Canadian Egg Marketing Levies Order

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/SOR-2003-75/FullText.html

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Canadian Egg Marketing Levies Order

SOR/2003-75FARM PRODUCTS AGENCIES ACT
Registration 2003-02-20
Canadian Egg Marketing Levies OrderWhereas the Governor in Council has, by the Canadian Egg Marketing Agency ProclamationFootnote a, established the Canadian Egg Marketing Agency pursuant to subsection 16(1)Footnote b of the Farm Products Agencies ActFootnote c;

Return to footnote aC.R.C., c. 646
Return to footnote bS.C. 1993, c. 3, par. 13(b)
Return to footnote cS.C. 1993, c. 3, s. 2

Whereas the Canadian Egg Marketing Agency has been empowered to implement a marketing plan pursuant to that Proclamation;
Whereas the proposed annexed Canadian 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)d of that Act, the National Farm Products Council has approved the proposed Order after being satisfied that the proposed Order is necessary for the implementation of the marketing plan that that Agency is authorized to implement;
Therefore, the Canadian Egg Marketing Agency, pursuant to paragraph 22(1)(f) of the Farm Products Agencies Actc and section 10 of Part II of the schedule to the Canadian Egg Marketing Agency Proclamationa, hereby makes the annexed Canadian Egg Marketing Levies Order.
Ottawa, Ontario, February 20, 2003Interpretation

1 The following definitions apply in this Order.

Agency
Agency means the Canadian Egg Marketing Agency. (Office)
Commodity Board

Commodity Board means any of the following:

(a) the Ontario Egg Producers;
(b) the Fédération des producteurs d'oeufs de consommation du Québec;
(c) the Nova Scotia Egg Producers;
(d) the New Brunswick Egg Marketing Board;
(e) the Manitoba Egg Producers;
(f) the British Columbia Egg Producers;
(g) the Egg Producers of Prince Edward Island;
(h) the Saskatchewan Egg Producers;
(i) the Alberta Egg Producers Board;
(j) the Egg Producers of Newfoundland and Labrador; and
(k) the Northwest Territories Egg Producers' Board. (office de commercialisation)

egg
egg means the egg of a hen. (oeuf)
grading station operator
grading station operator means a person who washes, grades, packs or markets eggs and includes, when applicable, a Commodity Board and a producer-vendor. ((responsable d'un poste de classement))
hen
hen means a hen of any class of the domestic chicken belonging to the species Gallus domesticus. (poule)
Plan
Plan means the marketing plan the terms of which are set out in Part II of the schedule to the Canadian Egg Marketing Agency Proclamation. (plan)
producer
producer means a person who is engaged in the production of eggs in Canada and includes a producer-vendor. (producteur)
producer-vendor
producer-vendor means a producer who is a grading station operator in respect of all or any portion of the eggs produced by him or her. (producteur-vendeur)

Application

2 Subsection 3(1) does not apply in respect of eggs marketed under an egg for processing quota, an export market development quota or a special temporary market requirement quota that is allotted under the Canadian Egg Marketing Agency Quota Regulations, 1986.
SOR/2015-223, s. 1.
Previous Version

Levies

3 (1) Each producer shall pay, on each dozen of eggs marketed by the producer in interprovincial or export trade, a levy of

(a) in the Province of Ontario, $0.2425;
(b) in the Province of Quebec, $0.2275;
(c) in the Province of Nova Scotia, $0.2625;
(d) in the Province of New Brunswick, $0.2635;
(e) in the Province of Manitoba, $0.2275;
(f) in the Province of British Columbia, $0.2755;
(g) in the Province of Prince Edward Island, $0.2265;
(h) in the Province of Saskatchewan, $0.2590;
(i) in the Province of Alberta, $0.2465;
(j) in the Province of Newfoundland and Labrador, $0.2525; and
(k) in the Northwest Territories, $0.2615.

(2) Subsection (1) ceases to have effect on March 31, 2017.
(3) Each producer shall pay a levy of $0.80 for each dozen of eggs marketed by the producer in interprovincial or export trade in excess of the egg for processing quota allotted to the producer under the Canadian Egg Marketing Agency Quota Regulations, 1986, or marketed in a manner contrary to the conditions respecting that quota.
(4) Each producer shall pay a levy of $0.80 for each dozen of eggs marketed by the producer in export trade in excess of the producer's export market development quota allotted to the producer under the Canadian Egg Marketing Agency Quota Regulations, 1986, or marketed in a manner contrary to the conditions respecting that quota.
(4.1) Each producer shall pay a levy of $0.80 for each dozen of eggs marketed by the producer in interprovincial or export trade in excess of the special temporary market requirement quota that is allotted to the producer under the Canadian Marketing Agency Quota Regulations, 1986, or marketed in a manner contrary to the conditions respecting that quota.
(5) Each producer shall pay a levy of $0.50 for each dozen of eggs marketed by the producer in interprovincial or export trade in excess of a federal quota allotted to the producer under the Canadian Egg Marketing Agency Quota Regulations, 1986, or marketed in a manner contrary to the conditions respecting that quota.
(6) Subsections (3) to (5) apply in addition to any other measures or sanctions under the Farm Products Agencies Act or under any order or regulation of the Agency.

SOR/2004-56, s. 1;
SOR/2004-172, s. 1;
SOR/2004-320, s. 1;
SOR/2005-76, s. 1;
SOR/2005-238, s. 1;
SOR/2006-23, s. 1;
SOR/2007-6, s. 1;
SOR/2007-190, s. 1;
SOR/2008-15, s. 1;
SOR/2008-172, s. 1;
SOR/2008-291, s. 1;
SOR/2008-297, s. 1;
SOR/2009-11, s. 1;
SOR/2010-7, s. 1;
SOR/2010-315, s. 1;
SOR/2012-53, s. 1;
SOR/2012-301, s. 1;
SOR/2013-251, s. 1;
SOR/2014-231, s. 1;
SOR/2014-319, s. 1;
SOR/2015-113, s. 1;
SOR/2015-223, s. 2;
SOR/2015-252, s. 1.

Previous Version

4 If eggs are sold or otherwise disposed of by a producer to a grading station operator, the grading station operator shall deduct the amount of the levy payable under section 3 in respect of those eggs from the moneys payable by the grading station operator to the producer for the eggs.

Collection

5 The Agency, having obtained the concurrence of each Commodity Board, hereby appoints each Commodity Board, under subsection 10(4) of the Plan, to collect the levy payable under section 3 on behalf of the Agency.

6 (1) A levy payable under section 3 shall be remitted to the Commodity Board of the province where the producer on whom the levy is imposed is engaged in the production of eggs.

(2) The remittance shall be made at the address and at the times that the Commodity Board directs,

(a) in the circumstances set out in section 4, by the grading station operator; and
(b) in any other circumstances, by the producer.

(3) Each Commodity Board shall send to the Agency all the levies received by it under subsection (1) during a week at the end of that week.

7 The levy referred to in subsection 3(3) may be deducted by the Agency from the moneys payable to the producer.

Coming into Force

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