Canadian Broiler Hatching Egg and Chick Licensing Regulations

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/SOR-87-516/FullText.html

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Canadian Broiler Hatching Egg and Chick Licensing Regulations

SOR/87-516FARM PRODUCTS AGENCIES ACT
Registration 1987-08-14
Regulations Respecting the Establishment of aSystem of Licensing of Persons Engaged in the Marketing in Interprovincial or Export Trade of Broiler Hatching Eggs or Chicks Produced for Chicken ProductionWhereas the Governor in Council has, by the Canadian Broiler Hatching Egg Marketing Agency ProclamationFootnote *, established the Canadian Broiler Hatching Egg Marketing Agency, pursuant to subsection 17(1) of the Farm Products Marketing Agencies ActFootnote **;
And Whereas the Canadian Broiler Hatching Egg Marketing Agency has been empowered to implement a marketing plan pursuant to the Canadian Broiler Hatching Egg Marketing Agency ProclamationFootnote *;
Therefore, the Canadian Broiler Hatching Egg Marketing Agency, pursuant to paragraph 23(1)(f) of the Farm Products Marketing Agencies ActFootnote ** and section 7 of the schedule to the Canadian Broiler Hatching Egg Marketing Agency ProclamationFootnote *, hereby makes the annexed Regulations respecting the establishment of a system of licensing of persons engaged in the marketing in interprovincial or export trade of broiler hatching eggs or chicks produced for chicken production, effective October 1, 1987.
Ottawa, Ontario, June 30, 1987
The National Farm Products Marketing Council, pursuant to paragraph 7(1)(e) of the Farm Products Marketing Agencies ActFootnote *, being satisfied that the annexed Regulations are necessary for the administration of the marketing plan that the Canadian Broiler Hatching Egg Marketing Agency is authorized to implement, hereby approves the annexed Regulations respecting the establishment of a system of licensing of persons engaged in the marketing in interprovincial or export trade of broiler hatching eggs or chicks produced for chicken production, made by the Canadian Broiler Hatching Egg Marketing Agency on June 30, 1987.
Ottawa, Ontario, August 13, 1987.

Return to footnote *SOR/87-40, 1987 Canada Gazette Part II, p. 317
Return to footnote **S.C. 1970-71-72, c. 65
Short Title

1 These Regulations may be cited as the Canadian Broiler Hatching Egg and Chick Licensing Regulations.

Interpretation

2 (1) In these Regulations,

Agency
Agency[Repealed, SOR/2013-254, s. 1]
broiler hatching egg
broiler hatching egg[Repealed, SOR/2013-254, s. 1]
buyer
buyer means a chicken producer, dealer or hatchery operator who buys broiler hatching eggs or chicks produced for chicken production; (acheteur)
chick
chick[Repealed, SOR/2013-254, s. 1]
licence
licence means a buyer’s licence or a seller’s licence issued pursuant to section 5; (permis)
marketing
marketing[Repealed, SOR/2013-254, s. 1]
non-signatory provinces
non-signatory provinces[Repealed, SOR/2013-254, s. 1]
producer
producer[Repealed, SOR/2013-254, s. 1]
seller
seller means a producer, dealer or hatchery operator who sells broiler hatching eggs or chicks produced for chicken production; (vendeur)
signatory provinces
signatory provinces[Repealed, SOR/2013-254, s. 1]

(2) Unless otherwise provided, the definitions in section 1 of the schedule to the Canadian Hatching Egg Producers Proclamation apply in these Regulations.

SOR/87-698, s. 1;
SOR/90-28, s. 1;
SOR/2008-11, s. 1;
SOR/2013-254, s. 1.

Previous Version

Application

3 These Regulations apply

(a) to persons engaged in the marketing in interprovincial or export trade of broiler hatching eggs or chicks produced in a signatory province for chicken production; and
(b) to persons engaged in the interprovincial marketing from a non-signatory province into a signatory province of broiler hatching eggs or chicks produced in the non-signatory province for chicken production.

3.1 (1) These Regulations do not apply to buyers — whose province of operation is set out in column 1 of the table to this subsection — engaged in the interprovincial trade of chicks produced for chicken production and who, in a calendar year, purchase for on-farm consumption no more than the permitted number of chicks set out in column 2.
TABLE

Column 1
Column 2

Item
Province
Permitted Number of Chicks per Calendar Year

1
Ontario
300

2
Quebec
100

3
Nova Scotia
50

4
New Brunswick
200

5
Manitoba
999

6
British Columbia
200

7
Prince Edward Island
500

8
Saskatchewan
999

9
Alberta
2,000

10
Newfoundland and Labrador
100

(2) Buyers referred to in subsection (1) must not knowingly engage in the marketing in interprovincial trade of chicks produced for chicken production except with a person who holds an appropriate licence issued by the Agency under these Regulations and, in the case of chicks produced in a non-signatory province, unless the person holds an orderly marketing quota issued under the Canadian Broiler Hatching Egg and Chick Orderly Marketing Regulations.

SOR/2008-12, s. 1.

3.2 These Regulations apply to the sellers of chicks who sell to the buyers referred to in subsection 3.1(1).
SOR/2008-12, s. 1.

