PART II/PARTIE II PART II/PARTIE II REVISED REGULATIONS OF SASKATCHEWAN/ RÈGLEMENTS RÉVISÉS DE LA SASKATCHEWAN TABLE OF CONTENTS/TABLE DES MATIÈRES F-8.001 Reg 31 The Bison Breeder Associations Loan Guarantee Regulations ....... 99 T-18.1 Reg 4 The Vehicle Impoundment (Public Order) Regulations, 2007 ......... 109 SR 8/2007 The Cattle Breeder Associations Loan Guarantee Amendment Regulations, 2007 ..................................................... 122 SR 9/2007 The Cattle Feeder Associations Loan Guarantee Amendment Regulations, 2007 ..................................................... 123 SR 10/2007/ The Queen’s Bench Amendment Regulations, 2007 / RS 10/2007 Règlement de 2007 modifiant le Règlement sur la Cour du Banc de la Reine .............................................................. 124/125 The Saskatchewan Gazette PUBLISHED WEEKLY BY AUTHORITY OF THE QUEEN’S PRINTER Volume 103 REGINA, FRIDAY, MARCH 9, 2007/REGINA, VENDREDI, 9 MARS 2007 No.10/nº10
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97THE SASKATCHEWAN GAZETTE, MARCH 9, 2007
PART II/PARTIE II
PART II/PARTIE IIREVISED REGULATIONS OF SASKATCHEWAN/
SR 8/2007 The Cattle Breeder Associations Loan GuaranteeAmendment Regulations, 2007 ..................................................... 122
SR 9/2007 The Cattle Feeder Associations Loan GuaranteeAmendment Regulations, 2007 ..................................................... 123
SR 10/2007/ The Queen’s Bench Amendment Regulations, 2007 /RS 10/2007 Règlement de 2007 modifiant le Règlement sur la
Cour du Banc de la Reine .............................................................. 124/125
The Saskatchewan GazettePUBLISHED WEEKLY BY AUTHORITY OF THE QUEEN’S PRINTER
Volume 103 REGINA, FRIDAY, MARCH 9, 2007/REGINA, VENDREDI, 9 MARS 2007 No.10/nº10
98 THE SASKATCHEWAN GAZETTE, MARCH 9, 2007
Revised Regulations of Saskatchewan/Règlements Révisés de la Saskatchewan 2007
January 5, 2007The Securities Commission (Adoption of National Instruments)
Amendment Regulations, 2006 (No. 3) ................................................................................... SR 115/2006The Assessment Management Agency Amendment Regulations, 2006 ................................... SR 116/2006The Saskatchewan Medical Care Insurance Payment
Amendment Regulations, 2006 (No.3) .................................................................................... SR 117/2006The Small Claims Amendment Regulations, 2006 (No. 2) / SR 118/2006 /
Règlement no 2 de 2006 modifiant le Règlement de 1998 sur les petites créances .............. RS 118/2006The Milk Control Amendment Regulations, 2006 (No. 12) ...................................................... SR 119/2006
January 26, 2007The Milk Control Amendment Regulations, 2007 .................................................................... SR 1/2007
February 2, 2007The Employee’s Tools Credit Regulations ................................................................................. I-2.01 Reg 4The Driver Licensing and Suspension Amendment Regulations, 2007 .................................. SR 2/2007The Inter-jurisdictional Support Orders Amendment Regulations, 2007 /
Règlement de 2007 modifiant le Règlement sur les ordonnances SR 3/2007 /alimentaires interterritoriales ................................................................................................ RS 3/2007
February 16, 2007The Residential Tenancies Regulations, 2007 ............................................................................ R-22.0001 Reg 1The Labour Standards Amendment Regulations, 2007 ............................................................ SR 4/2007The Saskatchewan Farm Security Amendment Regulations, 2007 .......................................... SR 5/2007The Apprenticeship and Trade Certification Commission Amendment Regulations, 2007 .... SR 6/2007February 23, 2007The Milk Control Amendment Regulations, 2007 (No. 2) ........................................................ SR 7/2007
Règlement de 2007 modifiant le Règlement sur la Cour du Banc de la Reine ................... SR 10/2007/RS 10/2007
99THE SASKATCHEWAN GAZETTE, MARCH 9, 2007
THE SASKATCHEWAN GAZETTE, JANUARY 18, 2002 19
REVISED REGULATIONS OF SASKATCHEWAN
THE SASKATCHEWAN GAZETTE, MARCH 9, 2007 99
CHAPTER F-8.001 REG 31
The Farm Financial Stability ActSections 61 and 84
Order in Council 100/2007, dated February 27, 2007(Filed February 28, 2007)
Title1 These regulations may be cited as The Bison Breeder Associations LoanGuarantee Regulations.
