Canadian Egg Marketing Agency Quota Regulations, 1986

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Canadian Egg Marketing Agency Quota Regulations, 1986

SOR/86-8FARM PRODUCTS AGENCIES ACT
Registration 1985-12-17
Regulations Respecting the Determination of the Number of Dozens of Eggs that an Egg Producer may Market in Interprovincial and 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
Whereas the Canadian Egg Marketing Agency has been empowered to implement a marketing plan pursuant to the Canadian Egg Marketing Agency Proclamation;
Whereas the proposed Canadian Egg Marketing Agency Quota Regulations annexed hereto are of a class to which paragraph 7(1)(d) of the said Act applies by reason of section 2 of the Agencies’ Orders and Regulations Approval Order, C.R.C., c. 648, and has been submitted to the National Farm Products Marketing Council pursuant to paragraph 23(1)(f) of the said Act;
And Whereas the National Farm Products Marketing Council is satisfied pursuant to paragraph 7(1)(d) of the said Act that the making of the proposed Regulations is necessary for the implementation of the marketing plan that the Canadian Egg Marketing Agency is authorized to implement and has approved the proposed Regulations on the 13th day of December, 1985.
Therefore, the Canadian Egg Marketing Agency, pursuant to paragraph 23(1)(f) of the Farm Products Marketing Agencies ActFootnote * and subsection 2(1) of Part II of the Schedule to the Canadian Egg Marketing Agency Proclamation, C.R.C., c. 646, hereby makes the annexed Regulations respecting the determination of the number of dozens of eggs that an egg producer may market in interprovincial and export trade.
Ottawa, December 13, 1985Short Title

1 These Regulations may be cited as the Canadian Egg Marketing Agency Quota Regulations, 1986.
SOR/86-411, s. 1.

Interpretation

2 In these Regulations:

Act
Act means the Farm Products Agencies Act; (Loi)
Agency
Agency means the Canadian Egg Marketing Agency; (Office)
Commodity Board

Commodity Board means, in respect of the Province of

(a) Ontario, the Ontario Egg Producers,
(b) Quebec, la Fédération des producteurs d’oeufs de consommation du Québec,
(c) Nova Scotia, the Nova Scotia Egg and Pullet Producers Marketing Board,
(d) New Brunswick, the New Brunswick Egg Marketing Board,
(e) British Columbia, the British Columbia Egg Producers,
(f) Prince Edward Island, the Prince Edward Island Egg Commodity Marketing Board,
(g) Manitoba, the Manitoba Egg Producers,
(h) Saskatchewan, the Saskatchewan Egg Producers,
(i) Alberta, the Alberta Egg and Fowl Marketing Board,
(j) Newfoundland, the Newfoundland Egg Marketing Board, and
(k) the Northwest Territories, the Northwest Territories Egg Producers; (Office de commercialisation)

designated facilities
designated facilities means a producer’s hen laying barns the entire output of eggs of which is dedicated for marketing by that producer exclusively to a single processor pursuant to a export market development quota; (installations désignées)
egg
egg means the egg of a domestic hen; (oeuf)
egg for processing quota
egg for processing quota means the number of dozens of eggs that a producer is entitled, under these Regulations, to market to a processor in interprovincial and export trade during the period set out in Schedule 1.2; (contingent de transformation)
export market development quota
export market development quota means the number of dozens of eggs produced in designated facilities that a producer is entitled, under these Regulations, to market exclusively to a single processor in export trade during the period set out in Schedule 1.3; (contingent pour le développement du marché d’exportation)
export quota
export quota[Repealed, SOR/2001-27, s. 1]
federal quota
federal quota means the number of dozens of eggs that a producer is entitled, under these Regulations, to market in interprovincial and export trade through normal marketing channels during the period set out in Schedule 1; (contingent fédéral)
hen
hen means a hen belonging to the species gallus domesticus; (poule)
marketing
marketing, in relation to eggs, means selling and offering for sale and buying, pricing, assembling, packing, processing, transporting, storing and reselling, whether in whole or in processed form; (commercialisation)
processor
processor means any person who breaks eggs and filters, blends, heat-treats, stabilizes, mixes, cools, freezes and dries eggs (transformateur)
producer
producer means any person engaged in the production of eggs; (producteur)
provincial quota
provincial quota means the number of dozens of eggs that a producer is entitled, under orders, regulations or policy directives, made by the Commodity Board of a province, to market in intraprovincial trade during the period set out in Schedule 1; (contingent provincial)
special temporary market requirement quota
special temporary market requirement quota means the number of dozens of eggs that a producer is entitled, under these Regulations, to market to a processor in interprovincial and export trade to satisfy temporary market requirements for eggs during the period set out in Schedule 1.1; (contingent spécial pour les besoins temporaires du marché)
vaccine quota
vaccine quota means the number of dozens of eggs that a producer is entitled, under these Regulations, to market to a vaccine manufacturer in interprovincial and export trade during the period set out in Schedule 2. (contingent de vaccin)

