Vol. 148, No. 13 — June 18, 2014

Registration

SOR/2014-144 May 30, 2014

FARM PRODUCTS AGENCIES ACT

Regulations Amending the Canadian Chicken Marketing Quota Regulations

Whereas the Governor in Council has, by the Chicken Farmers of Canada Proclamation (see footnote a), established Chicken Farmers of Canada (“CFC”) pursuant to subsection 16(1) (see footnote b) of the Farm Products Agencies Act (see footnote c);

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

Whereas the process set out in the Operating Agreement, referred to in subsection 7(1) (see footnote d) of the schedule to that Proclamation, for making changes to quota allocation has been followed;

Whereas the proposed Regulations Amending the Canadian Chicken Marketing Quota Regulations are regulations of a class to which paragraph 7(1)(d) (see footnote e) of that Act applies by reason of section 2 of the Agencies Orders and Regulations Approval Order (see footnote f) and have 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) (see footnote g) of that Act, the National Farm Products Council has approved the proposed Regulations, after being satisfied that they are necessary for the implementation of the marketing plan that CFC is authorized to implement;

Therefore, Chicken Farmers of Canada, pursuant to paragraph 22(1)(f) of the Farm Products Agencies Act (see footnote h) and subsection 6(1) (see footnote i) of the schedule to the Chicken Farmers of Canada Proclamation (see footnote j), makes the annexed Regulations Amending the Canadian Chicken Marketing Quota Regulations.

Ottawa, May 28, 2014

REGULATIONS AMENDING THE CANADIAN CHICKEN MARKETING QUOTA REGULATIONS

AMENDMENTS

1. (1) The definitions “federal quota” and “provincial quota” in section 1 of the Canadian Chicken Marketing Quota Regulations (see footnote 1) are replaced by the following:

“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 these Regulations to market in interprovincial or export trade during the period referred to in the schedule. (contingent fédéral)

“provincial quota” means the number of kilograms of chicken, expressed in live weight, not including a provincial market development quota or provincial specialty chicken quota, that a producer is entitled, under any orders, regulations, policy directives, permits or other form for making quota allotments made or issued by the Provincial Commodity Board of the province in which the producer’s registered production facilities are located, to market in intraprovincial trade during the period referred to in the schedule. (contingent provincial)

(2) Section 1 of the Regulations is amended by adding the following in alphabetical order:

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

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

“provincial specialty chicken quota” means the number of kilograms of chicken, expressed in live weight, that a producer is entitled, under any orders, regulations, policy directives, permits or other form for making quota allotments made or issued by the Provincial Commodity Board of the province in which the producer’s registered production facilities are located, to market in intraprovincial trade, during the period referred to in the schedule, to any holder of a specialty chicken licence. (contingent provincial de poulet de spécialité)

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

2. (1) Paragraphs 3(a) and (b) of the Regulations are replaced by the following:

(2) Paragraph 3(d) of the Regulations is replaced by the following:

3. The Regulations are amended by adding the following after section 8:

ENTITLEMENT TO A FEDERAL SPECIALTY CHICKEN QUOTA

8.1 A producer is entitled to be allotted a federal specialty chicken quota if the producer

MARKETING UNDER A FEDERAL SPECIALTY CHICKEN QUOTA

8.2 If a producer is allotted a federal specialty chicken quota, the chicken produced under the quota must be marketed by the producer in accordance with the Canadian Chicken Licensing Regulations to a person who holds a valid specialty chicken licence.

RELATIONSHIP OF FEDERAL AND PROVINCIAL SPECIALTY CHICKEN QUOTA

8.3 The number of kilograms of chicken that a producer is authorized to market from a province under a federal specialty chicken quota allocation by or on behalf of CFC for the period referred to in the schedule is equal to the provincial specialty chicken quota allotted to the producer for that period by the Provincial Commodity Board of the province minus the number of kilograms of chicken marketed by the producer under the conditions of the provincial specialty chicken quota in intraprovincial trade in that province during the period.

4. The Regulations are amended by adding the following after section 10:

10.1 The Provincial Commodity Board of a province must allot federal specialty chicken quotas to producers in the province in such a manner that the aggregate of the following numbers of kilograms of chicken, expressed in live weight, that is produced in the province and authorized to be marketed, during the period referred to in the schedule, will not exceed the number of kilograms, expressed in live weight, set out in column 4 of the schedule in respect of the province for that period:

5. The schedule to the Regulations is replaced by the schedule set out in the schedule to these Regulations.

COMING INTO FORCE

6. These Regulations come into force on the day on which they are registered.

SCHEDULE
(Section 5)

SCHEDULE
(Sections 1, 5, 7, 8 and 8.3 to 10.1)
LIMITS FOR PRODUCTION AND MARKETING OF CHICKEN FOR THE PERIOD BEGINNING ON MAY 18, 2014 AND ENDING ON JULY 12, 2014
Item Column 1





Province		 Column 2

Production Subject to Federal and Provincial Quotas (in live weight)
(kg)		 Column 3

Production Subject to Federal and Provincial Market Development Quotas (in live weight)
(kg)		 Column 4
Production Subject to Federal and Provincial Specialty Chicken Quotas (in live weight)
(kg)
1. Ont. 70,631,617 2,000,000 0
2. Que. 57,803,672 3,233,960 0
3. N.S. 7,764,602 0 0
4. N.B. 6,128,278 0 0
5. Man. 9,032,347 382,500 0
6. B.C. 31,168,939 3,165,000 0
7. P.E.I. 784,766 0 0
8. Sask. 7,682,971 1,075,616 0
9. Alta. 19,791,734 125,000 0
10. N.L. 2,972,910 0 0
Total 213,761,836 9,982,076 0

EXPLANATORY NOTE

(This note is not part of the Regulations.)

These Regulations amend the Canadian Chicken Marketing Quota Regulations to add federal and provincial specialty chicken quota to the categories of quota prescribed by the Regulations, and to attach conditions and set limits in relation to federal and provincial specialty chicken quota.

The definitions of “federal specialty chicken quota,” “primary producer,” “provincial specialty chicken quota” and “specialty chicken licensing” are added to the definitions in section 1. The definitions of “federal quota” and “provincial quota” are amended to exclude federal and provincial specialty chicken quota.

Section 3 is amended to incorporate federal specialty chicken quota into the prohibitions on marketing chicken without quota, on marketing chicken in excess of quota, and marketing chicken contrary to the rules CFC authorizes the provincial commodity board to apply on its behalf in relation to allotting and administering quota.

Section 8.1 is added and establishes the entitlement of a producer to federal specialty chicken quota.

Section 8.2 is added and requires a producer allotted federal specialty chicken quota to market the chicken produced under the quota in accordance with the Canadian Chicken Licensing Regulations to a person holding a valid specialty chicken licence issued under those Regulations.

Section 8.3 is added and defines the relationship between federal and provincial specialty chicken quota in relation to the number of kilograms a producer is authorized to market in a period.

Section 10.1 is added and specifies the limit of kilograms of chicken that a provincial commodity board may allot.

Column 4 is added to the schedule of the Regulations and establishes the limits of production for federal and provincial specialty chicken quota for each province in kilograms live weight.