Vol. 149, No. 22 — November 4, 2015

Registration

SOR/2015-227 October 16, 2015

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, October 14, 2015

REGULATIONS AMENDING THE CANADIAN CHICKEN LICENSING REGULATIONS

AMENDMENTS

1. The definitions “CFC”, “chicken”, “marketing”, “producer”, “Provincial Commodity Board” and “Provincial Supervisory Board” in section 1 of the Canadian Chicken Licensing Regulations (see footnote 1) are repealed.

2. (1) Paragraph 5(1)(j) of the Regulations is replaced by the following:

(2) Paragraph 5(3)(d) of the Regulations is replaced by the following:

(3) Paragraph 5(3)(e) of the French version of the Regulations is replaced by the following:

(4) Subparagraph 5(3)(i.01)(v) of the Regulations is replaced by the following:

(5) Subparagraph 5(3)(i.01)(vii) of the Regulations is replaced by the following:

(6) Paragraph 5(3)(i.1) of the Regulations is replaced by the following:

(7) Paragraph 5(7)(o) of the Regulations is replaced by the following:

3. Subsections 8(1) to (2) of the Regulations are replaced by the following:

8. (1) Subject to subsection (3), CFC may suspend a licence if the licensee

(2) Subject to subsection (3), CFC may revoke a licence if

(2.1) Subject to subsection (3), CFC may refuse to issue a licence or to renew a licence for

(2.2) For the purposes of paragraphs (1)(b), 2(b) and (2.1)(c), an applicant or licensee is not in good standing if CFC has been notified in writing by the Commodity Board or the Board that

4. Paragraph 2(b) of Schedule 1 to the Regulations is replaced by the following:

5. The heading of column 1 of the table to section 1 of Schedule 2 to the French version of the Regulations is replaced by “Catégorie de produits”.

6. Section 3 of Schedule 2 to the Regulations is replaced by the following:

3. The chicken or its live weight equivalent must be marketed in interprovincial or export trade to any buyers and for any end-uses, except that if the chicken, or its live weight equivalent, that is in a product category set out in item 3, 7 or 8, column 1 of the table to section 1 is marketed in interprovincial trade, it must be marketed to a person who has been issued a Market Development Policy Volume Confirmation letter by the Department of Foreign Affairs, Trade and Development, for one or more end-uses specified in the letter.

7. Schedule 3 to the Regulations is replaced by the Schedule 3 set out in the schedule to these Regulations.

8. The Regulations are amended by replacing “Provincial Commodity Board” with “Commodity Board” in the following provisions:

9. The English version of the Regulations is amended by replacing “Provincial Commodity Board” with “Commodity Board” in the following provisions:

COMING INTO FORCE

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

SCHEDULE
(Section 7)

SCHEDULE 3
(Subparagraph 5(3)(i.01)(vi) and paragraph 5(4)(b))

DECLARATION

________________ declares that the following products(s),
(Primary processor)
slaughtered at our facility, has/have been purchased by _____________
and is/are being claimed by the purchaser to meet the purchaser’s market
development commitment for period A-____________:

Date of Marketing CFIA (see reference 1)
Certificate Number, if applicable		 Product Marketed
     
     
     
     
     

Reference 1
Canadian Food Inspection Agency

Authorized Officer:

_____________________________
(Signature)

Name: _______________________

Position: _____________________

DATE : _______________________

_____________________________________________________

NOTES:
  1. This form is to be prepared and signed by the primary processor.
  2. Within seven (7) days after the day on which this form is signed, the primary processor must submit
    • (a) Copy 1 to the Chicken Farmers of Canada, 1007-350 Sparks Street, Ottawa, ON K1R 7S8;
    • (b) Copy 2 to the Commodity Board; and
    • (c) Copy 3 to the processor claiming the product(s).
  3. Copy 4 is to be retained by the primary processor for his or her own records.

EXPLANATORY NOTE

(This note is not part of the Regulations.)

The amendments to the Canadian Chicken Licensing Regulations repeal the duplicate definitions “CFC,” “chicken,” “marketing,” “producer,” “Provincial Commodity Board” and “Provincial Supervisory Board” in section 1. These terms are defined in the Chicken Farmers of Canada Proclamation.

The English version of the Regulations is amended to replace “Provincial Commodity Board” with “Commodity Board” in paragraphs 5(1)(a), (b), (g) and (h), paragraphs 5(3)(b) and (f), the portion of paragraph 5(3)(i) before subparagraph (i), subparagraph 5(3)(i)(viii), the portion of paragraph 5(3)(i.01) before subparagraph (i), paragraphs 5(3)(l) and (m), paragraph 5(4)(b), the portion of paragraph 5(7)(c) before subparagraph (i), paragraphs 5(7)(i), (l) and (m), and Schedule 3, to accord with the definition in the Chicken Farmers of Canada Proclamation.

The English version of the Regulations is amended to replace “Provincial Supervisory Board” with “Board” in paragraph 5(1)(j) and paragraph 5(7)(o) to accord with the definition in the Chicken Farmers of Canada Proclamation.

The French version of the Regulations is amended by replacing “Office de commercialisation provincial” and “Office de commercialisation de la province” with “Office de commercialisation” in paragraphs 5(1)(a), (b), (g) and (h), paragraph 5(3)(b), subparagraph 5(3)(i)(viii), the portion of paragraph 5(3)(i.01) before subparagraph (i), paragraph 5(3)(m), paragraph 5(4)(b), paragraphs 5(7)(l) and (m) and Schedule 3, to accord with the definition in the Chicken Farmers of Canada Proclamation.

Subparagraph 5(3)(i.01)(v) and section 3 to Schedule 2 of the Regulations are amended to replace “Department of Foreign Affairs and International Trade” with “Department of Foreign Affairs, Trade and Development Canada.”

Subparagraph 5(3)(i.01)(vii) of the Regulations is amended to clarify what type of information would allow Chicken Farmers of Canada (CFC) to determine the dry weight and, by reference to section 1 of Schedule 2, the product categories of chicken referred to in section 2 of the market development commitment form.

Subsections 8(1) and (2) of the Regulations are amended to enumerate the criteria that guide CFC’s exercise of discretion to suspend, revoke, refuse to issue or renew a licence.

Schedule 1 of the Regulations is amended by adding paragraphs 5(3)(b) and (d) in the references after the heading “Schedule 1,” for greater clarity.