SOR/86-411, s. 2;
SOR/98-539, s. 1;
SOR/99-47, s. 1;
SOR/99-187, s. 1;
SOR/2000-234, s. 1;
SOR/2001-27, s. 1;
SOR/2008-14, s. 1;
SOR/2015-222, s. 1;
SOR/2015-251, s. 1.

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Application

3 (1) Subject to subsection (2), these Regulations apply to the marketing of eggs in interprovincial and export trade.
(2) These Regulations do not apply to eggs that are placed in an incubator for hatching.

Federal Quota Prohibitions

4 (1) No producer shall market eggs in interprovincial or export trade unless

(a) a federal quota, egg for processing quota, export market development quota, special temporary market requirement quota or vaccine quota has been allotted to the producer, on behalf of the Agency, by the Commodity Board of the province in which the producer’s egg production facilities are located;
(b) the number of eggs marketed does not exceed the federal quota, egg for processing quota, export market development quota, special temporary market requirement quota or vaccine quota referred to in paragraph (a);
(c) the producer complies with any subsisting rules of the Commodity Board referred to in paragraph (a) that the Commodity Board has been authorized by the Agency, under subsection 22(3) of the Act, to apply, in performing on behalf of the Agency the function of allotting and administering federal quotas, egg for processing quotas, export market development quotas, special temporary market requirement quotas and vaccine quotas;

(d) in the case of eggs marketed by the producer under an egg for processing quota,

(i) all such eggs are sold by the producer to a processor at a price not less than the price of eggs of an equivalent variety, class, grade or size sold under the Agency’s Industrial Products Program,
(ii) all such eggs are sold by the producer to the processor pursuant to a contract that has been approved by the Agency,
(iii) the producer holds a seller’s licence and the processor holds a buyer’s licence issued pursuant to the Canadian Egg Licensing Regulations, 1987,
(iv) the receipts from the sale of all such eggs are pooled, and
(v) payment to the producer for the sale of such eggs is determined upon the pooled receipts less expenses incurred by the Agency in relation to all sales;

(e) in the case of eggs marketed by the producer under an export market development quota,

(i) all such eggs are sold by the producer to a processor pursuant to a contract that has been approved by the Agency or pursuant to a contract between the Agency, producer and the processor of all such eggs,
(ii) all such eggs are produced by the producer pursuant to a laying hen possession quota issued by the Commodity Board of the province in which the producer’s designated facilities are located, and
(iii) the producer holds a seller’s licence and the processor holds a buyer’s licence issued pursuant to the Canadian Egg Licensing Regulations, 1987;

(e.1) in the case of eggs marketed by the producer under a special temporary market requirement quota,

(i) all such eggs are sold by the producer to a processor at a price not less than the price of eggs of an equivalent variety, class, grade or size sold under the Agency’s Industrial Products Program, and
(ii) all such eggs are sold by the producer to the processor pursuant to a contract that has been approved by the Agency; and

(f) in the case of eggs marketed by a producer under a vaccine quota

(i) all such eggs are sold by the producer to a vaccine manufacturer at a price not less than the price of eggs of an equivalent variety, class, grade or size sold under the Agency’s Industrial Products Program,
(ii) all such eggs are sold by the producer to the vaccine manufacturer under a contract that has been approved by the Agency, and
(iii) the producer holds a seller’s licence and the vaccine manufacturer holds a buyer’s licence issued under the Canadian Egg Licensing Regulations, 1987.

