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S.M. 1995, c. 29
The Cattle Producers Association Amendment Act
(Assented to November 3, 1995)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
Sections 8 and 9 are repealed and the following is substituted:
The association may make regulations imposing fees payable to the association by vendors of cattle and providing for the collection and remittance to the association of those fees by livestock dealers.
A regulation under subsection (1) may exempt any class of vendors or livestock dealers from the application of the regulation.
A regulation under subsection (1) must provide that any fees collected will be refundable on the request of a vendor on such terms as the regulation may specify.
No regulation under subsection (1) that imposes a fee of more than $1. for each head of cattle sold by a vendor is valid or enforceable unless it is approved by an annual or special general meeting of the association.
Subsection 12(2) is amended
(a) in the section heading, by striking out "Mailing notice" and substituting "Notice"; and
The following is added after section 13:
The association may establish and operate a vendors' assurance fund to provide a means whereby vendors of cattle may be compensated in the event that a livestock dealer who purchases cattle defaults in payment.
If a fund is established,
(a) there shall be deposited into the fund the levies paid by vendors of cattle as provided for in the regulations; and
(b) the association shall, on such terms and conditions as are provided for in the regulations, make payments from the fund to vendors of cattle when a livestock dealer who purchases cattle defaults in payment.
A person who is required to collect the levies provided for in the regulations shall collect and remit them to the association in accordance with the regulations.
The expenses of the association in administering a fund established under this section, including remuneration and expenses for members of the board and for officers and employees, shall be paid out of the fund.
Investment income earned on a fund established under this section accrues to and forms part of the fund.
If a vendor of cattle has received payment from a fund established under section 14 and also receives a payment from a livestock dealer in full or partial satisfaction of the same debt for which payment from the fund was made, the vendor shall promptly pay to the association the lesser of
(a) the money that the vendor received from the livestock dealer; and
(b) the money the vendor received from the fund.
When a payment is made to a vendor from a fund established under section 14, the association is subrogated to the rights of the vendor against the livestock dealer for the amount so paid, and the association may maintain an action, in the name of the vendor or in the name of the association, against the livestock dealer to recover that amount.
A vendor shall cooperate with and provide assistance to the association in any action against a livestock dealer referred to in subsection (2).
The records, accounts and financial transactions of a fund established under section 14 shall be audited annually by an independent auditor.
The association shall, annually within six months after the end of its fiscal year, make a report to the Minister of Agriculture on the operation of a fund established under section 14, and the report shall include the audited financial statements of the fund and any other information that the Minister may request.
The association may appoint an advisory committee to assist it in the establishment and operation of a fund established under section 14, and it shall appoint such a committee if requested to do so by the Minister of Agriculture.
For the purpose of sections 14 to 17, the association may make regulations
(a) respecting the management of a fund established under section 14;
(b) respecting the payment into and the collection and remittance of levies for the fund, and the refund of levies;
(c) respecting the persons who are required to pay levies into the fund and the assessment of those persons;
(d) governing who can make a claim on the fund and what requirements must be met by a person making a claim, including the proof that a person must provide to establish a claim for payment out of the fund and what efforts a person may be required to take to recover the amount of a claim from a livestock dealer before being entitled to payment out of the fund;
(e) limiting the amount that may be paid out of the fund
(i) to any person or class of persons,
(ii) in respect of any class of cattle, or
(iii) in respect of any livestock dealer or class of livestock dealers;
(f) providing for the terms and conditions of payment from the fund;
(g) respecting the recovery of any money to which the association is entitled under section 14 or the regulations;
(h) respecting any matter necessary or advisable to carry out the purposes of sections 14 to 17 effectively.
A regulation under subsection (1) must provide that any levies collected will be refundable on the request of a vendor of cattle who does not wish to receive compensation from the fund, on such terms as the regulation may specify.
A regulation under subsection (1) is ineffective until it is approved by the Minister of Agriculture.
This Act comes into force on the day it receives royal assent.