Alberta Chicken Producers Marketing Regulation (Alta. Reg. 3/2000)

Alta. Reg. 3/2000

Alberta — Regulations

© Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: kings-printer@gov.ab.ca Shop on-line at kings-printer.alberta.ca Province of Alberta Office Consolidation Alberta Regulation 3/2000 With amendments up to and including Alberta Regulation 83/2025 Current as of April 30, 2025 MARKETING OF AGRICULTURAL PRODUCTS ACT ALBERTA CHICKEN PRODUCERS MARKETING REGULATION

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Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.

(Consolidated up to 83/2025) ALBERTA REGULATION 3/2000 Marketing of Agricultural Products Act ALBERTA CHICKEN PRODUCERS MARKETING REGULATION Table of Contents

Part 1 General 1

Definitions 2 Ownership interests 3 Prohibition 3.1 Animal Care Program Policy 4 Application for licence 5 Issue, renewal or refusal of licence 6 Licence to operate as lessee 7 Suspension or cancellation of licence 8 Duty to keep records 9 Reports and information to be provided 1 0 Service charge

Part 2 Marketing Division 1 Quota 1 1 Authorized quota, etc. or permit required 1 2 Minimum price 1 3 Base quota increases or deceases 1 5 Marketing quota calculation 1 6 Marketing quota change 1 7 Production cycle 1 8 Authorized quota reallocation 1 9 Communal group production quota 2 0 Financial interest in premises 2 1 Authority of Board 2 2 Appointment of attorney

AR 3/2000 ALBERTA CHICKEN PRODUCERS MARKETING REGULATION 2 Division 2 Variation from Authorized Marketing 23.01 Marketing in excess of o r less than marketing quota 2 3 Marketing in excess of marketing quota 2 4 Marketing less than marketing quota 2 5 Establishment of period fo r marketing correction 2 6 Late or early marketings Division 3 Premises 2 9 Approved premises 3 0 Premises requirements Division 4 Quota Management and Special Marketing Programs 3 1 Quota limit 31.1 Minimum quota requirements 3 2 Authorized quota reduction 3 3 Lease of quota 33.1 Special marketing programs 3 4 Permit 3 5 Records not available Division 5 Prohibitions 3 6 Processor 3 7 Producer 3 8 Selling below minimum price 3 9 Purchasing below minimum price 4 0 Custom killing 4 1 Marketing re reduced weight

Part 3 Transitional Provisions, Repeals and Expiry 4 2 Quota continued 4 3 Licence continued 43.1 Special marketing program lease continued 4 4 Repeal 4 5 E x p i r y

Section 1 AR 3/2000 ALBERTA CHICKEN PRODUCERS MARKETING REGULATION 3

Part 1 General

Definitions 1 In this Regulation, (a) “Animal Care Program” mean s the program known as the Animal Care Program as approved or varied from time to time by the Chicken Farmers of Canada and approved by the Board under

section 3.1; (a.1) “Animal Care Program Policy” means the policy established by the Board under

section 3.1; (a.2) “authorized produ cer” means a person who (

i) holds a licence authorizing the person to market chicken, and (ii) has been allocated auth orized quota in accordance with

Part 1 or

Part 2 of this Regulation; (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 th at is marketed at a live weight that is greater than 1.4 kilograms and less than 2.7 kilograms; (d.1) “broker” means a person who brings parties together and assists in negotiating contracts between the parties; (e) “chick” means a chicken t hat 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; (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

Section 1 AR 3/2000 ALBERTA CHICKEN PRODUCERS MARKETING REGULATION 4 (iii) the members devote their working lives to the activities of the communal group; (h) “communal group productio n 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 Alb erta Agricultural Products Marketing Council; (k) “custom kill” means processi ng by a processor of chicken owned by a person, other than the processor, on a fee for services basis; (l) “family”, in respect of an individual, includes the individual’s spouse, adult interdependent partner, child, parent, sibling, grandparent, grandchild, son-in-law, daughter-in-law, father-in-law, mother-in-law, sister-in-law or brother-in-law; (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, or other eligible applicant in the case of a special marketing program established under

section 33.1, is authorized to market in a production cycle; (

o) repealed AR 83/2010 s2; (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

