Canadian Beef Cattle Research, Market Development and Promotion Agency Proclamation

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-48/FullText.html

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Canadian Beef Cattle Research, Market Development and Promotion Agency Proclamation

SOR/2002-48FARM PRODUCTS AGENCIES ACT
Registration 2002-01-17
Canadian Beef Cattle Research, Market Development and Promotion Agency ProclamationADRIENNE CLARKSON
[L.S.]
Canada
Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.
To all to Whom these Presents shall come or whom the same may in any way concern,
Greeting:
MORRIS ROSENBERG
Deputy Attorney General
A Proclamation
Whereas subsection 39(1) of the Farm Products Agencies Act provides that the Governor in Council may, by proclamation, establish a promotion-research agency with powers relating to one or more farm products, where the Governor in Council is satisfied that the majority of the aggregate of the producers or, where the import trade in one or more farm products is to be included, the majority of the aggregate of the producers and importers, of all of those farm products, in Canada or in the region to which the proclamation relates, is in favour of the establishment of such an agency;
And Whereas the Governor in Council is satisfied that a majority of the aggregate of the producers and importers of beef cattle, beef and beef products in Canada is in favour of the establishment of a promotion-research agency;
Now Know You that We, by and with the advice of our Privy Council for Canada and pursuant to Order in Council P.C. 2001-2352 of December 13, 2001, do by this Our Proclamation

(a) establish a promotion-research agency, to be known as the Canadian Beef Cattle Research, Market Development and Promotion Agency, consisting of 16 members appointed in the manner and for the terms as set out in the annexed schedule,
(b) specify that the manner of designation of the chairman and vice-chairman of the Canadian Beef Cattle Research, Market Development and Promotion Agency, the manner of appointment and term of temporary substitute members of the Agency and the place within Canada where the head office of the Agency is to be situated are as set out in the annexed schedule,
(c) designate that the farm products in relation to which the Canadian Beef Cattle Research, Market Development and Promotion Agency may exercise its powers are beef cattle, beef and beef products as defined in the annexed schedule, and
(d) specify that the terms of the promotion-research plan that the Canadian Beef Cattle Research, Market Development and Promotion Agency is empowered to implement are as set out in the annexed schedule;

And Know You further that this Proclamation may be cited as the Canadian Beef Cattle Research, Market Development and Promotion Agency Proclamation.
Of All Which Our Loving Subjects and all others whom these Presents may concern are hereby required to take notice and to govern themselves accordingly.
In Testimony Whereof, We have caused this Our Proclamation to be published and the Great Seal of Canada to be hereunto affixed. Witness: Our Right Trusty and Well-beloved Adrienne Clarkson, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Governor General and Commander-in-Chief of Canada.
At Our Government House, in Our City of Ottawa, this seventeenth day of January in the year of Our Lord two thousand and two and in the fiftieth year of Our Reign.
By Command,
V. PETER HARDER
Deputy Registrar General of Canada
SCHEDULE
Interpretation

1 The following definitions apply in this schedule.

Act
Act means the Farm Products Agencies Act. (Loi)
Agency
Agency means the Canadian Beef Cattle Research, Market Development and Promotion Agency established by this Proclamation. (Office)
beef
beef means flesh of beef cattle. (boeuf)
beef cattle
beef cattle means live domesticated bulls, cows, steers, heifers and calves of the bovine species that are marketed for the production of beef or beef products. The expression includes beef breeding stock, veal calves, cull cows and dairy cattle marketed for slaughter, and excludes dairy breeding stock and other cattle marketed for dairy purposes. (bovins de boucherie)
beef products
beef products means edible products produced in whole or in part from beef. (produits du boeuf)
marketing
marketing, in relation to beef cattle, beef and beef products, means selling and offering for sale and buying, pricing, assembling, packing, processing, transporting, storing and any other act necessary to prepare the farm product in a form or to make it available at a place and time for purchase for consumption or use. (commercialisation)
Plan
Plan means the promotion and research plan the terms of which are set out in Part 2. (Plan)
province
province means a province referred to in the definition provincial cattle association. (province)
provincial cattle association

