2.01 [Repealed, SOR/2006-150, s. 1]

• 2.1 (1) Subject to subsection (2), no dealer shall market in import, export or interprovincial trade any agricultural product prescribed by section 8 unless a licence has been issued to the dealer therefor.

• (2) Subsection (1) does not apply in the case of

  • (a) dealers who market only agricultural products that they grow themselves;

  • (b) dealers who market only agricultural products purchased within the province where their business is located;

  • (c) dealers who market agricultural products directly to consumers if the total invoice value of the products during the current calendar year is less than $230,000;

  • (d) agricultural products that are donated to any organization that is a registered charity as defined in subsection 248(1) of the Income Tax Act or is a club, society or association described in paragraph 149(1)(l) of that Act;

  • (e) dealers who are members of the Fruit and Vegetable Dispute Resolution Corporation — a corporation incorporated under Part II of the Canada Corporations Act, being chapter C-32 of the Revised Statutes of Canada, 1970 — in accordance with the by-laws of that Corporation; and

  • (f) agricultural products that are imported from the United States onto the Akwesasne Reserve for use by an individual who has established permanent residence on the Akwesasne Reserve.

• (3) [Repealed, SOR/2006-150, s. 2]

• 3. (1) Subject to subsection (2) and sections 7 and 15, if an applicant submits to the Minister an application in a form provided by the Agency that includes information referred to in subsections (3) to (6), as the case may be, in a form established by the Minister, together with the applicable fee prescribed by the Canadian Food Inspection Agency Fees Notice, the Minister shall issue a licence authorizing the applicant to engage in one of the following types of business activities, at any place in Canada that is specified in the licence:

  • (a) purchasing or selling agricultural products; or

  • (b) negotiating the purchase or sale of agricultural products for or on behalf of a purchaser or seller.

• (2) When considering an application, the Minister may request from the applicant

  • (a) information relating to the contents of the application and the financial position and past business history of any person referred to in paragraph (3)(n); and

  • (b) copies of the applicant’s articles of incorporation or provincial registration, if any.

• (3) An application referred to in subsection (1) shall include the following information:

  • (a) disclosure of whether the applicant is a sole proprietorship, corporation, partnership or growers’ cooperative association;

  • (b) where the applicant is a sole proprietorship, the applicant’s name, home address and business address, including postal codes, telephone numbers and facsimile numbers, if any;

  • (c) where the applicant is a corporation,

    • (i) the applicant’s name, business address, including the postal code, telephone number and facsimile number, if any,

    • (ii) the name, title and home address, including the postal code, of each officer and each director of the corporation,

    • (iii) the name and home address, including the postal code, of each person holding more than 10 per cent of the outstanding stock of the corporation, and

    • (iv) the name of each officer, director or shareholder of the corporation who is an officer, director or shareholder of another licensed dealer or who occupies a decision-making position with another licensed dealer or who receives remuneration, as an employee, independent contractor or otherwise, from another licensed dealer, and the number of that other dealer’s licence;

  • (d) where the applicant is a partnership,

    • (i) the applicant’s name, business address, including the postal code, telephone number and facsimile number, if any, and

    • (ii) the name and home address, including the postal code, of each partner;

  • (e) where the applicant is a growers’ cooperative association,

    • (i) the applicant’s name, business address, including the postal code, telephone number and facsimile number, if any, and

    • (ii) the name and home address, including the postal code, of each member of the growers’ cooperative association;

  • (f) where the applicant is a sole proprietorship, partnership or growers’ cooperative association, disclosure of whether the proprietor or any partner or member, as the case may be, is an officer, director or shareholder of another licensed dealer or occupies a decision-making position with such a licensed dealer or receives remuneration, as an employee, independent contractor or otherwise, from such a licensed dealer, and the number of that dealer’s licence;

  • (g) where the applicant is a sole proprietorship, partnership or growers’ cooperative association, disclosure of whether the proprietor or any partner or member, as the case may be, is under the age of majority in the province in which the applicant intends to carry on business as a licensed dealer or in the province in which the proprietor, partner or member resides;

  • (h) where the applicant is a corporation, disclosure of whether any officer or director of the corporation is under the age of majority in the province in which the applicant intends to carry on business as a licensed dealer or in the province in which the officer or director resides;

  • (i) indication as to which of the following is to be the applicant’s primary type of business activity, namely,

