Vol. 149, No. 22 — November 4, 2015

Registration

SOR/2015-228 October 16, 2015

FARM PRODUCTS AGENCIES ACT

Order Amending the Canadian Chicken Marketing Levies Order

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);

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

Whereas the proposed Order Amending the Canadian Chicken Marketing Levies Order is an order of a class to which paragraph 7(1)(d) (see footnote d) of that Act applies by reason of section 2 of the Agencies’ Orders and Regulations Approval Order (see footnote e), and has been submitted to the National Farm Products Council pursuant to paragraph 22(1)(f) of that Act;

And whereas, pursuant to paragraph 7(1)(d) (see footnote f) 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 marketing plan that CFC is authorized to implement;

Therefore, Chicken Farmers of Canada, pursuant to paragraphs 22(1)(f) and (g) of the Farm Products Agencies Act (see footnote g) and section 12 (see footnote h) of the schedule to the Chicken Farmers of Canada Proclamation (see footnote i), makes the annexed Order Amending the Canadian Chicken Marketing Levies Order.

Ottawa, October 14, 2015

ORDER AMENDING THE CANADIAN CHICKEN MARKETING LEVIES ORDER

AMENDMENTS

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and “Provincial Commodity Board” in section 1 of the Canadian Chicken Marketing Levies Order (see footnote 1) are repealed.

(2) The definition “processor” in section 1 of the Order is replaced by the following:

“processor” means a person who is engaged in the business of processing and otherwise marketing chicken. (transformateur)

(3) The definition “négociant” in section 1 of the French version of the Order is replaced by the following:

« négociant » Personne autre qu’un transformateur ou un producteur qui achète des poulets vivants sur le marché interprovincial ou d’exportation. (dealer)

(4) Section 1 of the Order is amended by adding the following in alphabetical order:

“communal group”, in respect of

“communal group production quota” means a quota for the production or marketing of chicken granted to a communal group under a law of the Province in which it is situated. (contingent de production de ferme collective)

2. (1) Paragraphs 2(2)(a) to (c) of the Order are replaced by the following:

(2) Paragraphs 2(2)(h) and (i) of the Order are replaced by the following:

3. Section 7 of the English version of the Order is replaced by the following:

7. If a levy imposed under section 3 is to be collected by a processor or dealer under section 6, the processor or dealer must remit the levy to CFC, or to the Commodity Board or person authorized by CFC, not later than the Monday following the week in which the levy was collected under that section and, in any other case, the producer must remit the levy to CFC, or to the Commodity Board or person authorized by CFC, not later than two weeks after the sale of the live chicken in interprovincial or export trade.

4. Section 9 of the Order is repealed.

5. Subsection 10(1) of the Order is replaced by the following:

10. (1) CFC, having obtained the concurrence of each Commodity Board, appoints each Commodity Board to collect the levies payable under subsection 4(1) on behalf of CFC.

6. (1) Subsection 11.2(1) of the English version of the Order is replaced by the following:

11.2 (1) If the documents or information establish that the failure is due to an event described in subsection 11.1(2), CFC shall issue to the primary processor a notice that cancels the notice of assessment but if CFC finds that the event described in that subsection was the cause of the failure to market in respect of only a portion of the marketings that were not made in accordance with the conditions of licence, CFC shall revise the assessment and issue a final assessment determination.

(2) Subsection 11.2(2) of the Order is repealed.

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

COMING INTO FORCE

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

EXPLANATORY NOTE

(This note is not part of the Order.)

This Order amends the Canadian Chicken Marketing Levies Order to repeal the definitions of “CFC,” “chicken,” “marketing,” “producer” and “Provincial Commodity Board” in section 1.

The definition of “processor” in section 1 is replaced.

The definition of “négociant” in section 1 of the French version is replaced.

Section 1 of the Order is amended by adding in alphabetical order the definitions of “communal group” and “communal group production quota.”

Paragraphs 2(2)(a) to (c) and 2(2)(h) and (i) are replaced.

Section 7 of the English version is replaced.

Section 9 is repealed.

Subsection 11.2(1) of the English version is replaced.

Subsection 11.2(2) is repealed.

The English version is amended by replacing “Provincial Commodity Board” with “Commodity Board” in subsection 4(1), paragraph 5(1)(e) and subsection 10(2).