Vol. 150, No. 18 — September 7, 2016
Registration
SOR/2016-236 August 17, 2016
FARM PRODUCTS AGENCIES ACT
Beef Cattle Research, Market Development and Promotion Levies Order
Whereas the Governor in Council has, by the Canadian Beef Cattle Research, Market Development and Promotion Agency Proclamation (see footnote a), established the Canadian Beef Cattle Research, Market Development and Promotion Agency pursuant to subsection 39(1) (see footnote b) of the Farm Products Agencies Act (see footnote c);
Whereas that Agency has been empowered to implement a promotion and research plan pursuant to that Proclamation;
Whereas the proposed Beef Cattle Research, Market Development and Promotion 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 42(1)(d) (see footnote f) of that Act;
And whereas, pursuant to paragraph 7(1)(d) (see footnote g) 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 Beef Cattle Research, Market Development and Promotion Agency, pursuant to paragraphs 42(1)(d) (see footnote h) and (e) (see footnote i) of the Farm Products Agencies Act (see footnote j) and section 10 of the schedule to the Canadian Beef Cattle Research, Market Development and Promotion Agency Proclamation (see footnote k), makes the annexed Beef Cattle Research, Market Development and Promotion Levies Order.
Calgary, August 9, 2016
Beef Cattle Research, Market Development and Promotion Levies Order
Interpretation
Definitions
1 The following definitions apply in this Order.
bob calf means any calf other than a feeder calf, a grain-fed calf or a milk-fed calf. (jeune veau)
cull cow means any dairy or beef cow, heifer or bull that has been culled and that is marketed for slaughter. (vache de réforme)
dealer means a person who acts as an agent in the buying or selling of beef cattle and includes auctioneers and auction markets. (négociant)
feeder calf means any beef breed or cross-bred calf that is marketed for the purpose of finishing before slaughter and that has a live weight of at least 135 kg. (veau d’embouche)
grain-fed calf means any calf that is fed mainly grain, that is raised in confinement in buildings designed for such cattle production and that has a live weight before slaughter of 135 to 297 kg. (veau de grain)
imported beef product means a beef 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 de bœuf importé)
importer means any person who imports beef cattle or beef products into Canada. (importateur)
milk-fed calf means any milk-fed calf that is raised in confinement, starting at a weight of under 68 kg, in buildings designed for such cattle production and that has a live weight before slaughter of 135 to 275 kg. (veau de lait)
Definition of collector
2 (1) Subject to subsection (2), in this Order, collector means,
- (a) in Ontario, the Beef Farmers of Ontario;
- (b) in Quebec, the Fédération des producteurs de bovins du Québec;
- (c) in Nova Scotia, the Nova Scotia Cattle Producers;
- (d) in New Brunswick, the New Brunswick Cattle Producers;
- (e) in Manitoba, the Manitoba Cattle Producers Association;
- (f) in British Columbia, the Cattle Industry Development Council;
- (g) in Prince Edward Island, the Prince Edward Island Cattle Producers;
- (h) in Saskatchewan, the Saskatchewan Cattlemen’s Association;
- (i) in Alberta, the Alberta Beef Producers; and
- (j) in Newfoundland and Labrador, the Newfoundland and Labrador Cattlemen’s Association.
Other collector
(2) If the Agency appoints a person under subsection 10(5) of the schedule to the Canadian Beef Cattle Research, Market Development and Promotion Agency Proclamation, other than a person referred to in subsection (1), to collect on the Agency’s behalf the levies imposed by this Order for a province, that person is, for the purposes of this Order, the collector for that province.
Interprovincial Trade
Interpretation
3 For the purposes of sections 5 and 7 to 9 and subsection 11(3), if a dealer is involved in the purchase or sale of beef cattle, the reference to “purchaser” must be read as a reference to “dealer”. If more than one dealer is involved in the purchase or sale, the reference is to the dealer who first receives payment of the purchase price.
