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Alberta Regulation 3/2000
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Table of Contents
Part 1 - General
Definitions
Ownership interests
Prohibition
Application for licence
Issue, renewal or refusal of licence
Licence to operate as lessee
Suspension or cancellation of licence
Duty to keep records
Duty to provide information to the Board
Service charge
Part 2 - Marketing
Division 1 - Quota
Authorized quota, etc. or permit required
Minimum price
Base quota increases
Rock cornish marketings
Marketing quota calculation
Marketing quota change
Production cycle
Authorized quota reallocation
Communal group production quota
Financial interest in premises
Authority of Board
Appointment of attorney
Division 2 - Variation from Authorized Marketing
Marketing in excess of marketing quota
Marketing less than marketing quota
Establishment of period for marketing correction
Late or early marketings
Reduced marketing due to misfortune
New market development quota
Organic chicken production quota
New market development programs
Division 3 - Premises
Approved premises
Premises requirements
Division 4 - Quota Limits and Dealing with Quota
Quota limit
Authorized quota reduction
Lease of quota
Permit
Records not available
Division 5 - Prohibitions
Processor
Producer
Selling below minimum price
Purchasing below minimum price
Custom killing
Marketing re reduced weight
Part 3 - Transitional Provisions, Repeals and Expiry
Quota continued
Licence continued
Repeal
Expiry
Schedule
Part 1
General
Definitions
1 In this Regulation,
(a) "authorized producer" means a person who
(b) "authorized quota" means the number of quota units that have been allocated by the Board to an authorized producer;
(c) "Board" means the board known as the Alberta Chicken Producers;
(d) "broiler" means a chicken that is marketed at a live weight that is greater than one kilogram and less than 2.5 kilograms;
(e) "chick" means a chicken that is less than 2 weeks old;
(f) "chicken" means any category of chicken that is under 6 months of age and that is not raised for egg production and includes any one or more of broilers, roasters, rock cornish chicken or chicks;
(g) "communal group" means a community of not fewer than 50 individuals in which
(i) the members live and work together in an agricultural enterprise,
(ii) a member is not permitted to own property in the member's own right, and
(iii) the members devote their working lives to the activities of the communal group;
(h) "communal group production quota" means a quota that may be granted to a communal group permitting the communal group to produce, market and consume in accordance with section 19 up to 6000 chickens in each calendar year;
(i) "consumer" means a person who purchases any form of chicken for the person's own consumption or for consumption in the person's household;
(j) "Council" means the Alberta Agricultural Products Marketing Council;
(k) "custom kill" means processing by a processor of chicken owned by a person, other than the processor, on a fee for services basis;
(l) "family" means, in respect of an individual, the individual’s husband, wife, son, daughter, son-in-law, daughter-in-law, brother or sister;
(m) "hatchery" means a person who is engaged in the business of marketing chicks;
(n) "marketing quota" means the maximum live weight in kilograms of chicken that an authorized producer is authorized to market in a production cycle;
(o) "misfortune" means a loss of chickens, production facilities or chicken production due to circumstances that in the opinion of the Board are beyond the control of the authorized producer and, without restricting the generality of the foregoing, includes loss resulting from one or more or any combination of one or more of the following:
(i) fire;
(ii) wind, hail, flood or other natural phenomena;
(iii) electrical failure;
(iv) mechanical failure;
(v) collapse of production facilities;
(o.1) "On-Farm Food Safety Assurance Program" means the program known as the On-Farm Food Safety Assurance Program as approved or varied from time to time by the Canadian Food Inspection Agency;
(p) "person" means a person as defined in the Interpretation Act and includes
(i) a partnership as defined in the Partnership Act,
(ii) any unincorporated organization that is not a partnership referred to in subclause (i), or
(iii) any group of individuals who are carrying on an activity for a common purpose and are neither a partnership referred to in subclause (i) nor an unincorporated organization referred to in subclause (ii);
(q) "Plan" means the Alberta Chicken Producers' Marketing Plan;
(r) "processing" means changing the nature of chicken by mechanical means or otherwise and includes killing;
(s) "processor" means any person who is engaged in the business of processing chicken;
(t) "production cycle" means the period of time to which authorized quota is applied, as established by resolution of the Board;
(u) "production facilities and premises" means the buildings and improvements in which chicken is produced together with the land on which those buildings and improvements are situated;
(v) "quota unit" means the unit of measurement of quota that may be allocated or reallocated by the Board;
(w) "research permit" means the permission granted in writing to a researcher by the Board to market chicken within a given period;
(x) "researcher" means a person involved in bona fide scientific research in respect of chicken;
(y) "roaster" means a chicken that is marketed at a live weight of not less than 2.5 kilograms;
(z) "rock cornish chicken" means a chicken that is marketed at a live weight of not more than one kilogram;
(aa) "site plan" means a drawing of the outline of buildings used to produce chicken, including outside dimensions of the buildings and the legal description of the land on which the buildings are located.
AR 3/2000 s1;118/2002;124/2003;290/2003
Ownership interests
2 (1) For the purpose of this Regulation, a person has an ownership interest in authorized quota if that person
(a) has any legal or equitable interest in authorized quota;
(b) owns shares in a corporation that has a legal or equitable interest in authorized quota;
(c) owns any shares in a corporation that is affiliated with another corporation that has a legal or equitable interest in authorized quota;
(d) is owned by a person that has a legal or equitable interest in authorized quota;
(e) is owned by a corporation that is affiliated with a corporation that has a legal or equitable interest in authorized quota;
(f) is affiliated with a corporation that has a legal or equitable interest in authorized quota.
(2) For the purposes of this Regulation, a corporation is affiliated with another corporation
(a) if that corporation owns any shares, legally or equitably, in that other corporation,
(b) if the shares of that corporation are owned, legally or equitably, by that other corporation, or
(c) if a person legally or equitably owns shares in both corporations.
(3) If 2 or more corporations are all affiliated with another corporation at the same time, those corporations are deemed to be affiliated with each other.
