Marginal note:Trading in wheat or wheat products

• 45. (1) Except as permitted under the regulations, no person other than the Corporation shall

  • (a) export from Canada wheat or wheat products owned by a person other than the Corporation;

  • (b) [Repealed, 2011, c. 25, s. 11]

  • (c) sell or agree to sell wheat or wheat products situated in one province for delivery in another province or outside Canada; or

  • (d) buy or agree to buy wheat or wheat products situated in one province for delivery in another province or outside Canada.

• Marginal note:Exception

  (2) Despite subsection (1), a person may agree to sell or buy wheat or wheat products if the agreement provides for the sale or purchase to occur on or after the day on which Part 2 of the Marketing Freedom for Grain Farmers Act comes into force.

Marginal note:Regulations

46. The Governor in Council may make regulations

• (a) to prescribe forms of documents that may be required under this Part;

• (b) [Repealed, 1998, c. 17, s. 24]

• (b.1) to permit the importation into Canada of wheat or wheat products that are entitled to the United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff and that are owned by a person other than the Corporation subject, if the Governor in Council considers it appropriate, to any of the following requirements, namely,

  • (i) that the wheat be accompanied by an end-use certificate referred to in subsection 87.1(1) of the Canada Grain Act, completed by the person importing the wheat, declaring that the wheat is imported for consumption in Canada and is consigned directly to a milling, manufacturing, brewing, distilling or other processing facility for consumption at that facility,

  • (ii) that the wheat be denatured in a prescribed manner, if the wheat is imported for feed use, or

  • (iii) that the wheat be accompanied by a certificate issued under section 4.1 of the Seeds Act, if the wheat is imported for seed use;

• (b.2) to permit the importation into Canada of wheat or wheat products that are entitled to the Mexico Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff and that are owned by a person other than the Corporation;

• (c) to provide for the granting of licences for the export from Canada, or for the sale or purchase for delivery outside Canada, of wheat or wheat products, which export, sale or purchase is otherwise prohibited under this Part;

• (c.1) granting permission to transport wheat or barley that is not described by a grade name or by reference to a sample taken under the Canada Grain Act, or any wheat products or barley products, under any circumstances or conditions that may be prescribed by regulation;

• (c.2) granting permission to transport, sell or buy, in Canada, feed grain, as that expression is defined in the regulations, or wheat products or barley products for consumption by livestock or poultry, under any circumstances or conditions that may be prescribed by regulation;

• (d) to prescribe the terms and conditions on which licences described in paragraph (c) may be granted, including a requirement for the recovery from the applicant by the Corporation or any other person specified by the regulation, of a sum that, in the opinion of the Corporation, represents the pecuniary benefit enuring to the applicant pursuant to the granting of a licence, arising solely by reason of the prohibition of exports of wheat and wheat products without a licence and then existing differences between prices of wheat and wheat products inside and outside Canada;

• (e) to provide for the granting of licences for the transportation from one province to another province, or the sale or purchase for delivery anywhere in Canada, of wheat or wheat products, which transportation, sale or purchase is otherwise prohibited under this Part, and to prescribe the terms and conditions on which those licences may be granted or the terms or conditions of the permission granted in those licences;

• (f) to empower the Corporation to do such acts and things as may be necessary for the administration of this Part; and

• (g) to provide for any other matter necessary to give effect to this Part.