retail and food service sector may nominate 1 member, for a total of 16 members.

Newfoundland and Labrador will have no representatives as the province has no provincial beef board and cattle numbers for this province represent 0.1% of the Canadian total cattle inventory and, as such, are not significant.

• Repeal section 11 and have monies collected by import levy kept in a separate account and controlled by the Canadian Beef Cattle Research, Market Development and Promotion Agency and directed towards programs that promote increased beef consumption in Canada. Currently, section 11 of the Proclamation allows members of the Board, representing the importers and the Canadian Meat Council, to direct (within the confines of the business plan) how monies collected by import levy are spent.

Consultation

The proposed amendments were developed in collaboration with stakeholders over more than two years of extensive consultation. Key participants in the consultation process included the Beef Information Centre, the Canada Beef Export Federation, the Canadian Cattlemen's Association, provincial cattle producers associations and provincial supervisory boards. Agriculture and Agri-Food Canada and provincial departments of Agriculture were also consulted and fully support this initiative.

Furthermore, specific industry stakeholder groups have been consulted through various mechanisms, including face-to-face meetings, pilot project activities and tabletop exercises, information sessions and direct mail consultations. The proposed structure has met with approval from all stakeholders.

The Canadian Meat Council and the Canadian Association of Importers and Exporters Inc. have indicated that they are satisfied that the Board of Directors makes decisions appropriate for the best use of the funds and that section 11 of the Proclamation should be revoked. The Canadian Association of Importers and Exporters Inc. and the Canadian Meat Council have been informed and are satisfied that all decisions on expenditures must reflect the Agency's business plan, which is approved by the members of the Agency and reviewed by the Farm Products Council of Canada.

“One-for-One” Rule

The “One-for-One” Rule does not apply to this proposal, as there are no administrative costs to business.

Small business lens

The small business lens does not apply to this proposal, as there are no costs to small business.

Implementation, enforcement and service standards

The proposed amendments will come into force on the day on which they are registered.

The enforcement of any provisions in these amendments is the responsibility of the Canadian Beef Cattle Research, Market Development and Promotion Agency as monitored by the National Farm Products Council.

Key stakeholders

The key stakeholders are beef producers, provincial cattle associations, the Canadian Meat Council, the Canadian Association of Importers and Exporters Inc., the Government of Canada and the Canadian Beef Cattle Research, Market Development and Promotion Agency.

Contacts

Marc Chamaillard
Director
Corporate and Regulatory Affairs
Farm Products Council of Canada
Building 59
960 Carling Avenue
Ottawa, Ontario
K1A 0C6
Telephone: 613-759-1706
Email: marc.chamaillard@agr.gc.ca

Pierre Bigras
Manager
Regulatory Affairs
Farm Products Council of Canada
Building 59
960 Carling Avenue
Ottawa, Ontario
K1A 0C6
Telephone: 613-759-1712
Email: pierre.bigras@agr.gc.ca

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council, pursuant to subsection 39(1) (see footnote a) of the Farm Products Agencies Act (see footnote b), proposes to direct that a Proclamation do issue amending the Canadian Beef Cattle Research, Market Development and Promotion Agency Proclamation (see footnote c) in accordance with the annexed schedule.

Interested persons may make representations concerning the proposed Proclamation within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Pierre Bigras, Manager, Regulatory Affairs, Farm Products Council of Canada, Central Experimental Farm, Building 59, 960 Carling Avenue, Ottawa, Ontario K1A 0C6 (tel.: 613-759-1555; fax: 613-759-1566; email: pierre.bigras@agr.gc.ca).

Ottawa, February 19, 2015

JURICA ČAPKUN
Assistant Clerk of the Privy Council

PROCLAMATION AMENDING THE CANADIAN BEEF CATTLE RESEARCH, MARKET DEVELOPMENT AND PROMOTION AGENCY PROCLAMATION

SCHEDULE

1. (1) Paragraph (a) of the definition “provincial cattle association” in section 1 of the schedule to the Canadian Beef Cattle Research, Market Development and Promotion Agency Proclamation (see footnote 1) is replaced by the following:

• (a) Ontario, the Beef Farmers of Ontario;

(2) Paragraphs (g) and (h) of the definition “provincial cattle association” in section 1 of the schedule to the Proclamation are replaced by the following:

• (g) Prince Edward Island, the Prince Edward Island Cattle Producers;
• (h) Saskatchewan, the Saskatchewan Cattlemen's Association;

2. Sections 2 to 4 of the schedule to the Proclamation are replaced by the following:

2. The 16 members of the Agency are to be elected by the delegates at the Agency's Annual Forum in the following manner:

• (a) one member is to be elected to represent the primary producers of each of the following provinces from among the candidates who are nominated by the provincial cattle association of those provinces:
  • (i) Ontario,
  • (ii) Quebec,
  • (iii) Nova Scotia,
  • (iv) New Brunswick,
  • (v) Manitoba,
  • (vi) British Columbia,
  • (vii) Prince Edward Island, and
  • (viii) Saskatchewan;
• (b) two members are to be elected to represent the primary producers of Alberta from among the candidates who are nominated by the provincial cattle association of Alberta;
• (c) one member is to be elected to represent importers from among the candidates who are nominated by the Canadian Association of Importers and Exporters Inc.;
• (d) one member is to be elected to represent the retail and food service sector from among the candidates who are employed in that sector and who are nominated by the delegates at the Annual Forum, and one temporary substitute member is to be elected by those delegates from among the candidates who is to hold office until the next Annual Forum, if the member who represents the retail and food service sector resigns or dies, or to act during any period in which that member is unable to act; and
• (e) four members are to be elected to collectively represent the beef and veal processors, traders, brokers and exporters from among the candidates who are nominated by the Canadian Meat Council.

3. A member holds office for a two-year term beginning on the last day of the Annual Forum at which the member is elected.

4. If a member resigns or dies, the association or council that nominated the member is to appoint a temporary substitute member to hold office until the next Annual Forum, and if a member is unable to act, the association or council is to appoint a temporary substitute member to act during the period that the member is unable to act.

3. (1) Subsection 6(1) of the schedule to the Proclamation is replaced by the following:

(1) The members of the Agency are, at their first meeting and, after that, at the first meeting after each Annual Forum, to elect from among themselves a chair and a vice-chair.

(2) Subsection 6(2) of the English version of the schedule to the Proclamation is replaced by the following:

(2) If the chair and vice-chair resign their office or cease to be members of the Agency, or if one resigns and the other ceases to be a member, the members of the Agency are, at their next meeting, to elect from among themselves a new chair and vice-chair.

4. Section 11 of the schedule to the Proclamation and the heading before it are repealed.

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