Canadian Turkey Marketing Agency Proclamation

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/C.R.C.,_c._647/FullText.html

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Canadian Turkey Marketing Agency Proclamation

C.R.C., c. 647FARM PRODUCTS AGENCIES ACT
Canadian Turkey Marketing Agency ProclamationKnow 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 the Canadian Turkey Marketing Agency, consisting of eleven members appointed in the manner and for the terms set out in the schedule hereto.
SOR/96-139, s. 1.
And Know You Further that We are pleased to specify that the farm product in relation to which the Canadian Turkey Marketing Agency may exercise its powers is turkeys and any part thereof and such powers may be exercised in relation to turkeys and any part thereof produced in the Provinces of Nova Scotia, New Brunswick, Quebec, Ontario, Manitoba, Saskatchewan, Alberta and British Columbia, and anywhere in Canada outside the said provinces for shipment into those provinces in interprovincial trade and not for export.
SOR/82-160, s. 1.
And Know You Further that We are pleased to specify that the manner of designation of the chairman and vice-chairman of the Canadian Turkey Marketing Agency, the place within Canada where the head office of the Agency is situated and the terms of the marketing plan that the Agency 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 Turkey Marketing Agency Proclamation.
SCHEDULE

1 In this Schedule,

Act
Act means the Farm Products Agencies Act; (Loi)
Agency
Agency means the Canadian Turkey Marketing Agency established by the proclamation of which this schedule is a part; (Office)
Canadian Poultry and Egg Processors Council
Canadian Poultry and Egg Processors Council means the Canadian Poultry and Egg Processors Council, a body corporate established in Canada by letters patent dated November 12, 1974; (Conseil canadien des transformateurs d’oeufs et de volailles)
Commodity Board

Commodity Board means any of the following:

(a) the Nova Scotia Turkey Marketing Board,
(b) the Fédération des producteurs de volailles du Québec,
(c) The Ontario Turkey Producers’ Marketing Board,
(d) The Manitoba Turkey Producers’ Marketing Board,
(e) the Saskatchewan Turkey Producers’ Marketing Board,
(f) the Alberta Turkey Growers’ Marketing Board,
(g) the British Columbia Turkey Marketing Board,
(h) the New Brunswick Turkey Marketing Board; (Office de commercialisation)

Further Poultry Processors Association of Canada
Further Poultry Processors Association of Canada means the Further Poultry Processors Association of Canada, a body corporate established in Canada by letters patent dated August 21, 1985; (Association canadienne des transformateurs de volailles)
Plan
Plan means the marketing plan the terms of which are set out in Part II of this Schedule; (Plan)
regulated area
regulated area means the Provinces of British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec, New Brunswick and Nova Scotia; (région réglementée)
unregulated area
unregulated area means any part of Canada not within the regulated area. (région non réglementée)

PART I The Agency

2 (1) The Commodity Board for a province may, at any time, appoint a person who is a resident of that province to be a member of the Agency to hold office until the end of the Agency’s annual meeting next following the appointment.
(2) The Canadian Poultry and Egg Processors Council may, at any time, appoint two persons who are residents of Canada and who are experienced in the business or trade of the processing of turkey meat, to be members of the Agency, and each person so appointed shall hold office until the end of the Agency’s second annual meeting next following the appointments.
(3) The Further Poultry Processors Association of Canada may, at any time, appoint a person who is a resident of Canada and who is experienced in the business or trade of the further processing of turkey meat, to be a member of the Agency to hold office until the end of the Agency’s second annual meeting next following the appointment.
(4) A Commodity Board or an organization referred to in subsection (2) or (3) may, at any time, appoint a person with the same qualifications for membership as are required for a member to be appointed by the Board or organization, 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, 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.
(5) A Commodity Board or an organization referred to in subsection (2) or (3) may, at any time, revoke the membership of a member or temporary substitute member appointed by it.

3 The members of the Agency shall, at each of their annual meetings, elect from among themselves a chairperson and a vice-chairperson, and the persons so elected shall hold office until the end of the Agency’s annual meeting next following the appointments.
4 The head office of the Agency shall be in the Regional Municipality of Peel in the Province of Ontario.