Interpretation2(1) In these regulations:
(a) “Act” means The Farm Financial Stability Act;
(b) “breeder” means a producer who is a member or shareholder of abreeder association;
(c) “breeder agreement” means a producer agreement that:
(i) is between a breeder and a breeder association of which the breederis a member or shareholder; and
(ii) concerns the purchase of breeding stock and production and growingof the offspring of the breeding stock;
(d) “breeder association” means a producer association that:
(i) is formed for the purpose of purchasing breeding stock and producingor growing the offspring of that breeding stock; and
(ii) either:
(A) at any time during the association’s fiscal year, has 10 or moremembers who are parties to a breeder agreement; or
(B) has the prior written approval of the provincial supervisor toconduct business with fewer than 10 members who are parties to abreeder agreement;
(e) “breeding stock” means female bison:
(i) of the genus species Bison bison;
(ii) none of which exceed 96 months in age when purchased;
(iii) that are weaned; and
(iv) that are to be used as breeding stock;
and includes non-pregnant bison that meet the criteria set out in subclauses (i)to (iii) and that have an unweaned calf;
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(f) “custom feeder” means:
(i) a custom operator who is authorized by the provincial supervisor toproduce, grow or finish bison on a fee-for-service basis in a customfeedlot; or
(ii) an operator who produces, grows or finishes bison on a lease basis;
(g) “licensed dealer” means a dealer who holds a valid licence issuedpursuant to The Animal Products Act.
(2) In subsection 46(1) of the Act and subsection 6(1) of these regulations, “loan”means all unpaid advances by a lender to a breeder association made pursuant toan agreement between the breeder association, the lender and Saskatchewan, andincludes all unpaid interest on those advances.
Commodities prescribed3 Breeding stock and the offspring of breeding stock are prescribed as commoditiesfor the purposes of clause 41(c) of the Act.
Prescribed lending institutions4 For the purposes of clause 41(f) of the Act, the following are prescribed lendinginstitutions:
(a) Farm Credit Canada;
(b) Peace Hills Trust Company.
Information required5 A breeder association that applies for a guarantee pursuant to section 45 of theAct shall provide the provincial supervisor with:
(a) a list of the names and addresses of the breeders who are members of thebreeder association, the date of the first advance to the breeder association onbehalf of each breeder and evidence, satisfactory to the minister, of age andSaskatchewan residency for each breeder;
(b) a declaration of whether a loan guaranteed pursuant to the Act has beentaken on behalf of a member of the breeder association; and
(c) the name and address of the lender that will be used by the breederassociation for the purpose of obtaining loans on behalf of its members.
Loan guarantee6(1) Pursuant to subclause 61(d)(i) of the Act, for the purposes of subsection 46(1)of the Act, the maximum amount of a loan that may be guaranteed is an amountequal to 25% of the least of:
(a) the amount outstanding on the loan at the time of a first default on anyadvance following the issuance of the guarantee with respect to the loan, plusaccrued interest as of the time that payment is to be made on the guarantee;
(b) the amount allowed by subsection (7); and
(c) the amount provided for by clause 46(2)(b) of the Act.
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(2) For the purposes of subsection (1), the time of a first default is a datedetermined by the provincial supervisor and the lender, when:
(a) there are unresolved arrears;
(b) part or all of the inventory is missing and no payment is made; or
(c) inventory is sold and there will be a shortfall in payment.
(3) Subject to subsection (4), for the purposes of section 47.1 of the Act, theMinister of Finance may provide a second guarantee to a lender if:
(a) a producer has defaulted on a loan;
(b) the producer has a reasonable chance to repay the loan in the opinion ofthe lender and the minister; and
(c) total defaults do not exceed 35% of the total loans for all producers in thatproducer’s breeder association.
(4) The prescribed maximum amount of advances that may be guaranteedpursuant to subsection (3) is an amount equal to 60% of the amount outstanding onthe advances at the time of the default.
(5) The guarantee provided pursuant to subsection (3) expires when the defaultedloans are paid in full.
(6) The loan on which a guarantee is provided shall be used by the associationonly for the purchase of breeding stock to be produced or grown by its members:
(a) on member farms; or
(b) with custom feeders.
(7) Subject to subsection (8), for the purposes of subsections 46(1) and (2) of theAct, no breeder association shall borrow in excess of:
(a) $50,000 with respect to any individual breeder who:
(i) has not received a guaranteed loan; and
(ii) has belonged to a breeder association for less than one year;
(b) $75,000 with respect to any individual breeder who:
(i) has belonged to a breeder association for at least one year; and
(ii) has produced or grown breeding stock during that year;
(c) $125,000 with respect to any individual breeder who:
(i) has belonged to a breeder association for at least two years; and
(ii) has produced or grown breeding stock in each of those years; and
(d) a total of $6,000,000 with respect to all breeders.
(8) If an individual breeder belongs to both a bison breeder association and abison feeder association, the maximum amount that the associations may borrowon behalf of that individual breeder is $225,000.
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Option of member if stock dies or is culled7 If any breeding stock of a breeder dies or is culled and the breeding stock wascovered by a loan guaranteed pursuant to these regulations, the breeder associationshall require the breeder, at the breeder’s option:
(a) to continue to make payments to retire the loan that the breeder wouldbe required to pay if the breeding stock had not died or been culled and tosecure replacement breeding stock of the equivalent value of the breedingstock that died or was culled; or
(b) to pay out the prorated amount of the loan for the breeding stock thatdied or was culled.
Repayment of advances8(1) Subject to subsections (2) and (3) and section 9, if a breeder associationpurchases breeding stock for a breeder who is a party to a breeder agreement, thebreeder association shall repay the advance used to purchase the breeding stock:
(a) within 72 months after the day on which it purchased the breeding stock;and
(b) in annual payments of 16.7% of the amount of the initial advance, plusinterest, on or before the anniversary date of the advance.
(2) Subject to subsection (3), if a breeder association prepays a portion of theadvance mentioned in subsection (1), the breeder association may, for theremaining term of the advance:
(a) continue to repay the advance in annual payments as set out inclause (1)(b); or
(b) repay the advance in annual payments equalized over the remainingterm of the advance, plus interest, on or before the anniversary date of theadvance.
