jswizzle3737/ontario_laws_and_regs huggingface dataset:
Definitions
1 In this Act, “grade” means the classification of any livestock or livestock product according to the prescribed standards; (“catégorie”) “inspector” means an inspector appointed for the purposes of this Act; (“inspecteur”) “licence” means a licence required under this Act; (“permis”) “livestock” means animals or poultry designated as livestock in the regulations; (“bétail”) “livestock dealer” means a person engaged in the business of buying or selling livestock as a principal or as an agent; (“marchand de bétail”) “livestock product” means an animal or poultry product designated as a livestock product in the regulations; (“produits du bétail”) “Minister” means the Minister of Agriculture, Food and Rural Affairs; (“ministre”) “regulations” means the regulations made under this Act; (“règlements”) “Tribunal” means the Agriculture, Food and Rural Affairs Appeal Tribunal continued under the Ministry of Agriculture, Food and Rural Affairs Act. (“Tribunal”)  R.S.O. 1990, c. L.20, s. 1; 1994, c. 27, s. 24 (1-3); 1999, c. 12, Sched. A, s. 14; 2009, c. 33, Sched. 1, s. 16 (1). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 24 (1, 2) - 09/12/1994; 1999, c. 12, Sched. A, s. 14 - 22/12/1999 2009, c. 33, Sched. 1, s. 16 (1) - 15/12/2009
Director
1.1 The Minister may appoint a director who shall be responsible to him or her for the administration and enforcement of this Act.  1994, c. 27, s. 24 (4). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 24 (4) - 09/12/1994
Licence required
2 No person shall engage in business, (a)  as a livestock dealer; or (b)  as a dealer in livestock products, without a licence therefor from the director.  R.S.O. 1990, c. L.20, s. 2; 1994, c. 27, s. 24 (5). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 24 (5) - 09/12/1994
Licence required
without a licence therefor from the director.  R.S.O. 1990, c. L.20, s. 2; 1994, c. 27, s. 24 (5). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 24 (5) - 09/12/1994
Licence issue
3 (1) The director shall issue a licence to a person who makes application therefor in accordance with this Act and the regulations and pays the prescribed fee unless, after a hearing, he or she is of opinion that, (a)  the past conduct of the applicant or, where the applicant is a corporation, of its officers or directors, affords reasonable grounds for belief that the operations that would be authorized by the licence will not be carried on in accordance with law; (b)  the applicant is not in a position to observe or carry out the provisions of this Act and the regulations or the terms and conditions under which the licence is issued; or (c)  any other ground for refusal to issue specified in the regulations exists.  R.S.O. 1990, c. L.20, s. 3 (1); 1994, c. 27, s. 24 (5). Renewal (2) Subject to section 5, the director shall renew a licence on application therefor by the licensee in accordance with this Act and the regulations and payment of the prescribed fee.  R.S.O. 1990, c. L.20, s. 3 (2); 1994, c. 27, s. 24 (5). Terms and conditions (3) The director may impose such terms and conditions upon a licence as he or she considers proper.  R.S.O. 1990, c. L.20, s. 3 (3); 1994, c. 27, s. 24 (5). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 24 (5) - 09/12/1994
Variation or removal of term or condition
4 Where a licensee is not satisfied with a term or condition imposed upon the licensee’s licence by the director, the licensee may apply to the director to have the term or condition varied or removed and, where the director proposes to refuse to vary or remove the term or condition, he or she shall hold a hearing.  R.S.O. 1990, c. L.20, s. 4; 1994, c. 27, s. 24 (5). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 24 (5) - 09/12/1994
Refusal to renew, suspension or cancellation
5 (1) The director may refuse to renew or may suspend or cancel a licence if after a hearing he or she is of opinion that, (a)  the premises, facilities and equipment used in the operations authorized by the licence do not comply with the regulations; (b)  the licensee or, where the licensee is a corporation, any officer, director or servant thereof has contravened or has permitted any person under the licensee’s control or direction in connection with the operations authorized by the licence to contravene any provision of this Act or the regulations or of any other Act or the regulations thereunder or of any law applying to the carrying on of the operations authorized by the licence or of the terms and conditions under which the licence was issued and such contravention warrants such refusal to renew, suspension or cancellation of the licence; or (c)  any other ground for refusal to renew, suspension or cancellation specified in the regulations exists.  