Canadian Broiler Hatching Egg Marketing Levies Order

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/SOR-2000-92/FullText.html

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Canadian Broiler Hatching Egg Marketing Levies Order

SOR/2000-92FARM PRODUCTS AGENCIES ACT
Registration 2000-03-09
Canadian Broiler Hatching Egg Marketing Levies OrderWhereas 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 the Canadian Broiler Hatching Egg Marketing Agency ProclamationFootnote a;
Whereas the proposed annexed Canadian Broiler Hatching Egg Marketing Levies Order is an order of a class to which paragraph 7(1)(d)Footnote d of that Act applies by reason of section 2 of the Agencies’ Orders and Regulations Approval OrderFootnote e and has been submitted to the National Farm Products Council pursuant to paragraph 22(1)(f) of that Act;

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

And whereas, pursuant to paragraph 7(1)(d)Footnote d of that Act, the National Farm Products Council is satisfied that the proposed Order is 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 Order;
Therefore, the Canadian Broiler Hatching Egg Marketing Agency, pursuant to paragraph 22(1)(f) of the Farm Products Agencies ActFootnote c and section 8 of the schedule to the Canadian Broiler Hatching Egg Marketing Agency ProclamationFootnote a, hereby makes the annexed Canadian Broiler Hatching Egg Marketing Levies Order.
Ottawa, Ontario, March 2, 2000Interpretation

1 (1) The definitions in this section apply in this Order.

Agency
Agency[Repealed, SOR/2013-253, s. 1]
broiler hatching egg
broiler hatching egg[Repealed, SOR/2013-253, s. 1]
chick
chick[Repealed, SOR/2013-253, s. 1]
Commodity Board
Commodity Board[Repealed, SOR/2013-253, s. 1]
dealer
dealer means a person, other than a producer or hatchery operator, that is engaged in the marketing of broiler hatching eggs in interprovincial or export trade. (négociant)
export quota
export quota means the number of broiler hatching eggs that a producer in a signatory province is entitled, under the Canadian Hatching Egg Producers Quota Regulations, to market in export trade during the period specified in the schedule to those Regulations. (contingent d’exportation)
hatchery operator
hatchery operator means a person who operates premises equipped with one or more incubators used for the incubation of broiler hatching eggs. (couvoirier)
interprovincial quota
interprovincial quota means the number of broiler hatching eggs that a producer in a signatory province is entitled, under the Canadian Hatching Egg Producers Quota Regulations, to market in interprovincial trade during the period set out in the schedule to those Regulations. (contingent interprovincial)
marketing
marketing[Repealed, SOR/2013-253, s. 1]
non-signatory provinces
non-signatory provinces[Repealed, SOR/2013-253, s. 1]
orderly marketing quota
orderly marketing quota means the number of broiler hatching eggs that a producer, dealer or hatchery operator in a non-signatory province is authorised, under the Canadian Broiler Hatching Egg and Chick Orderly Marketing Regulations, to market in interprovincial trade into a signatory province. (contingent de commercialisation)
producer
producer[Repealed, SOR/2013-253, s. 1]
signatory provinces
signatory provinces[Repealed, SOR/2013-253, s. 1]

(2) [Repealed, SOR/2015-242, s. 1]

SOR/2008-6, ss. 1, 3;
SOR/2013-253, s. 1;
SOR/2015-242, s. 1.

Previous Version

Levies

2 (1) A levy is hereby imposed on a producer in a signatory province, per broiler hatching egg produced in the province and marketed by the producer in interprovincial or export trade, as follows:

(a) in the Province of Ontario, $0.0083362;
(b) in the Province of Quebec, $0.00750;
(c) in the Province of Manitoba, $0.0099000;
(d) in the Province of British Columbia, $0.0192000;
(e) in the Province of Saskatchewan, $0.0082000; and
(f) in the Province of Alberta, $0.0153000.

(2) A levy is imposed on a producer, dealer or hatchery operator in a non-signatory province of $0.011406 per broiler hatching egg produced in a non-signatory province and marketed by that producer, dealer or hatchery operator in interprovincial trade into a signatory province.
(3) Subsections (1) and (2) cease to have effect on June 25, 2016.