(3) The provincial supervisor may authorize an association to establish one or twodates for the annual payments for all advances made on behalf of a breeder.
Extension of repayment period9(1) If the provincial supervisor is satisfied that the circumstances warrant it, theprovincial supervisor may do either or both of the following:
(a) subject to subsection (2), extend the period within which all or anyannual repayment is to be made;
(b) vary the amount of any annual repayment.
(2) The provincial supervisor shall not grant an extension pursuant to clause (1)(a)that is greater than 24 months.
103THE SASKATCHEWAN GAZETTE, MARCH 9, 2007
Purchase through licensed dealer10(1) For the purpose of subsection 50(1) of the Act, breeding stock are acommodity that is required to be purchased through a licensed dealer.
(2) The provincial supervisor may authorize a breeder association to purchasebreeding stock from a person who is not a licensed dealer.
Purchase price11(1) In this section and in section 12, “market price” means the market pricefor that kind of breeding stock in that part of Saskatchewan, as set by the minister.
(2) In setting the market price pursuant to subsection (1), the minister shallconsider information respecting market values as provided to the minister by thebreeder association.
(3) The purchase price of all breeding stock purchased by a breeder association isnot to exceed the market price, as at the date of purchase, for that breeding stock.
Purchases from member producers12 For the purposes of section 51 of the Act, a breeder association may purchaseheifers to be used for breeder stock from a member producer for the purpose ofgrowing offspring of that breeding stock by that producer only if the price of thoseheifers does not exceed 100% of their market price.
Purchase and sale by breeder in name of breeder association13(1) Before a breeder purchases breeding stock on behalf of a breeder association,the breeder shall notify the breeder association of the intended purchase in themanner designated by the association.
(2) If a breeder purchases breeding stock on behalf of a breeder association, thebreeder shall ensure that the purchase documents for the breeding stock name thebreeder association as owner of the breeding stock and identify the name of thebreeder.
(3) Before a breeder sells breeding stock purchased on behalf of a breederassociation or offspring of those breeding stock, the breeder shall notify the breederassociation of the intended sale in the manner designated by the breederassociation.
(4) If a breeder sells breeding stock purchased on behalf of a breeder associationor offspring of those breeding stock, the breeder shall ensure that the followingconditions are complied with:
(a) the sales documents for the breeding stock or offspring must be in thename of the breeder association and identify the breeder;
(b) the purchaser shall pay for the breeding stock or offspring by way of acheque or other process of payment that is made payable to the breederassociation and that identifies the breeder.
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(5) If a breeder sells breeding stock purchased on behalf of a breeder association oroffspring of those breeding stock, the proceeds from the sale are to be applied inpriority of payment:
(a) first to any advance used to purchase the breeding stock; and
(b) second to the breeder in accordance with any breeder agreement.
(6) Subsections (3), (4) and (5) do not apply to breeding stock or offspring of thosebreeding stock if the breeder association has transferred ownership of the breedingstock or offspring to the breeder and issued a signed transfer of ownership formrespecting that transfer to the breeder.
(7) A breeder association may deduct from any payment made to a breederpursuant to clause (5)(b):
(a) any amount owing to the breeder association by the breeder, includingany amount owing to the association by the breeder pursuant to:
(i) a bison feeder agreement, as defined in The Bison Feeder AssociationsLoan Guarantee Regulations;
(ii) a cattle breeder agreement, as defined in The Cattle BreederAssociations Loan Guarantee Regulations, 1991; or
(iii) a cattle feeder agreement, as defined in The Cattle FeederAssociations Loan Guarantee Regulations, 1989; and
(b) any costs, fees or expenses incurred by the breeder association withrespect to that breeder.
Inspection exemption on purchases14 The provincial supervisor may authorize a bison breeder association that isalso a bison feeder association to purchase breeding stock as defined in clause 2(1)(e)from a bison feeder association without an inspection pursuant to The LivestockInspection and Transportation Regulations, 1978.
Time of sale of offspring15 If a breeder association purchases breeding stock for a breeder who is a partyto a breeder agreement and the yearly payment on the loan respecting the breedingstock has not yet been made by the breeder in accordance with the terms of the loan,the breeder association shall cause the offspring of the stock to be sold:
(a) on or before the first anniversary date of the advance used to purchasethe breeding stock; or
(b) within a greater period authorized by the provincial supervisor, but notmore than six months after the anniversary date mentioned in clause (a).
105THE SASKATCHEWAN GAZETTE, MARCH 9, 2007
Weaning of calves16(1) Subject to subsection (2), if a breeder association purchases breeding stockfor a breeder who is a party to a breeder agreement, the breeder shall wean allcalves from the breeding stock no later than December 31 of the year in which thecalf was born.
(2) On the application of the breeder association, the provincial supervisor mayextend the period by which calves are to be weaned from the breeding stock to notlater than the June 30 of the year following the year in which the calf was born.
Tagging of breeding stock17(1) All breeding stock purchased by a breeder association and the offspring ofthose breeding stock must have:
(a) a radio frequency identification ear tag issued by the Canadian BisonAssociation;
(b) a metal ear tag issued by the Saskatchewan Bison Association; and
(c) one additional tag that:
(i) distinguishes the bison purchased for each member from any otherbison purchased for other members; and
(ii) is approved by the provincial supervisor.
