Canadian Pork Promotion-Research Levies Order (SOR/2021-217)

Interpretation

Marginal note:Definitions

1 The following definitions apply in this Order.

dealer

dealer means a person who acts as an agent in the buying or selling of hogs. (négociant)

imported pork product

imported pork product means a pork product that is imported into Canada and classified under one or more of the Customs Tariff tariff item numbers set out in Schedule 2. (produit du porc importé)

importer

importer means any person who imports hogs or pork products into Canada. (importateur)

processor

processor means a person who processes hogs. (transformateur)

producer

producer means a person who produces hogs. (producteur)

purchaser

purchaser means a person who purchases hogs and includes a producer, a dealer and a processor. (acheteur)

seller

seller means a person who sells hogs and include a dealer and a producer. (vendeur)

Marginal note:Definition of collector

• 2 (1) Subject to subsection (2), in this Order, collector means

  • (a) in Ontario, the Ontario Pork Producers’ Marketing Board;

  • (b) in Quebec,Les Éleveurs de porcs du Québec;

  • (c) in Nova Scotia, Pork Nova Scotia;

  • (d) in New Brunswick, Porc NB Pork;

  • (e) in Manitoba, the Manitoba Pork Council;

  • (f) in British Columbia, the British Columbia Hog Marketing Commission;

  • (g) in Prince Edward Island, the Prince Edward Island Hog Commodity Marketing Board;

  • (h) in Saskatchewan, the Saskatchewan Pork Development Board; and

  • (i) in Alberta, the Alberta Pork Producers’ Development Corporation.

• Marginal note:Other collector

  (2) If the Agency appoints a person under subsection 9(5) of the schedule to the Canadian Pork Promotion-Research Agency Proclamation, other than a collector referred to in subsection (1), to collect on the Agency’s behalf the levies and statements imposed by this Order for a province, that person is, for the purposes of this Order, one of the collectors for that province.

Marginal note:Dealer

3 If more than one dealer is involved in the purchase or sale of hogs, the reference to “purchaser” is to the dealer who first receives payment of the purchase price.

Interprovincial Trade

Marginal note:Levy amount — seller

• 4 (1) A seller who sells hogs in interprovincial trade must pay to the Agency, for each hog sold that was produced in a province set out in column 1 of the table to this subsection, a levy in the amount set out in column 2 for that province.

  Item	Column 1	Column 2
  	Province where hog was produced	Levy ($)
  1	Ontario	0.95
  2	Nova Scotia	2.00
  3	New Brunswick	1.00
  4	Manitoba	0.80
  5	British Columbia	1.00
  6	Prince Edward Island	1.23
  7	Saskatchewan	0.85
  8	Alberta	1.00

• Marginal note:Levy amount — seller (Quebec)

  (2) A seller who sells hogs in interprovincial trade that are produced in Quebec must pay to the Agency, for each hog sold, a levy in the amount of $1.274 per hundred kilogram dressed weight.

• Marginal note:Levy amount — producer

  (3) A producer who produces hogs in a province set out in column 1 of the table to subsection (1), but processes them in another province, must pay to the Agency, for each hog processed, a levy in the amount set out in column 2 for the province in which the hog was produced.

• Marginal note:Levy amount — producer (Quebec)

  (4) A producer who produces hogs in Quebec, but processes them in another province, must pay to the Agency, for each hog processed, a levy of $1.274 per hundred kilogram dressed weight.

Marginal note:Payment of levies — collector

• 5 (1) All levies referred to in section 4 must be paid or remitted, as the case may be, to the Agency through a collector in the province where the hogs were produced.

• Marginal note:Statements — collector

  (2) All statements referred to in section 8 and subsection 10(4) must be submitted to the Agency through a collector for the province where the hogs were produced.

Marginal note:Deduction of levy by purchaser

• 6 (1) The purchaser must deduct from the purchase price the levy payable under subsection 4(1) or (2), as the case may be, and remit it to the Agency on behalf of the seller.

• Marginal note:Payment by processor

  (2) The processor must pay the levy payable under subsection 4(3) or (4) as the case may be, to the Agency on behalf of the producer.

Marginal note:Document — purchaser

• 7 (1) At the time of the sale, the purchaser referred to in subsection 6(1), must provide the seller with a document setting out the purchase price and the amount of the levy deducted.

• Marginal note:Document — processor

  (2) At the time the hogs are processed, the processor referred to in subsection 6(2), must provide the producer with a document setting out the amount of the levy payable.