SOR/2001-19, s. 1;
SOR/2002-37, s. 1;
SOR/2003-95, s. 1;
SOR/2004-58, s. 1;
SOR/2005-77, s. 1;
SOR/2005-119, s. 1;
SOR/2005-160, s. 1;
SOR/2006-54, s. 1;
SOR/2007-47, s. 1;
SOR/2008-6, s. 2;
SOR/2008-92, s. 1;
SOR/2008-226, s. 1(F);
SOR/2009-72, s. 1;
SOR/2009-114, s. 1;
SOR/2010-46, s. 1;
SOR/2010-75, s. 1;
SOR/2011-104, s. 1;
SOR/2012-55, s. 1;
SOR/2013-106, s. 1;
SOR/2013-253, s. 2;
SOR/2014-146, s. 1;
SOR/2015-41, s. 1;
SOR/2015-89, s. 1.

Previous Version

Additional Charges

3 (1) An additional charge is hereby imposed on a producer in any signatory province of $0.175 per broiler hatching egg produced in that province and marketed by that producer in interprovincial or export trade in excess of that producer’s interprovincial quota or export quota.
(2) An additional charge is hereby imposed on a producer, dealer or hatchery operator in a non-signatory province of $0.175 per broiler hatching egg produced in any non-signatory province and marketed by that producer, dealer or hatchery operator in interprovincial trade into a signatory province in excess of their orderly marketing quota or authorization under subsection 3(3) of the Canadian Broiler Hatching Egg and Chick Orderly Marketing Regulations.
(3) Subsections (1) and (2) apply in addition to any measures or sanctions imposed under the Farm Products Agencies Act or any order or regulation of the Agency.

SOR/2001-19, s. 2.

Collection

4 The Agency hereby appoints the Commodity Board of each signatory province to collect on behalf of the Agency the levy imposed by subsection 2(1) and the additional charges imposed by subsection 3(1) on producers in that province.

5 (1) If a producer in a signatory province markets broiler hatching eggs in interprovincial trade to a dealer or hatchery operator, the dealer or hatchery operator shall

(a) collect the levies imposed on the producer by subsection 2(1) by deducting the amount of the levies from the money payable by the dealer or hatchery operator to the producer; and
(b) remit the levies to the Commodity Board of that province not later than 15 days after the end of the month in which the broiler hatching eggs are marketed.

(2) Where the levies imposed on a producer in a signatory province by subsection 2(1) are not collected and remitted in accordance with subsection (1), the producer shall remit the levy to the Commodity Board of that province not later than 15 days after the end of the month in which the broiler hatching eggs are marketed.

6 A producer in a signatory province shall remit to the Commodity Board of that province the additional charges imposed on the producer by subsection 3(1) not later than seven days after the broiler hatching eggs are marketed.

7 A producer, dealer or hatchery operator in a non-signatory province shall remit to the Agency the levies imposed by subsection 2(2) and the additional charges imposed by subsection 3(2) on the producer, dealer or hatchery operator not later than seven days after the broiler hatching eggs are marketed.

Statement

8 When a producer, dealer or hatchery operator remits levies or additional charges to the Agency or to a Commodity Board under any of sections 5 to 7, the producer, dealer or hatchery operator shall complete, certify and forward to the Agency or the Commodity Board, as a statement that sets out the following information:

(a) the name and address of the producer, dealer or hatchery operator on whom the levies or additional charges were imposed;
(b) the number of broiler hatching eggs marketed by the producer, dealer or hatchery operator;
(c) the amount of levies or additional charges remitted; and
(d) any other information that relates to the levies or additional charges that the Agency or the Commodity Board may direct.

Commodity Board

9 A Commodity Board shall send to the Agency a copy of the statement required by section 8 and all the levies and additional charges received by the Commodity Board during a week, not later than the Wednesday of the following week.

Coming into Force

10 This Order comes into force on the day on which it is registered.