Levy amount
4 Subject to section 5, a resident of a province set out in column 1 of the table to this section who sells beef cattle in interprovincial trade must pay to the Agency, for each head of beef cattle sold, a levy in the amount set out in column 2.
TABLE
| Item |
Column 1 |
Column 2 |
|---|---|---|
1 |
Ontario |
4.00 |
2 |
Quebec
|
|
3 |
Nova Scotia |
3.00 |
4 |
New Brunswick |
3.00 |
5 |
Manitoba |
4.00 |
6 |
British Columbia |
3.00 |
7 |
Prince Edward Island |
4.00 |
8 |
Saskatchewan |
3.00 |
9 |
Alberta |
3.00 |
10 |
Newfoundland and Labrador |
1.00 |
Levy amount — special circumstances
5 (1) If the purchaser is a resident of a province set out in column 1 of the table to this subsection and the payment of the purchase price is made in that province, the levy is the amount set out in column 2.
TABLE
| Item |
Column 1 |
Column 2 |
|---|---|---|
1 |
British Columbia |
3.00 |
2 |
Saskatchewan |
3.00 |
3 |
Alberta |
3.00 |
Quebec residents — sellers
(2) If the seller is a resident of Quebec, subsection (1) applies only when they sell bob calves or cull cows.
Payment of levies
6 All levies must be paid to the Agency through a collector.
Deduction of levy by purchaser
7 The purchaser must deduct the levy payable from the purchase price and remit it to the collector for the purchaser’s province of residence.
Document
8 The purchaser must, at the time of the sale, provide the seller with a document setting out the purchase price and the amount of the levy deducted.
Remittance and information
9 The purchaser must remit the levy to the collector within the period established by the laws of the purchaser’s province of residence for remitting levies payable on sales of beef cattle, together with a statement in a form established by the Agency that sets out the following information:
- (a) the purchaser’s name, mailing address, telephone number and, if available, email address and fax number;
- (b) the number of head of beef cattle purchased, broken down by the seller’s province of residence;
- (c) the amount of levies deducted and remitted, broken down by the seller’s province of residence and, in the case of a sale by a resident of Quebec, by the type of beef cattle; and
- (d) when required to be provided under the laws of the purchaser’s province of residence, the name, mailing address, telephone number and, if available, email address and fax number of each person who sold beef cattle to them if a levy was deducted from the purchase price of those cattle during the reporting period.
Records
10 Every seller, purchaser and dealer who is subject to this Order must
- (a) keep all records relating to the sale – including the records necessary to verify any of the statements provided to the Agency and the amounts of levies paid – for a period of seven years after the date on which the beef cattle were sold; and
- (b) make those records available for examination by the Agency.
Payment by seller not required
11 (1) If a levy is deducted under this Order from the purchase price, the seller is not required to pay the levy to the Agency.
Proof
(2) At the request of the Agency, the seller must prove that the levy payable under this Order has been deducted.
Failure to deduct levy
(3) If a purchaser fails to deduct the levy as required by section 7, the seller must remit the levy payable in respect of the sale to the Agency within 90 days after the date of the sale.
Import
Importer’s levy
12 (1) Each importer must pay to the Agency, for each head of beef cattle imported or each imported beef product, a levy in the amount set out in Schedule 1.
Date and method of payment
(2) The levy must be paid by negotiable instrument in Canadian dollars and by the 15th day of the month after the month in which the beef cattle or beef products were imported.
Statement
(3) The importer must include with payment of the levy a statement that sets out the following information:
- (a) the importer’s name, mailing address, telephone number and, if available, email address and fax number;
- (b) the number of head of beef cattle imported, broken down by delivery destination;
- (c) the number of kilograms of imported beef products, broken down by Customs Tariff tariff item number, as set out in Schedule 2;
- (d) the amount of the levy paid to the Agency, broken down between beef cattle and imported beef products; and
- (e) the date on which the levy was paid.
