Chicken Farmers of Canada Proclamation

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/SOR-79-158/FullText.html

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Chicken Farmers of Canada Proclamation

SOR/79-158FARM PRODUCTS AGENCIES ACT
Registration 1979-02-12
Chicken Farmers of Canada ProclamationA Proclamation
Whereas in and by subsection 16(1) of the Farm Products 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 the Governor in Council 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 of chickens in Canada is in favour of the establishment of such an agency;
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 Chicken Farmers of Canada, consisting of fourteen members appointed in the manner and for the terms set forth in the schedule hereto;
And Know You Further that We are pleased to designate chicken and any part thereof produced in Canada and marketed in interprovincial or export trade as the farm product in relation to which Chicken Farmers of Canada may exercise its powers;
And Know You Further that We are pleased to specify that the manner of designation of the Chairperson and Vice-Chairperson of Chicken Farmers of Canada, the place within Canada where the head office of Chicken Farmers of Canada is situated and the terms of the marketing plan that Chicken Farmers of Canada is empowered to implement shall be as set forth in the schedule hereto;
And Know You Further that this Proclamation and the schedule hereto may be cited as the Chicken Farmers of Canada 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: The Honourable Roland Almon Ritchie, a Puisne Judge of the Supreme Court of Canada and Deputy of Our Right Trusty and Well-beloved Jules Léger, 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 Ottawa, this twenty-eighth day of December in the year of Our Lord one thousand nine hundred and seventy-eight and in the twenty-seventh year of Our Reign.
By Command,
GEORGE POST
Deputy Registrar General of Canada
SOR/79-638, s. 1; SOR/81-115, s. 1; SOR/90-477, s. 1; SOR/91-139, s. 1; SOR/96-141, s. 1; SOR/98-244, s. 1; SOR/2002-1, s. 1.
SCHEDULE

1 In this Schedule,

Act
Act means the Farm Products Agencies Act; (Loi)
Agency
Agency[Repealed, SOR/2002-1, s. 2]
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)
Canadian Restaurant and Food Service Association
Canadian Restaurant and Food Service Association means the Canadian Restaurant and Food Service Association, a body corporate established in Canada by letters patent dated January 6, 1944; (Association canadienne des restaurateurs et des services alimentaires)
CFC
CFC means Chicken Farmers of Canada; (PPC)
chicken
chicken means chicken and any part of a chicken, live or in processed form, produced in Canada and marketed in interprovincial or export trade; (poulet)
Commodity Board

Commodity Board means, in respect of the Province of

(a) Ontario, Chicken Farmers of Ontario,
(b) Quebec, Fédération des producteurs de volailles du Québec,
(c) Nova Scotia, Chicken Farmers of Nova Scotia,
(d) New Brunswick, New Brunswick Chicken Marketing Board,
(e) Manitoba, Manitoba Chicken Producers,
(f) British Columbia, British Columbia Chicken Marketing Board,
(g) Prince Edward Island, Prince Edward Island Poultry Meat Commodity Marketing Board,
(h) Saskatchewan, Chicken Farmers of Saskatchewan,
(i) Alberta, Alberta Chicken Producers, and
(j) Newfoundland, Newfoundland Chicken 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 sur-transformateurs de volailles)
non-signatory provinces
non-signatory provinces[Repealed, SOR/2002-1, s. 2]
non-signatory territory
non-signatory territory means the Yukon Territory, the Northwest Territories and Nunavut; (territoire non signataire)
period
period means the period, as established by CFC from time to time, during which chicken produced in a signatory province or in a non-signatory territory is authorized to be marketed; (période)
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 who raises chickens for processing, for sale to the public or for use in products manufactured by the person; (producteur)
regulated area
regulated area[Repealed, SOR/91-139, s. 2]
signatory provinces
signatory provinces means all the provinces of Canada except the non-signatory territories. (provinces signataires)
unregulated area
unregulated area[Repealed, SOR/90-477, s. 2]

SOR/79-638, s. 2;
SOR/81-115, s. 2;
SOR/90-477, s. 2;
SOR/91-139, s. 2;
SOR/96-141, s. 2;
SOR/98-244, s. 2;
SOR/2002-1, s. 2.