provincial cattle association means, in respect of the Province of

(a) Ontario, the Beef Farmers of Ontario;
(b) Quebec, the Fédération des producteurs de bovins du Québec;
(c) Nova Scotia, the Nova Scotia Cattle Producers;
(d) New Brunswick, the New Brunswick Cattle Producers;
(e) Manitoba, The Manitoba Cattle Producers Association;
(f) British Columbia, the Cattle Industry Development Council;
(g) Prince Edward Island, the Prince Edward Island Cattle Producers;
(h) Saskatchewan, the Saskatchewan Cattlemen’s Association;
(i) Alberta, the Alberta Beef Producers; and
(j) Newfoundland and Labrador, the Newfoundland and Labrador Cattlemen’s Association. (association provinciale de producteurs de bovins)

PART 1 Agency

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.
5 [Repealed, SOR/2009-134, s. 1]

6 (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) 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.
(3) [Repealed, SOR/2009-134, s. 2]

7 The head office of the Agency is to be situated in the City of Calgary, in the Province of Alberta.

PART 2 Terms of the Plan

Promotion and Research

8 The Agency is authorized to

(a) promote the marketing and production of beef cattle, beef and beef products for the purposes of interprovincial, export and import trade; and
(b) conduct and promote research activities related to those farm products.

Annual Business Program

9 The Agency shall annually submit to the Council a business program that sets out a detailed description of all the proposed business and activities of the Agency for a 12 month period, including all relevant information to enable the Council to determine if

(a) the proposed business and activities of the Agency are consistent with section 8 and the object of the Agency described in section 41 of the Act; and
(b) any existing or proposed orders or regulations referred to in subsection 10(1) are necessary for the implementation or administration of the Plan.

Levies and Charges

10 (1) The Agency may, for the purpose of implementation or administration of the Plan,

(a) by order or regulation, impose levies or charges on persons engaged in the marketing of beef cattle in interprovincial or export trade; and
(b) by order or regulation, impose levies or charges on persons engaged in the importation of beef cattle, beef or beef products into Canada.

(2) An order or regulation may classify persons into groups, specify the levies or charges, if any, payable by members of each such group and provide for the manner of collection of the levies or charges.
(3) The Agency shall retain moneys received from the levies or charges on persons engaged in the importation of beef cattle, beef or beef products into Canada in a separate account.
(4) Levies or charges imposed by orders or regulations of the Agency that are unpaid 30 days after they were due become a debt payable to the Agency.
(5) The Agency may, with the concurrence of a provincial cattle association, appoint that association or any other person to collect on the Agency’s behalf the levies or charges imposed by any order or regulation.

11 [Repealed, SOR/2015-201, s. 4]

Cooperation

12 The Agency shall take all reasonable steps to promote a high degree of cooperation among itself, the Canadian Cattlemen’s Association, each provincial cattle association, the Canadian Meat Council, the Canadian Association of Importers and Exporters Inc., and importers of beef cattle, beef and beef products into Canada.
Review of the Plan

13 (1) The Agency shall hold a meeting within five years after the coming into force of this Proclamation, and every five years after that, for the purpose of reviewing the terms and effectiveness of the Plan and determining whether or not any modifications are required to facilitate the carrying out by the Agency of its object described in section 41 of the Act.
(2) Within three months after the date of the meeting referred to in subsection (1), the Agency shall file a written report of its review and any recommendations for modifications with the Council, the Canadian Cattlemen’s Association, the provincial cattle associations, the Canadian Meat Council and the Canadian Association of Importers and Exporters Inc.

Section 42 Powers

14 Nothing in this Part affects the vesting of powers set out in section 42 of the Act in the Agency.

SOR/2005-102, ss. 1, 2;
SOR/2009-134, ss. 1, 2;
SOR/2015-201, ss. 1 to 4.

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