Livestock Community Sales Act

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Sections38

• 1Definitions

  1 In this Act, “community sale” means a sale or offering for sale of livestock by public auction held at an established place of business where livestock is assembled for the purpose; (“vente à l’encan”) “Director” means the person designated by the Minister as the Director for the purposes of this Act; (“directeur”) “inspector” means an inspector appointed for the purposes of this Act; (“inspecteur”) “licence” means a licence under this Act; (“permis”) “livestock” means cattle, goats, horses, sheep or swine, or the young thereof; (“bétail”) “Minister” means the Minister of Agriculture, Food and Rural Affairs; (“ministre”) “operator” means a person engaged in the business of operating community sales; (“exploitant”) “premises” means the land, buildings and structures at the place of business of an operator; (“locaux”) “regulations” means the regulations made under this Act; (“règlements”…

• 1.
• 2Where Act does not apply

  2 This Act does not apply to, (a) a sale at a stock yard operated by the Ontario Stock Yards Board; (b) a sale of livestock by a local board under the Farm Products Marketing Act; (c) a sale of pure bred livestock that is or is of a class that is designated by the regulations; (d) a sale of cattle by a co-operative corporation to which the Co-operative Corporations Act applies where, (i) one of the objects of the corporation is to operate sales of cattle on a consignment basis, (ii) at least three-quarters of the shareholders or members of the corporation are producers of cattle, and (iii) the corporation operates not more than six sales in any calendar year; or (e) a sale of livestock held at the established place of business of an operator where, (i) the sale is held for the purpose of dispersing an established herd in whole or in part, (ii) only livestock of the herd owner is offered …

• 2.
• 3Licence

  3 No person shall engage in the business of operating community sales without a licence therefor from the Director. R.S.O. 1990, c. L.22, s. 3.

• 3.
• 4Issue of licence

  4 (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, the Director is of opinion that, (a) the applicant or, where the applicant is a corporation, its officers or directors, is or are not competent to engage in the business of operating community sales; (b) having regard to the applicant’s financial position, the applicant cannot reasonably be expected to be financially responsible in the conduct of the business of operating community sales; (c) 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 business of operating community sales pursuant to the licence will not be carried on in accordance with law and with honesty and integrity; (d) the applicant does not…

• 4.
• 5Refusal to renew, suspension or revocation

  5 (1) The Director may refuse to renew or may suspend or revoke a licence if, after a hearing, the Director is of opinion that, (a) the licensee is not or has not been financially responsible in the conduct of the business of operating community sales pursuant to the licence; (b) the premises, facilities and equipment used in the business of operating community sales pursuant to the licence do not comply with this Act and the regulations; (c) there are reasonable grounds for belief that the business of operating community sales pursuant to the licence is not carried on in accordance with honesty and integrity; (d) 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 business of operating community sales to contravene any provision of this …

• 5.
• 6Notice of hearing

  6 (1) The notice of a hearing by the Director under section 4 or 5 shall afford the applicant or licensee a reasonable opportunity to show or to achieve compliance before the hearing with all lawful requirements for the issue or retention of the licence. R.S.O. 1990, c. L.22, 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.22, s. 6 (2).

• 6.
• 7Variation of decision by Director

  7 Where the Director has refused to issue or renew or has suspended or revoked a licence pursuant to a hearing the Director 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 the 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 the Director considers proper under this Act and the regulations. R.S.O. 1990, c. L.22, s. 7.

• 7.
• 8Appeal to Tribunal

  8 (1) Where the Director refuses to issue or renew or suspends or revokes 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.22, s. 8 (1); 1994, c. 27, s. 26 (3); 2006, c. 19, Sched. A, s. 11 (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.22, s. 8 (2); 1994, c. 27, s. 26 (3); 2006, c. 19, Sched. A, s. 11 (2). Powers of Tribunal (3) Where an applicant or licensee appeals to the Tribunal under this section, the Tribunal shall …

• 8.
• 9Parties

  9 (1) The Director, the appellant and such other persons as the Tribunal may specify are parties to the proceedings before the Tribunal under this Act. R.S.O. 1990, c. L.22, s. 9 (1); 1994, c. 27, s. 26 (3); 2006, c. 19, Sched. A, s. 11 (1). 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 representative of a 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…

• 9.
• 10Appeal 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.22, s. 10 (1); 1994, c. 27, s. 26 (3); 2006, c. 19, Sched. A, s. 11 (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.22, 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.22, s. 10 (3); 1994, c. 27, s. 26 (3); 2006, c. 19, Sched. A, s. 11 (1); 2006, c. 19, Sched. C, s. 1 (1). Powers of court on appeal (4) An …

• 10.
• 11Conditions of licence

  11 Every licence is subject to the conditions that the operator, (a) maintains the security required by the regulations; (b) is in possession of premises that have at least one building for the stabling of the livestock that is assembled for the purpose of sale; and (c) complies with this Act and the regulations and any other condition that is imposed by the regulations. R.S.O. 1990, c. L.22, s. 11.

