Manitoba Regulation 128/98 amended

1   The Laying Hen Quota Order, Manitoba Regulation 128/98, is amended by this order.

2   Section 7 is replaced with the following:

Allocation of overbase

7(1)   The following definitions apply in this section.

"overbase" means the amount by which the global allocation in a calendar year is estimated to be in excess of 54.189 million dozen eggs after adjustments under Part IV are made.

"selected person" means a person who is not a registered producer at the time an overbase occurs, but who has applied for registration, certification and allotment of a quota at that time.

7(2)   Using the rate of lay multiplier, the board shall allot any overbase by

(a) issuing no more than 30% of the overbase as laying hen quota to selected persons in amounts the board considers advisable, subject to the requirement that the board shall not allocate quota of more than 10,000 to a selected person;

(b) allotting a portion of the overbase to the temporary laying hen quota adjustment program; and

(c) alloting the remaining portion of the overbalance, if any, to the registered producers on the following basis:

(i) 50% on an equal share basis to each registered producer, and

(ii) 50% on a pro rata basis to each registered producer who has applied for an increase in their quota, based on the total allotment of quota of those registered producers.

7(3)   When making an allotment under subsection (2), the board may impose any terms or conditions that they consider appropriate.

7(4)   The board may refuse to make an allotment under subsection (2) or set an allotment aside if, in the 12-month period following the receipt of the allotment, the board finds that the selected person or the registered producer has contravened

(a) a requirement or standard for buildings, equipment, operation, egg storage or animal care; or

(b) a term or condition imposed by the board on the allotment.