Section 2 AR 3/2000 ALBERTA CHICKEN PRODUCERS MARKETING REGULATION 5 partnership referred to in subclause (

i) nor an unincorporated organization referred to in subclause (ii); (q) “Plan” means the Alberta Chicken Producers Plan that is amended and continued under

section 3 of the Alberta Chicken Producers Plan Regulation (AR 110/2023); (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 th e period of time to which a quota is applied, as established by resolution of the Board; (u) “production facilities and pr emises” 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 chicken production quota, expressed in kilograms of live weight chicken, that may be allocated or reallocated by the Board; (w) “research permit” means th e 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 2.7 kilograms; (

z) repealed AR 223/2012 s2; (aa) “site plan” means a drawi ng or aerial photo 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;83/2010;128/2011; 223/2012;188/2021;83/2025 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;

Section 3 AR 3/2000 ALBERTA CHICKEN PRODUCERS MARKETING REGULATION 6 (

b) owns shares in a corporatio n that has a legal or equitable interest in authorized quota; (

c) owns any shares in a corpor ation that is affiliated with another corporation that has a legal or equitable interest in authorized quota; (

d) is owned by a person that h as 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 corpora tion 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 cor poration 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

Section 3.1 AR 3/2000 ALBERTA CHICKEN PRODUCERS MARKETING REGULATION 7 Animal Care Program Policy 3.1 The Board may (

a) approve the Animal Care Program developed by the Chicken Farmers of Canada and require authorized producers to comply with it, and (

b) establish an Animal Care Program Policy for the purpose of administering the Animal Care Program in Alberta. AR 128/2011 s3 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 chicke n as an authorized producer; (

c) a licence to process chicken; (

d) a licence to lease quota. (

e) a licence to act as a brok er for unlicensed producers producing chicken under an exemption provided for under the Plan.

(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 established by the Board.

(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;81/2018;83/2025

Section 5 AR 3/2000 ALBERTA CHICKEN PRODUCERS MARKETING REGULATION 8 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, (

c) fails to comply with any technical requirements under the On-Farm Food Safety Assurance Program, or (

d) fails to comply with any technical requirements under the Animal Care 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 end orsement 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;128/2011 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

Section 7 AR 3/2000 ALBERTA CHICKEN PRODUCERS MARKETING REGULATION 9 (

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, (iii) fails to comply with a ny technical requirements under the On-Farm Food Safety Assurance Program, or (iv) fails to comply with any technical requirements under the Animal Care Program, o r (

b) for any other reason not ref erred 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 no tice of the suspension or cancellation, immediately cease engaging in the activity authorized by the licence, and

Section 8 AR 3/2000 ALBERTA CHICKEN PRODUCERS MARKETING REGULATION 10 (

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) Despite subsection (1)(a)(iii) and (iv), 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 or the Animal Care 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;128/2011;223/2012 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 Bo ard, make the records and documents available for inspection.

Section 9 AR 3/2000 ALBERTA CHICKEN PRODUCERS MARKETING REGULATION 11 Reports and information to be provided 9(1) Reports and information submitted under this

section and

section 10 must be in the form prescribed by or that is otherwise acceptable to the Board and must include the information required by the Board.

(2) A hatchery must, for each week during which chicks are placed, prepare a report on Friday regarding the number and categories of chicks placed and submit the report to the Board office no later than Wednesday of the following week.

(3) A processor must, (

a) for each week during which chicken is processed, prepare a report on Friday regarding the amount and categories of chicken processed and submit the report to the Board office no later than Wednesday of the following week, and (

b) at the end of each day during which chickens are custom killed, prepare a report regarding the amount and categories of chicken custom killed and submit the report to the Board office within 15 days.