Prohibition
3 (1) No person shall
(a) operate a hatchery,
(b) produce chicken,
(c) market chicken, or
(d) process chicken,
unless the person is the holder of an appropriate licence issued by the Board that is not suspended and has not been cancelled.
(2) Despite subsection (1), the holder of a communal group production quota may market chicken in accordance with section 19.
AR 3/2000 s3;68/2005
Application for licence
4(1) A person may apply to the Board for one or more of the following licences:
(a) a licence to operate as a hatchery;
(b) a licence to market chicken as an authorized producer;
(c) a licence to process chicken;
(d) a licence to lease quota.
(1.1) An application for a licence must be in a form acceptable to and be accompanied by any information required by the Board.
(1.2) An application for a licence to market chicken as an authorized producer must be accompanied by a fee of $25.
(2) A licence only authorizes the licensee to engage in the activity specified on the licence.
(3) If a person engages in more than one activity listed in subsection (1), that person must hold a separate licence for each activity.
(4) Repealed AR 68/2005 s3.
(5) A licence is not transferable.
(6) A licence is subject to any conditions imposed by the Board on the licence and the licensee must comply with any directions issued by the Board relating to the activity authorized by the licence.
AR 3/2000 s4;68/2005
Issue, renewal or refusal of licence
5(1) If a person applies for a licence, the Board must, subject to subsection (3) and section 6, issue a licence to the applicant.
(2) A licence, other than a licence to lease quota, issued under this section is valid until the Board suspends or cancels the licence.
(2.1) A licence to lease quota expires in accordance with section 6(2).
(3) The Board may refuse to issue or renew a licence if the applicant
(a) lacks, in the Board's opinion, the experience, equipment or financial responsibility to properly engage in the activity to which the application relates,
(b) contravenes or has contravened the Act, the Plan, this Regulation or an order or direction of the Council or the Board or a condition imposed on the licence, or
(c) fails to comply with any technical requirements under the On-Farm Food Safety Assurance Program.
(3.1) Repealed AR 68/2005 s4.
(4) If the Board refuses to issue a licence, the Board must serve on the applicant a copy of its decision to refuse to issue the licence.
(5) A licence issued by the Board
(a) is a licence to be engaged in the activity stated in the licence, and
(b) is not an approval or endorsement by the Board of the licence holder.
(6) No person, including a licensee, shall represent that a licence is an approval or an endorsement by the Board.
(7) The Board may impose conditions on a licence and issue directions relating to the activity authorized by the licence.AR 3/2000 s5;290/2003;68/2005;105/2005
Licence to operate as lessee
6 (1) A licence to lease quota does not give the lessee authority to produce and market chicken, but authority only to operate leased quota in accordance with
(a) the lease,
(b) any conditions imposed on the licence by and any directions issued by the Board, and
(c) this Regulation.
(2) A licence to lease quota expires automatically on the expiration or termination of the lease under which the quota was leased to the lessee.
Suspension or cancellation of licence
7(1) The Board may suspend, for any period it considers appropriate or cancel a licence
(a) if the licensee
(i) lacks, in the Board’s opinion, the experience, equipment or financial responsibility to properly engage in or continue to engage in the activity authorized by the licence,
(ii) contravenes the Act, the Plan, this Regulation or an order or direction of the Council or the Board or a condition of the licence, or
(iii) fails to comply with any technical requirements under the On-Farm Food Safety Assurance Program,
or
(b) for any other reason not referred to in clause (a) that the Board considers appropriate.
(2) If a licence is suspended or cancelled under subsection (1), the Board must notify the person to whom the licence was issued of that suspension or cancellation.
(3) If a licence is suspended or cancelled, the person to whom the licence was issued
(a) must, on receiving a notice of the suspension or cancellation, immediately cease engaging in the activity authorized by the licence, and
(b) may apply to the Board for an order staying the suspension or cancellation pending the determination of an appeal under Part 5 of the Act.
(4) Notwithstanding subsection (1)(a)(iii), where the Board is of the opinion that an authorized producer has failed to comply with any of the requirements under the On-Farm Food Safety Assurance Program, the Board may choose not to suspend that producer’s quota if the producer leases or has leased the producer’s quota to another authorized producer or to a person who is licensed as a lessee of quota.AR 3/2000 s7;290/2003
Duty to keep records
8 (1) A licensee must maintain a complete and accurate record of all matters relating to the activity authorized by the licence, including any of the following records and documents that are pertinent to the activity authorized by the licence:
(a) records of the placement of chicks;
(b) invoices showing the number of chicks purchased;
(c) records showing the number of chicks marketed to any person;
(d) the name of the person to whom the chicks were marketed;
(e) transportation records;
(f) processor receiving records;
(g) producer payment records;
(h) grading, trimming or other processing records;
(i) records showing the amount of chicken marketed by a licensee.
(2) A licensee must
(a) retain the records and documents required to be kept under subsection (1) for not less than 6 years, and
(b) on the request of the Board, make the records and documents available for inspection.
Duty to provide information to the Board
9 (1) A hatchery must
(a) provide at the end of each week in which chicks are placed the information required by Form 1 of the Schedule, and
(b) forward the information to the Board in time to reach the Board office not later than Wednesday of the week following the week in which chicks are placed.
(2) An authorized producer who receives chicks other than from a hatchery licensed by the Board must
(a) provide the information required by Form 1 of the Schedule, and
(b) forward the information to the Board in time to reach the Board office not later than the week following the receipt of the chicks.
(3) A processor must
(a) provide at the end of each week in which chicken is processed the information required by Form 2 of the Schedule, and
(b) forward the information to the Board in time to reach the Board office not later than Wednesday of the week following the week in which the processing of chicken occurred.
(4) A processor must ensure that Form 3 of the Schedule is completed at the time chickens are custom killed and is forwarded to the Board in time to reach the Board office within 15 days following the date of the custom kill.
(5) An authorized producer must
(a) at the end of each week in which chicken is marketed by the producer to a person other than a processor provide the information required by Form 4 of the Schedule, and
(b) forward the information to the Board in time to reach the Board office not later than the following Wednesday.