R.S.O. 1990, c. L.20, s. 5 (1); 1994, c. 27, s. 24 (5). Provisional suspension or refusal to renew (2) Despite subsection (1), the director may, without a hearing, provisionally suspend or refuse to renew a licence where in his or her opinion it is necessary to do so for the immediate protection of, (a)  the safety or health of any person or the public; (b)  the interests of persons selling livestock or livestock products to the licensee; or (c)  a fund for producers of livestock or livestock products established under the Farm Products Payments Act.  R.S.O. 1990, c. L.20, s. 5 (2); 1994, c. 27, s. 24 (5). Notice of suspension or refusal to renew (3) Notice of suspension or refusal to renew under subsection (2), together with the reasons therefor, shall be given forthwith to the licensee and, as soon as is practicable thereafter, the director shall hold a hearing to determine whether the licence should be further suspended or cancelled or whether renewal of the licence should be refused.  R.S.O. 1990, c. L.20, s. 5 (3); 1994, c. 27, s. 24 (5). Continuation of licence pending renewal (4) Subject to subsections (2) and (3), where within the time prescribed therefor or, if no time is prescribed, before expiry of a licence, a licensee has, (a)  applied for a renewal of the licence; (b)  paid the prescribed fee; (c)  where proof of financial responsibility or security is required, furnished or deposited such proof or security; and (d)  observed or carried out the other provisions of this Act and the regulations and the terms and conditions under which the licence was issued, the existing licence shall be deemed to continue until the licensee has received the decision of the director on the licensee’s application for renewal.  R.S.O. 1990, c. L.20, s. 5 (4); 1993, c. 27, Sched.; 1994, c. 27, s. 24 (5). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991; 1994, c. 27, s. 24 (5) - 09/12/1994
Opportunity to show or achieve compliance
6 (1) An applicant or licensee shall be afforded an opportunity to show or to achieve compliance before a hearing with all lawful requirements for the issue or retention of a licence.  R.S.O. 1990, c. L.20, s. 6 (1). Examination of documentary evidence (2) An applicant or licensee who is a party to proceedings in which the director holds a hearing shall be afforded an opportunity to examine before the hearing any written or documentary evidence that will be produced or any report the contents of which will be given in evidence at the hearing.  R.S.O. 1990, c. L.20, s. 6 (2); 1994, c. 27, s. 24 (5). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 24 (5) - 09/12/1994
Variation of decision by director
7 Where the director has refused to issue or renew or has suspended or cancelled a licence pursuant to a hearing, he or she may, at any time of his or her own motion or on the application of the person who was the applicant or licensee, vary or rescind his or her decision, but the director shall not vary or rescind his or her decision adversely to the interests of any person without holding a rehearing to which such person is a party and may make such decision pursuant to such rehearing as he or she considers proper under this Act and the regulations.  R.S.O. 1990, c. L.20, s. 7; 1994, c. 27, s. 24 (5). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 24 (5) - 09/12/1994
Appeal to Tribunal
8 (1) Where the director refuses to issue or renew or suspends or cancels a licence or, after a hearing, imposes terms or conditions upon a licence or refuses to vary a term or condition of a licence, the applicant or licensee may by written notice delivered to the director and filed with the Tribunal within fifteen days after receipt of the decision of the director appeal to the Tribunal.  R.S.O. 1990, c. L.20, s. 8 (1); 1994, c. 27, s. 24 (6); 2006, c. 19, Sched. A, s. 10 (1). Extension of time for appeal (2) The Tribunal may extend the time for the giving of notice by an applicant or licensee under subsection (1), either before or after expiration of such time, where it is satisfied that there are apparent grounds for appeal and that there are reasonable grounds for applying for the extension.  R.S.O. 1990, c. L.20, s. 8 (2); 1994, c. 27, s. 24 (6); 2006, c. 19, Sched. A, s. 10 (2). Powers of Tribunal (3) Where an applicant or licensee appeals to the Tribunal under this section, the Tribunal shall hear the appeal by way of a new hearing and may, after the hearing, confirm or alter the decision of the director or direct the director to do any act he or she is authorized to do under this Act and the regulations and as the Tribunal considers proper and, for such purpose, the Tribunal may substitute its opinion for that of the director.  R.S.O. 1990, c. L.20, s. 8 (3); 1994, c. 27, s. 24 (6); 2006, c. 19, Sched. A, s. 10 (2). Effect of decision pending disposal of appeal (4) Despite the fact that an applicant or licensee has appealed under this section from a decision of the director, unless the director otherwise directs, the decision of the director is effective until the appeal is disposed of.  R.S.O. 1990, c. L.20, s. 8 (4); 1994, c. 27, s. 24 (6). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 24 (6) - 09/12/1994 2006, c. 19, Sched. A, s. 10 (1, 2) - 22/06/2006