(2) Before completing a breeder agreement, a local supervisor shall inspect thebison to ensure that the bison have been tagged in accordance with subsection (1).
(3) All offspring from breeding stock required to be tagged as set out insubsection (1) shall be tagged as required before December 31 of the year in whichthe calf was born.
(4) Notwithstanding subsection (1), the offspring of breeding stock need not betagged if:
(a) before the time mentioned in subsection (3), the breeder association hasprepaid the annual payment on the loan respecting the breeding stock inaccordance with section 8; and
(b) the local supervisor has confirmed the inventory of breeding stock.
Record of movement18 If a breeder moves bison that were purchased by a breeder association for thatbreeder, the breeder shall within one week of the move provide copies of any recordof movement forms provided by the Canadian Bison Association with respect tothose bison to the breeder association.
106 THE SASKATCHEWAN GAZETTE, MARCH 9, 2007
Reports of breeder associations19 For the purpose of section 56 of the Act, every breeder association shall includein the report required pursuant to that section a record of:
(a) the breeding stock and its offspring currently owned by the breederassociation;
(b) the transactions, including sale and purchase, of the breeding stock andits offspring owned by the breeder association;
(c) the breeding stock and its offspring lost by the breeder association; and
(d) with respect to each member of the breeder association:
(i) the breeding stock placed with a custom feeder;
(ii) the name and location of the custom feeder with whom the breedingstock are placed;
(iii) payment of custom feeding bills;
(iv) an annual physical inventory; and
(v) the amount of the member’s deposit in the association’s breederassurance fund.
Reports by lender20 For the purposes of section 56 of the Act, every lender shall include in thereport required pursuant to that section a record of:
(a) all advances made to breeder associations;
(b) the names of the breeder associations to which the advances were madeand the dates of those advances;
(c) the loan balance outstanding with respect to each breeder associationthat has received an advance;
(d) the accrued interest on those advances;
(e) with respect to each member for which a breeder association has receivedan advance from that lender, the amount of the loans authorized to beguaranteed pursuant to these regulations with respect to that member; and
(f) total amount of assurance funds on deposit for each breeder association.
Deposits to breeding stock assurance fund21(1) For the purposes of section 59 of the Act but subject to subsection (2) of thissection, when a breeder association borrows money for the purchase of breedingstock for a breeder, the breeder shall deposit with the association’s breeding stockassurance fund an amount equal to 10% of the money borrowed.
(2) Subject to subsection (4), if, at the time the breeder association borrows moneyon behalf of a breeder, any amount stands to the credit of the breeder in theassociation’s breeding stock assurance fund in excess of 10% of the advancesoutstanding for that breeder, including interest, that amount may be applied tothe 10% deposit required pursuant to subsection (1).
107THE SASKATCHEWAN GAZETTE, MARCH 9, 2007
(3) Before entering into any new breeder agreements after a payment is made outof the association’s breeding stock assurance fund for the purpose mentioned inclause 59(2)(b) of the Act, a breeder association shall require all of its breedermembers to deposit sufficient funds with the association’s breeding stock assurancefund to replenish the assurance fund to 10% of all outstanding advances for allbreeder members.
(4) Subsection (2) does not apply if:
(a) a breeder wishes to enter into new breeder agreements with the breederassociation after a payment is made out of the association’s breeding stockassurance fund for the purpose mentioned in clause 59(2)(b) of the Act; and
(b) the breeder association or the lender requires the breeder to make adeposit to the association’s breeding stock assurance fund in accordance withsubsection (1) with respect to all new advances for the breeder, until alladvances outstanding at the time the breeder association recommencesoperations have been paid.
Refund of deposits22(1) In this section, “prorated share” means an amount based on the amountof a breeder’s deposit in the association’s breeding stock assurance fund:
(a) as a proportion of the total deposits to the assurance fund; and
(b) calculated at the time the claim against the assurance fund is made.
(2) For the purposes of subsection 59(4) of the Act but subject to subsections (3)and (4) of this section, if a breeder resigns from a breeder association and is not indefault with respect to any advance, the breeder association shall refund to thebreeder, within the period set out in subsection (7), the deposits made by thebreeder pursuant to subsection 21(1) less any amount deducted pursuant tosubsection (10).
(3) No breeder association that has a due or an overdue account with a lendershall refund to the breeder the deposits made by the breeder pursuant tosubsection 21(1).
(4) If a breeder who is not in default with respect to any advance resigns from abreeder association that has paid a due or an overdue account to a lender out of theassociation’s breeding stock assurance fund, the breeder association shall refund tothe breeder, within the period set out in subsection (7), an amount equal to thatbreeder’s prorated share at the time of resignation, less any amount deductedpursuant to subsection (10).
(5) Subject to subsections (3) and (4), if a breeder who is not in default withrespect to any advance remains a member of a breeder association but has beeninactive in the affairs of the breeder association for 90 days or more, the breederassociation may refund to that breeder the deposits made by that breeder pursuantto subsection 21(1), less any amount deducted pursuant to subsection (10), anytime after the expiration of the 90-day period.
