Allocation Methods Order — Hatching Eggs, Live Broilers, Eggs and Egg Products

SOR/95-197EXPORT AND IMPORT PERMITS ACT
Registration 1995-04-21
Order Establishing Methods for Allocating the Import Access Quantity for Hatching Eggs, Live Broilers, Eggs and Egg ProductsThe Secretary of State for External Affairs, pursuant to paragraph 6.2(2)(a)Footnote * of the Export and Import Permits Act, hereby issues the annexed Order establishing methods for allocating the import access quantity for hatching eggs, live broilers, eggs and egg products.
Return to footnote *S.C. 1994, c. 47, s. 106
Ottawa, April 19, 1995
ANDRÉ OUELLET
Secretary of State for External AffairsShort Title

1 This Order may be cited as the Allocation Methods Order — Hatching Eggs, Live Broilers, Eggs and Egg Products.

Interpretation

2 In this Order,

Act
Act means the Export and Import Permits Act; (Loi)
applicant
applicant means a resident of Canada who applies for an import allocation and includes a hatchery that is not a corporation whose owners are residents of Canada and apply for an import allocation. (requérant)
under-utilization

under-utilization, in respect of an import allocation, means

(a) where the Minister has established a minimum utilization level as a condition of the import allocation, utilization at a level below that level, and
(b) where the Minister has not established such a minimum utilization level, utilization of less than 90 per cent of the quantity allocated in the import allocation. (sous-utilisation)

SOR/2002-95, s. 1.

Hatching Eggs and Live Broilers

3 In section 4,

egg equivalents
egg equivalents means live broilers expressed as a number of eggs, as adjusted by a conversion factor representing average hatchability; (en équivalent d’oeufs)
hatchery
hatchery has the same meaning as in subsection 2(1) of the Health of Animals Act; (couvoir)
hatching eggs
hatching eggs means the goods set out in section 2 of the schedule; (oeufs d’incubation)
live broilers
live broilers means the goods set out in section 1 of the schedule; (poulets de chair)
market share

market share

(a) in the case of an import allocation in a calendar year other than the 2005 calendar year, means, in relation to a hatchery that is an applicant and in relation to the 12-month period ending on September 30 in the calendar year before the calendar year for which the import allocation is to apply, the hatchery’s percentage share of the total number of hatched hatching eggs among those hatcheries that are applicants; and

(b) in the case of an import allocation in calendar year 2005, means

(i) in relation to hatcheries that are applicants and in relation to the period beginning on October 1, 2002 and ending on September 30, 2003, the hatchery’s percentage share of the total number of hatched hatching eggs among those hatcheries that are applicants, or
(ii) in relation to a hatchery that hatched no hatching eggs in the period beginning on October 1, 2002 and ending on September 30, 2003 that is an applicant and in relation to the period beginning on October 1, 2003 and ending on September 30, 2004, the hatchery’s percentage share of the total number of hatched hatching eggs among those hatcheries that are applicants. (part de marché)

SOR/2002-95, s. 2;
SOR/2005-12, s. 1.

4 (1) Subject to subsections (2) and (3), the method for allocating to a hatchery that is an applicant the import access quantity of hatching eggs and live broilers that may be imported into Canada in each calendar year is as follows:

(a) for hatching eggs, multiply the import access quantity of hatching eggs by the hatchery’s market share; and
(b) for live broilers, multiply the import access quantity of live broilers, expressed in egg equivalents, by the hatchery’s market share.

(2) No hatchery shall be allocated a quantity of live broilers unless it has been allocated a quantity of hatching eggs.
(3) The quantities of hatching eggs and live broilers (in egg equivalents) to be allocated to a hatchery in accordance with subsection (1) shall be adjusted downward in proportion to the total under-utilization (in egg equivalents) of the two quantities by the hatchery during the 12-month period preceding the calendar year during which the import allocation is to apply.
(4) Subsection (3) shall not apply to any import allocations for the 2005 calendar year to eligible applicants in the Province of British Columbia.

SOR/2005-12, s. 2.