(6) On receiving a request by the Board to do so, a processor must file a statement with the Board, for any period specified by the Board, setting out the following:
(a) the dates on which the processor intends to process chicken;
(b) an estimate of the weight of chicken that the processor intends to process;
(c) the type of chicken that the processor intends to process.
(7) On receiving a request by the Board to do so, an authorized producer must file with the Board a statement, for any period specified by the Board, setting forth the following:
(a) the dates on which the producer intends to market chicken;
(b) an estimate of the weight of the chicken that the producer intends to market;
(c) the type of chicken that the producer intends to market.
Service charge
10 (1) A service charge of $0.0175 per kilogram of live weight of chicken must be paid by an authorized producer to the Board in respect of all live chickens marketed by the authorized producer.
(2) A processor who receives chicken from an authorized producer must
(a) deduct the service charge referred to in subsection (1) from the amount payable to that producer, and
(b) forward the service charge to the Board, with an accounting for the service charge and accompanied with the information required in Form 2 of the Schedule, in time to reach the Board office not later than Wednesday of the week following the week in which the service charge was deducted.
(3) An authorized producer who markets chicken to a person other than a processor must
(a) pay the service charge referred to in subsection (1) to the Board, and
(b) forward the service charge to the Board, accompanied with the information required in Form 4 of the Schedule, in time to reach the Board office not later than Wednesday of the week following the week in which the chicken was marketed.
(4) A service charge is a debt due to the Board and may be recovered by the Board by civil action for debt.
(5) The Board may use service charges, licence fees, levies and other money paid to it for the purpose of paying its expenses and administering the Plan and the regulations made by the Board.
AR 3/2000 s10;62/2001;68/2005
Part 2
Marketing
Division 1 Quota
Authorized quota, etc. or permit required
11 No person shall market chicken except pursuant to the following:
(a) an authorized quota;
(b) a lease of authorized quota approved by the Board under section 33;
(c) a communal group production quota;
(d) a research permit;
(e) an exemption provided for under the Plan.
Minimum price
12 The Board may by resolution
(a) determine the minimum price to be paid per kilogram to a producer for chicken marketed, and
(b) determine different prices for different classes, varieties, grades, sizes or kinds of chicken.
Base quota increases
13 (1) When the Board considers that general marketing conditions warrant a permanent increase in base quota, that increase must be allocated by the Board by auction in accordance with this section.
(2) The Board must ensure that quota is allocated by auction to authorized producers and to persons eligible to receive licences as authorized producers based on the amount of quota allocation fee the authorized producer or person offers and pays to the Board.
(3) An authorized producer and any person who is eligible to receive a licence as an authorized producer may participate in the auction.
(4) Any person wishing to participate in the auction must provide evidence to the Board, in the form specified by the Board, that satisfies the Board as to the person's financial capability to pay the quota allocation fee.
(5) The amount of the allocation fee paid by a person acquiring quota units by auction pursuant to this section must be determined by the amount of the successful bid made by that person for the block of quota units being offered.
(6) The Board may allocate quota to the successful bidders in accordance with their bids if the Board is satisfied that the bidders have complied with this Regulation.
(7) The Board may establish procedures for the conduct of an auction.
Rock cornish marketings
14 Rock cornish chicken marketings must be charged, on a percentage basis determined by the Board, against the authorized producer's marketing quota for the production cycle during which the marketings occur.
Marketing quota calculation
15 (1) Subject to any adjustments made pursuant to this Regulation, an authorized producer's marketing quota expressed in kilograms is the number determined by
(a) multiplying the quota units that are allocated to an authorized producer by the density factor established by the Board by resolution,
(b) then multiplying the product determined under clause (a) by the number of weeks in that producer's production cycle, and
(c) then multiplying the product determined under clause (b) by the percentage of utilization established by the Board for that production cycle.
(2) For the purposes of subsection (1), a density factor may not be established for each individual producer but a density factor must be established that is generally applicable to all producers.
Marketing quota change
16 When the Board considers it appropriate to vary the production of chicken to accommodate an anticipated change in the demand for chicken for the next 12 months or less, the Board may by resolution change the marketing quota by changing the allowed percentage of utilization for the quota units.
Production cycle
17 (1) The Board must by resolution establish a production cycle
(a) for broilers, and
(b) for roasters.
(2) An authorized producer may change that producer's production cycle
(a) from a roaster cycle to a broiler cycle established under subsection (1), or
(b) from a broiler cycle to a roaster cycle established under subsection (1),
by filing a statement of intent to change the production cycle with the Board.
(3) An authorized producer may make application to the Board to produce on a production cycle that does not conform with either the roaster cycle or the broiler cycle established by the Board under subsection (1).
(4) If the Board approves an application made under subsection (3), the Board may impose time limits or other conditions in respect of the matter being approved.
(5) A statement of intent to change a production cycle under subsection (2) or an application under subsection (3) must be in writing, signed by the authorized producer and endorsed by the authorized producer's hatchery and processor.
Authorized quota reallocation
18 (1) An authorized producer shall not transfer all or any part of authorized quota.
(2) Despite subsection (1), an authorized producer may apply to the Board to have that producer's authorized quota cancelled and reallocated, in whole or in part, to another person who is eligible to become an authorized producer.
(3) An application for cancellation and reallocation under this section must be made prior to the completion of the sale of any authorized quota with or without the production facilities and premises.
(4) The approval of the reallocation of authorized quota shall not take effect, and the current authorized quota shall not be cancelled, until the completion of the sale and the filing with the Board of any proof that the Board may require.
(5) The effective date of the reallocation must be determined by the Board so that the cancellation and reallocation correspond with the end of a particular production cycle.
(6) Subject to subsection (7), if an application for cancellation and reallocation is made under this section, a fee of $200 is payable to the Board and that fee must accompany the application for the cancellation and reallocation.
(7) A fee is not payable under subsection (6) if
(a) there is no change in beneficial ownership of the production facilities and premises for which there is a reallocation of authorized quota, or
(b) the application is for reallocation to a person within the family, including an adult interdependent partner.