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(6) Subject to subsections (3) and (4), if a breeder who is not in default with respectto any advance remains a member of a breeder association and has outstandingbreeder agreements with the breeder association, and if the breeder association, onbehalf of that breeder, has repaid any advance or advances made pursuant to one ormore breeder agreements, the breeder association may refund to that breeder, anytime after 90 days from the date the advance was repaid, the deposits made by thatbreeder pursuant to subsection 21(1) relating to those repaid advances, less:
(a) any deposit applied to new advances in accordance with subsections 21(2)and (4); and
(b) any amount deducted pursuant to subsection (10).
(7) Subject to subsections (8) and (9), if a breeder association makes a refundpursuant to subsection (2) or (4), the breeder association shall make the refund notless than 90 days after nor more than 105 days after the day on which the breederresigns.
(8) Subject to subsection (9), if a breeder was inactive in the breeder associationimmediately before resigning, the breeder association must reduce the number ofdays mentioned in subsection (7) by the number of days that the breeder wasinactive.
(9) Any reduction in the number of days pursuant to subsection (8) must not:
(a) result in a negative number of days; or
(b) give the breeder association less than 15 days from the day the breederresigns to make the refund.
(10) If a breeder association makes a refund pursuant to this section, the breederassociation may deduct from the refund:
(a) any amount owing to the breeder association by the breeder, includingany amount owing to the association by the breeder pursuant to:
(i) a bison feeder agreement, as defined in The Bison Feeder AssociationsLoan Guarantee Regulations;
(ii) a cattle breeder agreement, as defined in The Cattle BreederAssociations Loan Guarantee Regulations, 1991; or
(iii) a cattle feeder agreement, as defined in The Cattle FeederAssociations Loan Guarantee Regulations, 1989; and
(b) any costs, fees or expenses incurred by the breeder association withrespect to that breeder.
Prorating among agreements23(1) In this section:
(a) “bison” means breeding stock and bison as defined in The Bison FeederAssociations Loan Guarantee Regulations;
(b) “feeder agreement” means a feeder agreement as defined in The BisonFeeder Associations Loan Guarantee Regulations.
109THE SASKATCHEWAN GAZETTE, MARCH 9, 2007
(2) A breeder association may prorate bison, or the proceeds of the sale of bison,among different breeder agreements and feeder agreements if the bison that arethe subject of a breeder agreement:
(a) have been kept with bison that are the subject of other breederagreements or feeder agreements with the breeder association; and
(b) in the breeder association’s opinion, are not uniquely identified to anyparticular breeder agreement or feeder agreement.
Coming into force24 These regulations come into force on the day on which they are filed with theRegistrar of Regulations.
CHAPTER T-18.1 REG 4
The Traffic Safety ActSection 287
Order in Council 104/2007, dated February 27, 2007(Filed February 28, 2007)
Title1 These regulations may be cited as The Vehicle Impoundment (Public Order)Regulations, 2007.
Interpretation2(1) In these regulations:
(a) “Act” means The Traffic Safety Act;
(b) “Form” means a Form as set out in the Appendix;
(c) “tow truck operator” means a person who operates a towing vehicle ora tow truck.
(2) For the purposes of these regulations and Division 3 of Part XV of the Act,“owner” means the person in whose name a motor vehicle is registered pursuantto the laws of the jurisdiction in which the motor vehicle is registered.
Notice of seizure3 The prescribed form of a notice of seizure and impoundment or immobilizationpursuant to Division 3 of Part XV of the Act is Form A.
Service of notice of seizure4 If a peace officer seizes a motor vehicle pursuant to section 174 of the Act, thepeace officer shall serve the notice of seizure and impoundment or immobilizationon the driver and the owner of the motor vehicle:
(a) personally; or
(b) by registered mail.
110 THE SASKATCHEWAN GAZETTE, MARCH 9, 2007
Prescribed fees, costs and charges for garage keeper5(1) A garage keeper who impounds or immobilizes a motor vehicle pursuant tosection 175 of the Act is entitled to the fees, costs and charges set out in The VehicleImpoundment (Unauthorized Driver) Regulations, 2006.
(2) For the purposes of subsection (1), the provisions respecting fees, costs andcharges in The Vehicle Impoundment (Unauthorized Driver) Regulations, 2006apply, with any necessary modifications, to garage keepers who impound orimmobilize a motor vehicle pursuant to section 175 of the Act.
Duties of garage keeper6 A garage keeper who impounds or immobilizes a motor vehicle, or a tow truckoperator who assists the garage keeper for the purpose of impounding orimmobilizing a motor vehicle pursuant to Division 3 of Part XV of the Act, shallmake an inventory of the motor vehicle’s contents and a report on the condition ofthe motor vehicle in Form B.
Prescribed maximum amount - section 175 of the Act7 For the purposes of clause 175(4)(a) of the Act, the prescribed maximum amountis the total amount of the fees, costs and charges prescribed pursuant to section 5relating to the impoundment or immobilization of the motor vehicle by the garagekeeper for the period:
(a) commencing on the date of the seizure; and
(b) ending on the tenth day following the day on which the garage keeperreceives the certificate of the designated official authorizing the garage keeperto release the motor vehicle.
Report and return of garage keeper - sale of motor vehicle8 Within 14 days after selling a motor vehicle pursuant to section 176 of the Act,the garage keeper who sold the motor vehicle shall make a return to the designatedofficial in Form C.
Application of proceeds of sale9(1) If a garage keeper sells a motor vehicle pursuant to section 176 of the Act, thegarage keeper shall apply the proceeds of the sale to the satisfaction of any lien thatthe garage keeper has pursuant to subsection 175(2) of the Act.
