Canadian Pork Promotion-Research Levies Order: SOR/2021-217
Canada Gazette, Part II, Volume 155, Number 22
Registration
SOR/2021-217 October 8, 2021
FARM PRODUCTS AGENCIES ACT
Whereas the Governor in Council has, by the Canadian Pork Promotion-Research Agency Proclamation footnote a, established the Canadian Pork Promotion-Research Agency pursuant to subsection 39(1) footnote b of the Farm Products Agencies Act footnote c;
Whereas that Agency has been empowered to implement a promotion and research plan pursuant to that Proclamation;
Whereas the proposed Canadian Pork Promotion-Research Levies Order 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 42(1)(d)footnote b 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 it is necessary for the implementation of the promotion and research plan that that Agency is authorized to implement;
Therefore, the Canadian Pork Promotion-Research Agency, pursuant to paragraphs 42(1)(d)footnote b and (e)footnote b of the Farm Products Agencies Act footnote c and section 9 of the schedule to the Canadian Pork Promotion-Research Agency Proclamation footnote a, makes the annexed Canadian Pork Promotion-Research Levies Order.
Ottawa, October 8, 2021
Canadian Pork Promotion-Research Levies Order
Interpretation
Definitions
1 The following definitions apply in this Order.
- dealer
- means a person who acts as an agent in the buying or selling of hogs. (négociant)
- imported pork product
- means a pork 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 du porc importé)
- importer
- means any person who imports hogs or pork products into Canada. (importateur)
- processor
- means a person who processes hogs. (transformateur)
- producer
- means a person who produces hogs. (producteur)
- purchaser
- means a person who purchases hogs and includes a producer, a dealer and a processor. (acheteur)
- seller
- means a person who sells hogs and include a dealer and a producer. (vendeur)
Definition of collector
2 (1) Subject to subsection (2), in this Order, collector means
- (a) in Ontario, the Ontario Pork Producers’ Marketing Board;
- (b) in Quebec,Les Éleveurs de porcs du Québec;
- (c) in Nova Scotia, Pork Nova Scotia;
- (d) in New Brunswick, Porc NB Pork;
- (e) in Manitoba, the Manitoba Pork Council;
- (f) in British Columbia, the British Columbia Hog Marketing Commission;
- (g) in Prince Edward Island, the Prince Edward Island Hog Commodity Marketing Board;
- (h) in Saskatchewan, the Saskatchewan Pork Development Board; and
- (i) in Alberta, the Alberta Pork Producers’ Development Corporation.
Other collector
(2) If the Agency appoints a person under subsection 9(5) of the schedule to the Canadian Pork Promotion-Research Agency Proclamation, other than a collector referred to in subsection (1), to collect on the Agency’s behalf the levies and statements imposed by this Order for a province, that person is, for the purposes of this Order, one of the collectors for that province.
Dealer
3 If more than one dealer is involved in the purchase or sale of hogs, the reference to “purchaser” is to the dealer who first receives payment of the purchase price.
Interprovincial Trade
Levy amount — seller
4 (1) A seller who sells hogs in interprovincial trade must pay to the Agency, for each hog sold that was produced in a province set out in column 1 of the table to this subsection, a levy in the amount set out in column 2 for that province.
| Item | Column 1 Province where hog was produced |
Column 2 Levy ($) |
|---|---|---|
| 1 | Ontario | 0.95 |
| 2 | Nova Scotia | 2.00 |
| 3 | New Brunswick | 1.00 |
| 4 | Manitoba | 0.80 |
| 5 | British Columbia | 1.00 |
| 6 | Prince Edward Island | 1.23 |
| 7 | Saskatchewan | 0.85 |
| 8 | Alberta | 1.00 |
Levy amount — seller (Quebec)
(2) A seller who sells hogs in interprovincial trade that are produced in Quebec must pay to the Agency, for each hog sold, a levy in the amount of $1.274 per hundred kilogram dressed weight.
Levy amount — producer
(3) A producer who produces hogs in a province set out in column 1 of the table to subsection (1), but processes them in another province, must pay to the Agency, for each hog processed, a levy in the amount set out in column 2 for the province in which the hog was produced.
Levy amount — producer (Quebec)
(4) A producer who produces hogs in Quebec, but processes them in another province, must pay to the Agency, for each hog processed, a levy of $1.274 per hundred kilogram dressed weight.
Payment of levies — collector
5 (1) All levies referred to in section 4 must be paid or remitted, as the case may be, to the Agency through a collector in the province where the hogs were produced.
Statements — collector
(2) All statements referred to in section 8 and subsection 10(4) must be submitted to the Agency through a collector for the province where the hogs were produced.
Deduction of levy by purchaser
6 (1) The purchaser must deduct from the purchase price the levy payable under subsection 4(1) or (2), as the case may be, and remit it to the Agency on behalf of the seller.
