Broker certificate
 104. (1) No person shall act as a broker in a transaction described in subsection (2) unless, (a) in the case of an individual, (i) he or she holds a broker certificate, or (ii) another individual is his or her authorized agent, holds a broker certificate and complies with subsection (1.1); (b) in the case of a corporation, an individual is its authorized agent, holds a broker certificate and complies with subsection (1.1). O. Reg. 284/13, s. 20 (1). (1.1) No person shall act as an authorized agent as described in subclause (1) (a) (ii) or clause (1) (b) unless he or she, (a) has ongoing and regular involvement in the operational aspects of the principal’s broking operation; and (b) has advised the Director, in writing, of the intention to act as the principal’s authorized agent. O. Reg. 284/13, s. 20 (1). (1.2) If a person holds a broker certificate or has an authorized agent as described in this section, the person’s employees and contractors may, on the person’s behalf, carry out the activities authorized by the person’s or agent’s broker certificate. O. Reg. 284/13, s. 20 (1). (2) Subsection (1) applies to a transaction if, (a) this Regulation requires the generator of the operation from which the broker in the transaction receives agricultural source materials to have a nutrient management strategy to carry out the operation; or (b) this Regulation requires the operation to which the broker in the transaction transfers agricultural source materials to have a nutrient management plan or a NASM plan. O. Reg. 338/09, s. 76. (3) Subsection (1) does not apply to a transaction that involves only non-agricultural source materials. O. Reg. 338/09, s. 76. (4) Subject to section 109.1, a Director shall issue a broker certificate to an applicant who, (a) pays the fee, if any, established by the Minister; and (b) satisfies the condition or conditions set out in, (i) subsection (5), in the case of a first-time applicant or an applicant who held a broker certificate that has been cancelled or has expired, or (ii) subsection (6), in the case of an applicant who holds a broker certificate that has not been suspended or cancelled and has not expired. O. Reg. 338/09, s. 76; O. Reg. 284/13, s. 20 (2). (5) The following conditions apply to an applicant described in subclause (4) (b) (i): 1. The applicant has attended a course, specified by the Director, that deals with broking operations, or has alternate qualifications that the Director considers equivalent. 2. No earlier than one year before making the application, the applicant has obtained a passing grade on an examination, specified by the Director for the purpose of this subsection, that deals with broking operations. O. Reg. 338/09, s. 76. (6) The following condition applies to an applicant described in subclause (4) (b) (ii): 1. No earlier than one year before making the application, the applicant has obtained a passing grade on an examination, specified by the Director for the purpose of this subsection, that deals with broking operations. O. Reg. 338/09, s. 76. (7) A broker certificate expires on the fifth anniversary of the date on which it is issued. O. Reg. 338/09, s. 76. (8) An individual described in subclause (1) (a) (ii) or clause (1) (b) who ceases to be the principal’s authorized agent shall, within 15 days after the change, provide written notice of the change to the Director and to the principal. O. Reg. 284/13, s. 20 (3). (9) Despite the amendments made to this section by subsections 20 (1), (2) and (3) of Ontario Regulation 284/13, this section, as it read on October 24, 2013, applies to a person who submitted an application under this section on or before that date. O. Reg. 284/13, s. 20 (4). (10) A person who is a corporation’s authorized agent on October 24, 2013 is not required to comply with clause (1.1) (a) until October 25, 2014. O. Reg. 284/13, s. 20 (4). Licences