Canadian Pork Promotion-Research Agency Proclamation: SOR/2020-282

Canada Gazette, Part II, Volume 155, Number 1

Registration

SOR/2020-282 December 16, 2020

FARM PRODUCTS AGENCIES ACT

Canadian Pork Promotion-Research Agency Proclamation

Julie Payette

[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.

Nathalie G. Drouin
Deputy Attorney General

Great Seal of Canada

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

GREETING:

A Proclamation

Whereas subsection 39(1) ^{footnote a} of the Farm Products Agencies Act ^{footnote 1} provides that the Governor in Council may, by proclamation, establish a promotion and 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;

And whereas the Governor in Council is satisfied that a majority of the aggregate of the producers and importers of hogs and pork products in Canada is in favour of the establishment of a promotion and research agency;

Now Know You that We, by and with the advice of Our Privy Council for Canada and pursuant to Order in Council P.C. 2020-844 of October 30, 2020, do by this Our Proclamation

• (a) establish a promotion and research agency, known as the Canadian Pork Promotion-Research Agency, consisting of 12 members appointed in the manner and for the term as set out in the annexed schedule;
• (b) specify that the manner of designation of the chair and vice-chair of the Canadian Pork Promotion-Research Agency, the manner of appointment and term of temporary substitute members of the Agency and the place within Canada where its head office is to be situated are as set out in the annexed schedule;
• (c) designate that the farm products in relation to which the Canadian Pork Promotion-Research Agency may exercise its powers are hogs and pork products as defined in the annexed schedule; and
• (d) specify that the terms of the promotion and research plan that the Canadian Pork Promotion-Research Agency is empowered to implement are as set out in the annexed schedule;

And Know You further that this Proclamation may be cited as the Canadian Pork Promotion-Research Agency Proclamation.

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 Julie Payette, 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-fifth day of November in the year of Our Lord two thousand and twenty and in the sixty-ninth year of Our Reign.

BY COMMAND,

Simon Kennedy
Deputy Registrar General of Canada

Canadian Pork Promotion-Research Agency Proclamation

SCHEDULE

Interpretation

1 The following definitions apply in this schedule.

Act

means the Farm Products Agencies Act. (Loi)

Agency

means the Canadian Pork Promotion-Research Agency established by this Proclamation. (Office)

hog

means a live, domesticated pig that is marketed for the production of pork product. (porc)

marketing,

in relation to a hog or a pork product, means selling and offering for sale and buying, pricing, assembling, packing, processing, transporting, storing and any other act necessary to prepare a farm product in a form or to make it available at a place and time for purchase for consumption or use. (commercialisation)

plan

means the promotion-research plan the terms of which are set out in Part 2. (plan)

pork product

means an edible product made in whole or in part from a hog. (produit du porc)

provincial pork association

in respect of the following, means:

• (a) for Ontario, Ontario Pork Producers’ Marketing Board;
• (b) for Quebec, Les éleveurs de porcs du Québec;
• (c) for Nova Scotia, Pork Nova Scotia;
• (d) for New Brunswick, Porc NB Pork;
• (e) for Manitoba, the Manitoba Pork Council;
• (f) for British Columbia, the British Columbia Hog Marketing Commission;
• (g) for Prince Edward Island, the Prince Edward Island Hog Commodity Marketing Board;
• (h) for Saskatchewan, the Saskatchewan Pork Development Board; and
• (i) for Alberta, the Alberta Pork Producers Development Corporation (Alberta Pork). (association provinciale de producteurs de porcs)

PART 1

Agency

2 The 12 members of the Agency must be elected by the delegates at the Agency’s Annual General Meeting in the following manner:

• (a) one member from each of the following provinces must be elected from among the candidates who are nominated by the provincial pork association to represent the primary producers:
  • (i) Ontario,
  • (ii) Quebec,
  • (iii) Nova Scotia,
  • (iv) New Brunswick,
  • (v) Manitoba,
  • (vi) British Columbia,
  • (vii) Prince Edward Island,
  • (viii) Saskatchewan, and
  • (ix) Alberta;
• (b) one member must be elected to represent importers from among the candidates who submit their application to the Agency and who are able to demonstrate that they imported hogs or pork products in the previous calendar year, and
• (c) two members must be elected from among the candidates directly involved in the work of the Agency who submit their application to the Agency, but if no applications are made, the Agency or members of the Agency may invite qualified individuals from other segments of the pork value chain such as retail, restaurant and other food service, processing and research to submit their applications.