(2) Subsection (1) does not apply to eggs marketed under quota exemptions referred to in subsection 7(2).

SOR/98-539, s. 2;
SOR/99-47, s. 2;
SOR/2001-27, s. 2;
SOR/2008-14, s. 2;
SOR/2015-222, s. 2.

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Entitlement to a Federal Quota

5 (1) Subject to subsection (2), a producer is not entitled to be allotted a federal quota unless, immediately before the coming into force of these Regulations,

(a) the producer had a provincial quota that was allotted to him by the Commodity Board of the province in which the producer’s egg production facilities are located; and
(b) the producer was entitled to a federal quota pursuant to the Canadian Egg Marketing Agency Quota Regulations, C.R.C., c. 656.

(2) After the coming into force of these Regulations, a producer is entitled to be allotted a federal quota if, pursuant to the rules of the Commodity Board of the province in which the producer’s egg production facilities are located, the producer is allotted a provincial quota.

Entitlement to Egg for Processing Quota, Special Temporary Market Requirement Quota and Vaccine Quota

5.1 A producer is entitled to be allotted an egg for processing quota, a special temporary market requirement quota or a vaccine quota if the producer has been allotted, or would be entitled to be allotted, a federal quota under these Regulations.

SOR/98-539, s. 3;
SOR/2001-27, s. 3;
SOR/2008-14, s. 3;
SOR/2015-222, s. 3.

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Entitlement to Export Market Development Quota

5.2 A producer shall be allotted or hold an export market development quota only if

(a) the producer and processor enter into a contract approved by the Agency in respect of eggs marketed pursuant to the export market development quota and the producer agrees to observe the terms and conditions of the contract; or
(b) the producer, processor and the Agency enter into a contract in respect of eggs marketed under the export market development quota.

SOR/99-47, s. 3.

Relationship of Federal Quota to Provincial Quota

6 Subject to these Regulations, the quantity of eggs that a producer is authorized to market from a province under a federal quota during the period set out in Schedule 1 shall equal the provincial quota allotted to the producer for that period by the Commodity Board of the province minus the quantity of eggs marketed by the producer in intraprovincial trade in that province during the period.

SOR/86-411, s. 3;
SOR/99-187, s. 2;
SOR/2000-234, s. 2;
SOR/2008-14, s. 4.

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Limits

7 (1) The Commodity Board of a province shall allot federal quotas to producers of that province in such a manner that, during the period set out in Schedule 1, the aggregate of the number of dozens of eggs referred to in paragraphs (a) to (c) will not exceed the applicable number of dozens of eggs set out in column 2 of that Schedule in respect of that province:

(a) the number of dozens of eggs produced in the province and authorized to be marketed by producers under federal quotas allotted on behalf of the Agency by the Commodity Board of the province;
(b) the number of dozens of eggs produced in the province and authorized to be marketed by producers in intraprovincial trade under provincial quotas allotted by the Commodity Board of the province; and
(c) the number of dozens of eggs produced in the province and anticipated to be marketed by producers under quota exemptions granted by the Commodity Board of the province.

(2) For the purposes of paragraph (1)(c), eggs marketed under quota exemptions include

(a) eggs marketed by a producer whose flock of hens is below the flock size specified by the Commodity Board of the province as the flock size below which the eggs produced therefrom may be marketed under a quota exemption;
(b) hatching eggs authorized by the Commodity Board of the province to be marketed for human consumption; and
(c) eggs marketed by any organization that is granted an exemption by the Commodity Board of the province.

SOR/86-411, s. 4;
SOR/98-539, s. 4;
SOR/99-187, s. 3;
SOR/2000-234, s. 3;
SOR/2008-14, s. 5.

