R.R.O. 1990, Reg. 397: BROILER HATCHING EGGS AND CHICKS - PLAN

Farm Products Marketing Act
Loi sur la commercialisation des produits agricoles

R.R.O. 1990, REGULATION 397

Amended to O. Reg. 357/01

BROILER HATCHING EGGS AND CHICKS — PLAN

Historical version for the period September 12, 2001 to April 26, 2006.

This Regulation is made in English only.

1. The plan in the Schedule is established for the control and regulation of the producing and marketing within Ontario of breeder chicks, breeder cockerels, breeder hens, breeder pullets, chicks, fowl and hatching eggs. R.R.O. 1990, Reg. 397, s. 1.

2. The local board named in the Schedule is given the powers set out in subsection 15 (1), paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 26 of subsection 15 (2) and sections 50 and 110 of the Co-operative Corporations Act. R.R.O. 1990, Reg. 397, s. 2.

3. The members of the local board shall be deemed to be the shareholders and directors thereof in the exercise of any of the powers mentioned in section 2. R.R.O. 1990, Reg. 397, s. 3.

SCHEDULE
PLAN

Farm Products Marketing Act

1. This plan may be cited as the “Ontario Broiler Hatching Egg and Chick Marketing Plan”.

2. In this plan,

“breeder chick” means a chick other than a chick not intended to be used for producing hatching eggs;

“breeder cockerel” means a cockerel other than a cockerel not used for breeding purposes for hatching eggs;

“breeder hen” means a hen other than a hen not used for producing hatching eggs;

“breeder pullet” means a pullet that is less than twenty-four weeks of age other than a pullet not intended to be used for producing hatching eggs;

“broiler breeder producer” means a producer of breeder chicks, breeder cockerels or breeder pullets;

“chick” means a chick other than a chick not intended to be grown into a chicken as defined in Regulation 403 of the Revised Regulations of Ontario, 1990;

“Egg and Chick Commission” means the Ontario Broiler Hatching Egg and Chick Commission established under section 4;

“fowl” means a breeder hen or breeder cockerel that is twenty-four weeks of age or older;

“hatching egg” means an egg other than an egg not intended to be hatched as a chick.

3. This plan provides for the control and regulation in any or all respects of the producing and marketing within Ontario of breeder chicks, breeder cockerels, breeder hens, breeder pullets, chicks, fowl and hatching eggs, including the prohibition of such producing and marketing in whole or in part.

4. There shall be a local board to be known as the “Ontario Broiler Hatching Egg and Chick Commission”.

5. (1) The Egg and Chick Commission shall be composed of nine members appointed in accordance with this section.

(2) On or before December 31 in each year, the Ontario Broiler Chicken Hatching Egg Producers’ Association shall appoint four persons to be members of the Egg and Chick Commission.

(3) At least three of the four persons appointed under subsection (2) shall hold a licence as a producer of hatching eggs or be an officer or employee of such a licence holder.

(4) The fourth person appointed shall,

(a) hold a licence as a producer of hatching eggs or be an officer or employee of such a licence holder; or

(b) hold a licence as a broiler breeder producer or be an officer or employee of such a licence holder.

(5) On or before December 31 in each year, the Ontario Hatcheries Association shall appoint four persons to be members of the Egg and Chick Commission.

(6) All of the persons appointed under subsection (5) shall hold a licence to operate a hatchery or be an officer or employee of such a licence holder.

(7) The eight members appointed under subsections (2) to (6) shall hold office from January 1 to December 31 in the year following their appointment.

(8) At their first meeting after January 1 in a year, the eight members shall appoint a ninth member as chair of the Egg and Chick Commission, who shall hold office until December 31 in the year.

(9) The members of the Egg and Chick Commission may elect from among themselves one or more vice-chairs.

6. (1) If a member appointed by the Ontario Broiler Chicken Hatching Egg Producers’ Association under subsection 5 (2) dies, resigns or for some other reason becomes unavailable to act before his or her term has expired, the Association may appoint another person to fill the vacancy for the unexpired term in accordance with subsections (2) and (3).

(2) If the person who is unavailable to act was appointed as a member under subsection 5 (2) and the remaining members include a holder of a licence as a broiler breeder producer or an officer or employee of such a licence holder, the Association may appoint a holder of a licence as a hatching egg producer or an officer or employee of such a licence holder to fill the vacancy.

(3) If the person who is unavailable to act was appointed as a member under subsection 5 (2) and the remaining members do not include a holder of a licence as a broiler breeder producer or an officer or employee of such a licence holder, the Association may appoint a person to fill the vacancy who is,

(a) a holder of a licence as a hatching egg producer or an officer or employee of such a licence holder; or

(b) a holder of a licence as a broiler breeder producer or an officer of employee of such a licence holder.

(4) If a member appointed by the Ontario Hatcheries Association under subsection 5 (5) dies, resigns or for some other reason becomes unavailable to act before his or her term has expired, the Association may appoint another person to fill the vacancy for the unexpired term in accordance with subsection 5 (6).

(5) If the chair dies, resigns or for some other reason becomes unavailable to act before his or her term has expired, the remaining members of the Egg and Chick Commission may appoint a person to fill the vacancy for the unexpired term.

7. (1) If an association fails to make an initial appointment under subsection 5 (2) or (5) within two weeks of the time the right to appoint arises, the Egg and Chick Commission shall apply the rules set out in subsections 5 (3), (4) and (6) to make the appointment.

(2) If the Ontario Broiler Chicken Hatching Egg Producers’ Association fails to appoint a person to replace a person initially appointed under subsection 5 (2) within two weeks of the time the right to appoint arises, the Egg and Chick Commission shall apply the rules set out in subsections 6 (3) and (4) to fill the vacancy.

(3) If the Ontario Hatcheries Association fails to appoint a person to replace a person initially appointed under subsection 5 (5) within two weeks of the time the right to appoint arises, the Egg and Chick Commission shall apply the rules set out in subsection 5 (6) to fill the vacancy.

8. If the Egg and Chick Commission fails to make an appointment under subsection 5 (8) or 6 (5) within two weeks of the time its right to appoint arises, the Commission shall make the appointment.

9.-12. Revoked: O. Reg. 357/01, s. 1 (2).

R.R.O. 1990, Reg. 397, Sched.; O. Reg. 357/01, s. 1.