Canadian Broiler Hatching Egg and Chick Orderly Marketing Regulations

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/SOR-2000-283/FullText.html

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Canadian Broiler Hatching Egg and Chick Orderly Marketing Regulations

SOR/2000-283FARM PRODUCTS AGENCIES ACT
Registration 2000-06-30
Canadian Broiler Hatching Egg and Chick Orderly Marketing RegulationsWhereas the Governor in Council has, by the Canadian Broiler Hatching Egg Marketing Agency ProclamationFootnote a, established the Canadian Broiler Hatching Egg Marketing Agency pursuant to subsection 16(1)Footnote b of the Farm Products Agencies ActFootnote c;

Return to footnote aSOR/87-40
Return to footnote bS.C. 1993, c. 3, par. 13(b)
Return to footnote cS.C. 1993, c. 3, s. 2

Whereas the Canadian Broiler Hatching Egg Marketing Agency has been empowered to implement a marketing plan pursuant to that Proclamation;
Whereas that Proclamation was amended on May 8, 1989Footnote d to authorize the Canadian Broiler Hatching Egg Marketing Agency to establish a quota system for persons engaged in the marketing of chicks produced in a non-signatory province and marketed into a signatory province;
Return to footnote dSOR/89-250
Whereas the proposed annexed Canadian Broiler Hatching Egg and Chick Orderly Marketing Regulations are regulations of a class to which paragraph 7(1)(d)Footnote e of that Act applies by reason of section 2 of the Agencies’ Orders and Regulations Approval OrderFootnote f, and have been submitted to the National Farm Products Council pursuant to paragraph 22(1)(f) of that Act;

Return to footnote eS.C. 1993, c. 3, s. 7(2)
Return to footnote fC.R.C., c. 648

And whereas, pursuant to paragraph 7(1)(d)Footnote e of that Act, the National Farm Products Council is satisfied that the proposed regulations are necessary for the implementation of the marketing plan that the Canadian Broiler Hatching Egg Marketing Agency is authorized to implement, and has approved the proposed regulations;
Therefore, the Canadian Broiler Hatching Egg Marketing Agency, pursuant to paragraph 22(1)(f) of the Farm Products Agencies ActFootnote c and subsections 5(2) and 6.1(1)Footnote d of the schedule to the Canadian Broiler Hatching Egg Marketing Agency ProclamationFootnote a, hereby makes the annexed Canadian Broiler Hatching Egg and Chick Orderly Marketing Regulations.
Ottawa, Ontario, June 30, 2000Interpretation

1 (1) The definitions in this section apply in these Regulations.

Act
Act[Repealed, SOR/2013-255, s. 1]
Agency
Agency[Repealed, SOR/2013-255, s. 1]
broiler hatching egg
broiler hatching egg[Repealed, SOR/2013-255, s. 1]
chick
chick[Repealed, SOR/2013-255, s. 1]
dealer
dealer means a person, other than a producer or hatchery operator, engaged in the marketing in interprovincial trade into a signatory province of broiler hatching eggs or chicks produced in a non-signatory province. (négociant)
hatchability
hatchability means the percentage of saleable chicks obtained from the incubation of broiler hatching eggs as established for each province by the Department of Agriculture and Agri-Food and published by that Department in the Hatchery Review. (coefficient d’éclosion)
hatchery operator
hatchery operator means a person who incubates broiler hatching eggs into chicks. (couvoirier)
marketing
marketing[Repealed, SOR/2013-255, s. 1]
non-signatory provinces
non-signatory provinces[Repealed, SOR/2013-255, s. 1]
orderly marketing quota
orderly marketing quota means the number of broiler hatching eggs or chicks produced in a non-signatory province that a producer, dealer or hatchery operator is authorized under these Regulations to market in interprovincial trade into a signatory province during a year. (contingent de commercialisation)
producer
producer means a person engaged in the production of broiler hatching eggs in a non-signatory province. (producteur)
qualifying period

qualifying period means

(a) in relation to broiler hatching eggs, the period beginning on November 27, 1985 and ending on November 26, 1986; and
(b) in relation to chicks, the period beginning on August 1, 1988 and ending on July 31, 1989. (période de référence)

signatory provinces
signatory provinces[Repealed, SOR/2013-255, 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/2008-9, s. 1;
SOR/2013-255, s. 1.

Previous Version

Marketing Restrictions

2 No producer, dealer or hatchery operator shall engage in the marketing of broiler hatching eggs or chicks produced in a non-signatory province in interprovincial trade into a signatory province unless that producer, dealer or hatchery operator

(a) holds an orderly marketing quota for that signatory province; and
(b) markets a number of broiler hatching eggs or chicks that is not in excess of the orderly marketing quota referred to in paragraph (a).

3 (1) Section 2 does not apply to a producer, dealer or hatchery operator where

(a) broiler hatching eggs produced in a non-signatory province are marketed by the producer, dealer or hatchery operator in a non-signatory province into a signatory province;
(b) a number of chicks, equivalent to 96% of the number of broiler hatching eggs referred to in paragraph (a), will be returned by the hatchery operator in the signatory province to the producer in the province in which the eggs were produced or to the dealer or hatchery operator from whom the eggs were received;
(c) the producer, dealer or hatchery operator in a non-signatory province applies for, and receives from the Agency, authorization to market a designated quantity of broiler hatching eggs;
(d) the producer, dealer or hatchery operator in a non- signatory province markets broiler hatching eggs only to the extent of the Agency authorization granted; and

(e) the broiler hatching eggs are marketed pursuant to a contract that is in the form provided by the Agency and that

(i) specifies the number of broiler hatching eggs to be marketed and the number of chicks to be returned to the province in which the eggs were produced, and
(ii) provides that the parties shall comply with any applicable Order, Regulation or requirement of the Agency.