(8) If an authorized producer has overmarketed and the authorized quota is reallocated, the person to whom the authorized quota has been reallocated must reduce future marketings in accordance with section 23(2).
(9) If an authorized producer has overmarketed, the authorized quota may not be reallocated until all outstanding levies and judgments in respect of the overmarketing are paid to the Board.
(10) Application must be made to the Board for approval of any transfer from one person to another of an ownership interest except for an ownership interest in
AR 3/2000 s18;124/2003
Communal group production quota
19 (1) A communal group may apply for an allocation of communal group production quota by filing a completed application form provided by the Board.
(2) The Board must grant communal group production quota to an applicant if
(a) the communal group does not hold any authorized quota, and
(b) the communal group resides on the same parcel of land on which the production facilities are located at which the chicken is produced.
(3) Chicken produced under a communal group production quota must only be
(a) consumed by members of the communal group, or
(b) marketed to consumers from
(i) the land referred to in subsection (2)(b),
(ii) land that is adjacent to the land referred to in subsection (2)(b), or
(iii) a stall at a farmers' market.
(4) An applicant for a communal group production quota must pay to the Board a service charge of $250 at the time of making the application for the quota, and thereafter the holder of the communal group production quota must pay to the Board an annual service charge of $250 by January 31 of each year.
(5) If the annual service charge is not paid by January 31 in the year it is due, the Board may cancel the communal group production quota.
(6) A communal group production quota holder must, if the holder acquires chicks from outside Alberta, report to the Board in writing the number of chicks so acquired within 2 weeks after the chicks are delivered to the holder.
(7) A communal group production quota may not be sold, transferred, reallocated or divided.
(8) If the holder of a communal group production quota is granted an allocation or reallocation of an authorized quota, the communal group production quota is cancelled on that allocation or reallocation of the authorized quota.
(9) A communal group production quota may be reduced or cancelled, either permanently or for such period as the Board considers appropriate, if a communal group quota holder
(a) produces in excess of 6000 chickens in any calendar year,
(b) fails to comply with subsection (3)(b) when marketing any chicken, or
(c) fails to report the information required by subsection (6).
(10) Before the Board proceeds to amend this section, the Board must
(a) give written notice by ordinary mail to the communal group production quota holders of the proposed amendments,
(b) hold a public meeting at which communal group production quota holders may make representations to the Board about the proposed amendments, and
(c) prior to amending this section, consider the representations made.
Financial interest in premises
20 (1) Any person who holds a financial interest by means of a mortgage registered under the Land Titles Act in respect of the production facilities and premises to which an authorized quota has been allocated may register that interest with the Board in a manner that is satisfactory to the Board.
(2) If a mortgagee registers an interest with the Board under subsection (1), that mortgagee must at the same time also register with the Board a written acknowledgment by the authorized producer of the mortgagee's financial interest in the production facilities and premises.
(3) If an interest is registered under subsection (1), the Board must
(a) immediately notify the authorized producer who has been allocated the authorized quota of the registration, and
(b) notify the mortgagee of any application to reallocate or lease all or any part of the authorized quota to which the registration applies.
(4) The Board shall not approve the reallocation or lease of any authorized quota in respect of which an interest is registered under subsection (1) unless the mortgagee has given written consent to the reallocation or lease.
Authority of Board
21 (1) If a mortgagee becomes the legal or equitable owner of production facilities and premises due to a judicial or extra-judicial enforcement of the mortgage, the Board may do one or more of the following:
(a) allow the mortgagee to market chicken pursuant to the authorized quota granted in respect of the production facilities and premises for a period not exceeding 2 years, during which time the mortgagee must endeavour to find an appropriate buyer;
(b) set aside for a period not exceeding 2 years the authorized quota allocated in respect of the production facilities and premises;
(c) allocate part or all of the authorized quota to a person who purchases the production facilities and premises from the mortgagee, if the Board is satisfied that the purchaser is or intends to become an authorized producer;
(d) allocate part or all of the authorized quota to the mortgagee, if the Board is satisfied that the mortgagee intends to become an authorized producer.
(2) If an authorized quota has not been allocated within the time set out in subsection (1)(a) or (b), the Board may
(a) cancel the authorized quota, or
(b) on written application by the mortgagee, extend the time set out in subsection (1)(a) or (b).
Appointment of attorney
22 (1) Subject to subsections (4) and (5), a person who has loaned money to an authorized producer may apply to the Board to register an appointment of attorney.
(2) An appointment of attorney must be in a form satisfactory to the Board.
(3) Only one appointment of attorney may be registered in respect of an authorized producer.
(4) The Board shall not register an appointment of attorney if there is a financial interest under section 20 registered in respect of the production facilities and premises of that authorized producer.
(5) The Board shall not register an appointment of attorney unless it is signed by the authorized producer that is affected by it.
(6) An appointment of attorney is only effective from the date the Board acknowledges in writing that it is registered.
(7) If the Board has acknowledged registration of the appointment of attorney, the Board shall not approve an application for
(a) the cancellation and reallocation of the authorized quota specified in the appointment of attorney,
(b) the lease of the authorized quota specified in the appointment of attorney, or
(c) the transfer of an ownership interest in the authorized quota specified in the appointment of attorney,
unless the person appointed as the attorney signs the application.
Division 2
Variation from Authorized Marketing
Marketing in excess of marketing quota
23 (1) An authorized producer shall not market chicken in excess of the marketing quota allocated to that producer.
(2) If an authorized producer markets chicken in contravention of subsection (1), the Board must in a subsequent production cycle, without permanently reducing the authorized quota allocated to that producer, reduce the weight of chicken that the producer may market by an amount equal to the weight of the chicken that was marketed in excess of that producer's marketing quota.
(3) An authorized producer who has marketed chicken contrary to subsection (1) must pay to the Board a levy of
(a) 44 cents a kilogram for each kilogram of chicken marketed in excess of 105% but not more than 110%, and
(b) 88 cents a kilogram for each kilogram of chicken marketed in excess of 110%
of the producer's marketing quota for the production cycle.
