Canada Turkey Marketing Levies Order (2019): SOR/2019-54

Canada Gazette, Part II, Volume 153, Number 6

Registration

SOR/2019-54 March 1, 2019

FARM PRODUCTS AGENCIES ACT

Whereas the Governor in Council has, by the Canadian Turkey Marketing Agency Proclamation footnote a, established the Canadian Turkey Marketing Agency pursuant to subsection 16(1) footnote b of the Farm Products Agencies Act footnote c;

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

Whereas the annexed proposed Canada Turkey Marketing Levies Order (2019) 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 22(1)(f) 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 the proposed Order is necessary for the implementation of the marketing plan that the Agency is authorized to implement;

Therefore, the Canadian Turkey Marketing Agency, pursuant to paragraphs 22(1)(f) and (g) footnote f of the Farm Products Agencies Act footnote c and section 10 of Part II of the schedule to the Canadian Turkey Marketing Agency Proclamation footnote a, makes the annexed Canada Turkey Marketing Levies Order (2019).

Mississauga, February 27, 2019

Canada Turkey Marketing Levies Order (2019)

Interpretation

Definitions

1 The following definitions apply in this Order.

processor means any person who, in the regulated area, is engaged in the slaughtering of turkeys. (transformateur)

producer means any person who, in the regulated area, is engaged in the production of turkeys. (producteur)

turkey means a turkey of any variety, grade or class. (dindon)

Producer Levies

Amount of levies

2 Each producer who is in the regulated area must pay, on each kilogram live weight of turkey that they market in inter-provincial or export trade, the following levies:

Remittance of levies

3 (1) In the case of a producer who markets turkeys to a person who is not a processor, the producer must remit the levies referred to in section 2 to the Commodity Board of the relevant province no later than 60 days after the last day of the month in which the producer markets the turkeys.

Remittance of levies — processor

(2) In the case of a producer who markets turkeys to a processor, the processor must deduct the levies from the total amount they pay the producer for the turkeys and remit the levies to the Commodity Board of the relevant province no later than 60 days after the last day of the month in which the producer markets the turkeys.

Processor Levy

Amount of levy

4 Each processor who is in a province set out in column 1 of Schedule 2 and who slaughters turkeys marketed to them by a producer must pay, on each kilogram live weight of turkey that they market in interprovincial or export trade, the marketing levy set out in column 3.

Remittance of levy

5 Each processor must remit the levy referred to in section 4 to the Commodity Board of the relevant province no later than 60 days after the last day of the month in which the processor markets the turkeys.

Commodity Boards

Collection on behalf of the Agency

6 The Agency, under subsection 10(4) of Part II of the schedule to the Canadian Turkey Marketing Agency Proclamation, appoints the Commodity Boards for the regulated area, with their respective concurrence, to collect, on behalf of the Agency, the levies imposed by this Order on producers and processors.

Remittance — concurrence

7 (1) If a province’s Commodity Board concurs, in accordance with section 6 with its appointment to collect levies, it must remit to the Agency all levies it collects under sections 3 and 5 no later than the last day of the month in which it collects them.

Remittance — without concurrence

(2) Despite sections 3 and 5, if a province’s Commodity Board does not concur with its appointment to collect levies, all producers and processors must remit to the Agency on the day that it directs the levies that must be paid under sections 2 and 4.

Expiration of Levies

Production

8 (1) Paragraph 2(a) ceases to have effect on March 31, 2020.

Marketing

(2) Paragraph 2(b) and section 4 cease to have effect on December 31, 2023.

Repeal

Repeal

9 The Canada Turkey Marketing Producers Levy Order footnote 1 is repealed.

Coming into Force

Registration

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

SCHEDULE 1

(Section 2)

Production Levies

Item

Column 1

Province

Column 2

Levy (cents / kg)

1

Ontario

4.80

2

Quebec

4.76

3

Nova Scotia

4.40

4

New Brunswick

3.00

5

Manitoba

4.50

6

British Columbia

4.00

7

Saskatchewan

4.70

8

Alberta

5.05

SCHEDULE 2

(Section 2 and 4)

Marketing Levies

Item

Column 1

Province

Column 2

Levy — Producers
(cents / kg)

Column 3

Levy — Processors
(cents / kg)

1

Ontario

1.25

1.25

2

Quebec

1.25

1.25

3

Nova Scotia

1.25

1.25

4

New Brunswick

1.25

1.25

5

Manitoba

1.25

1.25

6

British Columbia

1.25

1.25

7

Saskatchewan

1.25

1.25

8

Alberta

1.25

1.25

EXPLANATORY NOTE

(This note is not part of the Order.)

This Order establishes a levy system for the marketing of turkey in interprovincial and export trade.

This Order will also serve to repeal the Canada Turkey Marketing Producers Levy Order SOR/2002-142.