Licensing and Arbitration Regulations

7. (1) The Minister shall not issue a licence or extend the expiration date of a licence where

• (a) a person referred to in paragraph 3(3)(n) has, in the 10 years preceding the day on which the application is submitted, and unless the person provides the bond or security referred to in section 9,

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

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

  • (iii) 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) been convicted of an offence for which pardon has not been granted or for which pardon was granted but subsequently revoked, where the offence is one of the following offences under the Criminal Code, namely,

    • (A) an offence described in any of sections 119 to 121, in relation to the bribery of public officers or fraud on the government,

    • (B) an offence described in any of sections 131, 132 and 134 to 143, in relation to misleading justice,

    • (C) an offence described in section 222, in relation to homicide,

    • (D) an offence described in any of sections 229 to 231, in relation to murder,

    • (E) an offence described in section 234, in relation to manslaughter,

    • (F) an offence described in section 239, in relation to attempt to commit murder,

    • (G) an offence described in section 240, in relation to accessory after the fact to murder,

    • (H) an offence described in section 247, in relation to the setting of devices likely to cause death or bodily harm,

    • (I) an offence described in section 248, in relation to placing or doing anything to property used in connection with transportation, that is likely to cause death or bodily harm,

    • (J) an offence described in any of sections 265, 267, 268, 269.1 and 270, in relation to assault,

    • (K) an offence described in section 279, in relation to kidnapping,

    • (L) an offence described in any of sections 322, 324, 326 to 328, 330 to 332, 335, 341, 342.1 and 356, in relation to theft or an offence resembling theft,

    • (M) an offence described in any of sections 343, 345 and 346, in relation to robbery or extortion,

    • (N) an offence described in section 348, in relation to breaking and entering,

    • (O) an offence described in section 354, in relation to possession of property obtained by crime,

    • (P) an offence described in any of sections 362 to 364, in relation to false pretences,

    • (Q) an offence described in any of sections 366, 368 to 376 and 378, in relation to forgery or an offence resembling forgery,

    • (R) an offence described in any of sections 380 to 393, in relation to fraud,

    • (S) an offence described in any of sections 397 to 402, in relation to falsification of books and documents,

    • (T) an offence described in any of sections 406 to 411 and 413, in relation to forgery of trade-marks and trade descriptions,

    • (U) an offence described in any of sections 433, 434 and 435, in relation to arson,

    • (V) an offence described in any of sections 449 to 453 and 460, in relation to currency,

    • (W) an offence described in section 462.31, in relation to laundering proceeds of crime, and

    • (X) an offence described in section 463, in relation to attempt or accessory, or

  • (v) 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 (iv)(A) to (X); or

• (b) the applicant, the proprietor, or any officer, director, partner or member, as the case may be,

  • (i) is under the age of majority in the province in which he or she resides,

  • (ii) [Repealed, SOR/2000-183, s. 26]

  • (iii) has, in the 10 years preceding the day on which the application is submitted, been named in an outstanding federal or provincial court order regarding matters related to the operation of any business, unless the person provides the bond or security referred to in section 9,

  • (iv) has, in the 10 years preceding the day on which the application is submitted, 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, unless the person provides the bond or security referred to in section 9,

  • (v) has failed to provide a satisfactory reply to a request for information referred to in subsection 3(2),

  • (vi) has consistently failed to meet debts as they come due or has conducted business in a manner inconsistent with fair and orderly business practices, or

  • (vii) has failed or refuses to provide, maintain or adjust any bond or other security required by the Minister under section 9 or 10.

(2) Where the application mentions a person referred to in subparagraph 3(3)(n)(v) or (vi), or subsequent inquiry by the Minister reveals the presence of such a person, the Minister shall refuse to issue a licence or extend the expiration date of a licence unless the applicant furnishes a bond or other security in accordance with subsection 9(1).

(3) Where an applicant who intends to engage in the business of purchasing or selling agricultural products does not have suitable facilities for the handling and preservation of those agricultural products, the Minister shall refuse to issue a licence or extend the expiration date of a licence.

(4) The Minister shall refuse to issue a licence in a name if use of that name would be likely to deceive.