(4) The levy provided for under subsection (3) must be paid even though the authorized producer reduces the excess marketings in accordance with subsection (2).
(5) The levy provided for under subsection (3) must be paid within 30 days from the date that the authorized producer was billed for the levy by the Board.
(6) If the levy provided for under subsection (3) is not received by the Board within 30 days from the date that the authorized producer is billed for the levy by the Board, that producer must pay an additional levy of 4 cents a kilogram.
(7) A levy provided for under this section is a debt due to the Board and may be recovered by the Board by civil action for debt.
Marketing less than marketing quota
24 If an authorized producer markets less chicken than that producer is permitted to market pursuant to the marketing quota allocated to that producer, that producer's allowed marketing of chicken must be increased in a subsequent production cycle by the lesser of
Establishment of period for marketing correction
25 The Board must establish by resolution when
Late or early marketings
26 If a processor changes the date on which an authorized producer markets chicken from that set out in the information provided to the Board under section 9(6) and (7) in order to meet a market demand, and as a result of the change in the date the producer markets more or less chicken than allowed under that producer's marketing quota, the Board may
(a) waive any levies that resulted from the delay in marketings, or
(b) allow increased marketings in subsequent production cycles to compensate for undermarketings that result from the advance in marketings.
Reduced marketing due to misfortune
27 (1) Despite section 24, if an authorized producer due to misfortune markets less chicken in a production cycle than that producer is permitted to market pursuant to the marketing quota allocated to that producer, that producer may in writing apply to the Board for marketing quota compensation.
(2) An authorized producer is not eligible for compensation under subsection (1) unless the misfortune causes the producer to market less than 90% of the producer's marketing quota that was in effect at the time of the occurrence of the misfortune.
(3) In making an application under subsection (1), the authorized producer must provide to the Board all the information regarding the number of chicks placed and the kilograms of chicken that were marketed and any other documentation and information that the Board requires.
(4) If the Board grants marketing quota compensation to an applicant, the amount of the compensation must be determined by subtracting from the total amount of the producer's marketing quota that was in effect during the production cycle during which the reduced marketings took place the amount that is determined by adding together
(a) the actual marketings from all of that producer's production facilities and premises that were made during the cycle during which the reduced marketings took place, and
(b) 10% of that producer's marketing quota that was in effect at the time of occurrence of the misfortune.
(5) An authorized producer shall not utilize any of the marketing quota compensation granted to that producer until that producer and the Board agree to the production cycle or cycles in respect of which the compensation is to be granted.
(6) The maximum amount of marketing quota compensation that may be granted to an authorized producer under this section is the total of
(a) the marketing quota that the producer would have been entitled to for the 12 weeks following the occurrence of the misfortune, and
(b) the amount of marketing quota compensation, if any, granted under subsection (4).
New market development quota
28(1) For the purposes of this section,
(a) "new market development quota" means marketing quota leased by the Board to authorized producers solely for the purpose of developing new markets;
(b) "period" means a period as determined under a Canada Act by the Canadian Chicken Marketing Agency;
(c) "processor specific offer" means an offer of new market development quota made by the Board to authorized producers where
(i) the new market development quota is offered pursuant to a request made to the Board by a processor for a specific purpose, and
(ii) the producers to whom the offer is made have an existing supply agreement with that processor.
(2) A processor may apply to the Board to request that the Board make
(a) an offer of new market development quota to all authorized producers, or
(b) a processor specific offer to only those authorized producers who have an existing supply agreement with that processor.
(3) An application under subsection (2) must be in the form and provide the information prescribed by the Board.
(4) The Board may by resolution establish a deadline for applications to be made under subsection (2).
(5) If the Board determines that the application is acceptable, the Board may determine
(a) the period for which the offer of new market development quota will be made, and
(b) the amount per kilogram that a producer must pay to a designated processor in order to be entitled to lease new market development quota.
(6) The Board must advise the applicant of its determination under subsection (5).
(7) Within the time specified by a resolution of the Board, all authorized producers who are eligible to bid with respect to an offer of new market development quota may file with the Board a bid to lease new market development quota.
(7.1) Notwithstanding subsection (7), in the case of a processor specific offer made in respect of a specific processor, only authorized producers who have an existing supply agreement with that processor are eligible to bid in respect of that offer.
(8) A bid must
(a) be in the form satisfactory to the Board, and
(b) set out the maximum number of kilograms of new market development quota the authorized producer is prepared to commit to lease.
(9) The maximum bid that an authorized producer may make is equal to the marketing quota that would be available to that producer if the utilization factor in effect in the period were 100%.
(10) If the total kilograms of bids filed by authorized producers is less than the amount of chicken required by the applicant, the offer is void unless the applicant agrees to reduce the applicant’s requirement so that it equals the amount of the bids.
(11) If an offer is void under subsection (10), the Board and applicant may agree that a new offer be made to authorized producers at a reduced lease rate.
(12) The Board must distribute the total amount of leased quota available in rounds of one quota unit to each eligible bidder until all available leased quota is distributed.
(13) The Board must advise each authorized producer who bid of
(a) the amount of quota that the producer is eligible to lease as determined in accordance with subsection (12), and
(b) the amount payable to the designated processor for the opportunity to lease new market development quota.
(14) On receipt of confirmation from the designated processor that the authorized producer has paid the amount payable under subsection (13), the Board must
(a) lease to that producer new market development quota, and
(b) specify the number of kilograms of new market development quota and the production cycle to which that lease applies.
(15) The Board may by resolution establish rules, procedures and policies concerning the approval, operation and administration of leases of new market development quota.AR 3/2000 s28;43/2004
Organic chicken production quota
28.1 (1) For the purposes of this section,
(a) "Organic Chicken Lease Program" means a program under which the Board will make available organic chicken production quota for the purpose of assisting organic chicken producers in developing a market for organic chicken;
(b) "organic chicken production quota" means a quota that may be leased by the Board to a producer permitting the producer to produce and market organic chicken in accordance with this section.
(2) The Board may establish and operate an Organic Chicken Lease Program under which the Board may make available for lease, at lease prices determined by the Board, a pool of 200 000 kilograms of live-weight organic chicken per year.