Refund
13 The Agency must refund a levy paid by an importer if the importer proves to the satisfaction of the Agency that the levy was not required to be paid under subsection 12(1) or that the levy paid was more than $1.00 per head of beef cattle or per carcass equivalent of imported beef products.
Records
14 Every importer who is subject to this Order must
- (a) keep all records relating to the importation – including the records necessary to verify any of the statements provided to the Agency and the amounts of levies paid – for a period of seven years after the date on which the beef cattle or beef products were imported; and
- (b) make those records available for examination by the Agency.
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 and research plan required under section 13 of the schedule to the Canadian Beef Cattle Research, Market Development and Promotion Agency Proclamation.
Cessation of effect
16 Section 4 and subsections 5(1) and 12(1) cease to have effect on September 28, 2017.
Repeal
17 The Beef Cattle Research, Market Development and Promotion Levies Order (see footnote 1) is repealed.
Coming into Force
Registration
18 This Order comes into force on the day on which it is registered.
SCHEDULE 1
(Subsection 12(1))
LEVY PAYABLE BY IMPORTER
| Column 1 |
Column 2 |
|---|---|
Head of beef cattle imported |
1.00 |
Imported beef product |
The amount determined by the formula A × B where
|
SCHEDULE 2
(Section 1, paragraph 12(3)(c), Schedule 1)
TARIFF ITEM NUMBERS AND RELATED LEVIES FOR IMPORTED BEEF PRODUCTS
| Column 1 |
Column 2 |
Column 3 |
Column 4 |
|---|---|---|---|
Meat of bovine animals, fresh or chilled – 02.01 |
|||
Carcasses and half-carcasses – 0201.10 |
|||
0201.10.1010 |
Veal, carcasses and half-carcasses, fresh or chilled, within access commitment |
0.662 |
1.459542 |
0201.10.1090 |
Bovine carcasses and half-carcasses (excluding veal), fresh or chilled, within access commitment |
0.172 |
0.379102 |
0201.10.2010 |
Veal, carcasses and half-carcasses, fresh or chilled, over access commitment |
0.662 |
1.459542 |
0201.10.2090 |
Bovine carcasses and half-carcasses (excluding veal), fresh or chilled, over access commitment |
0.172 |
0.379102 |
Other cuts with bone in – 0201.20 |
|||
0201.20.1010 |
Veal cuts, bone in, fresh or chilled, within access commitment |
0.172 |
0.379102 |
0201.20.1080 |
Meat of bovine animals, fresh or chilled - Other cuts with bone in - Other, processed, within access commitment |
0.241 |
0.530743 |
0201.20.1091 |
Bovine rib cuts (excluding processed and veal), bone in, fresh or chilled, within access commitment |
0.172 |
0.379102 |
0201.20.1092 |
Bovine hip cuts (excluding processed and veal), bone in, fresh or chilled, within access commitment |
0.172 |
0.379102 |
0201.20.1093 |
Bovine loin cuts (excluding processed and veal), bone in, fresh or chilled, within access commitment |
0.172 |
0.379102 |
0201.20.1099 |
Bovine cuts (excluding processed and veal), bone in, fresh or chilled, not elsewhere specified, within access commitment |
0.172 |
0.379102 |
0201.20.2010 |
Veal cuts, bone in, fresh or chilled, over access commitment |
0.172 |
0.379102 |
0201.20.2080 |
Meat of bovine animals, fresh or chilled - Other cuts with bone in - Other, processed, over access commitment |
0.241 |
0.530743 |
0201.20.2091 |
Bovine rib cuts (excluding processed and veal), bone in, fresh or chilled, over access commitment |
0.172 |
0.379102 |
0201.20.2092 |
