ontario regulation 378/25

made under the

Protecting Farmers from Non-Payment Act (Regulating Agricultural Product Dealers and Storage Operators), 2023

Made: December 15, 2025
Filed: December 17, 2025
Published on e-Laws: December 17, 2025
Published in The Ontario Gazette: January 3, 2026

Beef Cattle

CONTENTS

 

General

Definitions

1. In this Regulation,

“AgriCorp” means the corporation established under section 1 of the AgriCorp Act, 1996; (“AgriCorp”)

“beef cattle” means cattle, including bulls, cows, heifers, steers and calves that are,

(a) sold for slaughter for the production of beef,

(b) sold for the purpose of feeding before being slaughtered for the production of beef, or

(c) sold for the purpose of breeding to produce cattle described in clause (a) or (b); (“bovin de boucherie”)

“business day” means Monday to Friday, excluding holidays. (“jour ouvrable”)

Part IV designated product

2. Beef cattle is designated as a Part IV designated product.

Part VII designated product

3. Beef cattle is designated as a Part VII designated product.

Designation of delegated authority

4. AgriCorp is designated as the delegated authority for the purposes of the Act to administer the following provisions with respect to beef cattle:

1. Sections 5 to 9, 41, 54 to 67, 70 to 78, 106 and 107 of the Act.

2. Sections 9 to 17, 31, 32, 34 to 36 and 40 of this Regulation.

Fund for Livestock Producers continued

5. The Fund for Livestock Producers, as continued by Ontario Regulation 560/93 (Fund for Livestock Producers) made under the Farm Products Payments Act, is continued.

Livestock Financial Protection Board

Livestock Financial Protection Board continued

6. The Livestock Financial Protection Board, as continued by Ontario Regulation 560/93 (Fund for Livestock Producers) made under the Farm Products Payments Act, is continued for the purpose of administering the Fund for Livestock Producers.

Agricultural industry groups to be represented on Board

7. For the purposes of the Minister’s appointment of board members, the following agricultural industry groups shall be represented on the Livestock Financial Protection Board by at least one individual:

1. Beef Farmers of Ontario.

2. Dairy Farmers of Ontario.

3. Veal Farmers of Ontario.

4. Ontario Independent Meat Processors Association.

5. Ontario Cattle Feeders’ Association.

6. Ontario Livestock Auction Markets Association.

7. Ontario Livestock Dealers Association.

Expenses payable by Livestock Financial Protection Board

8. (1) For the purposes of paragraph 2 of section 44 of the Act, the expenses described in subsections (2) and (3) are prescribed as expenses for which payment from the Fund for Livestock Producers is to be made.

(2) Expenses incurred in relation to the following regulatory matters with respect to beef cattle are prescribed, less any amounts covered by fees paid in connection with an application for a licence or renewal of a licence:

1. Licensing under the Act, including,

i. the issuance of or refusal to issue a licence,

ii. the renewal of or refusal to renew a licence,

iii. the suspension of a licence,

iv. the revocation of a licence, and

v. the imposition of conditions on a licence.

2. The determination of the amount of security a person is required to provide to the Director, if any.

3. Hearings before the Director in connection with licensing under the Act.

4. The issuance of any orders under the Act.

5. Inspections under the Act.

6. Actions taken to determine whether a person should be referred for potential prosecution of an offence under the Act.

7. Communications and educational activities.

(3) Expenses incurred in relation to the following matters with respect to the Fund are prescribed:

1. The administration of the Fund.

2. The investigation of claims for payment from the Fund.

3. The adjudication of claims for payment from the Fund.

4. The recovery of money the Board may be entitled to receive under the Act.

5. Communications and educational activities.

6. Legal fees associated with anything in paragraphs 1 to 5.

(4) Despite subsections (2) and (3), the Board is not required to pay,

(a) expenses related to appeals to the Tribunal respecting any regulatory matters described in subsection (2) and any subsequent appeals;

(b) expenses related to judicial reviews respecting any matters described in subsection (2) and any subsequent appeals;

(c) expenses related to prosecution of offences under the Act and any subsequent appeals;

(d) expenses related to judicial reviews of the Board’s decision to grant or refuse the payment of claims under the Act or expenses related to any subsequent appeals; or

(e) legal fees associated with any matters described in subsection (2) or this subsection.

