SOR/2002-142

FARM PRODUCTS AGENCIES ACT

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

a C.R.C., c. 647

b S.C. 1993, c. 3, par. 13(b)

c S.C. 1993, c. 3, s. 2

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

Whereas the annexed proposed Canada Turkey Marketing Producers Levy Order is an order of a class to which paragraph 7(1)(d)d of that Act applies by reason of section 2 of the Agencies' Orders and Regulations Approval Order e, and has been submitted to the National Farm Products Council pursuant to paragraph 22(1)(f) of that Act;

d S.C. 1993, c. 3, s. 7(2)

e C.R.C., c. 648

And whereas, pursuant to paragraph 7(1)(d)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) of the Farm Products Agencies Act c and section 10 of Part II of the schedule to the Canadian Turkey Marketing Agency Proclamation a, hereby makes the annexed Canada Turkey Marketing Producers Levy Order.

Mississauga, Ontario, April 2, 2002

Registration April 3, 2002

CANADA TURKEY MARKETING PRODUCERS LEVY ORDER

1. The definitions in this section apply in this Order.

“Agency” means the Canadian Turkey Marketing Agency. (Office)

“Commodity Board” means

(a) in Ontario, The Ontario Turkey Producers' Marketing Board;

(b) in Quebec, the Fédération des producteurs de volailles du Québec;

(c) in Nova Scotia, the Nova Scotia Turkey Producers' Marketing Board;

(d) in New Brunswick, the New Brunswick Turkey Marketing Board;

(e) in Manitoba, The Manitoba Turkey Producers' Marketing Board;

(f) in British Columbia, the British Columbia Turkey Marketing Board;

(g) in Saskatchewan, the Saskatchewan Turkey Producers' Marketing Board; and

(h) in Alberta, The Alberta Turkey Growers' Marketing Board. (Office de commercialisation)

“Plan” means the marketing plan the terms of which are set out in Part II of the schedule to the Canadian Turkey Marketing Agency Proclamation. (Plan)

“processor” means any person engaged in the slaughtering of turkeys. (transformateur)

“producer” means any person engaged in the production of turkeys in the regulated area. (producteur)

“regulated area” means Ontario, Quebec, Nova Scotia, New Brunswick, Manitoba, British Columbia, Saskatchewan and Alberta. (région réglementée)

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

2. (1) Each producer shall pay, on each kilogram live weight of turkey marketed by that producer in interprovincial or export trade, a levy of

(a) in Ontario, 2.80 cents;

(b) in Quebec, 3.99 cents;

(c) in Nova Scotia, 4.00 cents;

(d) in New Brunswick, 3.00 cents;

(e) in Manitoba, 3.8 cents;

(f) in British Columbia, 4.00 cents;

(g) in Saskatchewan, 3.9 cents; and

(h) in Alberta, 4.35 cents.

(2) If turkeys are sold or otherwise disposed of to a person who is not a processor, the producer of the turkeys shall pay the levy in accordance with subsection (4).

(3) If turkeys are sold or otherwise disposed of to a person who is a processor, the processor to whom they were delivered shall deduct the amount of the levy from the moneys payable by the processor to the producer of the turkeys and the processor shall pay the levy in accordance with subsection (4).

(4) The levies shall be paid to the Commodity Board in the province in which the producer is engaged in the production of turkeys at the address specified by the Commodity Board and within 60 days from the last day of the month in which the turkeys are sold or disposed of.

(5) Subsection (1) ceases to have effect on December 31, 2006.

SOR/2003-21, s. 1; SOR/2003-93, s. 1; SOR/2003-152, s. 1; SOR/2004-3, s. 1; SOR/2004-147, s. 1; SOR/2004-323, s. 1; SOR/2005-191, s. 1; SOR/2005-197, s. 1; SOR/2006-4, s. 1.

3. The Agency, pursuant to subsection 10(4) of the Plan, with the concurrence of the Commodity Board for each province, appoints each Commodity Board to collect on behalf of the Agency the levies imposed by section 2 of this Order on the producers in that province.

4. The Commodity Board for each province shall pay all of the levies received pursuant to subsection 2(4) to the Agency not later than the last day of the month in which the levies are received by the Commodity Board.

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