R.R.O. 1990, Reg. 444: FUND FOR EGG PRODUCERS

Farm Products Payments Act
Loi sur le recouvrement du prix des produits agricoles

REGULATION 444

Amended to O. Reg. 112/01

FUND FOR EGG PRODUCERS

Note: This Regulation was revoked on April 20, 2001. See: O. Reg. 112/01, s. 1.

This Regulation is made in English only.

1. In this Regulation,

“Board” means the Egg Fund Board constituted by this Regulation;

“dealer” means a person engaged in the business of buying eggs from producers;

“eggs” means ungraded eggs of a domestic hen, other than hatching eggs, that are sold to a dealer the whole or any part of whose assets have been placed, on or before October 31, 1999, in the hands of a trustee for distribution under the Bankruptcy and Insolvency Act (Canada) or the Bulk Sales Act or in the hands of a receiver;

“Fund” means the Fund for Egg Producers established by this Regulation;

“hatching eggs” means eggs of a domestic hen produced for the purpose of hatching into chicks;

“local board” means The Ontario Egg Producers’ Marketing Board;

“producer” means a person who produces eggs in Ontario. R.R.O. 1990, Reg. 444, s. 1; O. Reg. 504/99, s. 1.

2. The fund known as the Fund for Egg Producers is continued. R.R.O. 1990, Reg. 444, s. 2.

3. Eggs are designated as a farm product for the purpose of the Act. R.R.O. 1990, Reg. 444, s. 3.

4. (1) There shall be a board to be known as the “Egg Fund Board” to administer the Fund.

(2) The Board shall consist of five members appointed by the Lieutenant Governor in Council under subsection 2 (2) of the Act.

(3) The Board shall elect from among its members a chair and a vice-chair on or before the thirtieth day after the appointment of the Board in 1981 and on or before the 30th day of April in every year thereafter.

(4) The chair and vice-chair hold office as such until the 30th day of April in the year next following the date of their election. R.R.O. 1990, Reg. 444, s. 4.

5. (1) Clause 3 (1) (a) of the Act does not apply in respect of the Fund. R.R.O. 1990, Reg. 444, s. 5.

(2) Despite subsection (1), a producer who sold eggs to Abraham Poultry Farm Limited during the weeks of October 15 and October 22, 1989 may apply to the Board claiming payment from the Fund. O. Reg. 153/92, s. 1.

6. Revoked: O. Reg. 505/95, s. 1.

7. Revoked: O. Reg. 505/95, s. 1.

8. The placing of the whole or any part of a dealer’s assets in the hands of a receiver pursuant to a debenture or like instrument is prescribed as an additional condition to those referred to in subsection 3 (1) of the Act under which a producer may apply for payment from a fund and such applications and payments shall be made in accordance with this Regulation. R.R.O. 1990, Reg. 444, s. 8.

9. (1) An application for payment from the Fund shall be made to the Board. R.R.O. 1990, Reg. 444, s. 9 (1); O. Reg. 153/92, s. 2 (1).

(2) A separate application shall be made to the Board in respect of each dealer against whom a producer has a claim. R.R.O. 1990, Reg. 444, s. 9 (2).

(3) An application shall be made not later than thirty days next following the date on which the whole or any part of the dealer’s assets has been placed in the hands of a trustee for distribution under the Bankruptcy Act (Canada) or the Bulk Sales Act or in the hands of a receiver. R.R.O. 1990, Reg. 444, s. 9 (3); O. Reg. 153/92, s. 2 (2).

(4) Revoked: O. Reg. 505/95, s. 2.

10. On receipt of an application under section 9, the Board shall,

(a) give notice to the dealer by registered mail of the producer’s claim for payment; and

(b) notify the local board. R.R.O. 1990, Reg. 444, s. 10.

11. Where the Board determines that a claim is not valid, it shall refuse payment of the claim and shall give notice of the refusal by registered mail to the producer and to the dealer and shall also notify the local board. R.R.O. 1990, Reg. 444, s. 11.

12. Where the Board determines that a claim is valid it shall,

(a) make payment to the producer from the Fund; and

(b) notify the dealer and the local board. R.R.O. 1990, Reg. 444, s. 12.

13. The Board may refuse to make payment in respect of a claim,

(a) where any cheque received by a producer from a dealer is dishonoured by non-acceptance or non-payment unless the producer has presented the cheque for payment within fifteen days of the date on which the producer received it;

(b) where a producer has made an arrangement with the dealer whereby the time on which payment becomes due is extended;

(c) where a producer fails to make an application within the time prescribed by subsection 9 (3); or

(d) where the applicant and the dealer are associated in any way and the conduct of the applicant or, where the applicant is a corporation, of an officer or director of the applicant or person having power to direct the management of the applicant, caused the default in payment and in the circumstances it would be inequitable to make a payment from the Fund. R.R.O. 1990, Reg. 444, s. 13; O. Reg. 153/92, s. 3.

14. The amount that may be paid out of the Fund to a producer on any application shall not exceed the payment due for eggs for the period of fourteen consecutive days prior to the day on which the whole or any part of the dealer’s assets has been placed in the hands of a trustee for distribution under the Bankruptcy Act (Canada) or the Bulk Sales Act or in the hands of a receiver. R.R.O. 1990, Reg. 444, s. 14.

FORM 1REVOKED: O. REG. 153/92, S. 4.