(5) If money in the Fund for Livestock Producers is insufficient to pay all claims for payment that the Board determined to be valid as well as the expenses described in subsections (2) and (3), the Board shall first pay the claims for payment before it pays the expenses.

Licensing

Application for licence or renewal

9. (1) The following provisions of Regulation 725 (Livestock) made under the Livestock and Livestock Products Act, as it read immediately before it was revoked, apply with respect to applications for a dealer’s licence or renewal of a dealer’s licence:

1. Subsections 4 (1) to (4) and (9) and 5 (1) and (2).

2. Section 9, as it applies to the renewal of a licence.

(2) The provisions listed in subsection (1) apply with necessary modifications, including the following:

1. A reference to the director under the Livestock and Livestock Products Act shall be read as a reference to the Director under the Act.

2. The term “financial responsibility” in Regulation 725 shall be read as “financial security”.

3. The reference in subsection 4 (9) of Regulation 725 to subsection 5 (4) of the Livestock and Livestock Products Act shall be read as a reference to subsection 57 (3) of the Act.

(3) The Director shall fix the expiration date of a licence as the last day of the sixth month after the licensee’s fiscal year end that next follows the date of issuance or renewal.

Licence conditions — private treaty sales agreement, etc.

10. (1) Every dealer’s licence is subject to the following conditions:

1. If a licensed dealer wishes to purchase beef cattle from or sell beef cattle to another dealer, whether the second dealer is licensed or not, the licensed dealer and the second dealer shall enter into a private treaty sales agreement that satisfies the requirements set out in subsections (2) and (3).

2. If a licensed dealer wishes to sell beef cattle to a producer, the licensed dealer and the producer shall enter into a private treaty sales agreement that satisfies the requirements set out in subsections (2) and (3).

3. If a licensed dealer wishes to sell or offer for sale beef cattle on behalf of another licensed dealer, the licensed dealer and the second licensed dealer shall enter into an agreement that satisfies the requirements set out in subsections (2) and (3).

(2) An agreement referred to in subsection (1) must contain the following information:

1. The names and addresses of the parties to the sale.

2. The licence number of all dealers that are party to the agreement.

3. The date of the sale.

4. A description or identification of the beef cattle.

5. The number of head of beef cattle being sold.

6. The purchase or sales price of the beef cattle.

7. The date of payment for the sale.

8. The fees payable to the Board under subsection 41 (3) of the Act.

(3) An agreement referred to in subsection (1) must contain the following terms:

1. A payment made by a dealer or producer to a dealer for the purchase of beef cattle may be made by cheque, direct deposit, electronic payment or any other method of payment agreed to by the producer and dealer.

2. The payment must be received by the dealer,

i. by 1 p.m. on the ninth business day after the price determination day, if the amount of the sale is less than $15,000, or

ii. by 1 p.m. on the sixth business day after the price determination day, if the amount of the sale is $15,000 or more.

3. For the purposes of paragraph 2, “price determination day” means the day of,

i. weighing, if the price is determined on a weight basis,

ii. grading, if the price is determined on a carcass grading basis, or

iii. purchase, if the price is determined on a per head basis.

4. Any method of payment mentioned in paragraph 1 must enable the dealer to deposit the payment in their bank account within the time required by paragraph 2 and, in the case of a payment made by cheque, the cheque must be dated no later than the day on which the payment is due.

Licence Registry

Licence registry

11. (1) The Director shall establish a licence registry for licensed dealers known as the Licensed Dealer Registry in English and Registre des marchands titulaires d’un permis in French.

(2) The Director shall make the Registry publicly available on AgriCorp’s website.

(3) The Registry shall include the following information about every licensed dealer:

1. The dealer’s legal name, the name of their business and any other name that is registered to them under the Business Names Act.

2. The name of the individual primarily associated with the licence.

3. The mailing address of the dealer’s business.

4. The name of any individual who is allowed to use the dealer’s licence as an agent in accordance with subsection 5 (3) of the Act.

5. Any order to pay an administrative penalty respecting the dealer’s contravention of subsection 5 (1) or section 7 of the Act that was not appealed to the Tribunal or that was confirmed by the Tribunal following an appeal.