3 A member holds office for a one-year term beginning at the close of the annual general meeting at which the member is elected.

4 (1) If a member who is elected under paragraph 2(a) resigns, is removed from office or dies, the association that nominated the member is to appoint a temporary substitute member to hold office until the next annual general meeting. If the temporary substitute member is unable to act, the association is to appoint a replacement to act during that period.

(2) If a member who is elected under paragraph 2(b) or (c) resigns, is removed from office or dies, the Agency is to appoint a temporary substitute member to hold office until the next annual general meeting. If the temporary substitute member is unable to act, the Agency is to appoint a replacement to act during that period.

5 (1) The members of the Agency are, at their first meeting and subsequently at the first meeting after each annual general meeting, to elect from among themselves a chair and a vice-chair.

(2) If the chair or vice-chair resigns their office, ceases to be a member of the Agency or dies, the members of the Agency are, at their next meeting, to elect from among themselves a new chair or vice-chair, as the case may be, to hold office for the balance of the term.

6 The head office of the Agency is to be situated in the city of Ottawa, in Ontario.

PART 2

Terms of the Plan

Promotion and Research

7 The Agency is authorized to

• (a) promote the marketing and production of hogs and pork products for interprovincial, export and import trade; and
• (b) conduct and promote research activities related to those farm products

Budget and Business Program

8 The Agency must submit an annual budget to the Council for approval setting out the costs of the proposed business and activities of the Agency for a 12-month period, a business program that includes a detailed description of that business and those activities, and all relevant information to enable the Council to determine if

• (a) the proposed business and activities of the Agency are consistent with section 7 and with the object of the Agency as described in section 41 of the Act; and
• (b) any existing or proposed orders referred to in subsection 9(1) are necessary for the implementation or the administration of the plan.

Levies and Charges

9 (1) For the purpose of implementation and administration of the plan, the Agency may, by order, impose levies or charges on persons who are engaged in

• (a) the marketing of hogs in interprovincial or export trade; and
• (b) the importation of hogs or pork products into Canada.

(2) An order may designate any class of persons , specify the levies or charges, if any, payable by any person of each such class and provide for the manner of collection of the levies or charges.

(3) The Agency must retain moneys received from the levies or charges imposed on persons who are engaged in the importation of hogs and pork products into Canada in a separate account.

(4) Levies or charges imposed by order of the Agency that are unpaid 30 days after the date they are due become a debt payable to the Agency

(5) The Agency may, with the concurrence of a provincial pork association, appoint that association or any other person to collect on the Agency’s behalf the levies or charges imposed by order.

(6) Levies or charges referred to in paragraphs (1)(a) and (b) must be fixed at levels that will produce in each year a sufficient return to the Agency to defray its estimated administrative and business program costs for the current year.

Cooperation

10 The Agency must take all reasonable steps to promote a high degree of cooperation among its members, each provincial pork association and importers of hogs and pork products into Canada.

Review of the Plan

11 (1) The Agency must hold a meeting within five years after the day on which this Proclamation comes into force, and every five years after that, for the purpose of reviewing the terms and effectiveness of the plan and determining whether any modifications are required to facilitate the carrying out of the Agency’s object as described in section 41 of the Act.

(2) Within three months after the day on which the meeting referred to in subsection (1) takes place, the Agency must file a written report of its review and any recommendations for modifications with the Council.

Section 42 of the Act — Powers

12 Nothing in this Part affects the vesting of the powers in the Agency set out in section 42 of the Act.