Federal Law–Civil Law Harmonization Act, No. 2 (S.C. 2004, c. 25)
Full Document:
Assented to 2004-12-15
Marginal note:2001, c. 4, s. 66(F)
105. Section 18 of the French version of the Act is replaced by the following:
Marginal note:Dons, legs, etc.
18. Le Conseil peut, par don, legs ou autrement, acquérir des biens, notamment sous forme d’argent ou de valeurs mobilières, et, malgré toute disposition contraire de la présente loi, employer ou gérer la partie de ces biens non affectée à la Caisse de dotation ou au Fonds d’assistance financière aux universités, ou en disposer, pourvu qu’il respecte les conditions dont est assortie l’acquisition.
Marginal note:R.S., c. G-10
Canada Grain Act
106. Sections 7 and 8 of the Canada Grain Act are replaced by the following:
Marginal note:Outside interest
7. A person is not eligible to be appointed or, subject to section 8, to continue as a commissioner if, directly or indirectly, as owner, shareholder, director, officer, partner or otherwise, that person is engaged in commercial dealings in grain or the carriage of grain or has any pecuniary or other interest in grain or the carriage of grain, other than as a producer of grain.
Marginal note:Disposing of property
8. Any commissioner in whom any property giving rise to an interest prohibited under section 7 vests by will or succession for the commissioner’s own benefit shall, within six months after the vesting, dispose of that property.
107. (1) Paragraph 76(1)(a) of the Act is replaced by the following:
(a) the operator of the elevator shall, without delay, inform the Commission, the principal inspector at the nearest inspection point and, if the grain is specially binned, the persons having an interest or right in the grain;
(2) Subsection 76(3) of the English version of the Act is replaced by the following:
Marginal note:Costs of treatment, etc.
(3) If, under a direction given under subsection (1), grain referred to in an elevator receipt indicating special binning issued by the operator of a licensed terminal elevator or licensed transfer elevator has been treated, shipped or otherwise disposed of, the costs incurred by the operator of the elevator in complying with the direction are recoverable from the persons having an interest or right in the grain in proportion to their respective interests or rights.
108. Subsection 81(3) of the Act is replaced by the following:
Marginal note:Commission contracts
(3) No licensed grain dealer who acts for any person on a commission basis in relation to the purchase or sale of western grain by a grade name shall, except with the consent of that person, buy, sell or have any interest or right, directly or indirectly beyond the dealer’s agreed commission in the purchase or sale of the grain.
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