(4) The Director shall keep the Registry up to date by implementing any necessary changes as soon as circumstances permit.

Agreements to Purchase or Sell Beef Cattle

Agreement under s. 6 of the Act

12. (1) This section applies to an agreement entered into under section 6 of the Act under which a dealer purchases beef cattle from a producer or sells or offers for sale beef cattle on behalf of a producer.

(2) An agreement referred to in subsection (1) must contain the following information:

1. The names and addresses of the parties to the agreement.

2. The dealer’s licence number.

3. The date of the purchase or sale.

4. A description or identification of the beef cattle.

5. The number of head of beef cattle being purchased or sold.

6. The purchase or sale price of the beef cattle.

7. The date of payment for the purchase or sale.

8. The fees payable to the Board under subsection 41 (1) of the Act.

Payment

13. (1) A payment made by a dealer to a producer for the purchase of beef cattle may be made by cheque, direct deposit, electronic payment or any other method of payment agreed to by the producer and dealer, subject to subsection (4).

(2) The dealer shall ensure that the producer receives the payment,

(a) by 1 p.m. on the ninth business day after the price determination day, if the total amount of the sale is less than $15,000; or

(b) by 1 p.m. on the sixth business day after the price determination day, if the total amount of the sale is $15,000 or more.

(3) For the purposes of subsection (2), “price determination day” refers to the day of,

(a) weighing, if the price is determined on a weight basis;

(b) grading, if the price is determined on a carcass grading basis; or

(c) purchase, if the price is determined on a per head basis.

(4) For the purposes of subsection (1), any payment method agreed to by the producer and dealer must enable the producer to deposit the payment in their bank account within the time required by subsection (2) and, in the case of a payment made by cheque, the cheque must be dated no later than the day on which the payment is due.

Fees payable by licensed dealer to Board

14. For the purposes of subsection 41 (3) of the Act, a licensed dealer is required to pay fees to the Livestock Financial Protection Board in the following circumstances:

1. The licensed dealer sells beef cattle on behalf of a producer.

2. The licensed dealer sells beef cattle on behalf of another licensed dealer.

3. The licensed dealer sells beef cattle to a dealer or a producer.

Fees

15. A fee of 10 cents per head of beef cattle is payable to the Livestock Financial Protection Board,

(a) by the producer, when a dealer purchases beef cattle from a producer;

(b) by both the producer and the dealer, when a dealer sells beef cattle on behalf of a producer;

(c) by both licensed dealers, when the licensed dealer sells beef cattle on behalf of another licensed dealer; and

(d) by the licensed dealer, when a licensed dealer sells the beef cattle to a dealer or a producer.

Remittance

16. (1) A fee payable to the Livestock Financial Protection Board by a producer under clause 15 (a) or (b) shall be deducted from the amount payable with respect to the sale and remitted on the producer’s behalf by the dealer in accordance with subsections (4) to (6).

(2) A fee payable to the Board by a dealer under clause 15 (b) to (d) shall be remitted by the dealer on their own behalf in accordance with subsections (4) to (6).

(3) A dealer who deducts and remits a fee on behalf of a producer under subsection (1) shall give the producer a statement of the fee deducted at the time the fee is deducted.

(4) A dealer required to remit a fee under subsection (1) or (2) shall, on or before the 15th day of each month, remit the fees payable with respect to the total number of head of beef cattle purchased and the total number of head of beef cattle sold during the previous month.

(5) Every remittance under subsection (4) shall be accompanied by a statement of the total number of head of beef cattle purchased and the total number of head of beef cattle sold during the previous month.

(6) Despite subsections (4) and (5), a dealer who purchases or sells 1,000 head of beef cattle or fewer in the dealer’s fiscal year shall, within 30 days before their licence expires,

(a) remit the fees payable with respect to the total number of head of beef cattle purchased and the total number of head of beef cattle sold during the previous fiscal year; and

(b) provide a statement of the total number of head of beef cattle purchased and the total number of head of beef cattle sold during the previous fiscal year.

Records

17. A dealer shall keep a copy of all agreements referred to in subsections 10 (1) and 12 (1) for at least 12 months after the dealer made the final payment under the agreement.

