jswizzle3737/ontario_laws_and_regs huggingface dataset:
Definitions
1. In this Regulation,  “Board” means the Grain Financial Protection Board; (“Commission”) “chief inspector” means the chief inspector appointed under the Grains Act; (“inspecteur en chef”) “dealer” means a person engaged in the business of buying grain from producers or in selling grain on behalf of producers; (“marchand”) “deferred payment arrangement” means an arrangement between a producer and a dealer in which title to grain passes from the producer to the dealer, the price for the grain is agreed to, and the payment of the sale price is deferred until a date agreed to by the producer and the dealer; (“arrangement de paiement différé”) “delayed price contract” means a sales contract between a producer and a dealer in which title to grain passes from the producer to the dealer and the final price for all or part of the grain is determined at a later date by any means, including on a basis; (“contrat de prix différé”) “Fund” means a fund continued under section 3; (“Fonds”) “grain” means canola, grain corn, soybean and wheat; (“grain”) “grain corn” does not include popping corn, seed corn or sweet corn; (“maïs-grain”) “licence”, (a) in respect of a licence held by a dealer, means a licence to engage in business as a dealer under the Grains Act, and (b) in respect of a licence held by an operator, means a licence to engage in business as a grain elevator operator under the Grains Act; (“permis”) “operator” means a grain elevator operator within the meaning of the Grains Act; (“exploitant”) “producer” means a person engaged in the production of grain. (“producteur”) O. Reg. 70/12, s. 1. Designation of Farm Products
Designated farm products
2. Canola, grain corn, soybeans and wheat are designated as farm products. O. Reg. 70/12, s. 2. Funds and Board Continued
Funds continued
3. (1) The fund for producers of canola, known as the Fund for Canola Producers, is continued. O. Reg. 70/12, s. 3 (1). (2) The fund for producers of grain corn, known as the Fund for Grain Corn Producers, is continued. O. Reg. 70/12, s. 3 (2). (3) The fund for producers of soybeans, known as the Fund for Soybeans, is continued as the Fund for Soybean Producers. O. Reg. 70/12, s. 3 (3). (4) The fund for producers of wheat, known as the Fund for Wheat Producers, is continued. O. Reg. 70/12, s. 3 (4).
Board continued
4. (1) The board known as the Grain Financial Protection Board is continued to administer the funds set out in section 3. O. Reg. 70/12, s. 4 (1). (2) The Board shall have no fewer than five members, and the Minister may designate one member of the Board as chair and one or more members of the Board as vice-chair. O. Reg. 70/12, s. 4 (2). Payment for Grains
Time of payment for sale of grain
5. (1) If a producer sells grain to a dealer under a delayed price contract, the dealer shall pay the sale price to the producer, (a) for the percentage of the market price payable on account, (i) subject to subsection (3), if the grain is sold from storage as that term is defined in the Grains Act, no later than 2 p.m. on the fifth trading day after the day of sale, and (ii) if the grain is not sold from storage as that term is defined in the Grains Act, within 10 trading days after the day on which the grain is delivered to the purchaser; and (b) for the balance of the amount unpaid after payment on account, on the day on which the producer prices the grain to close out the contract. O. Reg. 70/12, s. 5 (1). (2) If a producer sells grain to a dealer, but not under a delayed price contract, the dealer shall pay the sale price to the producer, (a) subject to subsection (3), if the grain is sold from storage as that term is defined in the Grains Act, no later than 2 p.m. on the fifth trading day after the day of sale; and (b) if the grain is not sold from storage as that term is defined in the Grains Act, within 10 trading days after the day on which the grain is delivered to the dealer. O. Reg. 70/12, s. 5 (2). (3) If grain is sold as provided in subsection 18 (3) of the Grains Act and is subject to a deferred payment arrangement, subclause (1) (a) (i) and clause (2) (a) do not apply and payment shall be made on the date or dates agreed to. O. Reg. 70/12, s. 5 (3). (4) If a producer has not priced grain to close out a delayed price contract on or before the first day on which grounds arose for the producer to make a claim for payment from a Fund under section 3 of the Act, the contract is considered to be closed out on that day. O. Reg. 70/12, s. 5 (4). Duty to Notify Chief Inspector
Duty to notify chief inspector
6. (1) A producer shall promptly notify the chief inspector if, (a) the producer has not received payment in accordance with section 5 from the dealer to whom the producer has sold grain; (b) the producer has reason to believe that the dealer to whom the producer has sold grain has ceased to carry on business; or (c) the producer has reason to believe that, (i) any of the assets of the dealer to whom the producer has sold grain have been placed 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 pursuant to a debenture or similar instrument, or (ii) the dealer to whom the producer has sold grain has made a proposal under the Bankruptcy and Insolvency Act (Canada) or the Companies’ Creditors Arrangement Act (Canada). O. Reg. 70/12, s. 6 (1). (2) An owner of grain shall promptly notify the chief inspector if, (a) an operator who is storing grain on the owner’s behalf fails to deliver any of the grain on demand; (b) the owner has reason to believe that an operator who is storing grain on the owner’s behalf has ceased to carry on business; or (c) the owner of the grain has reason to believe that, (i) any of the assets of the operator who is storing grain on the owner’s behalf have been placed 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 pursuant to a debenture or similar instrument, or (ii) the operator who is storing grain on the owner’s behalf has made a proposal under the Bankruptcy and Insolvency Act (Canada) or the Companies’ Creditors Arrangement Act (Canada). O. Reg. 70/12, s. 6 (2). Claims for Payments from Funds
Payment from appropriate Fund
7. Payments made by the Board in accordance with this Regulation shall be made from the Fund that corresponds to the type of grain in respect of which the claim is made. O. Reg. 70/12, s. 7.