Bovine hip cuts (excluding processed and veal), bone in, fresh or chilled, over access commitment |
0.172 |
0.379102 |
0201.20.2093 |
Bovine loin cuts (excluding processed and veal), bone in, fresh or chilled, over access commitment |
0.172 |
0.379102 |
0201.20.2099 |
Bovine cuts (excluding processed and veal), bone in, fresh or chilled, not elsewhere specified, over access commitment |
0.172 |
0.379102 |
Boneless – 0201.30 |
|||
0201.30.1010 |
Veal cuts, boneless, fresh or chilled, within access commitment |
0.232 |
0.511787 |
0201.30.1080 |
Meat of bovine animals, fresh or chilled - Boneless - Other, processed, within access commitment |
0.241 |
0.530743 |
0201.30.1091 |
Bovine brisket cuts (excluding processed and veal), boneless, fresh or chilled, within access commitment |
0.172 |
0.379102 |
0201.30.1092 |
Bovine chuck cuts (excluding processed and veal), boneless, fresh or chilled, within access commitment |
0.172 |
0.379102 |
0201.30.1093 |
Bovine rib cuts (excluding processed and veal), boneless, fresh or chilled, within access commitment |
0.172 |
0.379102 |
0201.30.1094 |
Bovine hip cuts (excluding processed and veal), boneless, fresh or chilled, within access commitment |
0.172 |
0.379102 |
0201.30.1095 |
Bovine loin cuts (excluding processed and veal), boneless, fresh or chilled, within access commitment |
0.172 |
0.379102 |
0201.30.1096 |
Meat of bovine animals, fresh or chilled - Boneless - Other - Forequarter, within access commitment |
0.172 |
0.379102 |
0201.30.1097 |
Meat of bovine animals, fresh or chilled - Boneless - Other - Hindquarter, within access commitment |
0.172 |
0.379102 |
0201.30.1099 |
Bovine cuts (excluding processed and veal), boneless, fresh or chilled, not elsewhere specified, within access commitment |
0.172 |
0.379102 |
0201.30.2010 |
Veal cuts, boneless, fresh or chilled, over access commitment |
0.232 |
0.511787 |
0201.30.2060 |
Meat of bovine animals, fresh or chilled - Boneless - Other, processed, over access commitment |
0.241 |
0.530743 |
0201.30.2070 |
Meat of bovine animals, fresh or chilled - Boneless - Other - Forequarter, over access commitment |
0.232 |
0.511787 |
0201.30.2080 |
Meat of bovine animals, fresh or chilled - Boneless - Other- Hindquarter, over access commitment |
0.232 |
0.511787 |
0201.30.2091 |
Bovine brisket cuts (excluding processed and veal), boneless, fresh or chilled, over access commitment |
0.232 |
0.511787 |
0201.30.2092 |
Bovine chuck cuts (excluding processed and veal), boneless, fresh or chilled, over access commitment |
0.232 |
0.511787 |
0201.30.2093 |
Bovine rib cuts (excluding processed and veal), boneless, fresh or chilled, over access commitment |
0.232 |
0.511787 |
0201.30.2094 |
Bovine hip cuts (excluding processed and veal), boneless, fresh or chilled, over access commitment |
0.232 |
0.511787 |
0201.30.2095 |
Bovine loin cuts (excluding processed and veal), boneless, fresh or chilled, over access commitment |
0.232 |
0.511787 |
0201.30.2099 |
Bovine cuts (excluding processed and veal), boneless, fresh or chilled, not elsewhere specified, over access commitment |
0.232 |
0.511787 |
Meat of bovine animals, frozen – 02.02 |
|||
Carcasses and half-carcasses – 0202.10 |
|||
0202.10.1010 |
Veal, carcasses and half-carcasses, frozen, within access commitment |
0.662 |
1.459542 |
0202.10.1090 |
Bovine carcasses and half-carcasses (excluding veal), frozen, within access commitment |
0.172 |
0.379102 |
0202.10.2010 |