Claims

Time for payment

18. For the purposes of clause 46 (1) (a) of the Act, the prescribed time is 15 days after the day the price becomes payable.

Claims by licensed dealers

19. For the purpose of subsection 46 (3) of the Act, a licensed dealer may make a claim for payment out of the Fund for Livestock Producers in respect of a sale to another licensed dealer or to a producer if,

(a) in respect of an agreement referred to in subsection 10 (1), the purchaser has failed to make payment to the licensed dealer within the timeline required under subsection 10 (3);

(b) a proceeding under the Bankruptcy and Insolvency Act (Canada) or the Companies’ Creditors Arrangement Act (Canada) has been commenced in respect of the purchaser; or

(c) the purchaser has ceased to carry on business.

Time for submitting claims

20. For the purposes of section 47 of the Act, a producer or a licensed dealer who wishes to make a claim for payment out of the Fund for Livestock Producers shall submit the claim to the Livestock Financial Protection Board within 30 days after the first day on which grounds for making the claim arose.

Notice of claims

21. The Livestock Financial Protection Board shall provide written notice of any claims that it receives to the Director and to the dealer or producer in respect of whom the claim is made.

Assessment of claims re dealers

22. (1) The Livestock Financial Protection Board may refuse to pay a claim made in respect of a dealer if,

(a) the claimant is a producer and the claim was made in respect of a dealer who was not licensed;

(b) the claimant did not submit the claim within the time set out in section 20;

(c) the claimant received a payment from the dealer in a form that must be deposited but the claimant failed to deposit the payment within five business days and the deposit was declined or failed;

(d) the agreement to purchase or sell beef cattle made under section 6 of the Act or the private treaty sales agreement referred to in section 10 did not comply with the Act or this Regulation;

(e) the claimant did not promptly notify the Director of the dealer’s failure to pay;

(f) the claimant had reason to believe, but failed to promptly notify the Director, that the dealer who purchased the beef cattle,

(i) ceased to carry on business,

(ii) made a proposal under the Bankruptcy and Insolvency Act (Canada) or the Companies’ Creditors Arrangement Act (Canada), or

(iii) had all or part of their assets placed in the hands of a trustee for distribution under the Bankruptcy and Insolvency Act (Canada) or in the hands of a receiver for distribution pursuant to a debenture or like instrument;

(g) the claimant and the dealer made an arrangement to extend the time set out in paragraph 2 of subsection 10 (3) or subsection 13 (2), as the case may be;

(h) the claimant made an arrangement with the dealer to evade the payment of fees or otherwise did not pay fees required under section 15; or

(i) it would be inequitable in the circumstances to pay the claim because,

(i) there is or was an association between the claimant and the dealer, and

(ii) the conduct of the claimant or, if the claimant is a corporation, the conduct of an officer or director of the claimant or that of a person having power to direct the claimant’s management caused the failure to pay.

(2) When determining whether to refuse to pay a claim under clause (1) (a), the Board shall consider whether the claimant knew the dealer was, at the time of the sale, unlicensed on account of the expiry, suspension, revocation or non-renewal of their licence.

(3) When determining whether to refuse to pay a claim under clause (1) (b), the Board shall consider whether the claim for payment was submitted in substantial conformity with section 20.

(4) When determining whether to refuse to pay a claim under subsection (1) where the claimant is a producer that is a feeder cattle finance co-operative or a breeder cattle co-operative, the Board shall,

(a) consider the actions of the producer who sold the beef cattle on behalf of the co-operative; and

(b) not refuse the claim on the basis of the actions or conduct of another member of the same co-operative.

Assessment of claims re producers

23. The Livestock Financial Protection Board may refuse to pay a claim for payment out of the Fund for Livestock Producers made in respect of a producer if,

(a) subject to clause (b), the claimant received a payment from the producer in a form that must be deposited but the claimant failed to deposit the payment by 2 p.m. on the second business day following the day the payment was received and the deposit is declined or fails;

(b) in the case of a sale to a producer that is a feeder cattle finance co-operative or a breeder cattle co-operative, the claimant received payment from the co-operative in a form that must be deposited but the claimant failed to deposit the payment by 2 p.m. on the 10th day following the day of the sale and the deposit is declined or fails;

(c) the private treaty sales agreement referred to in section 10 did not comply with the Act or this Regulation; or

(d) any of the grounds set out in clauses 22 (1) (b), (e), (f), (g), (h) or (i) apply, with necessary modifications.