PART II The Marketing Plan

1 In this Part,

Board

Board means, in respect of the Province of

(a) Nova Scotia, the Nova Scotia Marketing Board,
(b) Quebec, the Quebec Agricultural Marketing Board,
(c) Ontario, The Farm Products Marketing Board,
(d) Manitoba, The Manitoba Marketing Board,
(e) Saskatchewan, the Natural Products Marketing Council,
(f) Alberta, the Alberta Agricultural Products Marketing Council,
(g) British Columbia, the British Columbia Marketing Board,
(h) New Brunswick, the Natural Products Control Board; (Régie)

marketing
marketing, in relation to turkeys, means selling and offering for sale and buying, pricing, assembling, packing, processing, transporting, storing and reselling, whether in whole or in processed form; (commercialisation)
quota
quota means the number of pounds of turkey meat that a turkey producer is entitled to market in interprovincial or export trade through normal marketing channels or to have marketed on his behalf by the Agency in interprovincial or export trade during a specified period of time; (contingent)
quota system
quota system means a system whereby turkey producers are assigned quotas by the Agency thus enabling the Agency to fix and determine the quantity, if any, in which turkeys or any variety, class or grade thereof may be marketed in interprovincial or export trade by each turkey producer and by all turkey producers. (système de contingentement)

Quota System

2 (1) The Agency shall, by order or regulation, establish a quota system by which quotas are assigned to all members of classes of turkey producers in each province to whom quotas are assigned by the appropriate Board or Commodity Board.
(2) The Agency, in establishing a quota system, shall assign quotas in such manner that the number of pounds of turkey meat produced in a province and authorized to be marketed in interprovincial and export trade in the year 1973, when taken together with the number of pounds of turkey meat produced in the province and authorized to be marketed in intraprovincial trade in the same year, pursuant to quotas assigned by the appropriate Board or Commodity Board, and the number of pounds of turkey meat produced in the province and anticipated to be marketed in the same year, other than as authorized by a quota assigned by the Agency or by the appropriate Board or Commodity Board, will equal the number of pounds of turkey meat set out in section 3 of this Plan for the province.

3 For the purposes of subsection 2(2) of this Plan, the number of pounds of turkey meat set out in this section for a province or for the unregulated area is the number of pounds set out in Column II of an item of the following table in respect of the province or the unregulated area set out in Column I of that item.
TABLE

Item
Column I
Column II

Province or Area
lb.

1
British Columbia
20,500,000

2
Alberta
18,250,000

3
Saskatchewan
8,000,000

4
Manitoba
17,250,000

5
Ontario
92,000,000

6
Quebec
54,000,000

7
New Brunswick
1,440,000

8
Nova Scotia
2,500,000

9
Unregulated Area
60,000

4 (1) No order or regulation shall be made where the effect thereof would be to increase the aggregate of

(a) the number of pounds of turkey meat produced in a province and authorized by quotas assigned by the Agency and by the appropriate Board or Commodity Board to be marketed in intraprovincial, interprovincial and export trade, and
(b) the number of pounds of turkey meat produced in a province and anticipated to be marketed in intraprovincial, interprovincial and export trade other than as authorized by quotas assigned by the Agency and by the appropriate Board or Commodity Board

to a number that exceeds, on a yearly basis, the number of pounds of turkey meat set out in section 3 of this Plan for the province unless the Agency has taken into account

(c) the principle of comparative advantage of production;
(d) any variation in the size of the market for turkeys;
(e) any failures by turkey producers in any province or provinces to market the number of pounds of turkey meat authorized to be marketed;
(f) the feasibility of increased production in each province available to be marketed;
(g) the existing production and storage facilities in each province; and
(h) the comparative transportation costs to market areas from alternative sources of production.

(2) No order or regulation shall be made pursuant to subsection (1) unless the Agency is satisfied that the size of the market for turkeys has changed significantly.

5 (1) The Agency may require each turkey producer to whom a quota is assigned as a condition of the assignment thereof to make available to the Agency or its agent all turkeys produced by him and available to be marketed in excess of the quotas assigned to him at a price not exceeding the difference, if any, between the price realized by the Agency or its agent on the marketing of such turkeys and its expenses related to such marketing.
(2) The Agency shall, in any province where an equivalent requirement is enforced by the appropriate Board or Commodity Board, require each turkey producer to whom a quota is assigned, as a condition of the assignment thereof, to make available to the Agency or its agent all turkeys to be marketed in accordance with the quota assigned to him.