(2) If, after applying the proceeds of a sale in the manner prescribed insubsection (1), any excess remains, the garage keeper shall forward the excess tothe designated official.
(3) If the designated official receives money pursuant to subsection (2), thedesignated official shall:
(a) apply the money towards the satisfaction of:
(i) first, any security interest or other interest perfected against themotor vehicle pursuant to The Personal Property Security Act, 1993; and
(ii) second, any outstanding fees incurred by the designated official as aresult of the seizure and impoundment or immobilization of the motorvehicle; and
111THE SASKATCHEWAN GAZETTE, MARCH 9, 2007
(b) except if clause 186(2)(b) of the Act applies or if any charge for aproscribed offence against a person who was in the motor vehicle at the time itwas seized has not been disposed of, forward any balance remaining to theowner of the motor vehicle.
(4) Notwithstanding subsection (3), the designated official is not required torefund any amount pursuant to clause (3)(b) unless the amount exceeds $1.
Prescribed value of motor vehicle10 For the purposes of Division 3 of Part XV of the Act, the prescribed value of amotor vehicle is the fair market value of the motor vehicle as determined by thedesignated official.
Declaration by garage keeper11(1) For the purposes of clause 177(2)(b) of the Act, the statutory declaration bya garage keeper declaring that the amount of the lien arising out of the seizure andimpoundment or immobilization exceeds the garage keeper’s estimate of the valueof the motor vehicle is to be in Form D.
(2) For the purposes of clause 177(6)(a) of the Act, the administrator shall applythe refund towards satisfaction of:
(a) first, any lien that the garage keeper has pursuant to subsection 175(2) ofthe Act;
(b) second, any security interest or other interest perfected against themotor vehicle pursuant to The Personal Property Security Act, 1993; and
(c) third, any outstanding fees incurred by the designated official as a resultof the seizure and impoundment or immobilization of the motor vehicle.
Prescribed interest rate - amounts owing by owner to designated official12 For the purposes of clause 178(4)(c) of the Act, the prescribed interest rate isthe interest rate in effect pursuant to The Pre-judgment Interest Act.
Application to justice for release of a motor vehicle13(1) A person who applies to a justice pursuant to Division 3 of Part XV of theAct for the release of a motor vehicle that has been seized and impounded orimmobilized shall:
(a) apply in Form E; and
(b) pay a fee of $100.
(2) A person making an application mentioned in subsection (1) shall deliver theapplication and the fee to the office of the Provincial Court of Saskatchewannearest to the location where the motor vehicle was seized.
(3) The clerk of the Provincial Court of Saskatchewan who receives an applicationand a fee pursuant to subsection (2) shall advise the applicant of the date, time andlocation for hearing the application.
112 THE SASKATCHEWAN GAZETTE, MARCH 9, 2007
Procedure on application to justice for release of motor vehicle14(1) At the hearing of an application to a justice pursuant to Division 3 ofPart XV of the Act:
(a) the applicant and any witness providing evidence for the applicant shallappear in person unless the justice is satisfied that it would be in the publicinterest to allow the applicant or the witness to provide evidence by telephone;and
(b) if requested by the justice to do so or if the designated official is of theopinion that given the circumstances of a particular application it would beappropriate to do so, the designated official may provide evidence in person orby telephone.
(2) For the purposes of a hearing mentioned in subsection (1), the designatedofficial shall file with the office of the Provincial Court of Saskatchewan to whichthe application was delivered a written report that includes the following information:
(a) the information mentioned in subsection 180(4) of the Act;
(b) information in the records of the administrator respecting any othermotor vehicles registered to:
(i) the applicant, if other than the owner;
(ii) the owner;
(iii) the driver;
(iv) any other person who was in the motor vehicle when it was seized;and
(v) a member of the immediate family of any of persons mentioned insubclauses (i) to (iv);
(c) the criminal record for any proscribed offence of the driver and any otherperson who was in the motor vehicle when it was seized;
(d) a record of any previous seizures of motor vehicles pursuant to Division 3of Part XV of the Act involving any of the persons mentioned in clause (b); and
(e) any other information that, in the opinion of the designated official,would be of assistance to the justice in deciding the application.
(3) On the request of the applicant to a clerk of the Provincial Court ofSaskatchewan, a copy of a report filed pursuant to subsection (2) is to be provided,without charge, to the applicant.
(4) The justice may adjourn the application:
(a) to allow the applicant or the designated official time to obtain furtherinformation;
113THE SASKATCHEWAN GAZETTE, MARCH 9, 2007
(b) if evidence is being provided by telephone and the justice determines thatthe taking of evidence by telephone is unsatisfactory, to allow the persongiving evidence by telephone to appear in person before the justice; or
(c) if the justice considers it is necessary to determine the application.
(5) If the applicant fails to appear at the hearing, the justice may consider theapplication in the absence of the applicant.
Applications to designated official for release15 A person who applies to the designated official for release of a motor vehiclepursuant to Division 3 of Part XV of the Act shall:
(a) apply in the form provided by the designated official; and
(b) subject to section 19, pay the designated official a fee of $50.
Application for certificate authorizing garage keeper to release a motor vehicle16(1) If a justice, a peace officer or the designated official authorizes the release ofa motor vehicle pursuant to Division 3 of Part XV of the Act, the owner or a personauthorized by the owner shall, subject to section 19, pay a release fee of $50:
(a) to the designated official; or
(b) at any office of the Provincial Court of Saskatchewan.
