R.R.O. 1990, Reg. 539: LICENCE FEES

Grain Corn Marketing Act
Loi sur la commercialisation du maïs-grain

R.R.O. 1990, REGULATION 539

LICENCE FEES

Note: This Regulation was revoked on January 1, 2010. See: O. Reg. 486/09, ss. 1, 2.

Last amendment: O. Reg. 486/09.

This Regulation is made in English only.

1. (1) Where the moisture content of grain corn sold by a producer of grain corn is 15.5 per cent or less, the licence fees payable for a licence to sell grain corn are 39.9 cents per tonne of grain corn sold. O. Reg. 416/95, s. 1 (1).

(2) Where the moisture content of grain corn sold by a producer of grain corn is greater than 15.5 per cent,

(a) the equivalent number of tonnes of grain corn with a moisture content of 15.5 per cent is calculated as follows:

and

(b) the licence fees payable for a licence to sell grain corn are 39.9 cents per tonne of the equivalent number of tonnes calculated under clause (a). R.R.O. 1990, Reg. 539, s. 1 (2); O. Reg. 416/95, s. 1 (2).

2. Subject to section 3, the holder of a licence shall pay the licence fees referred to in section 1 to the Association. R.R.O. 1990, Reg. 539, s. 2.

3. (1) Every buyer who receives grain corn from a seller thereof shall deduct from the money payable to the seller the licence fees payable by the seller to the Association respecting the grain corn. R.R.O. 1990, Reg. 539, s. 3 (1).

(2) On the fifteenth day of each month, a buyer of grain corn shall forward to the Association all licence fees deducted by the buyer respecting grain corn received during the preceding calendar month together with a statement showing,

(a) the name and address of each seller in respect of whom the fees were deducted;

(b) the seller’s Association membership number where it has been provided by the seller;

(c) the amount and purchase price of grain corn received from each seller; and

(d) the amount of the licence fees payable to the Association by each seller from whom the buyer has received grain corn. R.R.O. 1990, Reg. 539, s. 3 (2).

4. The Association may recover licence fees owing to the Association by suit in a court of competent jurisdiction. R.R.O. 1990, Reg. 539, s. 4.

5. (1) An application for a refund of licence fees shall,

(a) be in writing;

(b) be addressed to the Association at its usual place of business;

(c) be made within ninety days of the date of the sale of grain corn respecting which the licence fees were paid; and

(d) include a statement in writing issued by the person who deducted the licence fees indicating the amount of licence fees deducted by the person and forwarded to the Association on behalf of the applicant. R.R.O. 1990, Reg. 539, s. 5 (1).

(2) Where an applicant has complied with subsection (1), the Association shall, within ninety days of receipt of the application, refund the licence fees paid by or on behalf of the applicant and for which application for refund was made. R.R.O. 1990, Reg. 539, s. 5 (2).

(3) Despite subsection (1), an application for a refund may be submitted to the Association by or on behalf of the same applicant only once in each quarter of the calendar year. R.R.O. 1990, Reg. 539, s. 5 (3).

Exemptions

6. The following persons are exempt from paying the licence fees referred to in section 1:

1. Producers of grain corn where the producer is selling to a producer who is not engaged in the business of selling grain corn or products derived therefrom.

2. Producers of grain corn where the producer is selling grain corn in respect of which licence fees have previously been paid. R.R.O. 1990, Reg. 539, s. 6.