Canadian Pork Promotion-Research Levies Order: SOR/2021-217

Canada Gazette, Part II, Volume 155, Number 22

Registration
SOR/2021-217 October 8, 2021

FARM PRODUCTS AGENCIES ACT

Whereas the Governor in Council has, by the Canadian Pork Promotion-Research Agency Proclamation footnote a, established the Canadian Pork Promotion-Research Agency pursuant to subsection 39(1) footnote b of the Farm Products Agencies Act footnote c;

Whereas that Agency has been empowered to implement a promotion and research plan pursuant to that Proclamation;

Whereas the proposed Canadian Pork Promotion-Research Levies Order is an order of a class to which paragraph 7(1)(d) footnote d of that Act applies by reason of section 2 of the Agencies’ Orders and Regulations Approval Order footnote e, and has been submitted to the National Farm Products Council pursuant to paragraph 42(1)(d)footnote b of that Act;

And whereas, pursuant to paragraph 7(1)(d)footnote d of that Act, the National Farm Products Council has approved the proposed Order after being satisfied that it is necessary for the implementation of the promotion and research plan that that Agency is authorized to implement;

Therefore, the Canadian Pork Promotion-Research Agency, pursuant to paragraphs 42(1)(d)footnote b and (e)footnote b of the Farm Products Agencies Act footnote c and section 9 of the schedule to the Canadian Pork Promotion-Research Agency Proclamation footnote a, makes the annexed Canadian Pork Promotion-Research Levies Order.

Ottawa, October 8, 2021

Canadian Pork Promotion-Research Levies Order

Interpretation

Definitions

1 The following definitions apply in this Order.

dealer
means a person who acts as an agent in the buying or selling of hogs. (négociant)
imported pork product
means a pork product that is imported into Canada and classified under one or more of the Customs Tariff tariff item numbers set out in Schedule 2. (produit du porc importé)
importer
means any person who imports hogs or pork products into Canada. (importateur)
processor
means a person who processes hogs. (transformateur)
producer
means a person who produces hogs. (producteur)
purchaser
means a person who purchases hogs and includes a producer, a dealer and a processor. (acheteur)
seller
means a person who sells hogs and include a dealer and a producer. (vendeur)

Definition of collector

2 (1) Subject to subsection (2), in this Order, collector means

Other collector

(2) If the Agency appoints a person under subsection 9(5) of the schedule to the Canadian Pork Promotion-Research Agency Proclamation, other than a collector referred to in subsection (1), to collect on the Agency’s behalf the levies and statements imposed by this Order for a province, that person is, for the purposes of this Order, one of the collectors for that province.

Dealer

3 If more than one dealer is involved in the purchase or sale of hogs, the reference to “purchaser” is to the dealer who first receives payment of the purchase price.

Interprovincial Trade

Levy amount — seller

4 (1) A seller who sells hogs in interprovincial trade must pay to the Agency, for each hog sold that was produced in a province set out in column 1 of the table to this subsection, a levy in the amount set out in column 2 for that province.

TABLE
Item

Column 1

Province where hog was produced

Column 2

Levy ($)

1 Ontario 0.95
2 Nova Scotia 2.00
3 New Brunswick 1.00
4 Manitoba 0.80
5 British Columbia 1.00
6 Prince Edward Island 1.23
7 Saskatchewan 0.85
8 Alberta 1.00

Levy amount — seller (Quebec)

(2) A seller who sells hogs in interprovincial trade that are produced in Quebec must pay to the Agency, for each hog sold, a levy in the amount of $1.274 per hundred kilogram dressed weight.

Levy amount — producer

(3) A producer who produces hogs in a province set out in column 1 of the table to subsection (1), but processes them in another province, must pay to the Agency, for each hog processed, a levy in the amount set out in column 2 for the province in which the hog was produced.

Levy amount — producer (Quebec)

(4) A producer who produces hogs in Quebec, but processes them in another province, must pay to the Agency, for each hog processed, a levy of $1.274 per hundred kilogram dressed weight.

