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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 1174/96

CONSOLIDATED NEWFOUNDLAND REGULATION 1174/96

Newfoundland Chicken Marketing Board Quota Regulations
under the
Newfoundland Chicken Marketing Scheme
and
Natural Products Marketing Act
(O.C. 96‑940)

Under the authority of subparagraph 5(1)(b)(xi) of the Newfoundland Chicken Marketing Scheme, the Natural Products Marketing Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations.

REGULATIONS

Analysis


        1.   Short title

        2.   Non‑application

        3.   Entitlement to quota

        4.   Effective period

        5.   Quota

        6.   Marketing restrictions

        7.   Maximum quota

        8.   Priority of producers

        9.   Quota transfer

      10.   Approval of transfer

      11.   Cancellation of transferred quota

      12.   Reissuance of quota

      13.   Inspection of premises

      14.   Cancellation of quota

      15.   Review of regulations

      16.   Repeal


Short title

        1. These regulations may be cited as the Newfoundland Chicken Marketing Board Quota Regulations.

39/84 s1

Non‑application

        2. These regulations do not apply to a producer who owns less than 100 broiler chicken.

39/84 s2

Entitlement to quota

        3. A producer is not entitled to a quota unless the board has issued to him or her a registration number and quota certificate.

39/84 s3

Effective period

        4. A quota certificate shall remain in force for the period specified on the quota certificate unless revoked earlier.

39/84 s4

Quota

        5. The quota assigned to a producer shall be the total number of kilograms of chicken, live weight, which is stated on the producer's quota certificate.

39/84 s5

Marketing restrictions

        6. (1) A producer, unless he or she is a producer who owns less than 100 broiler chicken, shall not market chicken in the province unless a quota certificate has been issued to him or her by the board.

             (2)  A producer shall not market chicken in interprovincial trade unless a quota has been assigned to him or her by the board.

39/84 s6

Maximum quota

        7. The maximum quota that may be held by a producer shall be limited to the maximum capacity of 5 killing days per flock at Newfoundland Farm Products Corporation.

39/84 s7

Priority of producers

        8. Present producers may be given the opportunity to be brought up to the maximum quota before a new producer may be issued a quota.

39/84 s8

Quota transfer

        9. A quota shall not be transferred without the prior approval of the commodity board.

147/84 s1

Approval of transfer

     10. The board may refuse to approve the transfer of a quota upon the sale of production facilities where those facilities are, in the opinion of the board, not adequate for the continued regular and normal production and marketing of broiler chickens.

39/84 s10

Cancellation of transferred quota

     11. Where a transfer of quota takes place and a section of these regulations has been violated, the board may in its discretion cancel a quota so transferred and the quota shall revert to the board.

39/84 s11

Reissuance of quota

     12. Where a quota for the marketing of chicken reverts to the board, a portion of the quota that the board considers reasonable in the circumstances may be set aside for subsequent reissue to the new producer or reallocated to broiler producers where it can be established that the producer's quota is too small to ensure the reasonable viability of his or her production units.

39/84 s12

Inspection of premises

     13. The board or its duly authorized representatives reserve the right to visit and inspect a producer's premises and to carry out an investigation which may be necessary to verify information given by the applicant.

39/84 s13

Cancellation of quota

     14. If a registered producer

             (a)  fails to submit to the board at the end of each month a report on birds produced and marketed;

             (b)  fails to produce and market in a volume consistent with his or her quota; or

             (c)  violates other provisions of the regulations,

his or her quota shall be cancelled and revert to the board without protest.

131/84 s1

Review of regulations

     15. The board may review these regulations at a regular meeting of the board to determine whether or not changes or modifications are required.

39/84 s15

Repeal

      16. The Newfoundland Chicken Marketing Board Quota Regulations, 1984, Newfoundland Regulation 39/84, are repealed.