Licensing and Arbitration Regulations (SOR/84-432)

Regulations are current to 2012-05-02 and last amended on 2011-09-30. Previous Versions

Records Retention

  •  (1) Every licensed dealer shall

    • (a) keep the documents and records referred to in Schedule IV for a period of two years;

    • (b) keep books and records that show for the previous two years

      • (i) the details of the transactions carried out under the authority of his licence, and

      • (ii) the names and addresses of the owners of his business; and

    • (c[Repealed, SOR/2000-184, s. 37]

  • (2) Every licensed dealer who negotiates sales or purchases of an agricultural product for or on behalf of a seller or purchaser shall

    • (a) prepare in triplicate a confirmation of sale form; and

    • (b) retain a copy of that form after it has been executed.

  • SOR/2000-184, s. 37.

Licence Cancellation and Suspension

  •  (1) The Minister shall, after giving a licensed dealer an opportunity to be heard, either suspend the licence for a period of not more than 90 days or cancel the licence, where

    • (a) any situation set out in subsection 7(1), (2) or (4) occurs after the licence has been issued; or

    • (b) the licensed dealer

      • (i) after the licence was issued, failed to comply with the requirements of the Act or these Regulations,

      • (ii) after the license was issued, was convicted of an offence 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),

      • (iii) made a false or misleading statement in the application or in any information submitted pursuant to subsection 3(2),

      • (iv) after the license was issued, made an assignment of his or her property for the benefit of any creditor under the Bankruptcy and Insolvency Act or was petitioned into bankruptcy,

      • (v) after the license was issued, failed to maintain facilities that are suitable for the handling and storage of the agricultural products that the licensed dealer purchases or sells, or

      • (vi) after the license was issued, falsely made, issued, altered, forged or counterfeited, or caused or procured to be falsely made, issued, altered, forged or counterfeited, or willingly aided, caused, procured or assisted in or was a party to falsifying, issuing, altering, forging or counterfeiting, any government document issued under the Act or these Regulations or under the Fresh Fruit and Vegetable Regulations.

  • (2) The Minister may publish a notice in the Canada Gazette respecting the cancellation or suspension of a licence.

  • SOR/96-363, s. 10.

 Where a dealer’s licence is suspended or cancelled, the Minister shall suspend or cancel

  • (a) any other licence issued under the Act to that dealer; and

  • (b) the licence of any other dealer who

    • (i) is an officer, director or shareholder of the dealer whose licence was suspended or cancelled, or

    • (ii) employs anyone who is an officer, director or shareholder of the licensed dealer whose licence was suspended or cancelled.

  • SOR/96-363, s. 11.