Canadian Hatching Egg Producers Proclamation

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/SOR-87-40/FullText.html

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Canadian Hatching Egg Producers Proclamation

SOR/87-40FARM PRODUCTS AGENCIES ACT
Registration 1986-12-29
Canadian Hatching Egg Producers ProclamationA Proclamation
Whereas in and by subsection 17(1) of the Farm Products Marketing Agencies Act it is provided that the Governor in Council may by proclamation establish an agency with powers relating to any farm product or farm products the marketing of which in interprovincial and export trade is not regulated pursuant to the Canadian Wheat Board Act or the Canadian Dairy Commission Act where she is satisfied that a majority of the producers of the farm product or of each of the farm products in Canada is in favour of the establishment of an agency;
And Whereas the Governor in Council is satisfied that a majority of the producers in Canada of broiler hatching eggs and chicks produced for chicken production is in favour of the establishment of such an agency;
Now Know You that We, by and with the advice of Our Privy Council for Canada, do by this Our Proclamation establish an agency, to be known as Canadian Hatching Egg Producers, consisting of eight members appointed in the manner and for the terms set forth in the schedule hereto.
And Know You Further that We are pleased to specify that the farm products in relation to which Canadian Hatching Egg Producers may exercise its powers are broiler hatching eggs and chicks produced for chicken production, and such powers may be exercised in relation to

(a) broiler hatching eggs and chicks produced in the Provinces of Ontario, Quebec, Manitoba, British Columbia, Saskatchewan and Alberta for chicken production and marketed in interprovincial or export trade; and
(b) broiler hatching eggs and chicks produced for chicken production in the Provinces of Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland and Labrador as well as Yukon, the Northwest Territories and Nunavut and shipped into the Provinces of Ontario, Quebec, Manitoba, British Columbia, Saskatchewan and Alberta in interprovincial trade and not for export.

And Know You Further that We are pleased to specify that Canadian Hatching Egg Producers shall not, in relation to chicks produced for chicken production, be authorized to exercise its powers pursuant to section 22 of the Farm Products Agencies Act, save and except to make such orders and regulations as it considers necessary

(a) to implement a quota system for persons engaged in the marketing of chicks produced in the Provinces of Nova Scotia, New Brunswick, Prince Edward Island or Newfoundland and Labrador or Yukon, the Northwest Territories or Nunavut for chicken production and marketed in the Provinces of Ontario, Quebec, Manitoba, British Columbia, Saskatchewan and Alberta;
(b) to establish a system for the licensing, for information purposes, of persons engaged in the marketing of chicks produced for chicken production; and
(c) to require a person engaged in the marketing of chicks produced for chicken production to deduct, from any amount payable by the person to a broiler hatching egg producer, any levies or charges payable to Canadian Hatching Egg Producers by the producer and to remit all amounts so deducted to Canadian Hatching Egg Producers.

And Know You Further that We are pleased to specify that the manner of designation of the chairman and vice-chairman of Canadian Hatching Egg Producers, the place within Canada where the head office of Canadian Hatching Egg Producers is situated and the terms of the marketing plan that Canadian Hatching Egg Producers is empowered to implement shall be as set forth in the schedule hereto.
And Know You Further that We are pleased to specify that this Proclamation and the schedule hereto may be cited as the Canadian Hatching Egg Producers Proclamation.
Of All Which Our Loving Subjects and all others whom these Presents may concern are hereby required to take notice and to govern themselves accordingly.
In Testimony Whereof, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed. Witness: Our Right Trusty and Well beloved Jeanne Sauvé, a Member of Our Privy Council for Canada, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit upon whom We have conferred Our Canadian Forces’ Decoration, Governor General and Commander-in-Chief of Canada.
At Our Government House, in Our City of Ottawa, this twenty-second day of December in the year of Our Lord one thousand nine hundred and eighty-six and in the thirty-fifth year of Our Reign.
By Command,
MARK R. DANIELS
Deputy Registrar General of Canada
SOR/87-544, s. 1; SOR/89-154, s. 1; SOR/89-250, s. 1; SOR/2007-196, s. 1; SOR/2013-144, s. 1.
SCHEDULE
Interpretation