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7.1 (1) The Commodity Board of a province shall allot egg for processing quotas to producers of that province in a manner that, during the period set out in Schedule 1.2, the aggregate of the number of dozens of eggs referred to in paragraphs (a) and (b) will not exceed the applicable number of dozens of eggs set out in column 2 of that Schedule in respect of that province.

(a) the number of dozen of eggs produced in the province and authorized to be marketed by producers under egg for processing quotas allotted on behalf of the Agency by the Commodity Board of the province, and
(b) the number of dozen of eggs produced in the province and authorized to be marked by producers in intraprovincial trade under quotas equivalent to those referred to in paragraph (a) allotted by the Commodity Board of the province.

(1.1) The Commodity Board of a province shall allot special temporary market requirement quotas to producers of that province in such a manner that, during the period set out in Schedule 1.1, the aggregate of the number of dozens of eggs referred to in paragraphs (a) and (b) will not exceed the applicable number of dozens of eggs set out in column 2 of that Schedule in respect of that province:

(a) the number of dozens of eggs produced in the province and authorized to be marketed by producers under special temporary market requirement quotas allotted on behalf of the Agency by the Commodity Board of the province; and
(b) the number of dozens of eggs produced in the province and authorized to be marketed by producers in intraprovincial trade under quotas equivalent to those referred to in paragraph (a) allotted by the Commodity Board of the province.

(2) The Commodity Board of a province shall allot vaccine quotas to producers of that province in such a manner that, during the period set out in Schedule 2, the aggregate of the number of dozens of eggs referred to in paragraphs (a) and (b) will not exceed the applicable number of dozens of eggs set out in column 2 of that Schedule in respect of that province:

(a) the number of dozens of eggs produced in the province and authorized to be marketed by producers under vaccine quotas allotted on behalf of the Agency by the Commodity Board of the province; and
(b) the number of dozens of eggs produced in the province and authorized to be marketed by producers in intraprovincial trade under quotas equivalent to those referred to in paragraph (a) allotted by the Commodity Board of the province.

SOR/98-539, s. 5;
SOR/2001-27, s. 4;
SOR/2008-14, s. 6;
SOR/2015-222, s. 4;
SOR/2015-251, s. 2.

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7.2 The Commodity Board of the province in which the designated facilities are located shall, on behalf of the Agency, allot export market development quotas to producers in a manner that the aggregate of the number of dozens of eggs authorized to be marketed under any export market development quota during the period set out in Schedule 1.3 does not exceed the aggregate of the number of dozens of eggs set out in column 2 of that Schedule in respect of that province.

SOR/99-47, s. 4;
SOR/2000-234, s. 4(E);
SOR/2008-14, s. 7;
SOR/2015-251, s. 3.

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8. and 9 [Repealed, SOR/86-411, s. 5]

SCHEDULE 1(Sections 2 and 6 and subsection 7(1))

Limits to Federal Quotas for the Period Beginning on December 27, 2015 and Ending on December 31, 2016

Column 1
Column 2

Province
Limits to Federal Quotas (Number of Dozens of Eggs)