(3) The amount of organic chicken production quota that may be leased by the Board to any one producer is not to exceed 30 000 kilograms of live-weight organic chicken per year.
(4) When determining the lease price per kilogram of live-weight organic chicken that is to be paid to the Board for a lease of organic chicken production quota, the Board is to take into consideration, where possible,
(a) the current lease price for new market development quota referred to under section 28, or
(b) if the current lease price referred to in clause (a) is not available, an estimate by the Board of what the lease price of new market development quota referred to under section 28 would be, having regard to current market conditions.
(5) On or before March 1st in each year in which organic chicken production quota is to be leased or such other date as the Board may set, an authorized producer or any other person interested in producing and marketing organic chicken may apply to the Board to be considered for a lease of organic chicken production quota.
(6) An application made under subsection (5)
(a) is to be in the form prescribed by the Board,
(b) must specify the site and the production facilities and premises at which the applicant intends to carry out the organic chicken production, and
(c) must contain any other information that the Board requests.
(7) The Board may refuse to grant a lease of organic chicken production quota to an applicant if, in the Board's opinion,
(a) the applicant lacks the experience, equipment or financial responsibility to properly engage in organic chicken production, or
(b) the applicant fails to establish to the satisfaction of the Board that the chicken that is to be produced on the site and in the production facilities and premises specified in the application will in fact be certified as organically produced chicken by
(8) As soon as practicable after the closing date for the receipt of applications for organic chicken production quota,
(a) the Board is to consider all the applications and determine which applicants, if any, are acceptable to the Board for the purposes of being leased organic chicken production quota;
(b) if the Board determines that the total amount of organic chicken production quota being applied for by all the acceptable applicants exceeds the pool of 200 000 kilograms of live-weight organic chicken that is available for leasing, the Board is to distribute organic chicken production quota in rounds of one kilogram of live-weight organic chicken to each acceptable applicant until all of the available organic chicken production quota is distributed;
(c) on determining that an applicant is acceptable, the Board is to advise the applicant of the following:
(i) that the applicant has been accepted by the Board as being eligible to lease organic chicken production quota;
(ii) the amount of organic chicken production quota that is being offered to the applicant for leasing;
(iii) the lease price for leasing the organic chicken production quota being offered to the applicant;
(iv) the time within which the applicant must advise the Board as to whether the applicant will in fact lease all or any of the organic chicken production quota being offered to the applicant.
(9) Once an applicant has advised the Board that the applicant accepts the offer by the Board to lease organic chicken production quota,
(a) the Board is to lease that quota to the applicant, and
(b) that quota becomes effective at the time that the applicant makes payment in full to the Board for that quota.
(10) Where a person leases organic chicken production quota the following applies:
(a) that person becomes the lessee of that quota;
(b) the lease of that quota expires on the last day of February following the year in which the lease was granted;
(c) the production of chicken under that quota must take place at the site and in the production facilities and premises that were specified in the application of that person;
(d) if the site and the production facilities and premises at which the production of the chicken under that quota takes place are sold, transferred, assigned, sub-leased or otherwise divided or disposed of, the lease of that quota is cancelled unless otherwise directed by the Board;
(e) all the chicken that is produced or that is authorized to be produced under that quota is to be produced and marketed during the term of that lease;
(f) in the case of any underproduction of chicken under that quota that is existing at the time of the termination of that lease, that underproduction is not eligible to be carried over and produced under any new lease of organic chicken production quota that is granted to that person;
(g) that person is not to market organic chicken that is in excess of the amount permitted to be marketed under that quota;
(h) notwithstanding clause (g), in the case of that person marketing chicken that is in excess of that which is permitted under that quota, that person must pay to the Board a levy that is equal to
(i) the current lease rate per kilogram for each kilogram of chicken that is marketed in excess of 100% but not in excess of 105%,
(ii) $0.44 a kilogram for each kilogram of chicken that is marketed in excess of 105% but not in excess of 110%, and
(iii) $0.88 a kilogram for each kilogram of chicken that is marketed in excess of 110%,
of the amount permitted to be marketed under that quota;
(i) the following provisions apply to that person as if that person were an authorized producer:
section 8;
section 9;
section 10;
section 35;
section 36;
section 37;
section 38;
section 40.
(11) The Organic Chicken Lease Program is subject to the following conditions:
(a) after the program has been in operation for 2 years, the Board is to present a report in respect of the program at the annual Board meeting that takes place following the conclusion of that 2nd year for the purposes of reviewing the program and its objective in assisting organic chicken producers in the initial development of a market for organic chicken;
(b) a person may only be granted leases of organic chicken production quota one year at a time for a maximum of 5 years;
(c) any site and production facilities and premises at which chicken are produced under an organic chicken production quota may only be used for that purpose for a maximum of 5 years;
(d) if the program is terminated by the Board before the conclusion of the 5-year period referred to in clauses (b) and (c), the maximum amount of time
(i) for which a person may be granted one year leases of organic chicken production quota, and
(ii) that a site and production facilities and premises may be used to produce chicken under an organic chicken production quota,
is restricted to that shorter period of time.
(12) For the purpose of this section, the Board may by resolution establish
(a) the lease price for organic chicken production quota, and
(b) the times within which applications for leases of organic chicken production quota are to be made to the Board and within which acceptance of offers to lease organic chicken production quota are to be given to the Board.
AR 118/2002 s3;35/2007
New market programs
28.2(1) In this section,
(a) "new market development quota" means a new market development quota as defined in section 28;
(b) "new market program" means a program referred to in section 28 that is established for the purposes of developing new markets;
(c) "period" means period as defined in section 28;
(d) "supply agreement" means an agreement between a processor and an authorized producer for the supply of chicken.
(2) Where, in respect of a new market program, the processor and an authorized producer enter into a supply agreement, the supply agreement, even though it is to be negotiated between processor and the producer, is not effective until
(a) the supply agreement has been approved by the Board, and
(b) the Board has approved a lease of new market development quota to the authorized producer for the purposes of supplying chicken under the supply agreement.