(2) A garage keeper shall not release a motor vehicle that was seized andimpounded or immobilized pursuant to Division 3 of Part XV of the Act withoutfirst obtaining a certificate of the designated official issued pursuant to this section.
(3) The designated official shall issue a certificate authorizing the garage keeperto release the motor vehicle on receipt of:
(a) if the release fee was paid to the designated official pursuant toclause (1)(a), the release fee; or
(b) if the release fee was paid at an office of the Provincial Court ofSaskatchewan pursuant to clause (1)(b), proof satisfactory to the designatedofficial of payment of the release fee.
Required deposit by owner for release of motor vehicle17 On an application for release pursuant to section 182 of the Act, the ownershall deposit with the designated official either of the following:
(a) cash, a certified cheque or a money order payable to the Minister ofFinance in an amount equal to the fair market value of the motor vehicle asdetermined by the designated official;
(b) an irrevocable letter of credit payable to the Minister of Finance in anamount equal to the fair market value of the motor vehicle as determined bythe designated official.
114 THE SASKATCHEWAN GAZETTE, MARCH 9, 2007
When designated official may release motor vehicle - prescribed circumstances18 For the purposes of section 184 of the Act, the following are prescribedcircumstances:
(a) an application is made to the designated official by a secured party forrelease of a motor vehicle against which the secured party registered asecurity interest pursuant to The Personal Property Security Act, 1993 beforethe date on which the motor vehicle was seized;
(b) an application is made to the designated official by an owner for releaseof a motor vehicle that the owner had reported to the police as a stolen motorvehicle before the seizure of the motor vehicle;
(c) the designated official is satisfied that the motor vehicle was seized inerror;
(d) the designated official is satisfied that no person who was in the motorvehicle at the time it was seized will be charged with a proscribed offencearising out of the circumstances leading to the seizure.
When designated official may pay garage keeper’s fees19 If the designated official authorizes the release of a motor vehicle pursuant toDivision 3 of Part XV of the Act, the designated official may:
(a) pay the fees, costs and charges that the garage keeper is entitled topursuant to Division 3 of Part XV of the Act and these regulations; and
(b) exempt the person applying for release of the motor vehicle pursuant toDivision 3 of Part XV of the Act or a certificate authorizing release of themotor vehicle pursuant to section 16 from paying the fee prescribed in thosesections.
Personal property that may be removed20 For the purposes of subsection 187(3) of the Act, the following types ofpersonal property are prescribed as personal property that may be removed from amotor vehicle:
(a) child restraint systems;
(b) infant restraint systems;
(c) booster cushions;
(d) devices for the use of the handicapped.
R.R.S. c.H-3.1 Reg 19 repealed21 The Vehicle Impoundment (Public Order) Regulations are repealed.
Coming into force22 These regulations come into force on the day on which they are filed with theRegistrar of Regulations.
115THE SASKATCHEWAN GAZETTE, MARCH 9, 2007
Appendix
FORM A
Notice of Seizure and Impoundment or Immobilization
[Section 3]
THIS VEHICLE MAY ONLY BE RELEASED ON RECEIPT OF A CERTIFICATE SIGNED BY THE DESIGNATED OFFICIAL
DRIVER INFORMATION
Name of Driver: _______________________________________________________________________________________
(Last Name) (First Name) (Initial)
Date of Birth: _____________________________________________
Date Application Fee Received Office of Provincial Court Receiving Fee
Fax to Designated Official at (306) 787-8084
HEARING OF AN APPLICATION FOR RELEASE OF MOTOR VEHICLE
For the use of the Provincial Court Clerk:
Date and time of hearing: _________________________________________________________________________________
Place of hearing: ________________________________________________________________________________________
Method used to advise applicant of date, time and place of hearing: _______________________________________________
________________________________________________
(Signature of Court Clerk)
DISPOSITION OF APPLICATION
Designated official is ordered to release motor vehicle: Yes No
Designated official is ordered to return application fee: Yes No
____________________________________________ ________________________________________________(Signature of Justice or Court Clerk) (Date)
NOTICE TO APPLICANT
RIGHT OF APPEAL
A person who is dissatisfied with this decision may appeal this decision to a judge of the Court of Queen’s Bench, within 30 days ofthis decision.
CERTIFICATE AUTHORIZING RELEASE
If release of the vehicle is authorized, a Certificate Authorizing Release by Garage Keeper will be issued by the Designated Official onpayment of the release fee of $50. You may pay the fee at any office of the Provincial Court in Saskatchewan by certified cheque, money order
or cash. Payments may be made by debit card, MasterCard or Visa at some offices of the Provincial Court of Saskatchewan. The CertificateAuthorizing Release by Garage Keeper will be faxed directly to the Garage Keeper after the Designated Official receives confirmation of
Date $50 Release Fee Received Office of Provincial Court Receiving Fee
Fax to Designated Official at (306) 787-8084
122 THE SASKATCHEWAN GAZETTE, MARCH 9, 2007
SASKATCHEWAN REGULATIONS 8/2007
The Farm Financial Stability ActSections 61 and 84
Order in Council 101/2007, dated February 27, 2007(Filed February 28, 2007)
Title1 These regulations may be cited as The Cattle Breeder Associations LoanGuarantee Amendment Regulations, 2007.
R.R.S. c.F-8.001 Reg 5 amended2 The Cattle Breeder Associations Loan Guarantee Regulations, 1991 are amendedin the manner set forth in these regulations.
