PART 1
MARKETING PENALTY LEVIES

Levies imposed on registered producers

1(1)   This section applies to those registered producers who are named on the Basic Allotment List.

1(2)   A levy is imposed on each registered producer of $0.44 per kilogram of chicken broiler of a category marketed by such registered producer during a marketing cycle in excess of 105% of the market allotment for that category allotted to that producer for that marketing cycle.

1(3)   In addition to the levy imposed under subsection (2), an additional levy is imposed on each registered producer of $0.44 per kilogram of chicken broiler of a category marketed by such registered producer during a marketing cycle in excess of 108% of the market allotment for that category allotted to that producer for that marketing cycle.

1(4)   The board may from time to time waive the application of all or a portion of the levy imposed on a producer under subsection (2) upon the written request of such producer and a processor which is agreeable to the acquisition of such excess chicken broiler from that producer, in circumstances where the board is satisfied that such excess was the result of matters which could not be reasonably anticipated by or were beyond the control of such producer.

Non-application re temporary market allotment permits

2   The levies imposed under section 1 are not applicable to chicken broiler marketed by a registered producer pursuant to a Temporary Market Allotment Permit.

Levies imposed on non-registered producers

3(1)   A levy is imposed on each person who markets chicken broilers and who is not registered as a producer with this board of $3.00 per chicken broiler marketed by such person.

3(2)   The levy imposed under subsection (1) is not applicable to the first 999 chicken broilers marketed during a calendar year by a producer, provided such chicken broilers have been raised by that person and are delivered by that person during that calendar year

(a) directly to an individual for consumption by that individual and that individual's immediate family or any one of them; or

(b) directly to a specified processor pursuant to an exemption authorizing such person to market chicken broilers to that specified processor.

3(3)   The levies imposed under this section are not applicable to a person who is a designated annual speciality producer or to an eligible corporation under the communal group permit system.

M.R. 124/2017

Levies imposed on designated annual speciality producers

3.1(1)   A levy is imposed on each designated annual speciality producer who markets chicken broilers of $3.00 per chicken broiler marketed by such producer.

3.1(2)   The levy imposed under subsection (1) is not applicable to chicken broilers marketed during a calendar year by a designated annual speciality producer, provided that the chicken broilers marketed by the producer were

(a) processed in strict accordance with the terms and conditions set out in a notice of allotment of annual speciality quota issued to that producer for that calendar year; and

(b) marketed in strict accordance with the terms and conditions set out in that notice of allotment of annual speciality quota.

3.1(3)   A levy is imposed on each designated annual speciality producer of $0.44 per kilogram of chicken broiler marketed by the designated annual speciality producer during a calendar year in excess of 102% of any aggregate amount of chicken broiler allotted to that designated annual speciality producer for that calendar year.

M.R. 124/2017

Levies imposed on eligible corporations (communal group permit system)

3.2(1)   A levy is imposed on each eligible corporation under the communal group permit system which markets chicken broilers of $3.00 per chicken broiler marketed by such eligible corporation.

3.2(2)   The levy imposed under subsection (1) is not applicable to chicken broilers marketed during a calendar year by an eligible corporation under the communal group permit system, provided that the chicken broilers marketed by the eligible corporation were

(a) processed in strict accordance with the terms and conditions set out in a temporary market allotment permit issued to that eligible corporation for that calendar year; and

(b) consumed or marketed in strict accordance with the terms and conditions set out in that temporary market allotment permit.

M.R. 124/2017

Non-application to chicks

4   The levies imposed under sections 1 and 3 are not applicable to the marketing of chicken broilers less than 10 days old.

PART 2
PRODUCTION PENALTY LEVIES

Levies imposed on registered producers

5(1)   A levy is imposed on each registered producer of $3.00 per chicken broiler of a category raised or kept by such registered producer at any point in time during a marketing cycle in excess of the production quota allotted to that producer for that category in that marketing cycle.

5(2)   The board may from time to time waive the application of all or a portion of the levy imposed on a producer under subsection (1) upon written request of such producer provided that such producer did not market chicken broiler of that category during that marketing cycle in excess of 105% of the market allotment for that category allotted to that producer for that marketing cycle.

Non-application re temporary production permits

6   The levies imposed under section 5 are not applicable to chicken broiler raised or kept by a registered producer pursuant to a temporary production permit.

Levies imposed on non-registered producers

7(1)   A levy is imposed on each person who raises or keeps chicken broilers and who is not registered as a producer with this board of $3.00 per chicken broiler raised or kept by such person in excess of 999 chicken broilers raised or kept in a calendar year by such person.

7(2)   The levies imposed under this section are not applicable to a person who is a designated annual speciality producer or which is an eligible corporation under the communal group permit system.

M.R. 124/2017

Levies imposed on designated annual speciality producer

7.1(1)   A levy is imposed on each designated annual speciality producer of $3.00 per chicken broiler raised or kept by that producer at any point in time during a production period in excess of the number of chicken broilers specified by the board for that production period.

7.1(2)   A levy is imposed on each designated annual speciality producer of $3.00 per chicken broiler raised or kept by that producer at any point in time other than during a production period specified by the board for that producer.

7.1(3)   A levy is imposed on each designated annual speciality producer of $3.00 per chicken broiler raised or kept by that producer at any location other than in the production facilities specified by the board for that producer.

M.R. 124/2017

Levies imposed on eligible corporations (communal group permit system)

7.2(1)   A levy is imposed on each eligible corporation under the communal group permit system of $3.00 per chicken broiler raised or kept by that eligible corporation at any point in time during a calendar year in excess of the number of chicken broilers allotted to that eligible corporation in that calendar year.

7.2(2)   A levy is imposed on each eligible corporation under the communal group permit system of $3.00 per chicken broiler raised or kept by that eligible corporation at any location other than the production facilities specified by the board in the temporary production permit issued to that eligible corporation by the board.

M.R. 124/2017

Non-application to chicks

8   The levies imposed under sections 5 and 7 are not applicable to the raising or keeping of chicken broilers less than 10 days old.

M.R. 124/2017

PART 3
CHICK MARKETING PENALTY LEVIES

Levies imposed re chick marketings

9(1)   A levy is imposed on each producer who markets chicken broilers which are less than 10 days old of $0.80 per chicken broiler marketed by such person unless the recipient of such chicken broilers has been issued a Chick Placement Permit authorizing that recipient to purchase or otherwise take delivery of such chicken broilers from that person at the time of such marketing.

9(2)   The levy imposed under subsection (1) is not applicable to a sale or delivery of chicken broiler if less than 1,000 chicken broilers are marketed by the person marketing chicken broiler to the same recipient in a calendar year.

PART 4
GENERAL

Live weight reference

10   References to weight of chicken broiler in this regulation are references to the live weight of such chicken broiler.

Payment of levies

11   The levies imposed under this regulation shall be due and payable to this board at its office, 1357 Kenaston Blvd., Winnipeg, Manitoba, within 15 days following delivery of notice in writing to such person by this board of the amount of the levy calculated by this board to be owing by him or her to this board.

Application of definitions from M.R. 246/2004 and M.R. 228/2006

11.1   Terms defined in the Manitoba Chicken Broiler Producers Marketing Plan Regulation, Manitoba Regulation 246/2004 and in the Chicken Broiler Quota Order, Manitoba Regulation 228/2006, and used in this regulation have the same meaning in this regulation as in those regulations.

M.R. 124/2017

Repeal

12   The Chicken Broiler Penalty Levies Regulation, Manitoba Regulation 136/2002, is repealed.