Canadian Wheat Board Act (R.S.C., 1985, c. C-24)

Act current to 2012-05-02 and last amended on 2011-12-15. Previous Versions

The following provision is not in force.
Marginal note:No receipt or delivery after notice of contravention

 No railway company or other person engaged in transportation shall receive or deliver any wheat from or to any elevator after notice has been given to it by the Corporation that the elevator is being operated in contravention of this Act.

  • R.S., 1985, c. C-24, s. 21;
  • 1998, c. 17, s. 28(E).
The following provision is not in force.
Marginal note:No certificate after notice of contravention

 No certificate as to grade or weight shall be given by any inspecting officer under the Canada Grain Act in respect of wheat stored in any elevator, after notice has been given by the Corporation that the elevator is being operated in contravention of this Act.

  • R.S., 1985, c. C-24, s. 22;
  • 1998, c. 17, s. 28(E).

PART II

CONTROL OF ELEVATORS AND RAILWAYS

Application

Definition of “grain” and “producer”

 Subject to section 30, in this Part, “grain” means grain produced in the designated area and “producer” means a producer in respect of that grain.

  • R.S., c. C-12, s. 16.

Delivery of Grain

Marginal note:Conditions for delivery of grain to elevator
  •  (1) Notwithstanding anything in the Canada Grain Act, except with the permission of the Corporation, no person shall deliver grain to an elevator, and no manager or operator thereof shall receive delivery of grain unless

    • (a) the person delivering the grain is the actual producer of, or is entitled as a producer to, the grain;

    • (b) at the time of delivery the person delivering the grain produces to the manager or operator a permit book under which that person is entitled to deliver the grain in the crop year in which delivery is made;

    • (c) the grain was produced in the crop year in which delivery is made on the lands described in the permit book or in any other crop year on any lands whatever;

    • (d) the grain is delivered at the delivery point named in the permit book; and

    • (e) the quantity of grain delivered, whether delivered for storage or sold, together with all grain of the same kind or grade previously delivered under the permit book during the crop year in which delivery is made, does not exceed the quota established by the Corporation for that delivery point for grain of the kind or grade delivered at the time it is delivered.

  • Marginal note:Record and entry of net weight

    (2) Where grain is delivered by a producer to an elevator, the manager or operator thereof shall, immediately on completion of the delivery of the grain, truly and correctly record and enter the net weight in tonnes, after dockage, of the grain so delivered in the permit book under which delivery is made and shall initial the entry in the permit book.

  • Marginal note:Exemption

    (3) The Corporation may, by order, exempt deliveries of grain to an elevator from the requirements of any of paragraphs (1)(a), (c) and (e), but only to the extent that the elevator is owned or leased by a producer.

  • R.S., 1985, c. C-24, s. 24;
  • R.S., 1985, c. 38 (4th Supp.), s. 6;
  • 1998, c. 17, ss. 12, 28(E).