1 In this schedule,

Act
Act means the Farm Products Agencies Act; (Loi)
Agency
Agency means Canadian Hatching Egg Producers; (Office)
broiler hatching egg
broiler hatching egg means an egg that is suitable for incubation and is to be hatched as a chick for chicken production; (oeuf d’incubation de poulet de chair)
chick
chick means a chick hatched from a broiler hatching egg from the time of hatch until it is placed in the facilities of a chicken producer for raising and not for resale; (poussin)
Commodity Board

Commodity Board means, in respect of the Province of

(a) Ontario, the Ontario Broiler Hatching Egg & Chick Commission,
(b) Quebec, le Syndicat des producteurs d’oeufs d’incubation du Québec,
(c) Manitoba, Manitoba Chicken Producers,
(d) British Columbia, the British Columbia Broiler Hatching Egg Commission,
(e) Saskatchewan, the Saskatchewan Broiler Hatching Egg Producers’ Marketing Board, and
(f) Alberta, the Alberta Hatching Egg Producers; (office provincial de commercialisation)

marketing
marketing, in relation to broiler hatching eggs and chicks, means selling and offering for sale and buying, hatching, pricing, assembling, packing, transporting, delivering, receiving, storing and reselling; (commercialisation)
non-signatory provinces
non-signatory provinces means the Provinces of Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland and Labrador as well as Yukon, the Northwest Territories and Nunavut; (provinces non signataires)
Plan
Plan means the marketing plan the terms of which are set out in Part II of this schedule; (plan)
producer
producer means a person engaged in the production of broiler hatching eggs; (producteur)
quota

quota means

(a) in respect of broiler hatching eggs, the number of broiler hatching eggs that a person is entitled to market in interprovincial or export trade under the quota system during a specified period, and
(b) in respect of chicks, the number of chicks produced in a non-signatory province that a person is entitled to market into a signatory province under the quota system during a specified period; (contingent)

quota system

quota system means

(a) in respect of broiler hatching eggs, a system established by the Agency by which

(i) in respect of a non-signatory province, the Agency allots quotas to persons engaged in the marketing of broiler hatching eggs produced in the non-signatory province and marketed into a signatory province, thus enabling the Agency to fix and determine the quantity, if any, of broiler hatching eggs of any variety, class or grade that may be marketed by such persons into a signatory province, and
(ii) in respect of a signatory province, the Agency allots quotas to producers in the signatory province, thus enabling the Agency to fix and determine the quantity, if any, of broiler hatching eggs of any variety, class or grade that may be marketed by such producers in interprovincial or export trade from the signatory province, and

(b) in respect of chicks, a system established by the Agency in respect of a non-signatory province by which the Agency allots quotas to persons engaged in the marketing of chicks produced in the non-signatory province and marketed into a signatory province, thus enabling the Agency to fix and determine the quantity, if any, of chicks that may be marketed by such persons into a signatory province; (système de contingentement)

signatory provinces
signatory provinces means the Provinces of Ontario, Quebec, Manitoba, British Columbia, Saskatchewan and Alberta. (provinces signataires)

SOR/87-544, s. 2;
SOR/89-154, s. 2;
SOR/89-250, s. 2;
SOR/2007-196, s. 2;
SOR/2013-144, s. 2.

PART I Agency

2 (1) The Governor in Council shall appoint as the first members of the Agency the existing directors of the Canadian Broiler Hatching Egg Producers Association that are from the signatory provinces and such members shall hold office until the expiration of the first fiscal year of the Agency, as fixed by by-law of the Agency.