Payment of levies — collector

5 (1) All levies referred to in section 4 must be paid or remitted, as the case may be, to the Agency through a collector in the province where the hogs were produced.

Statements — collector

(2) All statements referred to in section 8 and subsection 10(4) must be submitted to the Agency through a collector for the province where the hogs were produced.

Deduction of levy by purchaser

6 (1) The purchaser must deduct from the purchase price the levy payable under subsection 4(1) or (2), as the case may be, and remit it to the Agency on behalf of the seller.

Payment by processor

(2) The processor must pay the levy payable under subsection 4(3) or (4) as the case may be, to the Agency on behalf of the producer.

Document — purchaser

7 (1) At the time of the sale, the purchaser referred to in subsection 6(1), must provide the seller with a document setting out the purchase price and the amount of the levy deducted.

Document — processor

(2) At the time the hogs are processed, the processor referred to in subsection 6(2), must provide the producer with a document setting out the amount of the levy payable.

Time limit and information

8 The purchaser or the processor referred to in subsection 6(1) or (2) respectively, must remit or pay, as the case may be, the levy to the Agency within the period established by the laws of the collector’s province for remitting levies payable on the sale or processing of hogs in that province, together with a statement that sets out:

Records

9 Every person referred to in sections 4 and 6 must

Proof

10 (1) At the request of the Agency, every person referred to in section 4 or 6 must prove that a levy payable under this Order has been

Failure to deduct levy

(2) If a purchaser does not deduct the levy as required by subsection 6(1), the seller must pay the levy payable in respect of the sale to the Agency.

Failure to pay levy

(3) If a processor does not pay the levy as required by subsection 6(2), the producer must pay the levy payable in respect of the processed hogs to the Agency.

Payment and information

(4) When paying the levy in accordance with subsection (2) or (3), the seller or the producer, as the case may be, must provide a statement to the Agency that sets out:

Liability — purchaser and seller

11 (1) If the purchaser does not deduct the levy in accordance with subsection 6(1) and the seller does not pay the levy in accordance with subsection 10(2), the purchaser and the seller are jointly and severally, or solidarily liable for the levy that is payable to the Agency.

Liability — processor and producer

(2) If the processor does not pay the levy in accordance with subsection 6(2) and the producer does not pay the levy in accordance with subsection 10(3), the producer and the processor are jointly and severally, or solidarily liable for the levy payable to the Agency.

Import

Levy — importer

12 Each importer must pay to the Agency, for each imported hog or pork product, a levy in the amount set out in Schedule 1.

Method of payment and time limit

13 (1) A levy referred to under section 12 must be paid to the Agency by negotiable instrument in Canadian dollars or its equivalent in United States dollars within 21 days after the date indicated on the invoice sent by the Agency.

Invoice

(2) An invoice referred to in subsection (1) must include:

Records

14 Every importer must

Review and Cessation of Effect

Review of Order

15 The Agency must review this Order at the time that it carries out the review of the promotion–research plan required under subsection 11(1) of the schedule to the Canadian Pork Promotion-Research Agency Proclamation.

Cessation of effect

16 Sections 4 and 12 cease to have effect on June 30, 2022.

Coming into Force

Registration

17 This Order comes into force on the day on which it is registered.

SCHEDULE 1

(Section 12)

Levy Payable by Importer

Column 1

Item

Column 2

Levy ($)

Imported hog 0.80 per hog
Imported pork product The amount determined by the formula
A × B
where
A
is the tariff, expressed in cents per kilogram, set out in column 4 of Schedule 2 for the Customs Tariff tariff item number and class of imported pork product under the Customs Tariff set out respectively in columns 1 and 2 of Schedule 2; and
B
is the weight, expressed in kilograms, of that imported pork product.

SCHEDULE 2

(Section 1, paragraph 13 (2)(c) and Schedule 1)

Tariff Item Numbers and Levies for Imported Pork Products

Column 1

Customs Tariff Tariff Item No.