(3) When a supply agreement is entered between a processor and an authorized producer, either the producer or processor must submit the supply agreement to the Board and on considering the agreement the Board may do one or more of the following:
(a) approve the supply agreement;
(b) approve a lease of new market development quota to the producer;
(c) impose any conditions and issue any directions that the Board considers appropriate in respect of the supply agreement or lease of new market development quota;
(d) refuse to grant the approvals.
(4) Where an authorized producer has submitted a supply agreement entered into between the producer and a processor to the Board for approval, the Board must notify the producer and the processor
(a) as to whether the supply agreement and the lease of the new market development quota have been approved, and
(b) if the approvals have been granted, of the conditions or directions, if any, that have been imposed in respect of the approvals.
(5) The maximum amount of new market development quota that an authorized producer is eligible to lease under this section shall not exceed the amount of marketing quota that would be available to that producer if the utilization factor in effect for the period or periods covered by the lease were 100%.
(6) The lease rate and payment terms for a lease of new market development quota under this section is to be determined by the Board.
(7) If
(a) a processor fails to carry out a new market program in accordance with the program or any conditions imposed or directions given by the Board, the Board may revoke the approval granted in respect of the program;
(b) a processor or an authorized producer fails to comply with any of the provisions of an approved supply agreement or any conditions imposed or directions given by the Board, the Board may revoke the approval granted in respect of the supply agreement;
(c) an authorized producer fails to comply with any of the terms of the lease of new market development quota approved under this section or of any conditions imposed or directions given by the Board in respect of the lease, the Board may revoke the lease.
(8) Any application or submission made to the Board under this section must
(a) be in a form established or provided for, and
(b) contain the information required,
by the Board or that is otherwise acceptable to the Board.
(9) The Board may by resolution establish rules, procedures and policies respecting
(a) the making of applications or submissions under this section;
(b) the granting of approvals and the setting of conditions under this section or in respect of new market programs referred to in this section;
(c) the operation and administration of new market programs, supply agreements and new market development quotas referred to in this section.
(10) Repealed AR 153/2005 s2.
AR 290/2003 s5;153/2005
Division 3
Premises
Approved premises
29 Unless otherwise authorized in writing by the Board, no authorized producer shall market chicken other than that produced in the approved registered production facilities and premises for which the authorized quota was allocated.
Premises requirements
30 (1) Prior to the commencement of production, the authorized producer must register with the Board the production facilities and premises in which the production is to take place.
(2) If a person applies to register production facilities and premises with the Board, that person must provide to the Board
Division 4
Quota Limits and Dealing with Quota
Quota limit
31 (1) An individual, whether alone or through an interest in a corporation, partnership, unincorporated organization or group of individuals, shall not hold more than 5% of the total of all authorized quota allocated by the Board.
(2) Subject to subsection (3), a corporation, partnership, unincorporated organization or group of individuals shall not hold more than 10% of all authorized quota allocated by the Board.
(3) An individual shall not exceed directly or indirectly the limit established under subsection (1) through holdings in a corporation, partnership, unincorporated organization or group of individuals.
(4) No more than 10% of all authorized quota allocated by the Board may be produced at one production facility and premises.
(5) For the purpose of subsections (1) and (2), the amount of authorized quota must be determined as follows:
(a) the holding of authorized quota for an individual is the sum of
(i) the authorized quota held by that individual, and
(ii) the proportionate share of any authorized quota in which that individual has an ownership interest through a corporation or partnership or an unincorporated organization referred to in section 1(p)(ii) or group of individuals referred to in section 1(p)(iii),
and
(iii) any authorized quota in which the individual has an ownership interest as a lessee of quota;
(b) the holdings of a corporation or partnership or an unincorporated organization referred to in section 1(p)(ii) or group of individuals referred to in section 1(p)(iii) is the sum of
(i) the authorized quota held by that corporation, partnership, unincorporated organization or group of individuals,
(ii) the proportionate share of any authorized quota that the corporation, partnership, unincorporated organization or group of individuals holds through an ownership interest in another corporation, partnership, unincorporated organization or group of individuals, and
(iii) any authorized quota in which the corporation, partnership, unincorporated organization or group of individuals has an ownership interest as a lessee of quota.
(6) The Board shall not allocate, reallocate or approve the lease of any authorized quota if as a result of that allocation, reallocation or lease any person would hold quota in excess of that allowed under subsection (1) or (2).
(7) The restriction set forth in subsection (3) does not apply to
(8) If authorized quota is reallocated under subsection (7)(b), any subsequent allocation or reallocation, except a further reallocation under subsection (7)(b), is subject to subsections (1) to (4). AR 3/2000 s31;43/2004
Authorized quota reduction
32 The Board may reduce or cancel an authorized quota if the authorized producer to whom it is allocated or the person to whom it has been leased pursuant to section 33
(a) has failed to observe, perform or carry out the provisions of the Act, this Regulation or any order of the Council or the Board;
(b) is not utilizing or has voluntarily given up all or part of that producer's authorized quota or portion leased;
(c) has had that producer's or lessee's licence revoked or suspended;
(d) has not received the approval of the Board for any change of ownership interest in that producer if an authorized quota has been allocated or leased in the name of a company.
Lease of quota
33 (1) The Board may allow an authorized producer to lease all or part of that authorized producer's quota to
(2) An application to lease may be made on the basis of kilograms or quota units.
(3) An application to lease quota must
(a) be made in writing to the Board by the authorized producer,
(b) be endorsed by the proposed lessee,
(c) specify whether the lease is for a number of kilograms per production cycle or quota units per production cycle and provide details, and
(d) include any other information that the Board requires.
(4) If an authorization to lease is granted by the Board, the Board may make the authorization subject to those terms or conditions that the Board considers appropriate in the circumstances.
(5) If an approval for a lease of authorized quota has been granted by the Board to a person who is licensed as a lessee of quota, the following provisions apply to that person in the same manner as if that person were the authorized producer:
section 8;
section 9;
section 10;
section 15;
section 17;
section 23;
section 24;
section 26;
section 27;
section 28;
section 29;
section 30;
section 35;
section 36;
section 37;
section 38;
section 40.