(2) Subject to subsections (1) and (5), the members of the Agency shall be appointed as follows to hold office for a term of two years:

(a) the Commodity Board of each signatory province shall appoint one member, who is a resident of Canada, from among those of the Commodity Board’s directors who are actively engaged in the production of broiler hatching eggs and, where that member is involved in the setting of broiler hatching eggs in incubators, the hatchery of that member shall be licensed by the provincial Commodity Board that is authorized to license or, in the case of the Province of Quebec, shall be covered by an association of hatcheries accredited by that province’s supervisory board;
(b) where there are four or fewer provincial commodity board members, the Canadian Hatchery Federation shall appoint one person as a member who is a resident of Canada; and
(c) where there are five or more provincial commodity board members, the Canadian Hatchery Federation shall appoint two persons as members who are residents of Canada, one of whom shall represent the region west of the Ontario-Manitoba border and one of whom shall represent the region east of the Ontario-Manitoba border.

(2.1) Persons appointed under paragraph (2)(b) or (c) shall be from a hatchery that is located in a signatory province and shall be experienced in the business or trade of the hatching of chicks for chicken production. The persons shall be active members of the staff of the hatchery and shall not be employed by the same business entity or corporate family. In each case the hatchery must be licensed by the Commodity Board where the province’s Commodity Board is authorized to license or, in the case of the Province of Quebec, shall be covered by an association of hatcheries accredited by that Province’s Supervisory Board.
(3) A Commodity Board or the Canadian Hatchery Federation may appoint a person with the same qualifications for membership as are required for a member to be appointed by the Board or Federation to be a temporary substitute member to act in the place of each member appointed by it when that member is absent, is unable to act or is elected Chairperson of the Agency and to hold office as a temporary substitute member until the member in whose place the temporary substitute member is appointed to act ceases to be a member.
(4) A temporary substitute member appointed under subsection (3) shall hold office during pleasure.
(5) The members of the Agency first appointed under subsection (2) shall assume office on the expiration of the term of office of the members appointed under subsection (1) and shall hold office for a term of two years, except that the first members appointed under paragraph (2)(a) by the Commodity Boards of the Provinces of Ontario and Quebec shall hold office for a term of only one year.
(6) [Repealed, SOR/2013-144, s. 3]

SOR/2007-196, s. 3;
SOR/2013-144, s. 3.

3 The members of the Agency shall, at their first meeting and annually thereafter at the first meeting next following each annual meeting of the Agency, elect from among themselves a chairman and a vice-chairman of the Agency, and the chairman and vice-chairman so elected shall hold office as such until their successors are elected in accordance with this section.
4 The head office of the Agency shall be in the National Capital Region described in the schedule to the National Capital Act.

PART II Plan

Quota System — Broiler Hatching Eggs

5 (1) The Agency shall, by order or regulation, establish a quota system in respect of the signatory provinces pursuant to which quotas are allotted to all producers to whom quotas in intraprovincial trade have been allotted by the appropriate Commodity Board.
(2) The Agency may, by order or regulation, establish a quota system in respect of any non-signatory province pursuant to which quotas are allotted by the Agency, on the basis of the production in the non-signatory province reflected in the table to this section, to any person in a non-signatory province engaged in the marketing of broiler hatching eggs in interprovincial trade, but not for export, into a signatory province thus enabling the Agency to determine the quantity of broiler hatching eggs that may be so marketed and the conditions under which they may be so marketed.