Marginal note:Time limit and information

8 The purchaser or the processor referred to in subsection 6(1) or (2) respectively, must remit or pay, as the case may be, the levy to the Agency within the period established by the laws of the collector’s province for remitting levies payable on the sale or processing of hogs in that province, together with a statement that sets out:

• (a) the name, mailing address, telephone number and, if available, email address of the purchaser or processor, as the case may be;

• (b) in the case of hogs produced in a province set out in column 1 of the table to subsection 4(1),

  • (i) the number of hogs purchased or processed, as the case may be, and

  • (ii) the amount of the levies remitted or paid, as the case may be;

• (c) in the case of hogs produced in Quebec,

  • (i) the total number of kilograms purchased or processed, as the case may be, and

  • (ii) the amount of the levies remitted or paid, as the case may be; and

• (d) the name, mailing address, telephone number and, if available, email address of

  • (i) the seller, if a levy was deducted from the purchase price under subsection 6(1), or

  • (ii) the producer, if a levy was paid under subsection 6(2).

Marginal note:Records

9 Every person referred to in sections 4 and 6 must

• (a) keep all records relating to the sale or processing of hogs, including the records necessary to verify any of the statements provided under section 8 and the amounts of levies paid, for a period of seven years after the day on which the hogs were sold or processed; and

• (b) at the request of the Agency, make those records available for examination by the Agency or the collector for the province in which the hogs were produced.

Marginal note:Proof

• 10 (1) At the request of the Agency, every person referred to in section 4 or 6 must prove that a levy payable under this Order has been

  • (a) deducted and remitted under subsection 6(1); or

  • (b) paid under subsection 6(2).

• Marginal note:Failure to deduct levy

  (2) If a purchaser does not deduct the levy as required by subsection 6(1), the seller must pay the levy payable in respect of the sale to the Agency.

• Marginal note:Failure to pay levy

  (3) If a processor does not pay the levy as required by subsection 6(2), the producer must pay the levy payable in respect of the processed hogs to the Agency.

• Marginal note:Payment and information

  (4) When paying the levy in accordance with subsection (2) or (3), the seller or the producer, as the case may be, must provide a statement to the Agency that sets out:

  • (a) the name, mailing address, telephone number and, if available, email address of the seller or producer, as the case may be;

  • (b) in the case of hogs produced in a province set out in column 1 of the table to subsection 4(1),

    • (i) the number of hogs purchased or processed, as the case may be, and

    • (ii) the amount of the levies paid; and

  • (c) in the case of hogs produced in Quebec,

    • (i) the total number of kilograms purchased or processed, as the case may be, and

    • (ii) the amount of the levies paid.

Marginal note:Liability — purchaser and seller

• 11 (1) If the purchaser does not deduct the levy in accordance with subsection 6(1) and the seller does not pay the levy in accordance with subsection 10(2), the purchaser and the seller are jointly and severally, or solidarily liable for the levy that is payable to the Agency.

• Marginal note:Liability — processor and producer

  (2) If the processor does not pay the levy in accordance with subsection 6(2) and the producer does not pay the levy in accordance with subsection 10(3), the producer and the processor are jointly and severally, or solidarily liable for the levy payable to the Agency.

Import

Marginal note:Levy — importer

12 Each importer must pay to the Agency, for each imported hog or pork product, a levy in the amount set out in Schedule 1.

Marginal note:Method of payment and time limit

• 13 (1) A levy referred to under section 12 must be paid to the Agency by negotiable instrument in Canadian dollars or its equivalent in United States dollars within 21 days after the date indicated on the invoice sent by the Agency.

• Marginal note:Invoice

  (2) An invoice referred to in subsection (1) must include:

  • (a) the importer’s name and mailing address;

  • (b) the number of hogs imported, if applicable;

  • (c) the number of kilograms of imported pork products, if applicable, broken down by the applicable Customs Tariff tariff item number, as set out in Schedule 2; and

  • (d) the amount of the levy to be paid to the Agency.

Marginal note:Records

14 Every importer must

• (a) keep all records relating to the import — including the records necessary to verify the information on the invoices sent by the Agency and the amounts of levies paid — for a period of seven years after the day on which the hogs or pork products were imported; and

• (b) make those records available for examination by the Agency on request.

Review and Cessation of Effect

Marginal note:Review of Order

15 The Agency must review this Order at the time that it carries out the review of the promotion–research plan required under subsection 11(1) of the schedule to the Canadian Pork Promotion-Research Agency Proclamation.

Marginal note:Cessation of effect

16 Sections 4 and 12 cease to have effect on June 30, 2024.

Coming into Force

Marginal note:Registration

17 This Order comes into force on the day on which it is registered.