Column 2

Class of imported pork product under Customs Tariff

Column 3

Levy ($)

Column 4

Levy ($)

01.03 Live swine
0103.10.0000 Pure-bred breeding animals 0.80/unit 0.80/unit
0103.91.0000 Other: Weighing less than 50 kg 0.80/unit 0.80/unit
0103.92.0000 Other: Weighing 50 kg or more 0.80 /unit 0.80 /unit
02.03 Meat of swine, fresh, chilled or frozen
  Fresh or chilled:
0203.11.0000 Carcasses and half-carcasses 0.87/lb 0.40/kg
0203.12.0000 Hams, shoulders and cuts thereof, with bone in 0.87/lb 0.40/kg
0203.19.0010 Other: Spare ribs 0.87/lb 0.40/kg
0203.19.0020 Other: Back ribs 0.87/lb 0.40/kg
0203.19.0091 Other: Processed 0.97/lb 0.44/kg
0203.19.0099 Other: Other 1.11/lb 0.50/kg
  Frozen:
0203.21.0000 Carcasses and half-carcasses 0.87/lb 0.40/kg
0203.22.0000 Hams, shoulders and cuts thereof, with bone in 0.87/lb 0.40/kg
0203.29.0010 Other: Spare ribs 0.87/lb 0.40/kg
0203.29.0020 Other: Back ribs 0.87/lb 0.40/kg
0203.29.0090 Other: Other 1.11/lb 0.50/kg
02.06

Edible offal of bovine animals, swine, sheep, goats, horses, asses, mules or hinnies, fresh, chilled or frozen

Of swine

0206.30.0000 Fresh or chilled 0.87/lb 0.40/kg
0206.41.0000 Frozen: Livers 0.79/lb 0.36/kg
0206.49.0000 Frozen: Other 0.87/lb 0.40/kg
02.09 Pig fat, free of lean meat and poultry fat not rendered or otherwise extracted, fresh, chilled, frozen, salted, in brine, dried or smoked
0209.10.0000 Of pigs 0.79/lb 0.36/kg
02.10

Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and meals of meat or meat offal

Meat of swine

0210.11.0000 Hams, shoulders and cuts thereof, with bone in 0.87/lb 0.40/kg
0210.12.0000 Bellies (streaky) and cuts thereof 0.87/lb 0.40/kg
0210.19.0000 Other 0.87/lb 0.40/kg
0504.00.00 Guts, bladders and stomachs of animals (other than fish), whole and pieces thereof, fresh, chilled, frozen, salted, in brine, dried or smoked
0504.00.0012 Sausage casings: Of hog 0.79/lb 0.36/kg
15.01 Pig fat (including lard) and poultry fat, other than that of heading 02.09 or 15.03
1501.10.0000 Lard 0.79/lb 0.36/kg
1501.20.0000 Other pig fat 0.79/lb 0.36/kg
1601.00 Sausages and similar products, of meat, meat offal or blood; food preparations based on these products
1601.00.9010 Other: Pork sausages 0.67/lb 0.31/kg
16.02

Other prepared or preserved meat, meat offal or blood

Of swine

1602.41.1000 Hams and cuts thereof: In cans or glass jars 1.11/lb 0.50/kg
1602.41.9000 Hams and cuts thereof: Other 1.11/lb 0.50/kg
1602.42.1000 Shoulders and cuts thereof: In cans or glass jars 1.11/lb 0.50/kg
1602.42.9000 Shoulders and cuts thereof: Other 1.11/lb 0.50/kg
1602.49.1010 Other, including mixtures: In cans or glass jars 0.40/lb 0.18/kg
1602.49.1020 Other, including mixtures: Prepared meals 0.40/lb 0.18/kg
1602.49.9000 Other, including mixtures: other 0.40/lb 0.18/kg

EXPLANATORY NOTE

(This note is not part of the Order.)

This Order establishes the levy to be paid to the Canadian Pork Promotion-Research Agency by persons who sell hogs in interprovincial trade and by persons who import hogs or pork products into Canada.