O. Reg. 321/11: FEES PAYABLE TO BOARDS


Published: 2011-06-28

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ONTARIO REGULATION 321/11

made under the

FARM PRODUCTS PAYMENTS ACT

Made: June 10, 2011
Filed: June 28, 2011
Published on e-Laws: June 30, 2011
Printed in The Ontario Gazette: July 16, 2011


FEES PAYABLE TO BOARDS

Definitions

1. In this Regulation,

“direct sale” means, with respect to livestock, a sale other than a sale by consignment; (“vente directe”)

“grain” means canola, grain corn, soybeans and wheat; (“grain”)

“grain corn” does not include popping corn, seed corn or sweet corn; (“maïs-grain”)

“licensed dealer” means a dealer licensed under the Livestock and Livestock Products Act or the Grains Act; (“marchand titulaire d’un permis”)

“livestock” means cattle sold for slaughter, or for feeding before slaughter, for the production of beef; (“bétail”)

“private treaty sale” means a direct sale by a licensed dealer to a producer or to another licensed dealer. (“vente de gré à gré”)

Fees payable to Boards

2. (1) On the sale of livestock, a fee of five cents per head of livestock is payable to the Livestock Financial Protection Board as follows:

1. In the case of a direct sale by a producer to a licensed dealer, the fee is payable by the producer.

2. In the case of a private treaty sale, the fee is payable by the licensed dealer who sells the livestock.

3. In the case of a sale by consignment, the fee is payable by each of the consignor and the consignee, each paying a separate fee.

(2) On the sale of grain by a producer to a licensed dealer, the following fees are payable to the Grain Financial Protection Board by the producer:

1. In the case of canola, 20 cents per tonne sold.

2. In the case of grain corn, 0.1 cent per tonne sold.

3. In the case of soybeans, two cents per tonne sold.

4. In the case of wheat, 10 cents per tonne sold.

Who remits fee

3. (1) A fee payable to a board by a producer or consignor of livestock under paragraphs 1 or 3 of subsection 2 (1) and by a producer of grain under subsection 2 (2) shall be remitted on that person’s behalf by the licensed dealer or the consignee, as the case may be.

(2) The licensed dealer or consignee who pays a fee on behalf of a producer or consignor of livestock or on behalf of a producer of grain shall deduct the amount of the fee payable to the board from the amount payable for the sale and remit the fee to the board in accordance with section 5 or 6, as the case may be.

(3) A fee payable to the Livestock Financial Protection Board by a licensed dealer under paragraph 2 of subsection 2 (1) or by a consignee under paragraph 3 of subsection 2 (1) shall be remitted to the board by the licensed dealer or consignee on their own behalf.

Statement of fee deduction

4. A licensed dealer or consignee who deducts and remits a fee on behalf of another person under subsection 3 (2) shall give that person a statement of the fee deducted at the time the fee is deducted.

Remission of fee to Livestock Financial Protection Board

5. (1) Any person required to remit a fee to the Livestock Financial Protection Board under section 3 shall on or before the fifteenth day of each month remit the fee payable with respect to the total number of head of livestock sold during the previous month.

(2) Every remittance of fees under subsection (1) shall be accompanied by a statement of the total number of head of livestock sold, in a form approved by the Livestock Financial Protection Board.

(3) Despite subsections (1) and (2), a person who buys or sells 1,000 head of livestock or less in a year is only required to remit fees with respect to those purchases or sales, and provide the required statement, once in that year.

Fee to be forwarded to Grain Financial Protection Board

6. (1) A licensed dealer who buys grain from a producer shall, on or before the fifteenth day of each month, forward the fees deducted under subsection 3 (2) with respect to sales of the grain during the previous month to,

(a) in the case of a sale of canola, the Ontario Canola Growers’ Association designated under the Farm Products Marketing Act; and

(b) in the case of the sale of any type of grain other than canola, the Grain Farmers of Ontario.

(2) The Ontario Canola Growers’ Association and the Grain Farmers of Ontario shall promptly forward to the Grain Financial Protection Board all fees they receive under subsection (1).

Commencement

7. This Regulation comes into force on the latest of,

(a) the day subsections 3 (3) and (4) of Schedule 1 to the Open for Business Act, 2010 come into force,

(b) July 1, 2011, and

(c) the day it is filed.

Made by:
Pris par :

La ministre de l’Agriculture, de l’Alimentation et des Affaires rurales,

Carol Mitchell

Minister of Agriculture, Food and Rural Affairs

Date made: June 10, 2011.
Pris le : 10 juin 2011.

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