    • (i) purchasing or selling agricultural products, or

    • (ii) negotiating the purchase or sale of agricultural products for or on behalf of a purchaser or seller;

  • (j) where the applicant intends to engage in the business of purchasing or selling agricultural products, indication as to which one or more of the following the applicant intends to engage principally in, namely,

    • (i) production,

    • (ii) shipping,

    • (iii) trucking,

    • (iv) wholesaling,

    • (v) retailing, or

    • (vi) processing;

  • (k) a description of the kinds of agricultural products to be marketed by the applicant;

  • (l) [Repealed, SOR/2003-6, s. 71]

  • (m) indication as to whether the applicant intends to market in import, export or interprovincial trade; and

  • (n) disclosure of whether, in the 10 years preceding the day on which the application is submitted, any of the following persons, namely, the applicant or, to the best of the applicant’s knowledge, any individual named in the application or any employee of the applicant, or any corporation of which the applicant, the individual or the employee is or has been a director or officer, or any partner of a partnership of which the applicant, the individual or the employee is or has been a partner, or any member of a growers’ cooperative association of which the applicant, the individual or the employee is or has been a member, has, as the case may be,

    • (i) failed to comply with an order of the Board or the Tribunal,

    • (ii) had a licence that was cancelled or suspended under these Regulations,

    • (iii) had a licence that was issued under the Perishable Agricultural Commodities Act, 1930 of the United States and was cancelled or suspended under that Act,

    • (iv) made an assignment of his or her property for the benefit of a creditor or been the subject of a receiving order made under the Bankruptcy and Insolvency Act,

    • (v) had any of his or her property taken possession of or taken control of by a receiver or receiver-manager,

    • (vi) entered into an arrangement with a creditor under any Act of Parliament or of the legislature of a province,

    • (vii) been convicted of an offence under the Criminal Code for which pardon has not been granted or for which pardon was granted but subsequently revoked, where the offence is an offence referred to in any of clauses 7(1)(a)(iv)(A) to (X) of these Regulations,

    • (viii) had a criminal record outside Canada as a result of an offence that, if committed in Canada, would have been an offence referred to in any of clauses 7(1)(a)(iv)(A) to (X), or

    • (ix) been named in an outstanding federal or provincial court order regarding matters related to the operation of any business.

• (4) Where an applicant applies for a licence for the first time, the applicant shall submit with the application

  • (a) in respect of the five years preceding the day on which the application is submitted, particulars, to the best of the applicant’s knowledge, of the business history of

    • (i) the applicant, where the applicant is a sole proprietorship,

    • (ii) its officers and directors, where the applicant is a corporation,

    • (iii) the partners, where the applicant is a partnership, or

    • (iv) its members, where the applicant is a growers’ cooperative association;

  • (b) a letter of reference from a financial institution with which the applicant has recently done business; and

  • (c) the name, address, including the postal code, and telephone number of at least one credit reference other than the financial institution referred to in paragraph (b).

• (5) Where the applicant discloses that an event described in paragraph (3)(n) has occurred in respect of any person referred to in that paragraph, the applicant shall include with the application

  • (a) particulars of the event;

  • (b) a letter of reference from a financial institution with which the person has recently done business; and

  • (c) the name, address, including the postal code, and telephone number of at least one credit reference in respect of the person, other than the financial institution referred to in paragraph (b).

• (6) [Repealed, SOR/2003-6, s. 71]

• (7) An applicant who intends to carry on business as a dealer at more than one place shall submit a separate application in respect of each such place.

• (8) An application for a licence shall be signed by

  • (a) the applicant, where the applicant is a sole proprietorship;

  • (b) an officer or director of the applicant, where the applicant is a corporation;

  • (c) a partner of the applicant, on behalf of the partnership, where the applicant is a partnership; or

  • (d) a member of the applicant, on behalf of the growers’ cooperative association, where the applicant is a growers’ cooperative association.

• (9) The Minister shall, before issuing a licence for a period of less than 12 months, consider any violations of the Act or these Regulations by any person referred to in paragraph (3)(n), any complaints received about such person’s failure to conduct business in a manner consistent with fair and orderly business practices, and all other pertinent information in respect of the business activities of the applicant, including information as to the ability of the applicant to meet all debts as they come due and to conduct business in a manner consistent with fair and orderly business practices.