R.R.O. 1990, Reg. 725: LIVESTOCK

Livestock and Livestock Products Act

R.R.O. 1990, REGULATION 725

LIVESTOCK

Historical version for the period August 19, 1999 to June 27, 2011.

Last amendment: O. Reg. 417/99.

This is the English version of a bilingual regulation.

1. In this Regulation,

“cattle” means cattle sold for the purpose of,

(a) slaughter for the production of beef, or

(b) further feeding for the production of beef; (“bovins”)

“director” means the director appointed under the Act; (“directeur”)

“Fund” means The Fund for Livestock Producers established under the Farm Products Payments Act; (“caisse”)

“producer” means a producer of livestock. (“producteur”) R.R.O. 1990, Reg. 725, s. 1; O. Reg. 470/95, s. 1.

2. Cattle are designated as livestock. R.R.O. 1990, Reg. 725, s. 2.

3. Section 2 of the Act and this Regulation do not apply to a producer who buys livestock from, or sells livestock to, other producers in the ordinary course of a farming operation. R.R.O. 1990, Reg. 725, s. 3.

4. (1) An application for a licence to engage in business as a livestock dealer shall be in a form approved by the director.

(2) A licence to engage in business as a livestock dealer shall be in a form approved by the director. O. Reg. 470/95, s. 2.

(3) The licence fee is $25 per year.

(4) A licence is not transferable.

(5) Subject to subsection (6), a licence expires on the date shown as the expiration date on the licence.

(6) A licence that was issued or renewed after August 31, 1998 and before September 1, 1999,

(a) expires on August 31, 1999 if the licensee’s fiscal year end falls in August, September, October, November, December, January or February; or

(b) expires on the last day of the sixth month after the licensee’s 1999 fiscal year end if the licensee’s fiscal year end falls in March, April, May, June or July.

(7) The Director shall fix the expiration date of a licence issued or renewed after August 31, 1999 as the last day of the sixth month after the licensee’s fiscal year end that next follows the date of issuance or renewal, unless it is reasonable in the circumstances to fix a different expiration date.

(8) If the application of subsection (6) or (7) results in a term of a licence that is less or more than one year, the fee shall be prorated at the rate of $2 per month.

(9) In respect of a licence that expires after August 31, 1999, the time prescribed for the purpose of subsection 5 (4) of the Act is the period that ends 30 days before the expiration of the licence. O. Reg. 417/99, s. 1.

5. (1) Every livestock dealer shall furnish to the director proof of financial responsibility.

(2) If the director is not satisfied in respect of the financial responsibility of a livestock dealer, the livestock dealer shall deposit with the director security in a form satisfactory to the director and in an amount prescribed by the director.

(3) Security deposited with the director under subsection (2) shall be applicable solely to the claims of sellers or consignors or persons selling on behalf of consignors for cattle sold to the livestock dealer and in respect of which payments have been made under the Farm Products Payments Act and the regulations under that Act.

(4) If the director receives notice pursuant to the Farm Products Payments Act and the regulations under that Act that a payment has been made to a seller or consignor or person selling on behalf of consignors in respect of a livestock dealer who deposited security under subsection (2), the director may realize on the security or such part of it as he or she considers necessary.

(5) The director shall pay into the Fund the money obtained from realizing on security or as much of the money as is necessary to reimburse the Fund for the amount paid to a seller or consignor or person selling on behalf of the consignor.

(6) If the director has realized on security under subsection (4), the livestock dealer shall deposit with the director such additional security as is necessary to comply with the amount prescribed by the director under subsection (2).

(7) When the livestock dealer deposits the additional security, the director shall pay to the livestock dealer the money remaining, if any, after making payment to the Fund under subsection (5). O. Reg. 470/95, s. 3.

6. (1) Payment in respect of a sale or consignment of livestock shall be made not later than the hour of 2.00 p.m. on the second trading day following the day,

(a) of weighing, where price is determined on a weight basis;

(b) of grading, where price is determined on a carcass grade basis; or

(c) of purchase, where price is determined on a per head basis.

(2) In the case of a sale or consignment of livestock, every buyer and every person who sells livestock on behalf of the consignor shall pay the seller or consignor or the person selling on behalf of the consignor in accordance with subsection (1) as follows:

1. Where the amount is $15,000 or more,

i. at the place where possession of the livestock is transferred,

ii. by wiring collect, or

iii. otherwise as the seller or person selling on the seller’s behalf directs.

2. Where the amount is less than $15,000,

i. at the place where possession of the livestock is transferred,

ii. by mailing by prepaid first class mail, or

iii. otherwise as agreed upon by the seller or the person selling on the seller’s behalf and the buyer. R.R.O. 1990, Reg. 725, s. 6 (1, 2).

(3) Where the seller or consignor or the person selling on behalf of the consignor has not received payment in accordance with this section, the person who has not received payment shall forthwith notify the director of the default in payment. R.R.O. 1990, Reg. 725, s. 6 (3); O. Reg. 470/95, s. 4.

7. Every livestock dealer shall keep for at least twelve months a record of all livestock purchased or sold, as the case may be, showing,

(a) the names and addresses of the sellers or buyers, as the case may be, of the livestock;

(b) the dates of such purchases or sales;

(c) the purchase or sale price, as the case may be, of the livestock; and

(d) a description or identification of the livestock. R.R.O. 1990, Reg. 725, s. 7.

8. A licence is issued on the terms and conditions that the holder of the licence,

(a) where any payment is made from the Fund to a seller or consignor of livestock or to a person selling on behalf of a consignor under the Farm Products Payments Act and the regulations thereunder, complies with the provisions of such regulations respecting repayment; and

(b) complies with the provisions of the regulations under the Farm Products Payments Act respecting,

(i) the payment of fees to the board constituted to administer the Fund, and

(ii) the collection of fees and the forwarding of such fees to the board constituted to administer the Fund. R.R.O. 1990, Reg. 725, s. 8.

9. In addition to the grounds mentioned in section 3 of the Act for refusal to issue licences or in section 5 of the Act for refusal to renew licences or for suspension or cancellation of licences, the director may refuse to issue or renew a licence or may suspend or cancel a licence if,

(a) the whole or a part of a livestock dealer’s assets has been placed in the hands of a trustee for distribution under the Bankruptcy and Insolvency Act (Canada) or the Bulk Sales Act; or

(b) a livestock dealer fails to furnish proof of financial responsibility or to deposit the security required by section 5. O. Reg. 470/95, s. 5.

FORMS 1, 2 Revoked: O. Reg. 470/95, s. 6.