(4) An authorized producer must, (

a) for each week during which chicks are received other than from a hatchery licensed by the Board, prepare a report regarding the number and categories of chicks received and submit the report to the Board office no later than Friday of the following week, (

b) for each week during which chicken is marketed by the producer to a person other than a processor, prepare a report on Friday regarding the sale, the categories and the amount of chicken sold and submit the report to the Board office no later than Wednesday of the following week, and (

c) in the case of live chickens being transferred from one location to another, prepare a report of the number of chickens transferred along with the legal land description of the locations from and to which the chickens are transferred, and submit the report to the Board office within 48 hours of the chickens being transferred.

(5) Repealed AR 223/2012 s4.

(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:

Section 10 AR 3/2000 ALBERTA CHICKEN PRODUCERS MARKETING REGULATION 12 (

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 chick en 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. AR 3/2000 s9;223/2012;81/2018 Service charge 10(1) The service charge to be paid by an authorized producer shall be (

a) prescribed by the Board in an amount per kilogram of live weight of chicken marketed, and; (b) $0.021 per kilogram of liv e weight of chicken, until otherwise prescribed.

(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) submit an accounting for th e service charge to the Board office, along with the report required by

section 9(3)(a).

(3) An authorized producer who markets chicken to a person other than a processor must (

a) pay the service charge refe rred to in subsection (1) to the Board, and (

b) submit an accounting for th e service charge to the Board office, along with the report required by

section 9(4)(b).

(3.1) Interest shall be paid on unpaid services charges at the rate prescribed by the Board.

Section 11 AR 3/2000 ALBERTA CHICKEN PRODUCERS MARKETING REGULATION 13

(4) A service charge, and the interest prescribed in accordance with subsection (3.1), are debts 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;65/2008;223/2012; 83/2025

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; (

f) a lease of quota approved by the Board in accordance with a special marketing program established under

section 33.1. AR 3/2000 s11;223/2012;188/2021 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 or decreases 13 When the Board considers that general marketing conditions warrant a permanent increase or decrease in base quota, that

Section 15 AR 3/2000 ALBERTA CHICKEN PRODUCERS MARKETING REGULATION 14 increase or decrease must be allocated by the Board according to Council and Board policy. AR 3/2000 s13;81/2018 14 Repealed AR 223/2012 s7. 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 un its that are allocated to an authorized producer by the conversion factor established by the Board by resolution, (

b) then multiplying the produc t 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 conversion factor may not be established for each individual producer but a conversion factor must be established that is generally applicable to all producers. AR 3/2000 s15;223/2012 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 cy cle to a broiler cycle established under subsection (1), or

Section 18 AR 3/2000 ALBERTA CHICKEN PRODUCERS MARKETING REGULATION 15 (

b) from a broiler cycle to a r oaster 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 established by the Board 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

Section 19 AR 3/2000 ALBERTA CHICKEN PRODUCERS MARKETING REGULATION 16 (

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 rea llocation to a person within the family.

(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 (

a) a publicly traded company listed on a recognized stock exchange, or (

b) a co-operative that h as more than 200 members. AR 3/2000 s18;124/2003;223/2012;81/2018 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 o f the communal group, or (

b) marketed to consumers from (

i) the land referred to in subsection (2)(b),

Section 19 AR 3/2000 ALBERTA CHICKEN PRODUCERS MARKETING REGULATION 17 (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 March 1 of each year.

(5) If the annual service charge is not paid by March 1 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. AR 83/2025 s5

Section 20 AR 3/2000 ALBERTA CHICKEN PRODUCERS MARKETING REGULATION 18 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 signed 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 notify the mortgagee of any application to reallocate all or any part of the authorized quota to which the registration applies.

(4) The Board shall not approve the reallocation 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.

(5) Only one financial interest may be registered in respect of an authorized quota.