Parties
9 (1) The director, the appellant and such other persons as the Tribunal may specify are parties to proceedings before the Tribunal under this Act.  R.S.O. 1990, c. L.20, s. 9 (1); 1994, c. 27, s. 24 (6); 2006, c. 19, Sched. A, s. 10 (3). Members making decision not to have taken part in investigation, etc. (2) Members of the Tribunal assigned to render a decision after a hearing shall not have taken part prior to the hearing in any investigation or consideration of the subject-matter of the hearing and shall not communicate directly or indirectly in relation to the subject-matter of the hearing with any person or with any party or a representative of any party except upon notice to and opportunity for all parties to participate, but such members may seek legal advice from an adviser independent from the parties and in such case the nature of the advice should be made known to the parties in order that they may make submissions as to the law.  R.S.O. 1990, c. L.20, s. 9 (2); 1994, c. 27, s. 24 (6); 2006, c. 19, Sched. A, s. 10 (1). Recording of evidence (3) The oral evidence taken before the Tribunal at a hearing shall be recorded and, if so required, copies of a transcript thereof shall be furnished upon the same terms as in the Superior Court of Justice.  R.S.O. 1990, c. L.20, s. 9 (3); 1994, c. 27, s. 24 (6); 2006, c. 19, Sched. A, s. 10 (1); 2006, c. 19, Sched. C, s. 1 (1). Findings of fact (4) The findings of fact of the Tribunal pursuant to a hearing shall be based exclusively on evidence admissible or matters that may be noticed under sections 15 and 16 of the Statutory Powers Procedure Act.  R.S.O. 1990, c. L.20, s. 9 (4); 1994, c. 27, s. 24 (6); 2006, c. 19, Sched. A, s. 10 (4). Only members at hearing to participate in decision (5) No member of the Tribunal shall participate in a decision of the Tribunal pursuant to a hearing unless he or she was present throughout the hearing and heard the evidence and argument of the parties and, except with the consent of the parties, no decision of the Tribunal shall be given unless all members so present participate in the decision.  R.S.O. 1990, c. L.20, s. 9 (5); 1994, c. 27, s. 24 (6); 2006, c. 19, Sched. A, s. 10 (1). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 24 (6) - 09/12/1994 2006, c. 19, Sched. A, s. 10 (1, 3, 4) - 22/06/2006; 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006
Appeal to court
10 (1) Any party to the hearing before the Tribunal may appeal from the decision of the Tribunal to the Divisional Court in accordance with the rules of court.  R.S.O. 1990, c. L.20, s. 10 (1); 1994, c. 27, s. 24 (6); 2006, c. 19, Sched. A, s. 10 (1). Minister entitled to be heard (2) The Minister is entitled to be heard, by counsel or otherwise, upon the argument of an appeal under this section.  R.S.O. 1990, c. L.20, s. 10 (2). Record to be filed in court (3) The chair of the Tribunal shall file with the Superior Court of Justice the record of the proceedings before the Tribunal which, together with a transcript of the evidence before the Tribunal, if it is not part of the Tribunal’s record, shall constitute the record in the appeal.  R.S.O. 1990, c. L.20, s. 10 (3); 1994, c. 27, s. 24 (6); 2006, c. 19, Sched. A, s. 10 (1); 2006, c. 19, Sched. C, s. 1 (1). Powers of court on appeal (4) An appeal under this section may be made on any question that is not a question of fact alone and the court may confirm or alter the decision of the Tribunal or direct the director to do any act he or she is authorized to do under this Act or may refer the matter back to the Tribunal for reconsideration by the Tribunal as the court considers proper and the court may substitute its opinion for that of the director or the Tribunal.  R.S.O. 1990, c. L.20, s. 10 (4); 1994, c. 27, s. 24 (6); 2006, c. 19, Sched. A, s. 10 (1). Effect of decision of Tribunal pending disposal of appeal (5) Despite the fact that an applicant or licensee has appealed under this section from a decision of the Tribunal, unless the Tribunal otherwise directs, the decision of the Tribunal is effective until the appeal is disposed of.  R.S.O. 1990, c. L.20, s. 10 (5); 1994, c. 27, s. 24 (6); 2006, c. 19, Sched. A, s. 10 (5). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 24 (6) - 09/12/1994 2006, c. 19, Sched. A, s. 10 (1, 5) - 22/06/2006; 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006
Appointment of inspectors
11 The Minister may appoint one or more inspectors for the purposes of this Act and the Lieutenant Governor in Council may fix their remuneration and allowance for expenses.  R.S.O. 1990, c. L.20, s. 11; 1994, c. 27, s. 24 (7). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 24 (7) - 09/12/1994
Disposal of seized livestock, etc.
