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O. Reg. 593/07: Licence Fees

filed December 31, 2007 under Beef Cattle Marketing Act, R.S.O. 1990, c. B.5

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ontario regulation 593/07

made under the

beef cattle marketing act

Made: June 27, 2007
Filed: December 31, 2007
Published on e-Laws: January 7, 2008
Printed in The Ontario Gazette: January 19, 2008

Amending Reg. 54 of R.R.O. 1990

(Licence Fees)

1. (1) Section 1 of Regulation 54 of the Revised Regulations of Ontario, 1990 is amended by adding the following definitions:

“federal Act” means the Farm Products Agencies Act (Canada);

“federal agency” means the Canadian Beef Cattle Research, Market Development and Promotion Agency established under the federal Act;

(2) The definitions of “plant operator” and “public auction sale operator” in section 1 of the Regulation are revoked.

2. Section 3 of the Regulation is amended by striking out “$2.25” and substituting “$2.00” and by adding the following subsection:

(2) A person is exempt from paying the licence fees referred to in subsection (1) in respect of a sale of cattle if the person is required to pay a levy in respect of the same transaction to the federal agency in accordance with an order or regulation made under the federal Act.

3. (1) Subsection 5 (1) of the Regulation is revoked and the following substituted:

(1) Every person who receives cattle from a seller thereof shall deduct, from the money payable to the seller, any licence fee payable by the seller to the association in respect of the sale.

(2) Subsection 5 (2) of the Regulation is amended by striking out “plant operator, public auction sale operator and livestock dealer” in the portion before clause (a) and substituting “person who deducts fees under subsection (1)”.

(3) Clause 5 (2) (a) of the Regulation is amended by striking out “operator or dealer” and substituting “person”.

(4) Clause 5 (2) (b) of the Regulation is revoked and the following substituted:

(b) a statement showing the person’s full name, address, postal code and telephone number and, in respect of the preceding calendar month,

(i) the total number of head of cattle received in respect of which a licence fee was deducted and a breakdown showing the number of each class of cattle, and

(ii) the full name, address and postal code of each seller from whom the person deducted licence fees.

4. The Regulation is amended by adding the following section:

Federal Agency — Levies

6.1 (1) The federal agency may fix, impose and collect levies from sellers of cattle within Ontario and may, for that purpose, classify sellers into groups and fix levies in different amounts for the different groups, subject to the following conditions:

1. A levy fixed, imposed or collected must not exceed $1.00 for each head of cattle sold.

2. A levy must not be fixed, imposed or collected in respect of a sale of cattle if the seller is required to pay a levy in respect of the same transaction to the agency in accordance with an order or regulation made under the federal Act.

3. A levy must not be fixed, imposed or collected in respect of a sale of cattle if the seller is a livestock dealer who is exempt from paying a licence fee in respect of the sale under section 9.

(2) Every person who receives cattle from a seller shall deduct, from the money payable to the seller, any levy payable by the seller to the federal agency in respect of the sale.

(3) On or before the fifteenth day of each month, every person who deducts levies under subsection (2) shall forward to the association,

(a) all levies deducted by the person under subsection (2) during the preceding calendar month; and

(b) a statement showing the person’s full name, address, postal code and telephone number and, in respect of the preceding calendar month,

(i) the total number of head of cattle received in respect of which a levy was deducted and a breakdown showing the number of each class of cattle, and

(ii) the full name, address and postal code of each seller from whom the person deducted levies.

5. Section 7 of the Regulation is amended by adding the following subsection:

(3) The association shall share information provided to it under clause 6.1 (3) (b) with the federal agency, but the information is otherwise confidential.

6. Clause 8 (1) (d) of the Regulation is revoked.

7. The Regulation is amended by adding the following section:

9. (1) A livestock dealer is exempt from paying a licence fee in respect of the sale of a head of cattle if,

(a) the livestock dealer sells the head of cattle within seven business days of having purchased it; and

(b) the livestock dealer, at the time of the sale, provides the purchaser with a written declaration indicating that no licence fee or levy should be deducted because the dealer is exempt in respect of the sale under this Regulation.

(2) On or before the fifteenth day of each month, a livestock dealer shall forward to the association a statement that shows, for every head of cattle sold in the previous calendar month by the dealer within seven business days of having been purchased,

(a) the date on which the head of cattle was purchased by the dealer;

(b) the date on which the head of cattle was sold by the dealer;

(c) the class of the head of cattle; and

(d) the name of the person to whom the dealer sold the head of cattle.