Vol. 148, No. 13 — June 18, 2014
Registration
SOR/2014-145 May 30, 2014
FARM PRODUCTS AGENCIES ACT
Order Amending the Canadian Chicken Marketing Levies Order
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 proposed Order Amending the Canadian Chicken Marketing Levies Order is an order of a class to which paragraph 7(1)(d) (see footnote d) of that Act applies by reason of section 2 of the Agencies Orders and Regulations Approval Order (see footnote e) 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) (see footnote f) of that Act, the National Farm Products Council has approved the proposed Order, after being satisfied that it is necessary for the implementation of the marketing plan that CFC is authorized to implement;
Therefore, Chicken Farmers of Canada, pursuant to paragraphs 22(1)(f) and (g) of the Farm Products Agencies Act (see footnote g) and section 12 (see footnote h) of the schedule to the Chicken Farmers of Canada Proclamation (see footnote i), makes the annexed Order Amending the Canadian Chicken Marketing Levies Order.
Ottawa, May 28, 2014
ORDER AMENDING THE CANADIAN CHICKEN MARKETING LEVIES ORDER
AMENDMENTS
1. (1) The definitions “federal quota” and “primary processor” in section 1 of the Canadian Chicken Marketing Levies Order (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 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)
“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)
(2) Section 1 of the Order 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 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)
“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. Subsection 2(1) of the Order is amended by striking out “and” at the end of paragraph (d) and by adding the following after paragraph (e):
- (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.
3. Subsection 4(1) of the Order is replaced by the following:
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 Provincial Commodity Board of the province in which the producer’s registered facilities are located.
4. The Order is amended by adding the following after section 5:
5.1 Every primary processor or producer who holds a specialty chicken licence and who markets chicken produced under a federal specialty chicken quota must pay a levy of $1.60 per kilogram on the live weight of any chicken that is marketed by them under a federal specialty chicken quota and that does not fall within the product category, set out in Schedule 4 to the Canadian Chicken Licensing Regulations, for which the federal specialty chicken quota has been issued.
5. The heading before section 12 and sections 12 to 13 of the Order are replaced by the following:
12. CFC shall issue a notice of assessment to every primary processor or producer who must pay a levy under section 5.1.
13. (1) Within 20 days after the day on which the notice of assessment is received, the primary processor or producer shall
- (a) pay the levy; or
- (b) advise CFC in writing that it intends to dispute the notice.
(2) Within 30 days after the day on which the notice of assessment is received, the primary processor or producer may dispute the notice by providing CFC with documents or information, in writing, whose purpose is to establish that the failure to comply with the conditions set out in paragraph 5(7)(d) of the Canadian Chicken Licensing Regulations is due to an event that
- (a) was not reasonably foreseeable;
- (b) rendered it impossible, through no fault of the primary processor or producer, for the primary processor or producer to market the product category of chicken for which the federal specialty chicken quota was issued; and
- (c) was beyond the control of the primary processor or producer.
14. (1) If the documents or information establish that the failure is due to an event described in subsection 13(2), CFC shall issue to the primary processor or producer a notice that cancels the notice of assessment but if CFC finds that the event described in that subsection was the cause of the failure to market in respect of only a portion of the marketings that were not made in accordance with the conditions of licence, CFC shall revise the assessment for the purposes of issuing a final assessment determination.
(2) If CFC does not issue to the primary processor or producer a notice that cancels the notice of assessment, CFC shall issue a final assessment determination.
(3) The primary processor or producer shall remit the levy within 35 days after the day on which the final assessment determination is received.
COMING INTO FORCE
6. This Order comes into force on the day on which it is registered.
EXPLANATORY NOTE
(This note is not part of the Order.)
This Order amends the Canadian Chicken Marketing Levies Order to extend its application to chicken produced under federal specialty chicken quota, to establish levies for primary processors or producers who hold a specialty chicken licence and who market chicken other than chicken of the product category for which the federal specialty chicken quota was assigned, and to establish a procedure for the collection of these levies.
The definitions of “federal specialty chicken quota” and “specialty chicken licence” are added to the definitions in section 1. The definition of “federal quota” is amended to exclude federal specialty chicken quota. The definition of “primary processor” in section 1 is expanded to include a processor who slaughters chicken produced and marketed under a federal specialty chicken quota.
Paragraphs 2(1)(f) and 2(1)(g) are added to extend the application of the Canadian Chicken Marketing Levies Order to primary processors or producers who market chicken produced under or in excess of a federal specialty chicken quota.
Subsection 4(1) is expanded to include chicken marketed in excess of federal specialty chicken quota.
Section 5.1 is added to impose a levy of $1.60 on chicken marketed under a federal specialty chicken quota that is not of the product category for which the federal specialty chicken quota was assigned.
Sections 12, 13, and 14 are added to impose a procedure for the collection of the levy imposed by section 5.1.
- Footnote a
SOR/79-158; SOR/98-244, s.1 - Footnote b
S.C. 2011, c. 25, s. 35 - Footnote c
R.S., c. F-4; S.C. 1993, c. 3, s. 2 - Footnote d
S.C. 1993, c. 3, s. 7(2) - Footnote e
C.R.C., c. 648 - Footnote f
S.C. 1993, c. 3, s. 7(2) - Footnote g
R.S., c. F-4; S.C. 1993, c. 3, s. 2 - Footnote h
SOR/2002-1, ss. 13 and 16 - Footnote i
SOR/79-158; SOR/98-244, s.1 - Footnote 1
SOR/2002-35