Prohibition

4 (1) No buyer shall engage in the marketing in interprovincial or export trade of broiler hatching eggs or chicks produced in a signatory province for chicken production unless the buyer holds a buyer’s licence.
(2) No seller shall engage in the marketing in interprovincial or export trade of broiler hatching eggs or chicks produced in a signatory province for chicken production unless the seller holds a seller’s licence.
(3) No buyer shall engage in the interprovincial marketing from a non-signatory province into a signatory province of broiler hatching eggs or chicks produced for chicken production unless the buyer holds a buyer’s licence.
(4) No seller shall engage in the interprovincial marketing from a non-signatory province into a signatory province of broiler hatching eggs or chicks produced for chicken production unless the seller holds a seller’s licence.

Licence

5 Subject to section 8, the Agency shall issue a licence to any person who applies for one.
SOR/88-580, s. 1.

6 A licence

(a) expires on December 31 of the year for which it is issued; and
(b) is not transferable.

7 A licence is subject to the following terms and conditions:

(a) the person to whom a licence is issued

(i) at all times during the term of the licence complies with the orders, regulations or requirements of the Agency or the National Farm Products Council that are applicable to that person,

(ii) at all times during the term of the licence complies with the orders, regulations or directives made pursuant to a provincial broiler hatching egg marketing plan referred to in the Federal-Provincial Agreement for Broiler Hatching Eggs, authorized by Order in Council P.C. 1986-2653Footnote *, that are applicable to that person,
Return to footnote *Not published in the Canada Gazette, Part II.

(iii) submits to the Agency in respect of the period set out in the licence a report containing the information set out in the schedule, and
(iv) keeps complete and accurate books and records of all matters related to the marketing in interprovincial or export trade of broiler hatching eggs or chicks produced for chicken production by the person and retains the books and records for a period of not less than six years after the day of the last entry therein; and

(b) the person to whom a licence is issued does not knowingly engage

(i) in the marketing in interprovincial trade of chicks except with a person who holds an appropriate licence or who is a buyer referred to in subsection 3.1(1),
(ii) in the marketing in interprovincial or export trade of broiler hatching eggs produced in a signatory province, except for broiler hatching eggs that have been produced by a producer who has been allotted an interprovincial quota or export quota pursuant to the Canadian Hatching Egg Producers Quota Regulations, or
(iii) in the interprovincial marketing from a non-signatory province into a signatory province of broiler hatching eggs produced in the non-signatory province, except for broiler hatching eggs that have been marketed by a person who has been allotted an orderly marketing quota pursuant to the Canadian Broiler Hatching Egg and Chick Orderly Marketing Regulations.

SOR/88-580, s. 2;
SOR/2008-11, s. 2;
SOR/2008-12, s. 2;
SOR/2013-254, s. 2.

Previous Version

8  (1) The Agency may refuse to issue a licence to an applicant

(a) who is a producer, if the applicant has not been allotted a quota by the Agency pursuant to the Canadian Broiler Hatching Egg and Chick Orderly Marketing Quota Regulations or the Canadian Hatching Egg Producers Quota Regulations;
(b) if the applicant does not comply with any order, regulation or requirement of the Agency or the National Farm Products Council that is applicable to the applicant; or

(c) if the applicant does not comply with any order, regulation or directive made pursuant to a provincial broiler hatching egg marketing plan referred to in the Federal-Provincial Agreement for Broiler Hatching Eggs, authorized by Order in Council P.C. 1986-2653Footnote *, that is applicable to the applicant.
Return to footnote *Not published in the Canada Gazette Part II.

(2) Where a person to whom a licence was issued fails to comply with any term or condition to which the licence is subject, the Agency may suspend, cancel or refuse to renew the licence.

SOR/2008-11, s. 2;
SOR/2013-254, s. 3.

Previous Version

9 (1) Where the Agency intends to refuse to issue or renew a licence or intends to suspend or cancel a licence, the Agency shall give notice of its intention to the applicant or the person to whom the licence was issued by personal service or registered mail.

(2) The notice referred to in subsection (1) shall set out

(a) the grounds on which the Agency bases its intention; and
(b) the day on which and the time and place at which the applicant or the person to whom the licence was issued may show cause why the licence should be issued or renewed or should not be suspended or cancelled.

(3) The day referred to in paragraph (2)(b) shall be not less than 30 days after the day of the service or mailing of the notice.

SCHEDULE I
[Revoked, SOR/88-580, s. 3]

SCHEDULE(Subparagraph 7(a)(iii))Information


Name, address and licence number of the person to whom the licence was issued.


The quantity of broiler hatching eggs or chicks, marketed in interprovincial or export trade during the period set out in the licence.


The name, address and licence number of the licencee from whom the broiler hatching eggs or chicks were bought or to whom the broiler hatching eggs or chicks were sold.


In the case of broiler hatching eggs, the price at which the broiler hatching eggs were bought or sold.


In the case of broiler hatching eggs for export, the name and address of the buyer, the name of the transporter, the date of export and the place of final destination.

SOR/88-580, s. 4;
SOR/2013-254, ss. 4(F), 5(E).

Previous Version