• 11.
• 12Requirements for premises

  12 No operator shall hold a community sale unless, (a) every building in which livestock is kept is subdivided into areas so that each class of livestock may be kept separately and so that the livestock that is designated for sale for purposes other than slaughter may be kept separate from the livestock that is designated for sale for slaughter; (b) facilities for watering livestock are provided in each separate area in which livestock is kept; (c) every floor of every building used for keeping livestock and every passageway over which livestock passes has a reasonably smooth and impermeable surface; (d) every wall, partition, barrier, fence, manger, trough and other structure or part thereof with which livestock may come into contact is free from sharp projections and obstructions that may injure livestock; (e) a room is provided in a convenient location for the use of an inspector as a…

• 12.
• 13Number of livestock on premises

  13 No operator shall assemble livestock for a community sale in greater numbers than may be kept, fed, watered and otherwise cared for on the premises without overcrowding or risk of injury. R.S.O. 1990, c. L.22, s. 13.

• 13.
• 14Conditions precedent to sale

  14 (1) No operator shall commence a community sale until an inspector, (a) has inspected the premises at which the sale is to be held; and (b) has carried out such duties as are prescribed in the regulations to be completed before the commencement of a community sale. R.S.O. 1990, c. L.22, s. 14 (1). Idem (2) No operator shall offer livestock for sale at a community sale unless such livestock has been inspected on the premises by an inspector before being offered for sale. R.S.O. 1990, c. L.22, s. 14 (2).

• 14.
• 15Records

  15 Every operator shall keep for at least twelve months after each community sale a record of the sale showing, (a) the names and addresses of the sellers and buyers of the livestock; (b) the dates of arrival at and departure from the operator’s premises of the livestock; (c) an identification or description of the livestock; (d) the sale price of the livestock; and (e) where the livestock is sold by weight, the weight thereof. R.S.O. 1990, c. L.22, s. 15.

• 15.
• 16Inspectors

  16 (1) The Minister shall appoint a chief inspector who is a veterinarian and such other inspectors as the Minister considers necessary and, despite any other Act, such inspectors have exclusive authority to initiate proceedings to enforce the provisions of this Act and the regulations. R.S.O. 1990, c. L.22, s. 16 (1). Certificate of appointment (2) The production by an inspector of a certificate of his or her appointment purporting to be signed by the Minister is admissible in evidence as proof, in the absence of evidence to the contrary, of his or her appointment without further proof of the signature or authority of the Minister. R.S.O. 1990, c. L.22, s. 16 (2). Powers of inspector (3) Subject to subsections (4), (5) and (6), the Director or an inspector may, for the purpose of carrying out his or her duties under this Act, (a) enter any premises and any truck or other conveyance ther…

• 16.
• 17Obstruction

  17 No person shall hinder or obstruct the Director or an inspector in the course of his or her duties, or refuse to permit him or her to inspect any premises or any truck or other conveyance thereon or any livestock therein, or furnish him or her with false information, or refuse to furnish him or her with information. R.S.O. 1990, c. L.22, s. 17.

• 17.
• 18Offence

  18 Every person who contravenes any of the provisions of this Act or the regulations is guilty of an offence and on conviction is liable for a first offence to a fine of not more than $2,000 and for a second or subsequent offence to a fine of not more than $5,000. R.S.O. 1990, c. L.22, s. 18.

• 18.
• 19Regulations

  19 (1) The Lieutenant Governor in Council may make regulations, (a) establishing classes of community sales and limiting the application of any regulation to any such class; (b) providing for the issue, renewal, refusal to grant or renew, suspension and revocation of licences; (b.1) exempting classes of persons from the requirement under section 3 to hold a licence, in such circumstances as may be prescribed and subject to such restrictions as may be prescribed; (c) Repealed: 1994, c. 27, s. 26 (5). (d) designating sales or classes of sales of pure bred livestock for the purpose of clause 2 (c); (e) prescribing additional conditions to those mentioned in section 11; (f) prescribing the fee payable for a licence and for the renewal thereof; (g) requiring the bonding of operators and prescribing the amount and form of such bonds, the classes of securities that are acceptable as collateral …

• 19.