(3) Subject to section 6, the Agency, in establishing the quota system pursuant to subsection (1), shall provide for the allotment of quotas in such a manner that the maximum number of broiler hatching eggs produced in a province and authorized pursuant to quotas to be marketed in interprovincial or export trade in the twelve month period commencing on the effective date of regulations made by the Agency for the purpose of implementing the quota system when taken together with the number of broiler hatching eggs produced in the province and authorized pursuant to quotas allotted by the Commodity Board of the province to be marketed in intraprovincial trade in the same period, and the number of broiler hatching eggs produced in the province and anticipated to be marketed in the same period as authorized other than by such quotas will equal the total number of broiler hatching eggs set out for the province in the table to this section.
TABLE

Province
Total Number of Broiler Hatching Eggs

Ontario

109,871,351

Quebec

102,350,032

Nova Scotia

10,588,592

New Brunswick

14,808,161

Manitoba

14,567,564

British Columbia

38,653,284

Prince Edward Island

625,402

Saskatchewan

9,091,518

Alberta

44,610,485

Newfoundland and Labrador

24,056

Yukon

0

Northwest Territories

0

Nunavut

0

SOR/89-250, s. 3;
SOR/2007-196, s. 4.

6 The Agency shall not make any order or regulation that would have the effect of increasing or decreasing the aggregate of

(a) the total number of broiler hatching eggs produced and authorized by quotas referred to in subsection 5(3) to be marketed in interprovincial, export and intraprovincial trade, and
(b) the total number of broiler hatching eggs produced and anticipated to be marketed in interprovincial, export and intraprovincial trade as authorized other than by such quotas

to a number that in any twelve month period or, for the first allocation of the Agency, a portion thereof is more or less than, as the case may be, the total number of broiler hatching eggs set out in the table to section 5 for the province unless the Agency has applied the allocation system set out in Schedule “B” annexed to the Federal Provincial Agreement authorized to be entered into by the Minister of Agriculture for Canada by Order in Council P.C. 1986-2653 of November 27, 1986Footnote *.
Return to footnote *Not published in the Canada Gazette Part II

Quota System — Chicks

6.1 (1) The Agency may, by order or regulation, establish a quota system in respect of the non-signatory provinces pursuant to which quotas are alloted by the Agency to persons engaged in the marketing of chicks produced in a non-signatory province and marketed into a signatory province.

(2) Subject to section 6.2, the Agency, in establishing a quota system pursuant to subsection (1), shall provide for the allotment of quotas in such a manner that the maximum number of chicks produced in a non-signatory province or in an area that comprises non-signatory provinces and authorized pursuant to quotas to be marketed into a signatory province, during the 12 month period commencing on the effective date of the order or regulation made by the Agency for the purpose of implementing the quota system, will equal the total number of chicks set out for the province or area in the table to this section.
TABLE

Province or Area
Total Number of Chicks

Atlantic Provinces

172,702

Yukon

0

Northwest Territories

0

Nunavut

0

SOR/89-250, s. 4;
SOR/2007-196, s. 5;
SOR/2013-144, s. 4.

6.2 The Agency shall not make any order or regulation that would have the effect of increasing or decreasing the total number of chicks produced in a non-signatory province or in an area that comprises non-signatory provinces and authorized pursuant to quotas referred to in subsection 6.1(2) to be marketed into a signatory province to a number that, in any 12 month period or, for the first allocation of the Agency, a portion thereof, is more or less than, as the case may be, the total number of chicks set out in the table to section 6.1 in respect of the province or area unless

(a) the Agency increases or decreases the total number of chicks for the province by the same percentage as the Agency increases or decreases, as the case may be, for that period, or portion thereof, the total number of broiler hatching eggs set out in the table to section 5 in respect of the province; or
(b) the Agency increases or decreases the total number of chicks for the area by the average percentage the Agency increases or decreases, as the case may be, for that period, or portion thereof, the total number of broiler hatching eggs set out in the table to section 5 in respect of the provinces the area comprises.

SOR/87-544, s. 3;
SOR/89-250, s. 4.

Licensing

7 (1) The Agency, by order or regulation,

(a) shall, in respect of a signatory province, establish a system of licensing of persons engaged in the marketing in interprovincial or export trade of broiler hatching eggs or chicks produced in any signatory province for chicken production; and
(b) may, in respect of a non-signatory province, establish a system of licensing of persons engaged in the interprovincial marketing from the non-signatory province into a signatory province, but not for export, of broiler hatching eggs or chicks produced in the non-signatory province for chicken production.

