Vol. 148, No. 13 — June 18, 2014

Registration

SOR/2014-143 May 30, 2014

FARM PRODUCTS AGENCIES ACT

Regulations Amending the Canadian Chicken Licensing Regulations

Whereas the Governor in Council has, by the Chicken Farmers of Canada Proclamation (see footnote a), established Chicken Farmers of Canada (“CFC”) pursuant to subsection 16(1) (see footnote b) of the Farm Products Agencies Act (see footnote c);

And whereas CFC has been empowered to implement a marketing plan pursuant to that Proclamation;

Therefore, Chicken Farmers of Canada, pursuant to paragraph 22(1)(f) of the Farm Products Agencies Act (see footnote d) and section 11 (see footnote e) of the schedule to the Chicken Farmers of Canada Proclamation (see footnote f), makes the annexed Regulations Amending the Canadian Chicken Licensing Regulations.

Ottawa, May 28, 2014

REGULATIONS AMENDING THE CANADIAN CHICKEN LICENSING REGULATIONS

AMENDMENTS

1. (1) The definition “primary processor” in section 1 of the Canadian Chicken Licensing Regulations (see footnote 1) is replaced by the following:

“primary processor” means a processor who slaughters chicken that was produced and marketed under a federal market development quota or a federal specialty chicken quota issued under the Canadian Chicken Marketing Quota Regulations. (transformateur primaire)

(2) Section 1 of the Regulations is amended by adding the following in alphabetical order:

“federal specialty chicken quota” means the number of kilograms of chicken, expressed in live weight, that a producer is entitled, under the Canadian Chicken Marketing Quota Regulations, to market in interprovincial or export trade to specialty chicken licensees during the period referred to in the schedule to those Regulations. (contingent fédéral de poulet de spécialité)

“specialty chicken” means chicken belonging to any product category listed in Schedule 4. (poulet de spécialité)

“specialty chicken commitment form” means the form set out in Schedule 5. (formulaire d’engagement pour le poulet de spécialité)

2. (1) The portion of subsection 5(1) of the Regulations before paragraph (a) is replaced by the following:

5. (1) Every licence, other than a market development licence or a specialty chicken licence, is issued subject to the following conditions:

(2) Section 5 of the Regulations is amended by adding the following after subsection (6):

(7) Every specialty chicken licence is issued subject to the following conditions:

3. Section 6 of the Regulations is amended by striking out “and” at the end of paragraph (f), by adding “and” at the end of paragraph (g) and by adding the following after paragraph (g):

4. Section 8 of the Regulations is amended by adding the following after subsection (3):

(4) CFC shall not suspend, revoke or refuse to renew a specialty chicken licence if the licence holder establishes that the failure to comply with the conditions of the specialty chicken licence is due to an event that

5. Section 9 of the Regulations is amended by adding the following after subsection (4):

(5) Despite subsections (1) to (3), a specialty chicken licence is to be automatically suspended if the holder fails to comply with subsection 12.2(3) of the Canadian Chicken Marketing Levies Order.

6. The Regulations are amended by adding, after Schedule 3, Schedules 4 and 5 set out in the schedule to these Regulations.

COMING INTO FORCE

7. These Regulations come into force on the day on which they are registered.

SCHEDULE
(Section 6)

SCHEDULE 4
(Section 1)

PRODUCT CATEGORIES OF SPECIALTY CHICKEN

Note: Specialty chicken in product categories 2 to 10 must be marketed with the head and feet attached.

SCHEDULE 5
(Section 1)

SPECIALTY CHICKEN COMMITMENT FORM

Province:

1. As the holder of specialty chicken Licence No. ___ issued by Chicken Farmers of Canada, _________________________________
(Name of Primary Processor or Producer)

requests the production of the following product categories and the amounts (in kilograms live weight) of specialty chicken during the following allocation periods, for planned marketing in accordance with the provisions of the Canadian Chicken Licensing Regulations:

Allocation Period
Product Category A- A- A- A- A- A- A-
               
               
               
               
               
               
               
               

2._____________________________________
(Name of Primary Processor or Producer)

commits to market the requested product categories and the amounts (in kilogramslive weight) of specialty chicken for each allocation period as indicated in the table above.

3. If the applicant requesting production is a primary processor:

_____________________________________
(Name of Primary Processor)

confirms that arrangements are in place with the following producers(s) to producethe requested product volume.

Producer Amount of requested product volume
   
   
   
   

4. If the applicant requesting production is a producer:

_____________________________________
(Name of Producer)

confirms that arrangements are in place with the following primary processor(s)to process the requested product volume.

Primary Processor Amount of requested product volume
   
   
   
   

__________________________________________
(Signature of Primary Processor or Producer)

Date ______________

__________________________________________
(Signature of CFC or CFC Designate)

Date ______________

Date of receipt of this form by CFC or CFC Designate: ______________

EXPLANATORY NOTE

(This note is not part of the Regulations.)

These Regulations amend the Canadian Chicken Licensing Regulations to create a licence for the marketing of specialty chicken and establish conditions for the holding of this licence.

The definitions of “federal specialty chicken quota,” “specialty chicken,” and “specialty chicken commitment form” are added to the definitions in section 1. The definition of “primary processor” in section 1 is expanded to include a processor who slaughters chicken produced and marketed under a federal specialty chicken quota.

Subsection 5(1) is amended to exclude specialty chicken licences from the licence conditions contained in subsection 5(1).

Subsection 5(7) is added and lists the conditions of a specialty chicken licence.

“Specialty chicken licence” is added to the types of licences and associated fees listed in section 6.

Subsection 8(4) is added to provide for relief in limited circumstances from suspension, revocation, or refusal to issue or renew for specialty chicken holders who fail to comply with licence conditions.

Subsection 9(5) is added to provide for the automatic suspension of a specialty chicken licence if the holder fails to comply with subsection 12.2(3) of the Canadian Chicken Marketing Levies Order.

Schedule 4 is added and contains the product categories of specialty chicken for which a specialty chicken licence may be issued.

Schedule 5 is added and contains the specialty chicken commitment form that registered chicken producers or primary processors will use to request the production of and commit to market specified volumes and product categories in future allocation periods.