Additional grounds for claims
8. In addition to the grounds described in subsection 3 (1) of the Act, a producer may apply to the Board claiming payment from a Fund if, (a) the dealer to whom the producer sold grain has ceased to carry on business; or (b) the whole or any part of the assets of a dealer who has purchased grain from the producer have been placed in the hands of a receiver pursuant to a debenture or like instrument. O. Reg. 70/12, s. 8.
Form of application
9. (1) An application to the Board claiming payment from a Fund shall be in a form satisfactory to the Board. O. Reg. 70/12, s. 9 (1). (2) A producer claiming payment from a Fund shall make a separate application in respect of each dealer in respect of whom the producer has a claim. O. Reg. 70/12, s. 9 (2). (3) An owner claiming payment from a Fund shall make a separate application in respect of each operator in respect of whom the owner has a claim. O. Reg. 70/12, s. 9 (3). (4) No person shall apply to the Board claiming payment from a Fund later than 30 days after the first day on which grounds for making the claim arose. O. Reg. 70/12, s. 9 (4).
Notice of application
10. On receiving an application under section 9, the Board shall give written notice of the application by registered mail, courier or facsimile transmission to the dealer or operator in respect of whom the claim is made and shall give the chief inspector a copy of the notice. O. Reg. 70/12, s. 10.
No payment from Fund
13. The Board shall refuse to make payments in respect of a claim made in respect of a deferred payment arrangement, (a) in the case of a claim for grain that is sold from storage as that term is defined in the Grains Act, if payment is deferred by more than 180 calendar days after the fifth trading day following the day of sale; and (b) in the case of a claim for grain that is not sold from storage as that term is defined in the Grains Act, if payment is deferred by more than 180 calendar days after the tenth trading day following the day of sale. O. Reg. 70/12, s. 13.
Determination and notice
14. (1) The Board shall only pay a claim for payment from a Fund if it determines that the claim is valid. O. Reg. 70/12, s. 14 (1). (2) If the Board pays a claim, it shall give notice by registered mail, courier or facsimile transmission to the applicant and to the dealer or operator in respect of whom the claim is made that the claim has been paid and the amount of the payment. O. Reg. 70/12, s. 14 (2). (3) If the Board refuses to pay a claim, it shall give notice of the refusal by registered mail, courier or facsimile transmission to the applicant and to the dealer or operator in respect of whom the claim is made. O. Reg. 70/12, s. 14 (3). (4) The Board shall give the chief inspector a copy of the notice provided under subsection (2) or (3). O. Reg. 70/12, s. 14 (4).
Dealer or operator to pay Board
15. (1) If the Board makes a payment from a Fund, the dealer or operator against whom the claim for payment was made shall reimburse the Fund by paying to the Board the amount paid out of the Fund on account of the claim. O. Reg. 70/12, s. 15 (1). (2) Payment by the dealer or operator may be made in a single payment or according to a payment schedule approved by the Board. O. Reg. 70/12, s. 15 (2). (3) The Board shall deposit the amounts paid to it under this section into the Fund from which the Board made payment. O. Reg. 70/12, s. 15 (3).
Dealer or operator to pay Board
16. Omitted (revokes other Regulations). O. Reg. 70/12, s. 16.
Dealer or operator to pay Board
17. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 70/12, s. 17. Français