Payment by processor
(2) The processor must pay the levy payable under subsection 4(3) or (4) as the case may be, to the Agency on behalf of the producer.
Document — purchaser
7 (1) At the time of the sale, the purchaser referred to in subsection 6(1), must provide the seller with a document setting out the purchase price and the amount of the levy deducted.
Document — processor
(2) At the time the hogs are processed, the processor referred to in subsection 6(2), must provide the producer with a document setting out the amount of the levy payable.
Time limit and information
8 The purchaser or the processor referred to in subsection 6(1) or (2) respectively, must remit or pay, as the case may be, the levy to the Agency within the period established by the laws of the collector’s province for remitting levies payable on the sale or processing of hogs in that province, together with a statement that sets out:
- (a) the name, mailing address, telephone number and, if available, email address of the purchaser or processor, as the case may be;
- (b) in the case of hogs produced in a province set out in column 1 of the table to subsection 4(1),
- (i) the number of hogs purchased or processed, as the case may be, and
- (ii) the amount of the levies remitted or paid, as the case may be;
- (c) in the case of hogs produced in Quebec,
- (i) the total number of kilograms purchased or processed, as the case may be, and
- (ii) the amount of the levies remitted or paid, as the case may be; and
- (d) the name, mailing address, telephone number and, if available, email address of
- (i) the seller, if a levy was deducted from the purchase price under subsection 6(1), or
- (ii) the producer, if a levy was paid under subsection 6(2).
Records
9 Every person referred to in sections 4 and 6 must
- (a) keep all records relating to the sale or processing of hogs, including the records necessary to verify any of the statements provided under section 8 and the amounts of levies paid, for a period of seven years after the day on which the hogs were sold or processed; and
- (b) at the request of the Agency, make those records available for examination by the Agency or the collector for the province in which the hogs were produced.
Proof
10 (1) At the request of the Agency, every person referred to in section 4 or 6 must prove that a levy payable under this Order has been
- (a) deducted and remitted under subsection 6(1); or
- (b) paid under subsection 6(2).
Failure to deduct levy
(2) If a purchaser does not deduct the levy as required by subsection 6(1), the seller must pay the levy payable in respect of the sale to the Agency.
Failure to pay levy
(3) If a processor does not pay the levy as required by subsection 6(2), the producer must pay the levy payable in respect of the processed hogs to the Agency.
Payment and information
(4) When paying the levy in accordance with subsection (2) or (3), the seller or the producer, as the case may be, must provide a statement to the Agency that sets out:
- (a) the name, mailing address, telephone number and, if available, email address of the seller or producer, as the case may be;
- (b) in the case of hogs produced in a province set out in column 1 of the table to subsection 4(1),
- (i) the number of hogs purchased or processed, as the case may be, and
- (ii) the amount of the levies paid; and
- (c) in the case of hogs produced in Quebec,
- (i) the total number of kilograms purchased or processed, as the case may be, and
- (ii) the amount of the levies paid.
Liability — purchaser and seller
11 (1) If the purchaser does not deduct the levy in accordance with subsection 6(1) and the seller does not pay the levy in accordance with subsection 10(2), the purchaser and the seller are jointly and severally, or solidarily liable for the levy that is payable to the Agency.
Liability — processor and producer
(2) If the processor does not pay the levy in accordance with subsection 6(2) and the producer does not pay the levy in accordance with subsection 10(3), the producer and the processor are jointly and severally, or solidarily liable for the levy payable to the Agency.
Import
Levy — importer
12 Each importer must pay to the Agency, for each imported hog or pork product, a levy in the amount set out in Schedule 1.
Method of payment and time limit
13 (1) A levy referred to under section 12 must be paid to the Agency by negotiable instrument in Canadian dollars or its equivalent in United States dollars within 21 days after the date indicated on the invoice sent by the Agency.
Invoice
(2) An invoice referred to in subsection (1) must include:
- (a) the importer’s name and mailing address;
- (b) the number of hogs imported, if applicable;
- (c) the number of kilograms of imported pork products, if applicable, broken down by the applicable Customs Tariff tariff item number, as set out in Schedule 2; and
- (d) the amount of the levy to be paid to the Agency.
Records
14 Every importer must
- (a) keep all records relating to the import — including the records necessary to verify the information on the invoices sent by the Agency and the amounts of levies paid — for a period of seven years after the day on which the hogs or pork products were imported; and
- (b) make those records available for examination by the Agency on request.
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–research plan required under subsection 11(1) of the schedule to the Canadian Pork Promotion-Research Agency Proclamation.