(6) The Board shall not register a financial interest if there is an appointment of attorney registered under

section 22 in respect of a person who has loaned money to an authorized producer. AR 3/2000 s20;223/2012;81/2018;83/2025 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 w ho 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;

Section 22 AR 3/2000 ALBERTA CHICKEN PRODUCERS MARKETING REGULATION 19 (

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 autho rized quota, or (

b) on written application by t he 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 any of the following unless the person appointed as the attorney provides written consent to the same: (

a) cancellation and reallocation of the authorized quota specified in the appointment of attorney; (

b) transfer of an ownership interest in the authorized quota specified in the appointment of attorney. AR 83/2025 s7

Section 23.01 AR 3/2000 ALBERTA CHICKEN PRODUCERS MARKETING REGULATION 20 Division 2 Variation From Authorized Marketing Marketing in excess of or less than marketing quota 23.01(1) For the purposes of this Part, “production sleeve” means an amount of production expressed as a percentage of marketing quota, and includes an under-production sleeve, which means a specified percentage less than 100% of the marketing quota allocated to a producer, and an over-production sleeve, which means a specified percentage in excess of 100% of the marketing quota allocated to a producer.

(2) The Board may establish production sleeves and amend them from time to time as necessary for the purpose of regulating variations from authorized quotas, responding to market changes in a timely manner and assisting in the achievement of 100% quota utilization. AR 128/2011 s6 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) $0.44 per kilogram for each kilogram of chicken marketed in excess of the lower limit of the over-production sleeve but less than the upper limit of the over-production sleeve established by the Board pursuant to

section 23.01, and (b) $0.88 per kilogram for each kilogram of chicken marketed in excess of the upper limit of the over-production sleeve established by the Board pursuant to

section 23.01.

(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.

Section 24 AR 3/2000 ALBERTA CHICKEN PRODUCERS MARKETING REGULATION 21

(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 interest on the levy at a rate established by the Board.

(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. AR 3/2000 s23;83/2010;128/2011;81/2018 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 (

a) the marketing deficit, or (

b) the under-production sleeve established by the Board pursuant to

section 23.01 multiplied by the producer’s marketing quota in effect at the time of the marketing deficit. AR 3/2000 s24;128/2011 Establishment of period for marketing correction 25 The Board must establish by resolution when (

a) reductions in marketings are to occur for the purpose of

section 23(2), and (

b) increases in marketings are to occur for the purpose of

section 24. 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 r esulted 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.

Section 29 AR 3/2000 ALBERTA CHICKEN PRODUCERS MARKETING REGULATION 22 27 Repealed AR 83/2010 s5. 28 to 28.2 Repealed AR 223/2012 s11. 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 (

a) a copy of the current cer tificate of title for the land on which the production facilities and premises are located, (

b) a site plan, and (

c) any other information that the Board requires. Division 4 Quota Management and Special Marketing Programs 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.

Section 31 AR 3/2000 ALBERTA CHICKEN PRODUCERS MARKETING REGULATION 23

(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, (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), a n d (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 (

a) the ownership inter est of a producer in

Section 31.1 AR 3/2000 ALBERTA CHICKEN PRODUCERS MARKETING REGULATION 24 (

i) a publicly traded company listed on a recognized stock exchange, or (ii) a co-operative that h as more than 200 members; (

b) the reallocation of quota t o a person under a will or under the Wills and Succession Act.

(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;31/2012;81/2018 Minimum quota requirements 31.1(1) An authorized producer is required to hold a minimum of 100 units of authorized quota.

(2) For the purpose of subsection (1), 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 that is held by that individual, (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 authorized quota 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

Section 32 AR 3/2000 ALBERTA CHICKEN PRODUCERS MARKETING REGULATION 25 (iii) any authorized quota in which the corporation, partnership, unincorporated organization or group of individuals has an ownership interest as a lessee of quota.

(3) 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 less quota than that required under subsection (1).

(4) The restriction set forth in subsection (3) does not apply to the reallocation of quota to a person under a will or under the Wills and Succession Act.

(5) If authorized quota is reallocated under subsection (4), any subsequent allocation or reallocation, except a further reallocation under subsection (4), is subject to subsection (1). AR 81/2018 s9 Authorized quota reduction 32(1) 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 o f that producer’s authorized quota or portion leased; (

c) has had that producer’s o r lessee’s licence revoked or suspended for any reason, including but not limited to a failure to comply with any technical requirements under the On-Farm Food Safety Assurance Program or the Animal Care Program; (

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.

