O. Reg. 327/11: LIVESTOCK

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ontario regulation 327/11

made under the

Livestock and Livestock Products Act

Made: June 22, 2011
Filed: June 28, 2011
Published on e-Laws: June30, 2011
Printed in The Ontario Gazette: July 16, 2011

Amending Reg. 725 of R.R.O. 1990

(Livestock)

1. Section 6 of Regulation 725 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

6. (1) This section applies to the following payments made by a livestock dealer with respect to the sale or consignment of livestock:

1. Payments made to a seller of livestock with respect to any purchase of livestock by the livestock dealer.

2. If the livestock dealer sells livestock on consignment from another person, any payments made by the livestock dealer to the consignor with respect to the sale of the livestock.

(2) In the case of a payment described in subsection (1), the method of payment may be by cheque, direct deposit or electronic payment or any other method of payment agreed to by the livestock dealer and either the seller or the consignor of livestock, as the case may be, subject to subsection (5).

(3) A livestock dealer shall ensure that a payment referred to in subsection (1) is received by the seller or consignor, as the case may be, at or before the following time:

1. If the amount of the total sale is less than $15,000, 1:00 p.m. on the ninth business day after the price determination day.

2. If the amount of the total sale is $15,000 or more, 1:00 p.m. on the sixth business day after the price determination day.

(4) In subsection (3),

“price determination day” means, with respect to a sale of livestock, including a sale on consignment,

(a) the day of weighing, if price of the livestock is determined on a weight basis,

(b) the day of grading, if price of the livestock is determined on a carcass grading basis, or

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

(5) For the purposes of complying with subsection (3),

(a) any method of payment agreed to by the livestock dealer and either the seller or the consignor, as the case may be, must enable the seller or consignor to deposit the payment in their bank account on the day and at the time required under subsection (3); and

(b) in the case of a payment by cheque, the cheque shall be dated no later than the day on which payment is required to be made under subsection (3).

(6) A seller or consignor who does not receive payment in accordance with this section shall promptly notify the director of the default in payment.

2. This Regulation comes into force on the later of January 1, 2011 and the day it is filed.

 

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