ontario regulation 381/19

made under the

Farm Products Marketing Act

Made: July 17, 2019
Filed: November 14, 2019
Published on e-Laws: November 14, 2019
Printed in The Ontario Gazette: November 30, 2019

Amending O. Reg. 439/10

(HOGS - MARKETING)

1. Subsection 3 (2) of Ontario Regulation 439/10 is amended by striking out “licences required by a regulation made under subsection (1) or deemed to have been granted under subsection 4 (2) or granted under section 5” in the portion before clause (a) and substituting “licences required by a regulation made under subsection (1), those deemed to have been granted under subsection 4 (2) and those granted under sections 5 and 10.2”.

2. (1) Paragraphs 1 and 2 of subsection 5 (2) of the Regulation are amended by striking out “sale of hogs” at the end of each paragraph and substituting “marketing of hogs”.

(2) Clause 5 (4) (a) of the Regulation is amended by striking out “licence fees required under section 6” at the end and substituting “any licence fees required under this Regulation”.

(3) Clause 5 (4) (c) of the Regulation is amended by striking out “sale of hogs” at the end and substituting “marketing of hogs”.

3. Section 6 of the Regulation is amended by striking out “A producer” at the beginning and substituting “A producer who holds a licence to sell hogs”.

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

Licences to Transfer Hogs

Licence to transfer hogs

10.1 No producer shall transfer hogs to a place outside of Ontario without having sold them or offered them for sale, except under the authority of a licence to transfer hogs.

Licence application, suspension, etc.

10.2 (1) A producer who wishes to transfer hogs to a place outside of Ontario without having sold them or offered them for sale may apply to the local board for a licence to transfer hogs.

(2) The local board shall grant a licence to an applicant unless it believes that the licence should be refused for any of the reasons set out in paragraphs 1, 2 and 3 of subsection 5 (2).

(3) If the local board proposes to refuse to grant a licence under subsection (2), it shall give the applicant notice of the fact and hold a hearing on the matter.

(4) The local board may suspend, revoke or impose specified conditions on a licence if, after a hearing, it determines that the producer who holds the licence,

(a) has failed to pay any licence fees required under this Regulation;

(b) has failed to furnish any information required by the local board under clause 2 (a) or (b); or

(c) has failed to comply with any requirement of the regulations made under the Act by the Lieutenant Governor in Council or the Commission with respect to the production or marketing of hogs.

(5) The local board may revoke a licence to transfer hogs if it determines that a period of at least three years has elapsed since the licence holder last transferred hogs outside of Ontario without having sold them or offered them for sale.

(6) A licence to transfer hogs is not transferable.

Payment of licence fees

10.3 A producer who holds a licence to transfer hogs shall pay to the local board the licence fees that may be fixed by the local board under clause 3 (2) (a).

Commencement

5. This Regulation comes into force on the day it is filed.

Made by:
Pris par :

Ontario Farm Products Marketing Commission:
La Commission de commercialisation des produits agricoles de l’Ontario :

Jim Clark

Chair / Président

David Hagarty

Secretary to the Commission / Secrétaire de la Commissioin

Date made: July 17, 2019
Pris le : 17 juillet 2019