(2) Where a producer or lessee exceeds the stocking density requirements of the Animal Care Program, the Board may impose a production penalty of 20% of that producer’s or lessee’s allocated production until the producer or lessee complies with the requirements of the Animal Care Program. AR 3/2000 s32;128/2011

Section 33 AR 3/2000 ALBERTA CHICKEN PRODUCERS MARKETING REGULATION 26 Lease of quota 33(1) Subject to the approval of the Council, the Board may allow an authorized producer to lease out any amount of that authorized producer’s quota up to a percentage determined by the Board through a Board Order or Directive to (

a) another authorized producer, or (

b) a person who is licen sed as a lessee of quota.

(1.1) Subject to the approval of the Council, the Board may establish criteria through a Board Order or Directive for allowing an authorized producer to lease out quota under subsection (1).

(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 3.1;

section 8;

section 9;

section 10;

section 15;

section 17;

section 18;

section 20;

section 21;

section 22;

section 23;

section 24;

Section 33 AR 3/2000 ALBERTA CHICKEN PRODUCERS MARKETING REGULATION 27

section 26;

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 reduc ing 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 joint responsibility of the authorized producer who leased out the quota and the lessee of that quota.

(8) The Board shall not allow a lease of quota from an authorized producer to a lessee if (

a) the authorized producer has outstanding service charges or levies payable to the Board, or (

b) the proposed lessee would exceed the quota limit established under

section 31.

(9) Despite anything in this Regulation, none of the following permits a lessee to exercise the rights of an authorized 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. AR 3/2000 s33;223/2012;153/2017;81/2018

Section 33.1 AR 3/2000 ALBERTA CHICKEN PRODUCERS MARKETING REGULATION 28 Special marketing programs 33.1 The Board may, from time to time, establish and operate special marketing programs and related policies, and approve leases of quota under those programs, to enable (

a) the development of a market for organic chicken, (

b) direct marketing of chicken to consumers, (

c) the marketing of specialty chicken within the meaning of the Canadian Chicken Licensing Regulations (SOR/2002-22), or (

d) the development of new or emerging markets for chicken. AR 188/2021 s5 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) if the producer has been engaged in production for the past 12 months, (

i) to have marketed the amount of chicken determined by multiplying the number of chicks delivered to the producer by the average weight of chicken marketed by the producer in the past year, and (ii) to have marketed all of the chicken that grew out of chicks that were delivered to the producer within 3 months of the delivery of the chicks, and (

b) if the producer has not been engaged in production for the past 12 months, to have marketed the amount of chicken determined by multiplying the number of chicks delivered to the producer by the average live 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. AR 3/2000 s35;223/2012

Section 36 AR 3/2000 ALBERTA CHICKEN PRODUCERS MARKETING REGULATION 29 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.

Section 42 AR 3/2000 ALBERTA CHICKEN PRODUCERS MARKETING REGULATION 30

Part 2.1 Repealed AR 188/2021 s6

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. Special marketing program lease continued 43.1 If, immediately before the coming into force of this section, a person held a valid lease approved under

Part 2.1 as it read before the coming into force of this section, that person continues to hold that lease in accordance with its terms until it expires or is amended or terminated by the Board pursuant to a special marketing program established under

section 33.1 as it reads on the coming into force of this section. AR 188/2021 s7 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, 2032. AR 3/2000 s45;226/2004;84/2012;86/2017;81/2018;64/2023; 50/2024;83/2025

Schedule Repealed AR 223/2012 s15.

Printed on Recycled Paper *9780779852543*

Document details

Collection	Alberta — Regulations
Citation	Alta. Reg. 3/2000
Type	regulation
Volume / chapter	2000 003
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	5a42005babb0f56c7d0e4ad56b9a3e55c04a9d5d

Source file is stored in the law ingest library (pdf).