Refusals re insolvency

24. The Livestock Financial Protection Board shall refuse to pay a claim unless,

(a) for the purpose of any insolvency proceeding respecting the dealer or producer in respect of whom the claim was made, the claimant assigns to the Board all of the claimant’s rights to the amount claimed;

(b) the claimant agrees to take all reasonable steps to preserve any claim the claimant may have in any insolvency proceeding respecting the dealer or producer; and

(c) the claimant agrees to promptly provide the Board with any notices it receives in any insolvency proceeding respecting the dealer or producer.

Payment of claims re dealers — limitation

25. In the case of a claim made in respect of a dealer, the Livestock Financial Protection Board shall pay out of the Fund for Livestock Producers 95 per cent of the portion of the claim that it determines to be valid.

Payment of claims re producers — limitations

26. In the case of a claim made in respect of a producer that is not a feeder cattle finance co-operative or a breeder cattle co-operative, the Livestock Financial Protection Board shall pay the claim out of the Fund for Livestock Producers in accordance with the following:

1. The Board shall pay 95 per cent of the portion of the claim that it determines to be valid or $320,000, whichever is less.

2. No payment shall be made if the portion of the claim that the Board determines to be valid would result in a payment of $5,000 or less.

3. If the Board has made a payment to a claimant in respect of a producer, the Board shall not make any subsequent payments to the same claimant in respect of the same producer until the producer has paid any orders issued under subsection 52 (1) of the Act.

Payment of claims re co-operatives — limitations

27. In the case of a claim made in respect of a producer that is a feeder cattle finance co-operative or a breeder cattle co-operative, the Livestock Financial Protection Board shall pay the claim out of the Fund for Livestock Producers in accordance with the following:

1. The Board shall pay 95 per cent of the portion of the claim that it determines to be valid.

2. No payment shall be made if the portion of the claim that the Board determines to be valid would result in a payment of $5,000 or less.

3. If the Board has made a payment to a claimant in respect of the feeder cattle finance co-operative or the breeder cattle co-operative, the Board shall not make any subsequent payments to the same claimant in respect of the same co-operative until the co-operative has paid any orders issued under subsection 52 (1) of the Act.

Notice of Board’s decision

28. The Livestock Financial Protection Board shall give notice of a decision on a claim to the Director, the claimant and the dealer or producer in respect of whom the claim was made.

Order by Board to reimburse

29. (1) A producer is a prescribed person for the purposes of subsection 52 (1) of the Act.

(2) For the purposes of subsection 52 (2) of the Act, the following additional information shall be included in an order to reimburse a claim:

1. A statement that the order to reimburse cannot be appealed.

2. A statement that the amount to be reimbursed is to be paid to the Livestock Financial Protection Board.

3. A statement that the amount to be reimbursed, if unpaid by the date indicated in the order, will accrue interest at the rate determined under subsection 54 (12) of the Act.

4. A statement that steps could be taken to collect if the person fails to pay by the date indicated in the order.

5. A statement that an order made in English can be translated into French on request and an order made in French can be translated into English on request.

Order to pay costs associated with proceedings

30. For the purposes of subsection 52 (4) of the Act, the following additional information shall be included in an order to pay the costs of the Livestock Financial Protection Board:

1. A statement that the order may be appealed within 15 days after it is issued, unless the Tribunal extends the time to appeal the order.

2. A statement that serving a notice of appeal operates as a stay of the order until the disposition of the appeal by the Tribunal.

3. The period within which payment must be made.

4. A statement that the costs owing under the order will accrue interest at a rate determined under subsection 54 (12) of the Act if the costs remain unpaid by the latter of,

i. the date set out in the order, if there is no appeal to the Tribunal, or

ii. the date set out by the Tribunal, if there is an appeal to the Tribunal where the Tribunal confirms the decision or orders the appellant to pay a different amount.

5. A statement that steps could be taken to collect if the person fails to pay by the applicable date in paragraph 4.

6. A statement that an order made in English can be translated into French on request and an order made in French can be translated into English on request.

