Vol. 141, No. 18 — September 5, 2007

Registration
SOR/2007-196 August 23, 2007

FARM PRODUCTS AGENCIES ACT

Proclamation Amending the Canadian Broiler Hatching Egg Marketing Agency Proclamation

MICHAËLLE JEAN

[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.

To all to whom these presents shall come or whom the same may in any way concern,

Greeting:

JOHN H. SIMS
Deputy Attorney General

A proclamation

Whereas the Governor in Council, pursuant to subsection 16(1) of the Farm Products Agencies Act, by the Canadian Broiler Hatching Egg Marketing Agency Proclamation, established the Canadian Broiler Hatching Egg Marketing Agency;

Whereas paragraph 17(1)(a) of that Act provides that that Proclamation shall designate the farm products in relation to which that Agency may exercise its powers;

Whereas that Agency is authorized by that Proclamation to exercise its powers in relation to broiler hatching eggs and chicks produced in the Provinces of Ontario, Quebec, Manitoba, British Columbia and Alberta for chicken production and marketed in interprovincial or export trade and in relation to broiler hatching eggs and chicks produced in the Provinces of Nova Scotia, New Brunswick, Prince Edward Island, Saskatchewan and Newfoundland and Labrador, Yukon and the Northwest Territories for chicken production and shipped into the Provinces of Ontario, Quebec, Manitoba, British Columbia and Alberta in interprovincial trade and not for export;

Whereas, pursuant to that Proclamation, that Agency is not, in relation to chicks produced for chicken production, authorized to exercise its powers pursuant to section 22 of that Act, save and except to make such orders and regulations as it considers necessary in relation to the implementation of a quota system for persons engaged in the marketing of chicks produced in a non-signatory province and marketed into a signatory province, and in relation to the establishment of a system for the licensing, for information purposes, of persons engaged in the marketing of chicks produced for chicken production and for the deduction of levies or charges imposed on broiler hatching egg producers;

Whereas paragraph 17(2)(d) of that Act provides that the Governor in Council may, by proclamation, change the name of an agency;

Whereas the Governor in Council deems it appropriate to amend the Canadian Broiler Hatching Egg Marketing Agency Proclamation to change the name of that Agency to Canadian Hatching Egg Producers;

Whereas paragraph 17(2)(e) of that Act provides that the Governor in Council may, by proclamation, decrease the number of members of that Agency;

Whereas, pursuant to the Federal-Provincial Agreement with respect to the establishment of a comprehensive broiler hatching egg marketing program in Canada, the Province of Alberta has withdrawn from that Agency;

Whereas the Commodity Boards for the Provinces of Ontario and Quebec have amended their names;

Whereas the Manitoba Broiler Hatching Egg Commission was dissolved by the Government of Manitoba and the Commission's regulatory authorities and administrative responsabilities vested in Manitoba Chicken Producers;

And whereas, by Order in Council P.C. 2007-1154 of July 31, 2007, the Governor in Council directed that a proclamation do issue amending the Canadian Broiler Hatching Egg Marketing Agency Proclamation, in accordance with the annexed schedule.

Now know you that We, by and with the advice of Our Privy Council for Canada and pursuant to Order in Council P.C. 2007-1154 of July 31, 2007, do by this Our proclamation amend the Canadian Broiler Hatching Egg Marketing Agency Proclamation, in accordance with the annexed schedule.

Of all which Our loving subjects and all others whom these presents may concern are hereby 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 hereunto affixed. Witness: Our Right Trusty and Well-beloved Michaëlle Jean, 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-third day of August in the year of Our Lord two thousand and seven and in the fifty-sixth year of Our Reign.

By Command,

RICHARD DICERNI
Deputy Registrar General of Canada

SCHEDULE

1. The third to the seventh paragraphs of the Canadian Broiler Hatching Egg Marketing Agency Proclamation (see footnote 1) are replaced by the following:

Now know you that We, by and with the advice of Our Privy Council for Canada, do by this Our proclamation establish an agency, to be known as Canadian Hatching Egg Producers, consisting of five members appointed in the manner and for the terms set forth in the schedule hereto.

And know you further that We are pleased to specify that the farm products in relation to which Canadian Hatching Egg Producers may exercise its powers are broiler hatching eggs and chicks produced for chicken production, and such powers may be exercised in relation to

(a) broiler hatching eggs and chicks produced in the Provinces of Ontario, Quebec, Manitoba and British Columbia for chicken production and marketed in interprovincial or export trade; and

(b) broiler hatching eggs and chicks produced for chicken production in the Provinces of Nova Scotia, New Brunswick, Prince Edward Island, Saskatchewan, Alberta and Newfoundland and Labrador, the Northwest Territories and Yukon and Nunavut and shipped into the Provinces of Ontario, Quebec, Manitoba and British Columbia in interprovincial trade and not for export.