Section 5 amended3 Section 5 is amended:
(a) by adding the following subsections after subsection (2.5):
“(2.6) Subject to subsection (2.7), for the purposes of section 47.1 of the Act, theMinister of Finance may provide a second guarantee to a lender if:
(a) a producer has defaulted on a loan;
(b) the producer has a reasonable chance to repay the loan in the opinion ofthe lender and the minister; and
(c) total defaults do not exceed 35% of the total loans for all producers in thatproducer’s breeder association.
“(2.7) The prescribed maximum amount of advances that may be guaranteedpursuant to subsection (2.6) is an amount equal to 60% of the amount outstandingon the advances at the time of the default.
“(2.8) The guarantee provided pursuant to subsection (2.6) expires when thedefaulted loans are paid in full”; and
(b) in subsection (5) by striking out “$225,000” andsubstituting “$300,000”.
Section 9.1 amended4 Clause 9.1(6)(a) is amended:
(a) by striking out “or” after subclause (i); and
(b) by adding the following after subclause (i):
“(i.1) a bison breeder agreement, as defined in The Bison BreederAssociations Loan Guarantee Regulations; or”.
Section 16 amended5 Clause 16(8)(a) is amended:
(a) by striking out “or” after subclause (i); and
(b) by adding the following after subclause (i):
“(i.1) a bison breeder agreement, as defined in The Bison BreederAssociations Loan Guarantee Regulations; or”.
Coming into force6 These regulations come into force on the day on which they are filed with theRegistrar of Regulations.
123THE SASKATCHEWAN GAZETTE, MARCH 9, 2007
SASKATCHEWAN REGULATIONS 9/2007
The Farm Financial Stability ActSections 61 and 84
Order in Council 102/2007, dated February 27, 2007(Filed February 28, 2007)
Title1 These regulations may be cited as The Cattle Feeder Associations LoanGuarantee Amendment Regulations, 2007.
R.R.S. c.F-8.001 Reg 1 amended2 The Cattle Feeder Associations Loan Guarantee Regulations, 1989 are amendedin the manner set forth in these regulations.
Section 4 amended3 Section 4 is amended:
(a) by adding the following subsections after subsection (2.5):
“(2.6) Subject to subsection (2.7), for the purposes of section 47.1 of the Act, theMinister of Finance may provide a second guarantee to a lender if:
(a) a producer has defaulted on a loan;
(b) the producer has a reasonable chance to repay the loan in the opinion ofthe lender and the minister; and
(c) total defaults do not exceed 35% of the total loans for all producers in thatproducer’s feeder association.
“(2.7) The prescribed maximum amount of advances that may be guaranteedpursuant to subsection (2.6) is an amount equal to 60% of the amount outstandingon the advances at the time of the default.
“(2.8) The guarantee provided pursuant to subsection (2.6) expires when thedefaulted loans are paid in full”; and
(b) in subsection (5) by striking out “$225,000” andsubstituting “$300,000”.
Section 8.1 amended4 Clause 8.1(6)(a) is amended:
(a) by striking out “or” after subclause (i); and
(b) by adding the following after subclause (i):
“(i.1) a bison breeder agreement, as defined in The Bison BreederAssociations Loan Guarantee Regulations; or”.
Section 13 amended5 Clause 13(7)(a) is amended:
(a) by striking out “or” after subclause (i); and
(b) by adding the following after subclause (i):
“(i.1) a bison breeder agreement, as defined in The Bison BreederAssociations Loan Guarantee Regulations; or”.
Coming into force6 These regulations come into force on the day on which they are filed with theRegistrar of Regulations.
124 THE SASKATCHEWAN GAZETTE, MARCH 9, 2007
SASKATCHEWAN REGULATIONS 10/2007
The Queen’s Bench Act, 1998Section 109
Order in Council 103/2007, dated February 27, 2007(Filed February 28, 2007)
Title1 These regulations may be cited as The Queen’s Bench AmendmentRegulations, 2007.
R.R.S. c.Q-1.01 Reg 1, section 5 amended2 Subsection 5(1) of The Queen’s Bench Regulations is amended byadding the following clause after clause (f):
“(g) Yorkton”.
Coming into force3(1) Subject to subsection (2), these regulations come into force on March 15, 2007.
(2) If these regulations are filed with the Registrar of Regulations afterMarch 15, 2007, these regulations come into force on the day on which they arefiled with the Registrar of Regulations.
125THE SASKATCHEWAN GAZETTE, MARCH 9, 2007
RÈGLEMENT DE LA SASKATCHEWAN 10/2007
Loi de 1998 sur la Cour du Banc de la ReineArticle 109
Décret 103/2007, en date du 27 février 2007(déposé 28 février 2007)
Titre1 Règlement de 2007 modifiant le Règlement sur la Cour du Banc de la Reine.
Modification de l’article 5 des R.R.S ch. Q-1.01 Règl. 12 Le paragraphe 5(1) du Règlement sur la Cour du Banc de la Reine estmodifié par adjonction de l’alinéa suivant après l’alinéa f) :
« g) Yorkton ».
Entrée en vigueur3(1) Sous réserve du paragraphe (2), le présent règlement entre en vigueur le 15 mars 2007.
(2) Le présent règlement entre en vigueur le jour de son dépôt auprès duregistraire des règlements, si ce dépôt intervient après le 15 mars 2007.