Veal, carcasses and half-carcasses, frozen, over access commitment |
0.662 |
1.459542 |
0202.10.2090 |
Bovine carcasses and half-carcasses (excluding veal), frozen, over access commitment |
0.172 |
0.379102 |
Other cuts with bone in – 0202.20 |
|||
0202.20.1010 |
Veal cuts, bone in, frozen, within access commitment |
0.172 |
0.379102 |
0202.20.1080 |
Meat of bovine animals, frozen - Other cuts with bone in - Other, processed - within access commitment |
0.241 |
0.530743 |
0202.20.1091 |
Bovine rib cuts (excluding processed and veal), bone in, frozen, within access commitment |
0.172 |
0.379102 |
0202.20.1092 |
Bovine hip cuts (excluding processed and veal), bone in, frozen, within access commitment |
0.172 |
0.379102 |
0202.20.1093 |
Bovine loin cuts (excluding processed and veal), bone in, frozen, within access commitment |
0.172 |
0.379102 |
0202.20.1099 |
Bovine cuts (excluding processed and veal), bone in, frozen, not elsewhere specified, within access commitment |
0.172 |
0.379102 |
0202.20.2010 |
Veal cuts, bone in, frozen, over access commitment |
0.172 |
0.379102 |
0202.20.2080 |
Meat of bovine animals, frozen - Other cuts with bone in - Other, processed - over access commitment |
0.241 |
0.530743 |
0202.20.2091 |
Bovine rib cuts (excluding processed and veal), bone in, frozen, over access commitment |
0.172 |
0.379102 |
0202.20.2092 |
Bovine hip cuts (excluding processed and veal), bone in, frozen, over access commitment |
0.172 |
0.379102 |
0202.20.2093 |
Bovine loin cuts (excluding processed and veal), bone in, frozen, over access commitment |
0.172 |
0.379102 |
0202.20.2099 |
Bovine cuts (excluding processed and veal), bone in, frozen, not elsewhere specified, over access commitment |
0.172 |
0.379102 |
Boneless – 0202.30 |
|||
0202.30.1010 |
Veal cuts, boneless, frozen, within access commitment |
0.172 |
0.379102 |
0202.30.1070 |
Meat of bovine animals, frozen - Boneless - Other, processed, within access commitment |
0.241 |
0.530743 |
0202.30.1081 |
Meat of bovine animals, frozen - Boneless - Other, quarters - Forequarter, within access commitment |
0.239 |
0.527837 |
0202.30.1082 |
Meat of bovine animals, frozen - Boneless - Other, quarters - Hindquarter, within access commitment |
0.239 |
0.527837 |
0202.30.1091 |
Bovine brisket cuts (excluding processed and veal) boneless, frozen, within access commitment |
0.239 |
0.527837 |
0202.30.1092 |
Bovine chuck cuts (excluding processed and veal), boneless, frozen, within access commitment |
0.239 |
0.527837 |
0202.30.1093 |
Bovine rib cuts (excluding processed and veal), boneless, frozen, within access commitment |
0.239 |
0.527837 |
0202.30.1094 |
Bovine flank cuts (excluding processed and veal), boneless, frozen, within access commitment |
0.239 |
0.527837 |
0202.30.1095 |
Bovine eye of round, outside round, inside round, outside flat and sirloin tip (excluding processed and veal), boneless, frozen, within access commitment |
0.239 |
0.527837 |
0202.30.1096 |
Bovine hip cuts (excluding processed and veal), boneless, frozen, not elsewhere specified, within access commitment |
0.239 |
0.527837 |
0202.30.1097 |
Bovine loin cuts (excluding processed and veal), boneless, frozen, within access commitment |
0.239 |
0.527837 |
0202.30.1099 |
Bovine cuts (excluding processed and veal), boneless, frozen, not elsewhere specified, within access commitment |
0.239 |
0.527837 |
0202.30.2010 |
Veal cuts, boneless, frozen, over access commitment |
