ontario regulation 328/11

made under the

Farm Products Payments Act

Made: June 22, 2011
Filed: June 28, 2011
Published on e-Laws: June 30, 2011
Printed in The Ontario Gazette: July 16, 2011

Amending O. Reg. 560/93

(Fund for Livestock Producers)

1. (1) Subsection 6 (1) Ontario Regulation 560/93 is revoked and the following substituted:

(1) Dealers licensed under the Livestock and Livestock Products Act who sell livestock are designated as producers for the purposes of clause (d) of the definition of “producer” in section 1 of the Act, but the designation is only in respect of sales of livestock by the dealers to,

(a) other dealers licensed under the Livestock and Livestock Products Act; or

(b) other producers.

(2) Subsection 6 (2) of the Regulation is amended by striking out “under paragraph 2, 3 or 4 of subsection (1)” and substituting “under subsection (1)”.

2. Paragraph 2 of subsection 18 (1) of the Regulation is amended by striking out “banking days” and substituting “business days”.

3. (1) Paragraphs 1 and 2 of section 19 of the Regulation are revoked and the following substituted:

1. Subject to paragraph 2, in cases where the producer paid the applicant by cheque and the cheque is dishonoured by non-acceptance or non-payment, the applicant presented the cheque for payment at or later than 2 p.m. on the second business day after the cheque is received.

2. In the case of a sale to a feeder cattle finance co-operative where the producer paid the applicant by cheque and the cheque is dishonoured by non-acceptance or non-payment, the applicant presented the cheque for payment at or later than 2 p.m. on the tenth day after the date of the sale.

(2) Paragraph 5 of section 19 of the Regulation is amended by striking out “paragraph 2, 3 or 4 of”.

4. Section 20 of the Regulation is amended by striking out “90 per cent” and substituting “95 per cent”.

5. (1) Paragraph 2 of subsection 21 (1) of the Regulation is revoked and the following substituted:

2. The amount that the Board shall pay is the lesser of 85 per cent of the portion of a claim that it recognizes as valid and $125,000. 

(2) Paragraph 2 of subsection 21 (2) of the Regulation is revoked and the following substituted:

2. The amount that the Board shall pay is the lesser of 85 per cent of the portion of a claim that it recognizes as valid and $125,000. 

6. This Regulation comes into force on the later of January 1, 2011 and the day it is filed.