Eggs and Egg Products

5 In sections 6 and 7,

egg products
egg products means the goods set out in sections 4 to 7 of the schedule, as well as the goods set out in section 3 of the schedule if they are directed to an egg processing station for breaking; (sous-produits des oeufs)
eggs
eggs means the goods set out in section 3 of the schedule; (oeufs)
market share

market share

(a) in the case of applicants eligible for import allocations other than those mentioned in paragraph (b), means an applicant’s share of the total number of eggs or egg products, as the case may be, sold by all applicants for an import allocation for eggs or egg products, as the case may be, during the 12-month period ending on September 30 in the calendar year for which the import allocation is to apply; and
(b) in the 2005 and 2006 calendar years, in the case of applicants in the Province of British Columbia that received an import allocation in 2004 and that are eligible for import allocations, means an applicant’s share of the total number of eggs or egg products, as the case may be, sold by all applicants for an import allocation for eggs or egg products, as the case may be, during the period beginning on October 1, 2002 and ending on September 30, 2003; (part de marché)

registered egg station
registered egg station has the same meaning as in section 2 of the Egg Regulations. (poste d’oeufs agréé)

SOR/2002-95, s. 3;
SOR/2005-12, s. 3.

6 (1) Subject to subsection (2), the method for allocating the import access quantity of eggs that may be imported into Canada in each calendar year is as follows:

(a) each applicant who was a holder of a historical quota that was allocated in 1994 on the basis of the quota allocated in 1974 and adjusted since, shall receive the same quantity of eggs as specified in the 1994 quota; and
(b) any remaining portion of the import access quantity of eggs shall be allocated to registered egg stations that are applicants in proportion to their respective market shares of eggs.

(2) The quantity of eggs allocated to a holder or a registered egg station under paragraph (1)(a) or (b), as the case may be, shall be adjusted downward in proportion to any under-utilization by the holder or registered egg station during the 12-month period preceding the calendar year in which the import allocation is to apply.

7 (1) Subject to subsection (2), the method for allocating the import access quantity of egg products that may be imported into Canada in each calendar year is as follows:

(a) each applicant who was a holder of a historical quota that was allocated in 1994 on the basis of the quota allocated in 1974 and adjusted since, shall receive the same quantity of egg products as specified in the 1994 quota; and
(b) any remaining portion of the import access quantity of egg products shall be allocated to processors, wholesalers and distributors that are applicants in proportion to their respective market shares of egg products.

(2) The quantity of egg products allocated to a holder, processor, wholesaler or distributor under paragraph (1)(a) or (b), as the case may be, shall be adjusted downward in proportion to any under-utilization by the holder, processor, wholesaler or distributor during the 12-month period preceding the calendar year in which the import allocation is to apply.

SCHEDULE(Sections 3 and 5)

1 Live broilers for domestic production, being fowls of the species Gallus domesticus, and weighing not more than 185 g, that are classified under tariff item No. 0105.11.21 in the List of Tariff Provisions set out in the schedule to the Customs Tariff.
2 Hatching eggs, for broilers, of fowls of the species Gallus domesticus, that are classified under tariff item No. 0407.11.11 in the List of Tariff Provisions set out in the schedule to the Customs Tariff.
3 Eggs of fowls of the species Gallus domesticus, in the shell, fresh, preserved or cooked (other than hatching eggs for broilers), that are classified under tariff item No. 0407.11.91, 0407.21.10 or 0407.90.11 in the List of Tariff Provisions set out in the schedule to the Customs Tariff.
4 Egg yolks, fresh, dried, cooked by steaming or by boiling in water, moulded, frozen or otherwise preserved, whether or not containing added sugar or other sweetening matter, that are classified under tariff item No. 0408.11.10 or 0408.19.10 in the List of Tariff Provisions set out in the schedule to the Customs Tariff.
5 Birds’ eggs, not in the shell, fresh, dried, cooked by steaming or by boiling in water, moulded, frozen or otherwise preserved, whether or not containing added sugar or other sweetening matter, that are classified under tariff item No. 0408.91.10 or 0408.99.10 in the List of Tariff Provisions set out in the schedule to the Customs Tariff.
6 Egg preparations, not elsewhere specified or included, that are classified under tariff item No. 2106.90.51 in the List of Tariff Provisions set out in the schedule to the Customs Tariff.
7 Egg albumin that is classified under tariff item No. 3502.11.10 or 3502.19.10 in the List of Tariff Provisions set out in the schedule to the Customs Tariff.

SOR/98-71, ss. 1, 2;
SOR/2011-303, s. 1.

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