13 (1) Any livestock or livestock product seized or detained by an inspector shall be disposed of as the Minister may direct.  R.S.O. 1990, c. L.20, s. 13 (1). Livestock seized and detained at expense of owner, etc. (2) Any livestock or livestock product seized, detained or disposed of under this Act is at the risk and expense of the owner thereof, and the inspector shall immediately notify the owner that such livestock or livestock product has been seized, detained or disposed of, as the case may be.  R.S.O. 1990, c. L.20, s. 13 (2).
Dealers’ obligations
14 Every livestock dealer and every dealer in livestock products shall, (a)  furnish security or proof of financial responsibility as required by the regulations; (b)  make payment for livestock or livestock products in the manner and in accordance with the conditions prescribed by the regulations; and (c)  keep such books and records, make such returns and furnish such information, as are prescribed by the regulations.  R.S.O. 1990, c. L.20, s. 14; 1993, c. 27, Sched. Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991
Regulations under other Act
15 (1) Where a fund for livestock or any class thereof is established under the Farm Products Payments Act, the Lieutenant Governor in Council, in regulations made under that Act, may, for the purpose of that Act, (a)  designate as producers any class or classes of persons engaged in selling such livestock or class thereof, as owners or otherwise, and may limit the extent of any such designation; (b)  designate classes of dealers and producers and prescribe different fees payable by different classes to the board constituted to administer the fund, and require the payment of such fees; (c)  provide that the fees payable by any class or classes of producers or persons designated as producers to the board constituted to administer the fund may be collected in the same manner as licence fees fixed under clause 5 (1) (b) of the Beef Cattle Marketing Act; and (d)  exempt any class or classes of producers or persons designated as producers from the application of the Farm Products Payments Act or the regulations made under that Act, or any part thereof.  R.S.O. 1990, c. L.20, s. 15 (1). Power of board to borrow (2) For the purposes of the fund mentioned in subsection (1), if, at any time the amount standing to the credit of the fund is insufficient for the purpose of making payments for claims under the Farm Products Payments Act, the board constituted to administer the fund may borrow such sums as are necessary to meet the deficit by loans from a bank listed in Schedule I or II to the Bank Act (Canada) loan corporation, trust corporation, caisse populaire, credit union or other person.  R.S.O. 1990, c. L.20, s. 15 (2). Guarantee of loans (3) Upon the recommendation of the Minister, the Lieutenant Governor in Council may, upon such terms as the Lieutenant Governor in Council considers proper, guarantee the payment of any loan or loans or any part thereof, together with interest thereon, made to the board for the purposes of subsection (2).  R.S.O. 1990, c. L.20, s. 15 (3). Amount guaranteed (4) The aggregate of the principal sum or sums guaranteed under subsection (3) shall not exceed $1,000,000 outstanding at any one time.  R.S.O. 1990, c. L.20, s. 15 (4). Form and payment (5) Subsections 8 (2) to (6) of the Ministry of Agriculture, Food and Rural Affairs Act apply with necessary modifications to a guarantee given under subsection (3) of this section.  R.S.O. 1990, c. L.20, s. 15 (5); 2009, c. 33, Sched. 1, s. 16 (2). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 1, s. 16 (2) - 15/12/2009
Offence
17 (1) Subject to subsection (2), every person who contravenes any of the provisions of this Act or the regulations is guilty of an offence and on conviction is liable to a fine of not more than $2,000 for a first offence and not more than $5,000 for any subsequent offence.  R.S.O. 1990, c. L.20, s. 17 (1). Idem (2) Every person who engages in business as a livestock dealer without a licence therefor from the director is guilty of an offence and on conviction is liable to a fine of not less than $2,000 for a first offence and not less than $5,000 for any subsequent offence.  R.S.O. 1990, c. L.20, s. 17 (2); 1994, c. 27, s. 24 (13). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 24 (13) - 09/12/1994 ______________  Français