Cessation of effect
16 Sections 4 and 12 cease to have effect on June 30, 2022.
Coming into Force
Registration
17 This Order comes into force on the day on which it is registered.
SCHEDULE 1
(Section 12)
| Column 1 Item |
Column 2 Levy ($) |
|---|---|
| Imported hog | 0.80 per hog |
| Imported pork product | The amount determined by the formula
|
SCHEDULE 2
(Section 1, paragraph 13 (2)(c) and Schedule 1)
| Column 1 Customs Tariff Tariff Item No. |
Column 2 Class of imported pork product under Customs Tariff |
Column 3 Levy ($) |
Column 4 Levy ($) |
|---|---|---|---|
| 01.03 | Live swine | ||
| 0103.10.0000 | Pure-bred breeding animals | 0.80/unit | 0.80/unit |
| 0103.91.0000 | Other: Weighing less than 50 kg | 0.80/unit | 0.80/unit |
| 0103.92.0000 | Other: Weighing 50 kg or more | 0.80 /unit | 0.80 /unit |
| 02.03 | Meat of swine, fresh, chilled or frozen | ||
| Fresh or chilled: | |||
| 0203.11.0000 | Carcasses and half-carcasses | 0.87/lb | 0.40/kg |
| 0203.12.0000 | Hams, shoulders and cuts thereof, with bone in | 0.87/lb | 0.40/kg |
| 0203.19.0010 | Other: Spare ribs | 0.87/lb | 0.40/kg |
| 0203.19.0020 | Other: Back ribs | 0.87/lb | 0.40/kg |
| 0203.19.0091 | Other: Processed | 0.97/lb | 0.44/kg |
| 0203.19.0099 | Other: Other | 1.11/lb | 0.50/kg |
| Frozen: | |||
| 0203.21.0000 | Carcasses and half-carcasses | 0.87/lb | 0.40/kg |
| 0203.22.0000 | Hams, shoulders and cuts thereof, with bone in | 0.87/lb | 0.40/kg |
| 0203.29.0010 | Other: Spare ribs | 0.87/lb | 0.40/kg |
| 0203.29.0020 | Other: Back ribs | 0.87/lb | 0.40/kg |
| 0203.29.0090 | Other: Other | 1.11/lb | 0.50/kg |
| 02.06 | Edible offal of bovine animals, swine, sheep, goats, horses, asses, mules or hinnies, fresh, chilled or frozen Of swine |
||
| 0206.30.0000 | Fresh or chilled | 0.87/lb | 0.40/kg |
| 0206.41.0000 | Frozen: Livers | 0.79/lb | 0.36/kg |
| 0206.49.0000 | Frozen: Other | 0.87/lb | 0.40/kg |
| 02.09 | Pig fat, free of lean meat and poultry fat not rendered or otherwise extracted, fresh, chilled, frozen, salted, in brine, dried or smoked | ||
| 0209.10.0000 | Of pigs | 0.79/lb | 0.36/kg |
| 02.10 | Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and meals of meat or meat offal Meat of swine |
||
| 0210.11.0000 | Hams, shoulders and cuts thereof, with bone in | 0.87/lb | 0.40/kg |
| 0210.12.0000 | Bellies (streaky) and cuts thereof | 0.87/lb | 0.40/kg |
| 0210.19.0000 | Other | 0.87/lb | 0.40/kg |
| 0504.00.00 | Guts, bladders and stomachs of animals (other than fish), whole and pieces thereof, fresh, chilled, frozen, salted, in brine, dried or smoked | ||
| 0504.00.0012 | Sausage casings: Of hog | 0.79/lb | 0.36/kg |
| 15.01 | Pig fat (including lard) and poultry fat, other than that of heading 02.09 or 15.03 | ||
| 1501.10.0000 | Lard | 0.79/lb | 0.36/kg |
| 1501.20.0000 | Other pig fat | 0.79/lb | 0.36/kg |
| 1601.00 | Sausages and similar products, of meat, meat offal or blood; food preparations based on these products | ||
| 1601.00.9010 | Other: Pork sausages | 0.67/lb | 0.31/kg |
| 16.02 | Other prepared or preserved meat, meat offal or blood Of swine |
||
| 1602.41.1000 | Hams and cuts thereof: In cans or glass jars | 1.11/lb | 0.50/kg |
| 1602.41.9000 | Hams and cuts thereof: Other | 1.11/lb | 0.50/kg |
| 1602.42.1000 | Shoulders and cuts thereof: In cans or glass jars | 1.11/lb | 0.50/kg |
| 1602.42.9000 | Shoulders and cuts thereof: Other | 1.11/lb | 0.50/kg |
| 1602.49.1010 | Other, including mixtures: In cans or glass jars | 0.40/lb | 0.18/kg |
| 1602.49.1020 | Other, including mixtures: Prepared meals | 0.40/lb | 0.18/kg |
| 1602.49.9000 | Other, including mixtures: other | 0.40/lb | 0.18/kg |
EXPLANATORY NOTE
(This note is not part of the Order.)
This Order establishes the levy to be paid to the Canadian Pork Promotion-Research Agency by persons who sell hogs in interprovincial trade and by persons who import hogs or pork products into Canada.