6 The Agency may market turkeys made available to it or its agent on an individual or collective basis and may pool the receipts from the marketing thereof and deduct from the pool the expenses incurred by it or by its agent in marketing such turkeys before any payment is made to the producers.
7 The Agency shall, with the concurrence of the Commodity Board, appoint that Commodity Board to administer on its behalf all orders and regulations made by it for the purpose of establishing and implementing a quota system.
8 In making orders and regulations establishing and implementing a quota system, the Agency shall have regard to equivalent orders and regulations made by the appropriate Board or Commodity Board and shall, in so far as possible, make orders and regulations in such a manner as to complement those made by the Board or the Commodity Board.

Licensing

9 (1) The Agency shall, in the regulated area, and may, in the unregulated area, by order or regulation, establish a system for the licensing of persons who are engaged in the marketing of turkeys in interprovincial or export trade and such system may provide for the payment to the Agency of fees in respect of each licence issued pursuant to the system.
(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 condition that the person to whom the licence is issued shall at all times during the term of such licence comply with orders and regulations of the Agency.

Levies

10 (1) The Agency may, in the regulated area, by order or regulation, impose levies or charges on persons engaged in the production of turkeys or the marketing thereof and any such order or regulation may classify such persons into groups and specify the levies or charges, if any, payable by the members of each such group and provide for the manner of collection thereof.
(2) Levies imposed by any order or regulation referred to in subsection (1) shall be established at such levels as to produce in each year a return to the Agency that is an amount sufficient to defray its administrative and marketing expenses and costs, as estimated by it, for the year.
(3) The Agency, in estimating its administrative and marketing expenses and costs for a year, may allow for the creation of reserves, the payment of expenses and losses resulting from the sale or disposal of turkeys, equalization or adjustment payments among turkey producers based on moneys realized from the sale of turkeys during such period or periods of time as the Agency considers appropriate and any other expenses and costs deemed essential by the Agency for the realization of its objects.
(4) The Agency may, with the concurrence of a Commodity Board, appoint that Commodity Board to collect on its behalf the levies or charges imposed by any order or regulation referred to in subsection (1).

Anti-Dumping

11 (1) Within the regulated area and with respect to turkeys shipped from the unregulated area into the regulated area in interprovincial trade and not for export, the Agency shall exercise its powers in such a manner as to preclude any person from marketing turkeys in a province other than the province in which the turkeys are produced at a price that is less than the aggregate of

(a) the price charged at or about the same time for turkeys of an equivalent variety, class or grade in the province or other geographical area in which the turkeys are produced, and
(b) any reasonable transportation charges therefor to the place where such turkeys are marketed and that are incurred by the person marketing the turkeys.

(2) With respect to turkeys from the regulated area shipped into the unregulated area in interprovincial trade, the Agency may exercise its powers in such a manner as to preclude any person from marketing turkeys in a province other than the province in which the turkeys are produced at a price that is less than the aggregate of

(a) the price charged at or about the same time for turkeys of an equivalent variety, class or grade in the province or other geographical area in which the turkeys are produced, and
(b) any reasonable transportation charges therefor to the place where such turkeys are marketed and that are incurred by the person marketing the turkeys.

General

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

(a) make available to each Board or Commodity Board the records, minutes and decisions of the Agency;
(b) allow an officer or employee of a Board or Commodity Board who is designated by the Board or Commodity Board for such purpose to attend meetings of the Agency at which any matter that is of concern to the particular Board or Commodity Board is likely to be discussed and for such purpose shall give notice of such meetings to the officer or employee so designated; and
(c) give notice of each order or regulation that it proposes to make to each Board or Commodity Board that is likely to be affected in its operation by the enactment of the order or regulation.

Review of Marketing Plan

13 (1) The Agency shall, at least once in each year and as often as a meeting is requested, as provided in subsection (2), hold a meeting for the purpose of reviewing the terms of this marketing plan and 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.
(2) A meeting referred to in subsection (1) shall be held as soon as is reasonably convenient after receipt by the Agency of a written request for such a meeting from the Board and Commodity Board for each of at least two provinces.

SOR/79-270, s. 1;
SOR/79-501, ss. 1, 2;
SOR/82-160, s. 2;
SOR/96-139, ss. 2, 3.