Canadian Egg Licensing Regulations, 1987

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/SOR-87-242/FullText.html

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Canadian Egg Licensing Regulations, 1987

SOR/87-242FARM PRODUCTS AGENCIES ACT
Registration 1987-04-24
Regulations Respecting the Licensing of Persons Who Are Engaged in the Marketing of Eggs in Interprovincial or Export TradeWhereas the Governor in Council has by the Canadian Egg Marketing Agency Proclamation, C.R.C., c. 646 established the Canadian Egg Marketing Agency pursuant to subsection 17(1) of the Farm Products Marketing Agencies ActFootnote *;
Return to footnote *S.C. 1970-71-72, c. 65
And Whereas the Canadian Egg Marketing Agency has been authorized to implement a marketing plan pursuant to the Canadian Egg Marketing Agency Proclamation;
Therefore, the Canadian Egg Marketing Agency, pursuant to paragraph 23(1)(f) of the Farm Products Marketing Agencies Act and section 9 of Part II of the schedule to the Canadian Egg Marketing Agency Proclamation, hereby revokes the Canadian Egg Licensing Regulations, C.R.C., c. 655 and makes the annexed Regulations respecting the licensing of persons who are engaged in the marketing of eggs in interprovincial or export trade, in substitution therefor.
Ottawa, March 26th, 1987
The National Farm Products Marketing Council, being satisfied that the making of the annexed Regulations is necessary for the administration of the marketing plan that the Canadian Egg Marketing Agency is authorized to implement, pursuant to paragraph 7(1)(e) of the Farm Products Marketing Agencies ActFootnote *, hereby approves the revocation of the Canadian Egg Licensing Regulations, C.R.C., c. 655 and the making of the annexed Regulations respecting the licensing of persons who are engaged in the marketing of eggs in interprovincial or export trade, made by the Canadian Egg Marketing Agency on March 26th, 1987, in substitution therefor.
Ottawa, April 21, 1987Short Title

1 These Regulations may be cited as the Canadian Egg Licensing Regulations, 1987.

Interpretation

2 In these Regulations,

Agency
Agency means the Canadian Egg Marketing Agency; (Office)
buyer
buyer means a person who buys eggs for resale and includes a retailer, grading station operator, dealer and processor; (acheteur)
egg
egg means the egg of a hen of any class of the domestic chicken belonging to the species Gallus Domesticus; (oeuf)
licence
licence means a buyer’s licence or a seller’s licence issued pursuant to section 5; (permis)
marketing
marketing means, in relation to eggs, selling and offering for sale, buying, pricing, assembling, packing, processing, transporting, storing and reselling, whether in whole or in processed form; (commercialisation)
producer
producer means a person engaged in the production of eggs in Canada; (producteur)
seller
seller means a person who sells eggs and includes a retailer, grading station operator, dealer and producer. (vendeur)

Application

3 These Regulations apply to persons who are engaged in the marketing of eggs in interprovincial or export trade in any province, including the Northwest Territories and the Yukon Territory, except persons who are buyers of less than 300 dozen eggs per month.
SOR/88-488, s. 1.

General

4 (1) Subject to subsections (2) and (3), no person shall engage in the marketing of eggs in interprovincial or export trade unless the person holds an appropriate licence.
(2) Every person who engages in the marketing of eggs in interprovincial or export trade, other than a producer, shall hold a separate licence in respect of each building used in the person’s marketing operation.
(3) Every person who engages in the marketing of eggs in interprovincial or export trade as a buyer and as a seller shall hold a buyer’s licence and a seller’s licence.

5 Subject to section 8, the Agency shall, on receipt of an application for a licence and payment of the fee set out in Column II of an item of Schedule I, issue the licence.

6 A licence

(a) expires one year after the date of issue; and
(b) is not transferable.

7 (1) Every licence shall be subject to the following conditions:

(a) subject to subsection (2), the holder of the licence shall submit to the Agency for the periods set out in the licence a report containing the information set out in Schedule II;
(b) the holder of the licence shall comply with all orders and regulations of the Agency and all orders of the National Farm Products Council;

(c) the holder of the licence shall keep complete and accurate books containing, for each transaction of the holder of the licence in relation to the marketing of eggs in interprovincial and export trade,

(i) the date of the transaction,
(ii) the name, address and licence number of the other holder of a licence, from whom the eggs were bought or to whom the eggs were sold,
(iii) the quantity and price per dozen of the eggs bought or sold, and
(iv) if the eggs bought or sold are graded, the grade of the eggs;

(d) the holder of the licence shall not knowingly engage in the marketing of eggs in interprovincial trade except with a person who holds a licence;
(e) the holder of the licence shall not knowingly engage in the marketing of eggs in interprovincial or export trade except in eggs that have been produced by a producer authorized to do so under a federal quota allotted to the producer pursuant to the Canadian Egg Marketing Agency Quota Regulations, 1986; and
(f) the holder of the licence shall retain the books referred to in paragraph (c) for six years after the date of the last entry made in the books.

(2) Paragraph (1)(a) does not apply to the holder of a licence who is a retailer who sells fewer than 300 dozen eggs per month.

SOR/88-488, s. 2;
SOR/94-164, s. 1.

8 The Agency may refuse to issue or renew a licence or may suspend or revoke a licence where the applicant or holder of the licence

(a) has failed to observe any condition of the licence; or
(b) is in contravention of any order, regulation or directive made pursuant to a provincial egg marketing plan established under the “Federal-Provincial Agreement in respect of the revision and consolidation of the Comprehensive Marketing Program for the purpose of regulating the marketing of Eggs in Canada”, authorized by Order in Council P.C. 1976-1979.

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

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

(a) the reasons on which the Agency bases its intention; and
(b) a time and date at which the applicant or holder of the licence may show cause why the licence should be issued or renewed or should not be suspended or revoked.

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

10 [Revoked, SOR/88-488, s. 3]

SCHEDULE I(Section 5)

Column I
Column II

Item
Type of Licence
Fee

1
Buyer’s licence
$10.00

2
Seller’s licence
10.00

SOR/94-164, s. 2.

SCHEDULE II(Paragraph 7(1)(a))

INFORMATION

1 Name, address and licence number of the holder of the licence.
2 Quantity of eggs marketed in interprovincial or export trade during the period set out in the licence.
3 Where the eggs referred to in item 2 are graded, the grade of the eggs.
4 Name, address and licence number of the holder of the licence from whom the eggs were bought or to whom the eggs were sold.