0.172 |
0.379102 |
0202.30.2060 |
Meat of bovine animals, frozen - Boneless - Other, processed, over access commitment |
0.241 |
0.530743 |
0202.30.2070 |
Meat of bovine animals, frozen - Boneless - Other - Forequarter, over access commitment |
0.232 |
0.511787 |
0202.30.2080 |
Meat of bovine animals, frozen - Boneless - Other - Hindquarter, over access commitment |
0.232 |
0.511787 |
0202.30.2091 |
Bovine brisket cuts (excluding processed and veal), boneless, frozen, over access commitment |
0.232 |
0.511787 |
0202.30.2092 |
Bovine chuck cuts (excluding processed and veal), boneless, frozen, over access commitment |
0.232 |
0.511787 |
0202.30.2093 |
Bovine rib cuts (excluding processed and veal), boneless, frozen, over access commitment |
0.232 |
0.511787 |
0202.30.2094 |
Bovine flank cuts (excluding processed and veal), boneless, frozen, over access commitment |
0.232 |
0.511787 |
0202.30.2095 |
Bovine eye of round, outside round, inside round, outside flat and sirloin tip (excluding processed and veal), boneless, frozen, over access commitment |
0.232 |
0.511787 |
0202.30.2096 |
Bovine hip cuts, boneless (excluding processed and veal), frozen, not elsewhere specified, over access commitment |
0.232 |
0.511787 |
0202.30.2097 |
Bovine loin cuts (excluding processed and veal), boneless, frozen, over access commitment |
0.232 |
0.511787 |
0202.30.2099 |
Bovine cuts (excluding processed and veal), boneless, frozen, not elsewhere specified, over access commitment |
0.232 |
0.511787 |
Edible offal, fresh, chilled or frozen – 02.06 |
|||
Of bovine animals |
|||
0206.10.0000 |
Bovine edible offal, fresh or chilled |
0.172 |
0.379102 |
0206.21.0000 |
Bovine edible offal, tongues, frozen |
0.172 |
0.379102 |
0206.22.0000 |
Bovine edible offal, livers, frozen |
0.172 |
0.379102 |
0206.29.0000 |
Bovine edible offal, frozen, not elsewhere specified |
0.172 |
0.379102 |
Meat and edible meat offal, salted, in brine, dried or smoked – 02.10 |
|||
0210.20.0000 |
Bovine Meat, salted, in brine, dried or smoked |
0.279 |
0.615701 |
Other prepared or preserved meat, meat offal or blood – 16.02 |
|||
Of bovine animals – 1602.50 |
|||
1602.50.1010 |
Stews of bovine animals |
0.318 |
0.701388 |
1602.50.1090 |
Prepared meals of bovine animals, excluding stews |
0.318 |
0.701388 |
1602.50.9110 |
Luncheon meat of bovine animals, in cans or glass jars |
0.318 |
0.701388 |
1602.50.9120 |
Corned beef, in cans or glass jars |
0.301 |
0.663428 |
1602.50.9190 |
Bovine meat and meat offal, excluding livers, in cans or glass jars, not elsewhere specified |
0.318 |
0.701388 |
1602.50.9900 |
Bovine meat and meat offal , excluding livers, prepared or in cans, not elsewhere specified |
0.327 |
0.720293 |
EXPLANATORY NOTE
(This note is not part of the Order.)
This Order establishes the levy to be paid to the Canadian Beef Cattle Research, Market Development and Promotion Agency by persons who sell beef cattle in interprovincial trade and also establishes the levy to be paid for the import of beef cattle and beef products.
- Footnote a
SOR/2002-48 - Footnote b
S.C. 1993, c. 3, s. 12 - Footnote c
R.S., c. F-4; S.C. 1993, c. 3, s. 2 - Footnote d
S.C. 1993, c. 3, s. 7(2) - Footnote e
C.R.C., c. 648 - Footnote f
S.C. 1993, c. 3, s. 12 - Footnote g
S.C. 1993, c. 3, s. 7(2) - Footnote h
S.C. 1993, c. 3, s. 12 - Footnote i
S.C. 1993, c. 3, s. 12 - Footnote j
R.S., c. F-4; S.C. 1993, c. 3, s. 2 - Footnote k
SOR/2002-48 - Footnote 1
SOR/2010-158