Miscellaneous

Agreement re inspectors, s. 65 (2) of the Act

31. For the purposes of subsection 65 (2) of the Act, the following information is prescribed:

1. The duties and responsibilities of the inspector.

2. Requirements for data sharing and data privacy.

3. The compensation of the inspector, if applicable.

4. The term of the inspector’s appointment.

Circumstances for issuing compliance orders

32. An inspector is permitted to issue a compliance order under section 67 of the Act in connection with an inspection conducted under section 66 of the Act.

Offences — aggravating circumstances

33. (1) For the purposes of subsection 111 (4) of the Act, the following are prescribed as circumstances that increase the gravity of an offence:

1. The person who committed the offence profited as a result of the offence.

2. Another person missed a payment owing to a third party as a result of the offence.

(2) A penalty may be increased under subsection 111 (4) of the Act by up to 25 per cent as long as the increase does not result in the penalty exceeding the maximum penalty set out in subsection 111 (1), (2) or (3) of the Act, as the case may be, in respect of the offence.

Documents deemed to be received

34. (1) For the purpose of section 116 (1) of the Act, any notice, order or other document given or served under the Act is deemed to be received,

(a) on the day of service, if it is served by personal service;

(b) on the earlier of the fifth business day after the document was mailed or the day the recipient acknowledges receipt of it in writing, if it was sent by mail;

(c) on the second business day after the document was given to the courier, if it is sent by courier; or

(d) in cases where it is sent by email or facsimile, on the business day on which it is sent, if it is sent before 4 p.m., or on the next business day, if it is sent after 4 p.m.

(2) Subsection (1) does not apply if the recipient is the Director, the Livestock Financial Protection Board or the Tribunal.

Transitional Matters

Licences issued under Livestock and Livestock Products Act

35. The following rules apply with respect to licences issued under the Livestock and Livestock Products Act that were in effect immediately before that Act was repealed:

1. The licence expires in accordance with the Livestock and Livestock Products Act.

2. Terms and conditions that were imposed on the licence under the Livestock and Livestock Products Act and that were in effect immediately before that Act was repealed continue in effect and may be enforced under the Act.

3. The licence is deemed to be a licence issued under the Act as the circumstances may require.

References in security instruments

36. A reference to the director under the Livestock and Livestock Products Act in a security instrument furnished or deposited under that Act is deemed to be a reference to the Director under the Act.

Circumstances of default, etc.

37. A claim may be made under Part VII of the Act, with necessary modifications, if,

(a) a circumstance described in subsection 3 (1) or (2) of the Farm Products Payments Act or in section 9 or 10 of Ontario Regulation 560/93 (Fund for Livestock Producers) made under that Act arose in respect of livestock before the repeal of the Farm Products Payments Act but no application had been made under that Act as of the date of the repeal; or

(b) a transaction in respect of livestock was entered into before the repeal of the Farm Products Payments Act and, after the repeal, a circumstance mentioned in clause (a) arose.

Matters ongoing under former Acts

38. (1) An application for payment in respect of beef cattle under the Farm Products Payments Act that had not been finally determined as of the day immediately before that Act was repealed shall be continued under that Act.

(2) A proposal, hearing or appeal with respect to a licence under the Livestock and Livestock Products Act that had not been finally determined as of the day immediately before that Act was repealed shall be continued under that Act.

Director — deemed appointment

39. The individual appointed as the director under the Livestock and Livestock Products Act is deemed to be appointed as a Director under the Act until the appointment under the Livestock and Livestock Products Act expires or is revoked.

Inspector — deemed designation

40. The appointment of an inspector under the Livestock and Livestock Products Act is deemed to be a designation by the Director under the Act and continues until the appointment expires or is revoked.

Commencement

Commencement

41. This Regulation comes into force on the later of the day section 2 of Schedule 30 (Protecting Farmers from Non-Payment Act (Regulating Agricultural Product Dealers and Storage Operators), 2023) to the Less Red Tape, Stronger Economy Act, 2023 comes into force and the day this Regulation is filed.

Made by:
Pris par :

Le ministre de l'Agriculture, de l'Alimentation et de l'Agroentreprise,

Trevor Jones

Minister of Agriculture, Food and Agribusiness

Date made: December 15, 2025
Pris le : 15 décembre 2025