PART I Chicken Farmers of Canada[SOR/2002-1, s. 3]

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 CFC to hold office until the end of CFC’s annual meeting in the calendar year following the year of 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 chicken meat to be members of CFC and each person so appointed shall hold office until the end of CFC’s second annual meeting in the second calendar year following the year of appointment.
(3) The Canadian Restaurant and Food Service Association may, at any time, appoint a person who is a resident of Canada and who is experienced in the business or trade of supplying prepared foods to consumers to be a member of CFC to hold office until the end of CFC’s annual meeting in the second calendar year following the year of appointment.
(4) 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 chicken meat to be a member of CFC to hold office until the end of CFC’s annual meeting in the second calendar year following the year of appointment.
(5) A Commodity Board or an organization referred to in subsections (2) to (4) 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 CFC, 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.
(6) A Commodity Board or an organization referred to in subsections (2) to (4) may, at any time, revoke the membership of a member or temporary substitute member appointed by it.

SOR/79-638, s. 3(F);
SOR/81-678, s. 1;
SOR/96-141, s. 3;
SOR/2002-1, ss. 4, 16.

3 The members of CFC 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 CFC’s annual meeting next following the appointments.

SOR/96-141, s. 3;
SOR/2002-1, s. 16.

4 The head office of CFC shall be situated in the City of Ottawa, in the Province of Ontario.

SOR/79-638, s. 4;
SOR/84-808, s. 1;
SOR/2002-1, s. 5.

PART II The Marketing Plan

5 In this Part,

Board

Board means, in respect of the Province of

(a) Ontario, Ontario Farm Products Marketing Commission,
(b) Quebec, Régie des marchés agricoles et alimentaires du Québec,
(c) Nova Scotia, Nova Scotia Natural Products Marketing Council,
(d) New Brunswick, New Brunswick Farm Products Commission,
(e) Manitoba, Manitoba Natural Products Marketing Council,
(f) British Columbia, British Columbia Marketing Board,
(g) Prince Edward Island, Prince Edward Island Marketing Council,
(h) Saskatchewan, Agri-Food Marketing Council,
(i) Alberta, Alberta Agricultural Products Marketing Council, and
(j) Newfoundland, Newfoundland Agricultural Products Marketing Board; (Régie)

marketing
marketing, in relation to chicken, includes selling and offering for sale and buying, pricing, assembling, packing, processing, transporting, storing and any other act necessary to prepare the chicken in a form, or to make it available at a place and time, for purchase for consumption or use; (commercialisation)
Operating Agreement
Operating Agreement means Schedule B to the Federal-Provincial Agreement for Chicken, as amended from time to time; (entente opérationnelle)
quota

quota means

(a) in respect of a non-signatory territory, the number of kilograms of chicken, expressed in eviscerated weight, that a person is entitled to market in interprovincial trade into the signatory provinces during a period, and
(b) in respect of a signatory province, the number of kilograms of chicken, expressed in live weight, that a producer is entitled to market in interprovincial or export trade during a period; (contingent)

quota system

quota system means a system established by CFC by which

(a) in respect of a non-signatory territory, CFC allots quotas to persons in the non-signatory territory, and
(b) in respect of a signatory province, the appropriate Board or Commodity Board allots quotas to producers of that province on behalf of CFC, thus allowing CFC, in respect of a non-signatory territory, or a Board or Commodity Board, in respect of the signatory provinces, to fix and determine the quantity, if any, in which chicken of any variety, class or grade may be marketed in interprovincial or export trade. (contingentement)

SOR/79-638, s. 5;
SOR/80-785, s. 1;
SOR/81-115, s. 2;
SOR/90-477, s. 3;
SOR/91-139, s. 3;
SOR/2002-1, s. 6.

