Regulations Amending the Canadian Chicken Licensing Regulations: SOR/2024-80
Canada Gazette, Part II, Volume 158, Number 11
Registration
SOR/2024-80 May 8, 2024
FARM PRODUCTS AGENCIES ACT
Whereas the Governor in Council has, by the Chicken Farmers of Canada Proclamation footnote a, established Chicken Farmers of Canada under subsection 16(1)footnote b of the Farm Products Agencies Act footnote c;
And whereas Chicken Farmers of Canada has been empowered to implement a marketing plan under that Proclamation;
Therefore, Chicken Farmers of Canada makes the annexed Regulations Amending the Canadian Chicken Licensing Regulations under paragraph 22(1)(f) of the Farm Products Agencies Act footnote c and section 11footnote d of the schedule to the Chicken Farmers of Canada Proclamation footnote a.
Ottawa, May 3, 2024
Regulations Amending the Canadian Chicken Licensing Regulations
Amendments
1 The definition producer-processor in section 1 of the Canadian Chicken Licensing Regulations footnote 1 is repealed.
2 The portion of section 3 of the Regulations before paragraph (a) is replaced by the following:
3 It is prohibited for any person to engage in the marketing of chicken in interprovincial or export trade as a producer, primary processor, processor, dealer, retailer or transporter unless the person
3 (1) Subsection 4(1) of the Regulations is replaced by the following:
4 (1) Subject to sections 8 and 9, within 30 days after the day on which it receives a licence application in a form approved by CFC and the payment of the applicable fee set out in section 6, CFC must issue a licence to a producer, primary processor, processor, dealer, retailer or transporter engaged in the marketing of chicken in interprovincial or export trade.
(2) Subsection 4(6) of the English version of the Regulations is replaced by the following:
(6) If a licensee sells or otherwise disposes of or discontinues their business prior to the expiry of the licence, the licensee must return the licence to CFC and CFC must revoke the licence.
4 Paragraph 6(b) of the Regulations is repealed.
5 (1) The portion of subsection 8(1) of the Regulations before paragraph (b) is replaced by the following:
8 (1) Subject to subsections (2.01) and (3), CFC must suspend a licence if any one of the following circumstances occur and if the licensee does not take corrective action within 90 days after the day on which the licensee received written notice of those circumstances from the CFC:
- (a) the licensee is not in compliance with a condition of the licence;
(2) Paragraphs 8(1)(b) to (d) of the English version of the Regulations are replaced by the following:
- (b) the licensee is not in good standing with the Commodity Board or the Board;
- (c) the licensee fails to pay levies in accordance with the Canadian Chicken Marketing Levies Order; or
- (d) the licensee is not in compliance with a quota allotted under the Canadian Chicken Marketing Quota Regulations.
(3) Paragraph 8(1)(e) of the Regulations is repealed.
(4) The portion of subsection 8(2) of the Regulations before paragraph (c) is replaced by the following:
(2) Subject to subsection (3), CFC must revoke a licence if
(5) Paragraph 8(2)(d) of the Regulations is replaced by the following:
- (d) one of the circumstances referred to in paragraphs (1)(a) to (d) occurs in respect of the licensee and the licence was suspended twice in the preceding 24 months.
(6) Section 8 of the Regulations is amended by adding the following after subsection (2):
(2.01) If a licence must be revoked by CFC under paragraph (2)(d), subsection (1) does not apply.
(7) The portion of subsection 8(2.1) of the Regulations before paragraph (c) is replaced by the following:
(2.1) Subject to subsection (3), CFC must refuse to issue a licence or to renew a licence for
- (a) an applicant who previously held a licence that was revoked by CFC in the 24 months preceding the day on which the application for the licence or its renewal is made;
- (b) an applicant who has an associate or affiliated body that is not in compliance with a condition of a licence issued under these Regulations on the day on which the application for the licence or its renewal is made; or
(8) The portion of subsection 8(2.2) of the Regulations before paragraph (a) is replaced by the following:
(2.2) For the purposes of paragraphs (1)(b) and (2.1)(c), an applicant or licensee is not in good standing if CFC has been notified in writing by the Commodity Board or the Board that
(9) Subsections 8(3) and (4) of the Regulations are replaced by the following:
(3) CFC must not suspend, revoke or refuse to renew a licence if the licensee licence holder establishes that the failure to comply with a condition of the licence is due to an event that
- (a) was not reasonably foreseeable;
- (b) rendered it impossible, through no fault of the licensee, for the licensee to comply with a condition of the licence; and
- (c) was beyond the control of the licensee.
6 Schedule 2 to the Regulations is amended by replacing the references after the heading “SCHEDULE 2” with the following:
(Paragraphs 5(3)(d) and (e) and subparagraph 5(3)(i.01)(vii))
Coming into Force
7 These Regulations come into force on the day on which they are registered.
EXPLANATORY NOTE
(This note is not part of the Regulations.)
These Regulations amend the Canadian Chicken Licensing Regulations to respond to recommendations made by the Standing Joint Committee for the Scrutiny of Regulations and Chicken Farmers of Canada following their review of the Canadian Chicken Licensing Regulations.