Definition

1   In this regulation,

"Agency" means the Canadian Egg Marketing Agency;

"Board" means Manitoba Egg Producers;

"eggs" means any variety, grade or class of eggs of the domestic hen;

"poultry dealer" means any person who buys eggs from a producer for resale or who acts as an agent of the producer on the sale of eggs and includes the operator of an egg station;

"processor" means any person who breaks eggs and filters, blends, heat-treats, stabilizes, mixes, cools, freezes and dries eggs;

"producer" means a person engaged in the production and marketing of eggs locally in Manitoba.

Levy imposed re marketing to poultry dealer

2   A levy is hereby imposed on each producer of 16.9 cents per dozen of eggs marketed by the producer to or through a poultry dealer in Manitoba.

M.R. 2/99

Due date of levy

3   The levy imposed under section 2 of this regulation shall be due and payable by the producer to the Agency at the time and place of the marketing of the eggs by the producer.

Levy to be deducted by poultry dealer

4   Every poultry dealer who receives eggs from a producer shall deduct from the money payable for the eggs all levies payable by the producer to the Agency and shall forward such levies to the Board at its office, #18 Waverley Square, 5 Scurfield Boulevard, not later than 7 days following the last day of each week in which the eggs were received.

Levy imposed re other marketings

5(1)   A levy is imposed on each producer who keeps 500 or more laying hens of 16.9 cents per dozen eggs marketed by the producer in any manner other than to or through a poultry dealer in Manitoba.

M.R. 2/99

5(2)   The levy imposed under subsection (1) does not apply to eggs marketed by a producer to a processor for processing if such eggs were produced pursuant to a laying hen permit issued by the Board to facilitate such marketing.

Levy to be remitted re other marketings

6   Every person shall forward to the Board at its office #18 Waverley Square, 5 Scurfield Boulevard all levies imposed on such person under this regulation in respect of eggs marketed by such person in any week that were not deducted and forwarded to the Board by the person who received the eggs from such person, not later than 7 days following the last day of the week in which such person marketed the eggs.

Refund procedure

7   Any person who is exempt from registering with the Board under subsection 28(3) of Part I of Manitoba Regulation 242/87 R during the whole a calendar year and from who levies have collected and paid to the Agency during such calendar year may apply in writing, in the manner and in the form prescribed by the Agency, for a refund of such levies paid by such person and upon proof of such payment, such money shall be refunded to such person. Application for a refund of any such levies paid during a calendar year may be made at any time after the end of such calendar year but the right to apply for such refunds shall expire four months after the end of such calendar year.

Appointment of Board as agent

8   The Agency hereby appoints the Board as its agent for the purpose of collecting the levies imposed or to be refunded under this regulation.

Non-application

9   This regulation does not apply to:

(a) The University of Manitoba;

(b) Rockwood Institution;

(c) eggs produced and sold by the producer of such eggs for hatching purposes.

Exemption

10   This regulation is subject to the provisions of subsection 28(2) of Part I of the Plan which reads as follows:

"This regulation does not apply to eggs produced and sold or used by the producer of such eggs for hatching purposes."

Repeal

11   The Canadian Egg Marketing Agency Levies for Manitoba Regulation, Manitoba Regulation 9/90, is repealed.