Establishment of a Quota System[SOR/2002-1, s. 7]

6 (1) CFC shall, by order or regulation, establish a quota system for the signatory provinces by which quotas are allotted to all members of classes of chicken producers in each province to whom quotas are allotted by the appropriate Board or Commodity Board.
(2) CFC may, by order or regulation, establish a quota system for one or more non-signatory territories allowing CFC to fix and allot quotas to any person in a non-signatory territory engaged in the interprovincial marketing of chicken and to determine, for the purposes of orderly marketing, the quantity of chicken produced in a non-signatory territory that may be marketed into the signatory provinces, and the conditions under which it may be so marketed.
(3) CFC may reduce or may refuse to allot, for subsequent periods and in any manner and to any extent that it considers appropriate, the quota of a producer who has produced and marketed chicken in excess of a quota previously allotted to that person.

(4) In establishing a quota system in accordance with subsection (1), CFC shall establish its allocation for each signatory province for a year in such a manner that the aggregate of the numbers following in respect of that province is equal to the number of kilograms of chicken set out in the table to subsection (5) for the year in respect of that province:

(a) the number of kilograms of chicken produced in the province and authorized to be marketed in interprovincial and export trade in the year, under quotas allotted on behalf of CFC by the appropriate Board or Commodity Board,
(b) the number of kilograms of chicken produced in the province and authorized to be marketed in intraprovincial trade in the year, under quotas allotted by the appropriate Board or Commodity Board, and
(c) the number of kilograms of chicken produced in the province and anticipated to be marketed in the year, as authorized other than by quotas.

(5) The number of kilograms of chicken initially established for a year in respect of a signatory province set out in column 1 of the table to this subsection is the number of kilograms set out in column 2.
TABLE

Column 1
Column 2

Item
Signatory Province
Live Weight in Kilograms

1
Ontario
137,200,000

2
Quebec
118,596,000

3
Nova Scotia
15,075,000

4
New Brunswick
10,208,000

5
Manitoba
15,773,000

6
British Columbia
36,088,000

7
Prince Edward Island
737,000

8
Saskatchewan
9,130,000

9
Alberta
27,053,000

10
Newfoundland
2,784,000

(6) In establishing a quota system in accordance with subsection (2), CFC shall establish its allocation for each non-signatory territory in such a manner that the number of kilograms of chicken produced in the non-signatory territory and authorized to be marketed in interprovincial trade into the signatory provinces in a year, under quotas allotted by CFC, equals the average number of kilograms of chicken produced in the non-signatory territory, and marketed in interprovincial trade into the signatory provinces, in a year, during the five years beginning on January 1, 1986 and ending on December 31, 1990.
(7) Despite subsection (6), CFC may establish the initial and any subsequent allocation to a non-signatory territory for a period other than a year.

SOR/80-785, s. 2;
SOR/90-477, s. 4;
SOR/91-139, s. 4;
SOR/2002-1, ss. 8, 16.

Changes to Quota Allocation

7 (1) Unless the process set out in the Operating Agreement for making changes to quota allocation has been followed, no order or regulation shall be made with respect to the allocation to a signatory province if its effect would be to increase or decrease, to a number that is different on a yearly basis from the number of kilograms of chicken set out in respect of that province in the table to subsection 6(5), the aggregate of

(a) the number of kilograms of chicken produced in the province and authorized to be marketed in interprovincial and export trade, under quotas allotted on behalf of CFC by the appropriate Board or Commodity Board, and to be marketed in intraprovincial trade, under quotas allotted by the appropriate Board or Commodity Board, and
(b) the number of kilograms of chicken produced in the province and anticipated to be marketed in intraprovincial, interprovincial and export trade as authorized other than by quotas.

