Licensing and Arbitration Regulations (SOR/84-432)

8. For the purposes of section 2.1, all fresh fruits and vegetables and edible fungi are agricultural products except

• (a) potatoes in respect of which a certificate has been issued pursuant to the Seeds Regulations and that are sold as seed potatoes;

• (b) nuts and wild fungi;

• (c) wild fruits for which no grades are established; and

• (d) wild vegetables for which no grades are established.

• 9. (1) The Minister shall require a dealer to post a bond, or to provide other security satisfactory to the Minister, as a guarantee that the dealer will comply with the terms and conditions of a licence issued pursuant to these Regulations, where a person referred to in paragraph 3(3)(n)

  • (a) is described in any of subparagraphs 3(3)(n)(i) to (ix); or

  • (b) has a history of slow payment of financial obligations.

• (2) Where the bond or other security posted or provided by a dealer is forfeited under section 11 or cancelled by the bonding company, the dealer’s licence is cancelled as of the date of that forfeiture or cancellation.

• (3) A dealer whose licence has been cancelled under subsection (2) is not entitled to a new licence until he or she posts another bond or provides other security in accordance with subsection (1).

• 10. (1) Where the Minister determines that a bond or other security is no longer satisfactory, the Minister shall, by notice in writing, require the dealer to post a new bond or provide new security in accordance with subsection 9(1).

• (2) Where a dealer fails, within the 21 days after receiving a notice referred to in subsection (1), to post a new bond or provide new security, the dealer’s licence shall be suspended until the bond is posted or the security is provided.

11. Where a dealer fails to comply with a term or condition of the dealer’s licence, the Minister shall require the bond or security that was posted or provided in accordance with section 9 or 10 to be forfeited in whole or in part.

12. A licensed dealer shall not carry on business under a name other than the name specified in his licence.

13. A licensed dealer shall, within 30 days of the occurrence of any of the following events, notify the Minister in writing

• (a) of any change in the ownership or management of his business that involves a transfer of responsibility from the previous management or the employment of a person in a position of responsibility or management;

• (b) of any assignment for the benefit of his creditors under the Bankruptcy and Insolvency Act;

• (c) of any receiving order made against him under the Bankruptcy and Insolvency Act;

• (d) where a receiver or receiver-manager takes possession or control of any of the licensed dealer’s property; or

• (e) of any arrangement or compromise that he enters into with his creditors under any Act of Parliament or the legislature of a province.