Ontario
238,236,050

Quebec
130,314,579

Nova Scotia
22,537,894

New Brunswick
13,131,377

Manitoba
65,724,318

British Columbia
79,697,622

Prince Edward Island
3,734,985

Saskatchewan
29,885,676

Alberta
64,089,749

Newfoundland and Labrador
10,027,904

Northwest Territories
3,273,410

SOR/86-411, s. 6;
SOR/87-303, s. 1;
SOR/88-304, s. 1;
SOR/88-553, s. 1;
SOR/89-191, s. 1;
SOR/90-29, s. 1;
SOR/91-248, s. 1;
SOR/91-699, s. 1;
SOR/92-193, s. 1;
SOR/92-336, s. 1;
SOR/92-748, s. 1;
SOR/93-582, s. 1;
SOR/95-134, s. 1;
SOR/96-17, s. 1;
SOR/97-4, s. 1;
SOR/97-553, s. 1;
SOR/98-539, s. 6;
SOR/99-47, s. 5;
SOR/99-187, s. 4;
SOR/2000-40, s. 1;
SOR/2000-234, s. 5;
SOR/2001-27, s. 5;
SOR/2002-29, s. 1;
SOR/2002-38, s. 1;
SOR/2003-23, s. 2;
SOR/2004-55, s. 1;
SOR/2004-171, s. 1;
SOR/2004-319, s. 1;
SOR/2007-52, s. 1;
SOR/2008-13, s. 1;
SOR/2008-14, ss. 8, 9;
SOR/2009-81, s. 1;
SOR/2009-140, s. 1;
SOR/2010-5, s. 1;
SOR/2010-6, s. 1;
SOR/2010-159, s. 1;
SOR/2010-314, s. 1;
SOR/2011-332, s. 1;
SOR/2012-173, s. 1;
SOR/2012-302, s. 1;
SOR/2013-250, s. 1;
SOR/2014-229, s. 1;
SOR/2014-320, s. 1;
SOR/2015-112, s. 1;
SOR/2015-251, s. 4.

Previous Version

SCHEDULE 1.1(Section 2 and subsection 7.1(1.1))

Limits to Special Temporary Market Requirement Quotas for the Period Beginning on December 27, 2015 and Ending on December 31, 2016

Column 1
Column 2

Province
Limits to Special Temporary Market Requirement Quotas (Number of Dozens of Eggs)

Ontario
10,630,985

Quebec
3,889,385

Nova Scotia
2,074,338

New Brunswick
855,665

Manitoba
1,374,249

British Columbia
2,981,862

Prince Edward Island
0

Saskatchewan
1,114,957

Alberta
414,868

Newfoundland and Labrador
0

Northwest Territories
0

SOR/2015-222, s. 5;
SOR/2015-251, s. 4.

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SCHEDULE 1.2(Section 2 and subsection 7.1(1))

Limits to Eggs for Processing Quotas for the Period Beginning on December 27, 2015 and Ending on December 31, 2016

Column 1
Column 2

Province
Limits to Eggs for Processing Quotas (Number of Dozens of Eggs)

Ontario
18,150,462

Quebec
2,592,923

Nova Scotia
0

New Brunswick
0

Manitoba
10,371,692

British Columbia
2,592,923

Prince Edward Island
0

Saskatchewan
5,185,846

Alberta
648,231

Newfoundland and Labrador
0

Northwest Territories
0

SOR/2015-251, s. 4.

SCHEDULE 1.3(Sections 2 and 7.2)

Limits to Export Market Development Quotas for the Period Beginning on December 27, 2015 and Ending on December 31, 2016

Column 1
Column 2

Province
Limits to Export Market Development Quotas (Number of Dozens of Eggs)

Ontario
0

Quebec
0

Nova Scotia
0

New Brunswick
0

Manitoba
12,964,615

British Columbia
0

Prince Edward Island
0

Saskatchewan
0

Alberta
0

Newfoundland and Labrador
0

Northwest Territories
0

SOR/2015-251, s. 4.

SCHEDULE 2(Section 2 and subsection 7.1(2))

Limits to Vaccine Quotas for the Period Beginning on December 27, 2015 and Ending on December 31, 2016

Column 1
Column 2

Province
Limits to Vaccine Quotas (Number of Dozens of Eggs)

Ontario
2,661,750

Quebec
10,674,090

Nova Scotia

New Brunswick

Manitoba

British Columbia

Prince Edward Island

Saskatchewan

Alberta

Newfoundland and Labrador

Northwest Territories

SOR/2008-14, s. 10;
SOR/2008-225, s. 1;
SOR/2009-81, s. 2;
SOR/2010-6, s. 1;
SOR/2010-260, s. 1;
SOR/2011-218, s. 1;
SOR/2011-331, s. 1;
SOR/2012-174, s. 1;
SOR/2013-200, s. 1;
SOR/2014-230, s. 1;
SOR/2015-244, s. 1.

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