Vol. 149, No. 16 — August 12, 2015

Registration

SOR/2015-201 July 22, 2015

FARM PRODUCTS AGENCIES ACT

Proclamation Amending the Canadian Beef Cattle Research, Market Development and Promotion Agency Proclamation

DAVID JOHNSTON

[L.S.]

Canada

ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.

TO ALL TO WHOM these presents shall come or whom the same may in any way concern,

Greeting:

WILLIAM PENTNEY
Deputy Attorney General

A PROCLAMATION

Whereas subsection 39(1) of the Farm Products Agencies Act provides that the Governor in Council may, by proclamation, establish a promotion-research agency with powers relating to one or more farm products, if the Governor in Council is satisfied that the majority of the aggregate of the producers or, if the import trade in one or more farm products is to be included, the majority of the aggregate of the producers and importers, of all of those farm products, in Canada or in the region to which the proclamation relates, is in favour of the establishment of such an agency;

Whereas the Governor in Council, by and with the advice of our Privy Council for Canada and pursuant to Order in Council P.C. 2001-2352 of December 13, 2001, did by Proclamation

• (a) establish a promotion-research agency, known as the Canadian Beef Cattle Research, Market Development and Promotion Agency, consisting of 16 members appointed in the manner and for the terms as set out in the schedule to the Proclamation;
• (b) specify that the manner of designation of the chair and vice-chair of the Canadian Beef Cattle Research, Market Development and Promotion Agency, the manner of appointment and term of temporary substitute members of the Agency and the place within Canada where the head office of the Agency is to be situated are as set out in the schedule to the Proclamation;
• (c) designate that the farm products in relation to which the Canadian Beef Cattle Research, Market Development and Promotion Agency may exercise its powers are beef cattle, beef and beef products as defined in the schedule to the Proclamation; and
• (d) specify that the terms of the promotion-research plan that the Canadian Beef Cattle Research, Market Development and Promotion Agency is empowered to implement are as set out in the schedule to the Proclamation;

Whereas the Governor in Council is satisfied that the majority of the aggregate of producers and importers of beef cattle, beef and beef products in Canada is in favour of the amendments to the Canadian Beef Cattle Research, Market Development and Promotion Agency Proclamation set out in the annexed schedule;

And whereas, by Order in Council P.C. 2015-830 of June 17, 2015, the Governor in Council directed that a proclamation do issue amending the Canadian Beef Cattle Research, Market Development and Promotion Agency Proclamation in accordance with the annexed schedule;

Now know you that We, by and with the advice of Our Privy Council for Canada and pursuant to Order in Council P.C. 2015-830 of June 17, 2015, do by this Our Proclamation amend the Canadian Beef Cattle Research, Market Development and Promotion Agency Proclamation in accordance with the annexed schedule.

Of all which Our loving subjects and all others whom these presents may concern are required to take notice and to govern themselves accordingly.

In testimony whereof, We have caused this Our Proclamation to be published and the Great Seal of Canada to be affixed to it. WITNESS: Our Right Trusty and Well-beloved David Johnston, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Chancellor and Commander of Our Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.

AT OUR GOVERNMENT HOUSE, in Our City of Ottawa, this twenty-first day of July in the year of Our Lord two thousand and fifteen and in the sixty-fourth year of Our Reign.

By Command,

JOHN KNUBLEY
Deputy Registrar General of Canada

GOD SAVE THE QUEEN

SCHEDULE

1. (1) Paragraph (a) of the definition “provincial cattle association” in section 1 of the schedule to the Canadian Beef Cattle Research, Market Development and Promotion Agency Proclamation (see footnote 1) is replaced by the following:

• (a) Ontario, the Beef Farmers of Ontario;
  

(2) Paragraphs (g) and (h) of the definition “provincial cattle association” in section 1 of the schedule to the Proclamation are replaced by the following:

• (g) Prince Edward Island, the Prince Edward Island Cattle Producers;
• (h) Saskatchewan, the Saskatchewan Cattlemen’s Association;

