Jobs and Growth Act, 2012 (S.C. 2012, c. 31)
Full Document:
Assented to 2012-12-14
Marginal note:2005, c. 24, s. 2
370. Section 72 of the Act is replaced by the following:
Marginal note:Specially binning grain restricted
72. The operator of a licensed terminal elevator shall not specially bin any grain except as may be authorized by regulation and in the prescribed manner.
Marginal note:1994, c. 45, s. 19
371. Section 73 of the Act is replaced by the following:
Marginal note:Priority of claims
73. Subject to subsection 77(3), the holder of an elevator receipt issued in respect of grain in a licensed terminal elevator is entitled, in priority to all other claims affecting the grain, to the grain referred to in the receipt or to grain in the elevator of the same kind, grade and quantity as the grain referred to in the receipt.
372. (1) The portion of subsection 74(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Discharge from elevator
74. (1) Subject to section 86, the operator of a licensed terminal elevator shall without delay discharge into a conveyance referred to in paragraph (b), to the extent of the conveyance’s capacity, the identical grain or grain of the same kind, grade and quantity that any elevator receipt issued by the operator requires if the holder of the receipt who may lawfully deliver grain referred to in that receipt to another elevator or to a consignee at a destination other than an elevator
(2) The portion of subsection 74(1) of the English version of the Act after paragraph (b) is replaced by the following:
(c) surrenders the elevator receipt and pays the charges accrued under this Act in respect of the grain referred to in the receipt.
373. The portion of section 75 of the Act before paragraph (a) is replaced by the following:
Marginal note:Limitation on receipt and discharge
75. No operator or manager of a licensed terminal elevator shall, except with the Commission’s written permission,
374. (1) The portion of subsection 76(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Procedure if grain requires treatment or must be disposed of
76. (1) If any grain in a licensed terminal elevator is found to be infested or contaminated, or to have gone or to be likely to go out of condition or otherwise to require treatment,
Marginal note:2004, c. 25, s. 107(2)(E)
(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 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.
(3) Subsection 76(4) of the Act is replaced by the following:
Marginal note:Operator not relieved of statutory or contractual obligation
(4) Nothing in this section shall be construed as relieving the operator of a licensed terminal elevator from the performance of any obligation imposed on him or her under this Act or any contract under which any grain came into or remains in the operator’s possession.
375. (1) Subsection 77(1) of the Act is replaced by the following:
Marginal note:Compulsory removal of grain
77. (1) The operator of a licensed terminal elevator may, with the Commission’s written permission, on at least 30 days’ notice in writing, in a form and manner prescribed, to the last known holder of an elevator receipt issued by the operator, require the holder to take delivery from the elevator of the grain referred to in the receipt.
(2) Subsection 77(2) of the English version of the Act is replaced by the following:
Marginal note:Sale of grain
(2) If the holder of an elevator receipt issued by the operator of a licensed terminal elevator fails to take delivery of the grain referred to in a notice given under subsection (1) within the period for taking delivery set out in it, whether or not the notice has been brought to his or her attention, the operator of the elevator may, on any terms that may be specified in writing by the Commission, sell the identical grain or grain of the same kind, grade and quantity.
(3) Subsection 77(4) of the Act is replaced by the following:
Marginal note:Warning
(4) Each elevator receipt issued by the operator of a licensed terminal elevator shall bear the warning set out in subsection 65(4).
Marginal note:R.S., c. 37 (4th Supp.), s. 23; 1994, c. 45, s. 21; 2011, c. 25, s. 26
376. The heading before section 79 and sections 79 and 80 of the Act are repealed.
Marginal note:R.S., c. 37 (4th Supp.), s. 25(1); 1994, c. 45, s. 23
377. Section 82.1 of the Act and the heading before it are repealed.
Marginal note:1998, c. 22, par. 25(h)(F)
378. Subsection 87(1) of the Act is replaced by the following:
Marginal note:Application for railway cars
87. (1) One or more producers of grain, but not more than the number that the Commission may designate by order, may apply in writing to the Commission, in the prescribed form, for a railway car to receive and carry grain to a terminal elevator or process elevator or to a consignee at a destination other than an elevator, if they have grain in sufficient quantity to fill a railway car and if it may be lawfully delivered to a railway company for carriage to those elevators or other consignee.
379. Subsection 88(1) of the Act is amended by striking out “and” after paragraph (a) and by adding the following after that paragraph:
(a.1) take samples of the grain, grain products or screenings; and
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