O. Reg. 68/98: LEVIES OR CHARGES - TURKEY

Commodity Boards and Marketing Agencies Act
Loi sur les agences de commercialisation et les commissions de produits agricoles

ontario REGULATION 68/98

LEVIES OR CHARGES — TURKEY

Historical version for the period December 1, 2020 to December 31, 2023.

Last amendment: 697/20.

Legislative History: 374/98, 222/03, 697/20.

This Regulation is made in English only.

1. In this Regulation,

“marketing agency” means The Canadian Turkey Marketing Agency constituted under the Farm Products Agencies Act (Canada);

“turkey” means a turkey, any class of turkey or part of a turkey produced in Ontario.  O. Reg. 68/98, s. 1.

2. (1) Subject to subsections (2), (3), (3.1) and (4), the marketing agency is authorized, in relation to the marketing of turkey locally in Ontario,

Note: On January 1, 2024, subsection 2 (1) of the Regulation is amended by striking out “Subject to subsections (2), (3), (3.1) and (4)” at the beginning and substituting “Subject to subsections (2) and (4)”. (See: O. Reg. 697/20, s. 1 (2))

(a)  to fix, impose and collect levies or charges from persons engaged in the production or in the processing of turkey in Ontario;

Note: On January 1, 2024, clause 2 (1) (a) of the Regulation is amended by striking out “or in the processing”. (See: O. Reg. 697/20, s. 1 (3))

(b)  to classify persons into groups and fix the levies or charges payable by the members of the different groups in different amounts; and

(c)  to use the revenue from the levies or charges for the purpose of the marketing agency, including the creation of reserves.  O. Reg. 374/98, s. 1; O. Reg. 697/20, s. 1 (1).

(2) A marketing agency shall not use its authority under clause (1) (a) to fix, impose or collect a levy or charge from persons engaged in the production of turkey in Ontario except if the levy or charge does not exceed 1.8 cents per kilogram of turkey, live weight, subject to subsection (3.1). O. Reg. 697/20, s. 1 (4).

Note: On January 1, 2024, subsection 2 (2) of the Regulation is amended by striking out “subject to subsection (3.1)” at the end. (See: O. Reg. 697/20, s. 1 (5))

(3) A marketing agency shall not use its authority under clause (1) (a) to fix, impose or collect a levy or charge from persons engaged in the processing of turkey in Ontario except in accordance with subsection (3.1). O. Reg. 697/20, s. 1 (4).

Note: On January 1, 2024, subsection 2 (3) of the Regulation is revoked. (See: O. Reg. 697/20, s. 1 (6))

(3.1) Until December 31, 2023, a marketing agency may fix, impose or collect a levy or charge of not more than 1.25 cents per kilogram of turkey, live weight, under clause (1) (a), for the purpose of funding a national marketing program for turkey which includes the marketing of turkey locally in Ontario, and the levy or charge may be imposed on and collected from,

(a)  persons engaged in the production of turkey in Ontario, in addition to the levy or charge fixed, imposed or collected under subsection (2); and

(b)  processors who are engaged in the slaughter of turkeys in Ontario and are registered or licensed to do so under section 20 or 21 of the Safe Food for Canadians Act (Canada). O. Reg. 697/20, s. 1 (4).

Note: On January 1, 2024, subsection 2 (3.1) of the Regulation is revoked. (See: O. Reg. 697/20, s. 1 (6))

(4) The authority granted under clause (1) (a) does not include the authority to fix, impose or collect levies or charges granted to Turkey Farmers of Ontario by Ontario Regulation 69/98.  O. Reg. 374/98, s. 1; O. Reg. 697/20, s. 1 (7).

3. (1) Every person who receives turkey from a person engaged in the production of turkey shall deduct from the money payable for the turkey any levies or charges payable to the marketing agency by the person from whom the turkey is received and shall forward the amount to the marketing agency or its agent designated for that purpose within 10 days after the Friday of the week the turkey is received.  O. Reg. 374/98, s. 1; O. Reg. 697/20, s. 2.

(2) Every person who is engaged in the processing of turkey shall forward to the marketing agency any levies or charges payable to the marketing agency by the person within 15 days after the last day of the month in which the turkey is slaughtered.  O. Reg. 374/98, s. 1.

4. The marketing agency shall, at any time during normal office hours, make available to an auditor designated by the Ontario Farm Products Marketing Commission all books of account, records and documents relating to the receipt of funds under this Regulation and expenditures from those funds.  O. Reg. 68/98, s. 4.