2. Sections 2 to 4 of the schedule to the Proclamation are replaced by the following:

2. The 16 members of the Agency are to be elected by the delegates at the Agency’s Annual Forum in the following manner:

• (a) one member is to be elected to represent the primary producers of each of the following provinces from among the candidates who are nominated by the provincial cattle association of those provinces:
  • (i) Ontario,
  • (ii) Quebec,
  • (iii) Nova Scotia,
  • (iv) New Brunswick,
  • (v) Manitoba,
  • (vi) British Columbia,
  • (vii) Prince Edward Island, and
  • (viii) Saskatchewan;
• (b) two members are to be elected to represent the primary producers of Alberta from among the candidates who are nominated by the provincial cattle association of Alberta;
• (c) one member is to be elected to represent importers from among the candidates who are nominated by the Canadian Association of Importers and Exporters Inc.;
• (d) one member is to be elected to represent the retail and food service sector from among the candidates who are employed in that sector and who are nominated by the delegates at the Annual Forum, and one temporary substitute member is to be elected by those delegates from among the candidates who is to hold office until the next Annual Forum, if the member who represents the retail and food service sector resigns or dies, or to act during any period in which that member is unable to act; and
• (e) four members are to be elected to collectively represent the beef and veal processors, traders, brokers and exporters from among the candidates who are nominated by the Canadian Meat Council.

3. A member holds office for a two-year term beginning on the last day of the Annual Forum at which the member is elected.

4. If a member resigns or dies, the association or council that nominated the member is to appoint a temporary substitute member to hold office until the next Annual Forum, and if a member is unable to act, the association or council is to appoint a temporary substitute member to act during the period that the member is unable to act.

3. (1) Subsection 6(1) of the schedule to the Proclamation is replaced by the following:

(1) The members of the Agency are, at their first meeting and, after that, at the first meeting after each Annual Forum, to elect from among themselves a chair and a vice-chair.

(2) Subsection 6(2) of the English version of the schedule to the Proclamation is replaced by the following:

(2) If the chair and vice-chair resign their office or cease to be members of the Agency, or if one resigns and the other ceases to be a member, the members of the Agency are, at their next meeting, to elect from among themselves a new chair and vice-chair.

4. Section 11 of the schedule to the Proclamation and the heading before it are repealed.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Proclamation.)

Issues and objectives

The Farm Products Marketing Agencies Act was proclaimed in 1972. This legislation allowed the creation of the National Farm Products Council (NFPC), also referred to by its applied name of the Farm Products Council of Canada (FPCC). The Act also provides the legal foundation for the creation of the Canadian Beef Cattle Research, Market Development and Promotion Agency. This Agency provides a stable funding source for research, market development and promotion activities through levies or check-offs on persons engaged in the marketing of beef and beef products in importation and interprovincial or export trade.

The Canadian Beef Cattle Research, Market Development and Promotion Agency is an agency created by royal proclamation in 2002 pursuant to Part III, subsection 39(1), of the Farm Products Agencies Act (FPAA).

In 2011, on the recommendation of the Canada Beef Working Group, two organizations, the Canada Beef Export Federation and the Beef Information Centre, agreed to merge with the Canadian Beef Cattle Research, Market Development and Promotion Agency.

This merger will allow for the development of a new organizational structure that will maximize the efficiency and effectiveness of domestic and international beef marketing activities and provide for additional funds generated through simplified administration and the elimination of duplication. This change will also require changes in the administration of the existing Canadian Beef Cattle Research, Market Development and Promotion Agency Proclamation. This will reflect the new structure of the organization and how members of the Agency will now be elected.

The existing Proclamation allows the Agency to have a total of 16 members. There are 14 members from the Canadian Cattlemen’s Association and one member each from the Canadian Meat Council and the Canadian Association of Importers and Exporters Inc.

The amendments will allow the provincial boards from British Columbia, Saskatchewan, Manitoba, Ontario, Quebec, New Brunswick, Nova Scotia, and Prince Edward Island to nominate one member and from Alberta to nominate two members. The amendments will also allow the Canadian Meat Council to nominate four members, the Canadian Association of Importers and Exporters Inc. to nominate one member and the retail and food service sector to nominate one member, for a total of 16 members.

Description

The amendments to the Proclamation will

• Change the name of two provincial associations, the “Ontario Cattlemen’s Association” to the “Beef Farmers of Ontario” and the “Prince Edward Island Cattlemen’s Association Inc.” to the “Prince Edward Island Cattle Producers.”

  The Province of Saskatchewan has assigned the task of administration of The Cattle Marketing Deductions Act, 1998, S.S. 1998, c. C-3.1, from the Minister of Agriculture, Food and Rural Revitalization, or such other member of the Executive Council of Saskatchewan, to the “Saskatchewan Cattlemen’s Association.” This amendment needs to be reflected in the Proclamation, as the Saskatchewan Cattlemen’s Association will be appointed by the Canadian Beef Cattle Research, Market Development and Promotion Agency to collect, on the Canadian Beef Cattle Research, Market Development and Promotion Agency’s behalf, the levies or charges imposed by any order or regulations made by the Canadian Beef Cattle Research, Market Development and Promotion Agency and approved by the Farm Products Council of Canada.