And know you further that We are pleased to specify that Canadian Hatching Egg Producers shall not, in relation to chicks produced for chicken production, be authorized to exercise its powers pursuant to section 22 of the Farm Products Agencies Act, save and except to make such orders and regulations as it considers necessary

(a) to implement a quota system for persons engaged in the marketing of chicks produced in the Provinces of Nova Scotia, New Brunswick, Prince Edward Island, Saskatchewan, Alberta or Newfoundland and Labrador, the Northwest Territories or Yukon or Nunavut for chicken production and marketed in the Provinces of Ontario, Quebec, Manitoba and British Columbia;

(b) to establish a system for the licensing, for information purposes, of persons engaged in the marketing of chicks produced for chicken production; and

(c) to require a person engaged in the marketing of chicks produced for chicken production to deduct, from any amount payable by the person to a broiler hatching egg producer, any levies or charges payable to Canadian Hatching Egg Producers by the producer and to remit all amounts so deducted to Canadian Hatching Egg Producers.

And know you further that We are pleased to specify that the manner of designation of the chairman and vice-chairman of Canadian Hatching Egg Producers, the place within Canada where the head office of Canadian Hatching Egg Producers is situated and the terms of the marketing plan that Canadian Hatching Egg Producers is empowered to implement shall be as set forth in the schedule hereto.

And know you further that We are pleased to specify that this Proclamation and the schedule hereto may be cited as the Canadian Hatching Egg Producers Proclamation.

2. The definitions "Agency", "Commodity Board", "non-signatory provinces" and "signatory provinces" in section 1 of the schedule to the Proclamation are replaced by the following:

"Agency" means Canadian Hatching Egg Producers; (Office)

"Commodity Board" means, in respect of the Province of

(a) Ontario, the Ontario Broiler Hatching Egg & Chick Commission,

(b) Quebec, le Syndicat des producteurs d'œufs d'incubation du Québec

(c) Manitoba, Manitoba Chicken Producers, and

(d) British Columbia, the British Columbia Broiler Hatching Egg Commission; (office provincial de commercialisation)

"non-signatory provinces" means the Provinces of Nova Scotia, New Brunswick, Prince Edward Island, Saskatchewan, Alberta and Newfoundland and Labrador, the Northwest Territories and Yukon and Nunavut; (provinces non signataires)

"signatory provinces" means the Provinces of Ontario, Quebec, Manitoba and British Columbia. (provinces signataires)

3. (1) Paragraphs 2(2)(a) and (b) of the schedule to the Proclamation are replaced by the following:

(a) the Commodity Board of each signatory province shall appoint one member, who is a resident of that province, from among those of the Commodity Board's directors who are actively engaged in the production of broiler hatching eggs and, where that member is involved in the setting of broiler hatching eggs in incubators, the hatchery of that member shall be licensed by the Provincial Commodity Board that is authorized to license or, in the case of the Province of Quebec, shall be covered by an association of hatcheries accredited by that Province's Supervisory Board;

(b) where there are four or fewer provincial commodity board members, the Canadian Hatchery Federation shall appoint one person as a member who is a resident of Canada; and

(c) where there are five or more provincial commodity board members, the Canadian Hatchery Federation shall appoint two persons as members who are residents of Canada, one of whom shall represent the region west of the Ontario-Manitoba border and one of whom shall represent the region east of the Ontario-Manitoba border.

(2) Section 2 of the schedule to the Proclamation is amended by adding the following after subsection (2):

(2.1) Persons appointed under paragraph (2)(b) or (c) shall be from a hatchery that is located in a signatory province and shall be experienced in the business or trade of the hatching of chicks for chicken production. The persons shall be active members of the staff of the hatchery and shall not be employed by the same business entity or corporate family. In each case the hatchery must be licensed by the Commodity Board where the province's Commodity Board is authorized to license or, in the case of the Province of Quebec, shall be covered by an association of hatcheries accredited by that Province's Supervisory Board.

4. The table to section 5 of the schedule to the Proclamation is replaced by the following:

TABLE

Province	Total Number of Broiler Hatching Eggs
Ontario	109,871,351
Quebec	102,350,032
Nova Scotia	10,588,592
New Brunswick	14,808,161
Manitoba	14,567,564
British Columbia	38,653,284
Prince Edward Island	625,402
Saskatchewan	9,091,518
Alberta	44,610,485
Newfoundland and Labrador	24,056
Yukon	0
Northwest Territories	0
Nunavut	0

5. The table to section 6.1 of the schedule to the Proclamation is replaced by the following:

TABLE

Province or Area	Total Number of Chicks
Atlantic Provinces	172,702
Saskatchewan	103,367
Alberta	218,079
Yukon	0
Northwest Territories	0
Nunavut	0

Footnote 1

SOR/87-40

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