(2) The application referred to in paragraph (1)(c) shall

(a) be in the form provided by the Agency;
(b) be completed and signed by the applicant;

(c) contain information relevant to the marketing of the broiler hatching eggs and chicks, including

(i) the number of eggs to be marketed and the number of chicks to be returned to the province in which the eggs were produced, and
(ii) the price at which any such eggs shall be marketed;

(d) be accompanied by invoices, sales receipts or other documents evidencing the number of broiler hatching eggs marketed by the applicant in the year prior to the year for which the application is being made; and

(e) be filed with the Agency

(i) for the year 2000, on or before September 1, 2000, and
(ii) for subsequent years, on or before October 1 of the year preceding the year for which the authorization is sought.

(3) The Agency shall grant an authorization if the applicant meets the requirements set out in this section.
(4) An authorization issued under this section expires on December 31 of the year for which it is issued.

Orderly Marketing Quotas

4 (1) A producer, dealer or hatchery operator who, during the qualifying period, marketed into a signatory province broiler hatching eggs or chicks produced in a non-signatory province and who wishes to obtain an orderly marketing quota shall

(a) apply to the Agency for a licence, pursuant to the Canadian Broiler Hatching Egg and Chick Licensing Regulations, for the year to which the quota applies; and
(b) apply to the Agency for a quota no later than September 30 of the year preceding the year in respect of which the quota applies.

(2) An application for an orderly marketing quota referred to in subsection (1) shall

(a) be in the form provided by the Agency;
(b) be completed and signed by the applicant; and
(c) in the case of an application by an applicant to whom an orderly marketing quota has not previously been allotted, be accompanied by invoices, sales receipts or other evidence of the number of broiler hatching eggs or chicks produced in a non-signatory province and marketed by the applicant in interprovincial trade into the signatory province during the qualifying period.

(3) An applicant referred to in paragraph (2)(c) shall make the applicant’s books and records available for examination in order that the Agency may verify the accuracy of the information given pursuant to that paragraph.

5 (1) The Agency shall allot an orderly marketing quota to any applicant who meets the requirements of section 4 and is a holder of a licence under the Canadian Broiler Hatching Egg and Chick Licensing Regulations for the year in respect of which the orderly marketing quota applies.

(2) The orderly marketing quota in respect of a signatory province allotted to an applicant under subsection (1) for a year shall be equal to the number of broiler hatching eggs and chicks, adjusted to take into account the principle of comparative advantage of production, determined by the formula

X x Y
where


represents the percentage change, from the year the signatory province was first referred to in the definition signatory provinces in section 1 of the schedule to the Canadian Hatching Egg Producers Proclamation to the year in respect of which the orderly marketing quota is to apply, in the amount that is the total number of broiler hatching eggs and chicks subject to limits for that signatory province as set out in the schedule to the Canadian Hatching Egg Producers Quota Regulations, and


represents the number of broiler hatching eggs and chicks that were marketed during the qualifying period by the applicant into that signatory province.

SOR/2008-9, s. 2.
Previous Version

6 (1) An orderly marketing quota shall be expressed in a number of broiler hatching eggs.
(2) For the purpose of marketing chicks, the number of broiler hatching eggs in the orderly marketing quota shall be converted into the number of chicks by multiplying the number of broiler hatching eggs in the quota by the hatchability for the province of production during the year preceding the year in which the chicks are marketed.

7 An orderly marketing quota expires on December 31 of the year for which it is allotted.

8 (1) No producer, dealer or hatchery operator shall sell, give as security, lease or assign an orderly marketing quota.
(2) Where a producer, dealer or hatchery operator ceases to carry on business, the Agency may, on application, re-allot any orderly marketing quota held by that producer, dealer or hatchery operator on such terms and conditions as are necessary for the orderly marketing of broiler hatching eggs or chicks.

Reduction of Orderly Marketing Quotas

9 Where a producer, dealer or hatchery operator markets broiler hatching eggs or chicks produced in a non-signatory province in interprovincial trade into a signatory province in excess of that producer’s, dealer’s or hatchery operator’s orderly marketing quota for that signatory province for a year, the Agency shall reduce, in such manner and to such extent as are necessary for the orderly marketing of broiler hatching eggs and chicks, that producer’s, dealer’s or hatchery operator’s orderly marketing quota for that signatory province for the following year.

Suspension and Cancellation of Orderly Marketing Quotas

10 If a licence issued by the Agency to a producer, dealer or hatchery operator pursuant to the Canadian Broiler Hatching Egg and Chick Licensing Regulations is suspended or cancelled, the orderly marketing quota for that producer, dealer or hatchery operator shall be suspended or cancelled, as the case may be.

New Entrants

11 The Agency shall, on application, on such terms and conditions as are necessary for the orderly marketing of broiler hatching eggs and chicks, allot orderly marketing quotas for a signatory province to persons in a non-signatory province who did not market broiler hatching eggs or chicks produced in the non-signatory province in interprovincial trade into the signatory province during the qualifying period, if

(a) the market for broiler hatching eggs or chicks in the signatory province has increased; and
(b) the Agency has assigned a number of broiler hatching eggs or chicks for the allotment of orderly marketing quotas.

Coming into Force

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