• Change the structure of the Board. The proposed amendment will provide that the provincial boards from British Columbia, Saskatchewan, Manitoba, Ontario, Quebec, New Brunswick, Nova Scotia, and Prince Edward Island may nominate one member and from Alberta may nominate two members. The Canadian Meat Council may nominate four members, the Canadian Association of Importers and Exporters Inc. may nominate one member, and the retail and food service sector may nominate one member, for a total of 16 members.

  Newfoundland and Labrador will have no representatives, as the province has no provincial beef board and cattle numbers for this province represent 0.1% of the Canadian total cattle inventory and, therefore, are not significant.

• Repeal section 11 and have monies collected by import levy kept in a separate account and controlled by the Canadian Beef Cattle Research, Market Development and Promotion Agency and directed towards programs that promote increased beef consumption in Canada. Currently, section 11 of the Proclamation allows members of the Board, representing the importers and the Canadian Meat Council, to direct (within the confines of the business plan) how monies collected by import levy are spent.

Consultation

The proposed amendments were developed in collaboration with stakeholders over more than two years of extensive consultation. Key participants in the consultation process included the Beef Information Centre, the Canada Beef Export Federation, the Canadian Cattlemen’s Association, provincial cattle producers associations and provincial supervisory boards. Agriculture and Agri-Food Canada and provincial departments of Agriculture were also consulted and fully support this initiative.

Furthermore, specific industry stakeholder groups have been consulted through various mechanisms, including face-to-face meetings, pilot project activities and tabletop exercises, information sessions and direct mail consultations. The proposed structure has met with approval from all stakeholders.

The Canadian Meat Council and the Canadian Association of Importers and Exporters Inc. have indicated that they are satisfied that the Board of Directors makes decisions appropriate for the best use of the funds and that section 11 of the Proclamation should be revoked. The Canadian Association of Importers and Exporters Inc. and the Canadian Meat Council have been informed and are satisfied that all decisions on expenditures must reflect the Agency’s business plan, which is approved by the members of the Agency and reviewed by the Farm Products Council of Canada.

The proposed amendments were published in the Canada Gazette, Part I, on February 28, 2015, followed by a consultation period of 30 days. Comments were received from the Canadian Association of Regulated Importers (CARI) and the Canadian Association of Importers and Exporters (IE Canada). Comments focused on membership or representation on the beef agency board, collection of monies from beef and veal importers and maintaining a separate account for monies received from importers. These comments were addressed with the parties through separate teleconferences. Comments such as the collection of monies owing to the Agency from all Canadian beef and veal importers who fail to pay any import levy invoice was outside of the scope of the proposal. However, as a result of conversations with stakeholders, the FPCC will explore possible future amendments to the Canadian Beef Cattle Research, Market Development and Promotion Agency Proclamation. During the teleconferences, CARI and IE Canada indicated that they were satisfied with the positive outcome of the discussions and that they both support the amendments to the Canadian Beef Cattle Research, Market Development and Promotion Agency Proclamation. As a result, no changes were made to the proposed amendments following publication in the Canada Gazette, Part I.

“One-for-One” Rule

The “One-for-One” Rule does not apply to this proposal, as there are no administrative costs to business.

Small business lens

The small business lens does not apply to this proposal, as there are no costs to small business.

Implementation, enforcement and service standards

The proposed amendments will come into force on the day on which they are registered.

The enforcement of any provisions in these amendments is the responsibility of the Canadian Beef Cattle Research, Market Development and Promotion Agency as monitored by the National Farm Products Council.

Key stakeholders

The key stakeholders are beef producers, provincial cattle associations, the Canadian Meat Council, the Canadian Association of Importers and Exporters Inc., the Government of Canada and the Canadian Beef Cattle Research, Market Development and Promotion Agency.

Contacts

Marc Chamaillard
Director
Corporate and Regulatory Affairs
Farm Products Council of Canada
Building 59
960 Carling Avenue
Ottawa, Ontario
K1A 0C6
Telephone: 613-759-1706
Email: marc.chamaillard@agr.gc.ca

Pierre Bigras
Manager
Regulatory Affairs
Farm Products Council of Canada
Building 59
960 Carling Avenue
Ottawa, Ontario
K1A 0C6
Telephone: 613-759-1712
Email: pierre.bigras@agr.gc.ca

• Footnote 1
  SOR/2002-48