(6) The authorized producer and lessee are
(a) jointly responsible for reducing the marketing of chicken in accordance with section 23(2), and
(b) jointly and severally liable for
(i) all service charges assessed under this Regulation,
(ii) all levies assessed under this Regulation, and
(iii) any judgment obtained in respect of service charges or levies assessed under this Regulation.
(7) If a lease is terminated and any reductions in the marketing of chicken imposed under section 23(2) are not completed, the remaining reductions in the marketing of chicken are the responsibility of
(a) the authorized producer who leased the quota to the lessee, if the lessee was not an authorized producer, and
(b) the lessee, if the lessee was an authorized producer.
(8) The Board shall not allow a lease of quota from an authorized producer to a lessee if
(9) Despite anything in this Regulation, none of the following permits a lessee to exercise the rights of a licensed producer under Part 2 or 3 of the Plan:
(a) any authorization granted by the Board authorizing a lessee to lease quota;
(b) a licence granted by the Board licensing a person to operate as a lessee of quota;
(c) a lease of quota to a lessee.
Permit
34 The Board may issue research permits for research purposes.
Records not available
35 If records are not available to the Board in respect of an authorized producer, that producer is deemed
(a) to have marketed the amount of chicken determined by multiplying the number of chicks delivered to that producer by the average weight of all chicken marketed in Alberta of the same weight category as determined by statistics derived from Agriculture Canada Poultry Market Report number 52, or the current successor to that Report, in the year prior to the year that the chicken was marketed, and
(b) to have marketed all of the chicken that grew out of chicks that were delivered to that producer within 3 months of the delivery of the chicks.
Division 5
Prohibitions
Processor
36 A processor shall not purchase chicken from any person other than an authorized producer or a processor.
Producer
37 An authorized producer shall not market chicken to any person other than a licensed processor or a consumer, unless the Board has granted permission in writing to that producer to do so.
Selling below minimum price
38 An authorized producer shall not market chicken at a price that is less than the minimum price that is established by the Board.
Purchasing below minimum price
39 A processor shall not purchase chicken for an amount that is less than the minimum price that is established by the Board.
Custom killing
40 A processor shall not in a calendar year custom kill more than 2000 chickens for any person other than an authorized producer.
Marketing re reduced weight
41 (1) On being advised in writing by the Board that pursuant to section 23 the Board has reduced the weight of chicken that an authorized producer is authorized to market, a processor shall not market any chicken in excess of the reduced weight of chicken, if any, that the producer is authorized to market unless the processor first obtains written permission from the Board to do so.
(2) If the Board grants permission for the purposes of subsection (1), the permission must be in writing and specify the terms on which the marketings can occur.
Part 3
Transitional Provisions, Repeals and Expiry
Quota continued
42 If immediately before the coming into force of this Regulation a person held a number of quota units of base quota, advanced quota or rock cornish chicken factor quota as defined in the Alberta Chicken Producers Marketing Regulation (AR 227/96), that person is deemed to hold the same number of quota units of authorized quota under this Regulation.
Licence continued
43 If, immediately prior to the coming into force of this Regulation, a person held a licence issued under the Alberta Chicken Producers Marketing Regulation (Alta. Reg. 227/96), that person continues to hold that licence under this Regulation and that person and the licence are subject to this Regulation.
Repeal
44 The Alberta Chicken Producers Marketing Regulation (Alta. Reg. 227/96) is repealed.
Expiry
45 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on May 31, 2012.AR 3/2000 s45;226/2004
Schedule
Form 1
Alberta Chicken Producers
(A) Licensed Producers
Return for Week Ending Saturday: ______________________
Date | Producer Name | Prod No | Barn Location | No. of Chicks Placed including Spares |
Town | Cornish | Broiler | Roaster |
 | . | | | | | |
| ..Total Placement by Licensed Producers: | | | |
| (Date) | (Hatchery) | (Location) | (Signature) |
Record Placement of all Licensed Persons ________________________
(B) Non-Licensed Persons
Return for Week Ending Saturday: ______________________________
Date | Producer Name | Address | Barn Location | No. of Chicks Placed including Spares |
Town | Cornish | Broiler | Roaster |
| . | . | | | | | |
| ..Total of all Chicks Placed with Non-Licensed Producers: | | | |
| (Date) | (Hatchery) | (Location) | (Signature) |
Record Placement of all Non-Licensed Persons __________________________
Form 2
Alberta Chicken Producers
Processor's Report
Return for Week Ending Saturday: ____________________
Service Charge is ____________________ /kg
| (Date) | (Name of Processor) | (Signature) | (Amount of Cheque) |
Form 3
Alberta Chicken Producers
Declaration Regarding Custom Kill
1. I, (Name of Producer) _____________________ of (Address) _____________________ , Alberta (Postal Code) , certify that I do NOT hold a subsisting producer's licence.
2. I also certify that the (number) _____________________ head of chicken being processed on a custom kill basis and weighing ___________ kilograms live will be used for personal consumption by me and my immediate family.
_______________________________________
(Processor Name)
_______________________________________
(Date of Processing)
_______________________________________
Signature of Producer or Producer Representative
Form 4
Alberta Chicken Producers
Producer's Marketing Report Form
I, (Name of Producer) _____________________, (Producer No.) _____________________ of (Address) _____________________ Alberta (Postal Code) _____________________ , submit the following information concerning the sale of chicken
Date | Buyer's
Name | Buyer's
Address | Age of
Birds | Number
of Birds | Live Weight
in Kg |
| . | | | | | |
Totals: | | |
Total Estimated Weight: ______________ kgs.
x _________________ current service charge
= _________________ money owing to the Board.
Note:
a. This form is to be completed for all chicken marketed to persons other than licensed processors.
b. All forms must be forwarded to the Board (the Alberta Chicken Producers) with the appropriate service charge within 7 days of the sale.
For more information about this regulation, contact Mike Pearson.
Other Regulations for the Marketing of Agricultural Products Act
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