Definitions

1   In this regulation,

"fee" means a fee imposed under section 2; and

"licensed livestock dealer" means a livestock dealer who is licensed as a livestock dealer under The Livestock and Livestock Products Act.

Fee imposed

2(1)   A fee of $3 is imposed on each vendor of cattle for each head of cattle sold by the vendor.

2(2)   The fee is due and payable by the vendor to the association at the time and place of the sale of the cattle.

M.R. 152/2014

Collection by livestock dealers

3   Every livestock dealer who receives cattle being sold by a vendor shall

(a) deduct the fee from monies payable to the vendor for the cattle; and

(b) remit to the head office of the association within 10 days following the last day of each month the total amount of fees collected by the livestock dealer and not previously remitted to the association, together with a report indicating

(i) the number of head of cattle the livestock dealer received from all vendors of cattle during that month, and

(ii) the amount of the fee deducted from all vendors of cattle during that month.

Commission

4   A livestock dealer making a remittance under section 3 may retain for his or her own purposes as a commission for making the deduction the sum of $0.06 for each fee imposed under this regulation that is deducted and remitted by the livestock dealer in accordance with that section.

M.R. 152/2014

Exemption for licensed livestock dealer who resells within 30 days

5(1)   No fee is imposed under this regulation for cattle sold by a vendor who is a licensed livestock dealer

(a) if such cattle was in the possession of such vendor for 30 days or less prior to such sale; and

(b) if such vendor provides his or her licence number to the purchaser of the cattle at the time of such sale.

5(2)   No fee shall be deducted or remitted by a livestock dealer under section 3 in the circumstances described in subsection (1).

Refunds

6(1)   A vendor is entitled, on application to the association in accordance with this section, to a refund of fees that have been deducted and remitted to the association under this regulation.

6(2)   An application for refund of a fee must be made within 12 months after the date of sale in respect of which the fee was deducted.

6(3)   An application for a refund must

(a) be in the form required by the association and be signed by the vendor; and

(b) verify the deduction of the fees and their remittance to the association.

6(4)   If an application for a refund complies with this section, the association shall make the refund within 30 days after it receives the application.

Repeal

7   The Cattle Fee Regulation, Manitoba Regulation 99/2000, is repealed.