(2) The Agency, in establishing a licensing system pursuant to subsection (1), shall prescribe the terms and conditions to which each licence issued pursuant to the system is subject, including

(a) a condition that the person to whom the licence is issued shall at all times during the term of the licence comply with the orders, regulations or requirements of the Agency or of the National Farm Products Marketing Council that are applicable to that person;
(b) the terms and conditions with respect to the collection and reporting of information in respect of the marketing of broiler hatching eggs or chicks produced for chicken production; and
(c) the terms and conditions under which the licence may be suspended or cancelled.

(3) The Agency, in establishing a licensing system pursuant to subsection (1), shall establish the terms and conditions under which a licence may be granted, refused or renewed and the fees payable to the Agency in respect of each licence or class of licence.

Levies and Charges

8 (1) The Agency may, in respect of broiler hatching eggs produced in a signatory province and marketed in interprovincial or export trade and in respect of broiler hatching eggs produced in a non-signatory province and marketed in interprovincial trade, but not for export, into any signatory province, by order or regulation,

(a) impose levies or charges on persons engaged in the marketing of broiler hatching eggs and any order or regulation made pursuant to this paragraph may group such persons into classes, specify the levies or charges, if any, payable by the members of each such class and provide for the manner of collection of the levies or charges imposed; and
(b) impose additional charges on persons who market broiler hatching eggs in interprovincial or export trade in excess of their authorized quotas.

(2) Levies or charges referred to in paragraph (1)(a) shall be established at levels that are calculated to produce in each year a return to the Agency that is sufficient in amount to defray its administrative and marketing expenses and costs, as estimated by it, for a year and the charges referred to in paragraph (1)(b) shall be a charge on persons for marketings in excess of their authorized quota allotments.
(3) The Agency, in estimating its administrative and marketing expenses and costs for a year, may allow for the creation of reserves as the Agency considers appropriate and for any other expenses and costs deemed essential by the Agency for the realization of its objectives.

Interprovincial Pricing

9 The Agency may, by order or regulation, establish a pricing system that will enable the Agency, from time to time, to fix the price at which any variety, class or grade of broiler hatching eggs may

(a) in the case of broiler hatching eggs produced in a signatory province, be marketed therefrom in interprovincial or export trade; and
(b) in the case of broiler hatching eggs produced in a non-signatory province, be marketed therefrom into any signatory province for other than export.

Co-operation

10 The Agency shall take all reasonable steps to promote a high degree of co-operation between itself and each Commodity Board and, without limiting the generality of the foregoing, shall

(a) make available to each Commodity Board the records, minutes and decisions of the Agency and such other information as may reasonably be required by the Commodity Board for the exercise of its powers and responsibilities;
(b) allow an officer or employee of the Commodity Board of a signatory province, who is designated by the Commodity Board of that province for such purpose, to attend meetings of the Agency at which any matter that is of concern to the Commodity Board is likely to be discussed and, where an officer or employee is so designated, the Agency shall give notice of such meetings to the officer or employee; and
(c) give notice of each order or regulation that it proposes to make to each Commodity Board that is likely to be affected in its operation by the making of the order or regulation.

Annual Meeting and Review of Marketing Plan

11 (1) The Agency shall hold an annual meeting in each year for the purpose of reviewing the terms of the Plan and the terms of any orders and regulations made under the Act to implement the Plan with a view to determining whether or not any modifications are required in order to facilitate the carrying out by the Agency of its objects and shall hold such other meetings as it considers necessary or as required by subsection (2).
(2) Where the Agency receives, from the Commodity Board for each of at least two provinces, a request for the holding of a meeting, other than the annual meeting, for the purpose referred to in subsection (1), the Agency shall hold such other meeting as soon as is reasonably convenient after receipt of the request.

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