(2) Despite subsection (1) and section 6, subsequent to the initial allocation made in accordance with section 6, CFC may allocate quotas to a signatory province for a period other than a year.
(3) No order or regulation shall be made with respect to a non-signatory territory if its effect would be to increase or decrease the number of kilograms of chicken produced in the non-signatory territory and authorized to be marketed in interprovincial trade into the signatory provinces, under quotas allotted by CFC, to a number that is different on a yearly basis, from the number of kilograms of chicken referred to in subsection 6(6), unless the increase or decrease is in the same proportion as the average increase or decrease in an order or regulation made by CFC with respect to the signatory provinces in accordance with this section.

SOR/90-477, s. 5;
SOR/91-139, s. 5;
SOR/2002-1, s. 9.

7.1 [Repealed, SOR/2002-1, s. 9]

8 The quota allocation for a signatory province or a non-signatory territory

(a) shall not be augmented as a result of predatory marketing practices, including the shorting of a market traditionally supplied for the purpose of supplying a market not traditionally supplied; and
(b) shall be liable to subsequent adjustment if such predatory marketing practices have occurred.

SOR/2002-1, s. 10.

9 If a delegation is made under subsection 22(3) of the Act, CFC shall, by order, prescribe the function that is to be performed on behalf of CFC and the limitations, if any, imposed on the Board or Commodity Board in the exercise of that function.
SOR/2002-1, s. 11.

10 In making orders and regulations establishing and implementing a quota system, CFC 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.
SOR/2002-1, s. 16.

Licensing

11 (1) CFC shall, with respect to the signatory provinces, and may, with respect to a non-signatory territory, by order or regulation, establish a system for the licensing of persons who are engaged in the marketing of chicken in interprovincial or export trade, and the system may provide for the payment to CFC of fees in respect of each licence issued and for the prohibition of predatory marketing practices.

(2) CFC, 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 such licence comply with orders and regulations of CFC or of any Board or Commodity Board; and
(b) the conditions under which the marketing of chicken may take place in interprovincial or export trade.

SOR/90-477, s. 6;
SOR/91-139, s. 7;
SOR/2002-1, ss. 12, 16.

Levies

12 (1) CFC may, with respect to the signatory provinces, by order or regulation, impose levies or charges on persons engaged in the production or marketing of chicken and any such order or regulation may classify such persons into groups and specify the levies or charges payable by members of each such group and provide for the manner of their collection.
(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 CFC that is an amount sufficient to defray its administrative and marketing expenses and costs, as estimated by it, for the year.
(3) CFC, 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 chicken, as CFC considers appropriate, and any other expenses and costs deemed essential by CFC for the realization of its objects.
(4) CFC 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).

SOR/91-139, s. 8;
SOR/2002-1, ss. 13, 16.

Debts Payable to Cfc

12.1 Licence fees, levies or charges prescribed by orders and regulations of CFC become debts payable to CFC at the time prescribed in the orders or regulations.
SOR/2002-1, s. 14.

General

13 With respect to chicken produced in a signatory province and to chicken produced in a non-signatory territory and shipped into a signatory province in interprovincial trade and not for export, CFC shall exercise its powers in such a manner as to preclude any person from selling chicken in a signatory province, other than the signatory province or non-signatory territory in which the chicken is produced, at a price that is less than the aggregate of

(a) the price charged at or about the same time by the trade for similar sales of chicken of an equivalent variety, class or grade in the signatory province or non-signatory territory in which the chicken is produced, and
(b) any reasonable transportation charges for shipping that chicken to the place where it is marketed.

SOR/90-477, s. 7;
SOR/91-139, s. 9;
SOR/2002-1, s. 15.

14 CFC 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 CFC;
(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 CFC 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.

SOR/2002-1, s. 16.

Review of Marketing Plan

15 (1) CFC 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 determine whether or not any modifications are required in order to facilitate the carrying out by CFC of its objects.
(2) A meeting referred to in subsection (1) shall be held as soon as is reasonably convenient after receipt by CFC of a written request for such a meeting from the Board and Commodity Board for each of at least two provinces.

SOR/91-139, s. 10(F);
SOR/2002-1, s. 16.