Canada Grain Act (R.S.C., 1985, c. G-10)
Full Document:
Act current to 2012-05-02 and last amended on 2012-03-16. Previous Versions
AMENDMENTS NOT IN FORCE
— 1998, c. 22, s. 1(1)
R.S., c. 37 (4th Supp.), ss. 1(1) and (3)
1. (1) The definitions “cash purchase ticket”, “grain receipt”, “licence” and “licensee” in section 2 of the Canada Grain Act are replaced by the following:
“cash purchase ticket”
« bon de paiement »
“cash purchase ticket” means a document in prescribed form issued in respect of grain delivered to a primary elevator, process elevator, grain dealer or special crops dealer as evidence of the purchase of the grain by the operator of the elevator or the dealer and entitling the holder of the document to payment, by the operator or dealer, of the purchase price stated in the document;
“grain receipt”
« accusé de réception »
“grain receipt” means a document in prescribed form issued in respect of grain delivered to a process elevator, grain dealer or special crops dealer acknowledging receipt of the grain and entitling the holder of the document to payment by the operator of the elevator or the dealer for the grain;
“licence”
« licence »
“licence” means a licence to operate an elevator or to carry on business as a grain dealer or as a special crops dealer issued by the Commission under section 45;
“licensee”
« titulaire de licence »
“licensee” means a person who holds a licence;
— 1998, c. 22, s. 1(3)
(3) Section 2 of the Act is amended by adding the following in alphabetical order:
“penalty”
« sanction »
“penalty” means an administrative monetary penalty imposed under the Agriculture and Agri-Food Administrative Monetary Penalties Act for a violation;
“special crop”
« cultures spéciales »
“special crop” means any grain designated by regulation as a special crop;
“special crops dealer”
« négociant en cultures spéciales »
“special crops dealer” means an operator of an elevator or a grain dealer who deals in or handles only grain that is a special crop;
“violation”
« violation »
“violation” means any contravention of this Act or the regulations or any order that may be proceeded with in accordance with the Agriculture and Agri-Food Administrative Monetary Penalties Act;
— 1998, c. 22, ss. 2 to 5
2. Section 42 of the Act is amended by striking out the word "and" at the end of paragraph (d), by adding the word "and" at the end of paragraph (e) and by adding the following after paragraph (e):
(f) a special crops dealer's licence, being a licence to carry on business as a special crops dealer.
— 1998, c. 22, ss. 2 to 5
3. (1) Subparagraph 44(a)(i) of the Act is replaced by the following:
(i) that person is the holder of a licence issued in respect of the elevator that is of a class appropriate to that type of elevator or, if the person is a special crops dealer, is the holder of a special crops dealer's licence, or
(2) Subparagraph 44(b)(i) of the Act is replaced by the following:
(i) that person is the holder of a grain dealer's licence or, if the person is a special crops dealer, a special crops dealer's licence,
— 1998, c. 22, ss. 2 to 5
1994, c. 45, s. 10
4. Subsection 45(1) of the Act is replaced by the following:
Issue of licences — primary and process elevators and grain and special crops dealers
45. (1) If a person who proposes to operate a primary or process elevator or to carry on business as a grain dealer or a special crops dealer applies in writing to the Commission for a licence and the Commission is satisfied that the applicant and the elevator, if any, meet the requirements of this Act, the Commission may
(a) issue to the applicant a licence of a class or subclass determined by the Commission to be appropriate to the type of operation of that elevator or the business of that dealer; and
(b) if the application is for a primary elevator, process elevator or grain dealer’s licence, subject to the regulations, fix the security to be given by the applicant, by way of bond, insurance or otherwise, having regard to the applicant’s potential obligations for the payment of money or the delivery of grain to producers of grain who are holders of cash purchase tickets, elevator receipts or grain receipts issued pursuant to this Act in relation to grain other than special crops produced by the holders.
— 1998, c. 22, ss. 2 to 5
1994, c. 45, s. 10
5. Subsections 46(1) to (3) of the Act are replaced by the following:
Refusal to issue elevator licence
46. (1) The Commission may refuse to issue an elevator licence if
(a) the applicant has not given the security fixed pursuant to section 45;
(b) the applicant intends that the elevator receive special crops, the insurance plan described in section 49.01 is in effect and the applicant has not been approved by the insurer of that plan; or
(c) the applicant fails to establish to the satisfaction of the Commission that
(i) the premises that the applicant proposes to use are appropriate for the storage and handling of grain, or
(ii) the elevator is or will be of such a type and in such condition and the equipment of the elevator is or will be of such a type and size and in such condition as to enable the applicant to provide, at the location where the applicant proposes to operate the elevator, the services required by or pursuant to this Act to be provided at that location by a licensee holding a licence of the class for which the applicant has applied.
Refusal to issue grain dealer’s licence
(2) The Commission may refuse to issue a grain dealer’s licence if
(a) the applicant has not given the security fixed pursuant to section 45; or
(b) the applicant intends to deal in special crops, the insurance plan described in section 49.01 is in effect and the applicant has not been approved by the insurer of that plan.
Refusal to issue special crops dealer’s licence
(2.1) The Commission may refuse to issue a special crops dealer’s licence if the insurance plan described in section 49.01 is in effect and the applicant has not been approved by the insurer of that plan.
Refusal of licence re offence or violation
(3) The Commission may refuse to issue a licence to any applicant who has, within the twelve months immediately preceding the application for the licence, been convicted of an offence under this Act or has been found to have committed a violation if the Commission is satisfied that it would not be in the public interest to issue a licence to the applicant.
— 1998, c. 22, ss. 6(1), (2)
R.S., c. 37 (4th Supp.), s. 17(1); 1994, c. 45, s. 12(2)
6. (1) Subsection 49(2) of the Act is replaced by the following:
Enforcement or realization of security
(2) Any security given by a licensee as a condition of a licence may only be realized or enforced by the Commission on behalf of any holder referred to in section 45 who has suffered loss or damage by reason of the refusal or failure of the licensee to
(a) comply with this Act or any regulation or order made under it; or
(b) meet any of the licensee's payment or delivery obligations to that holder on the surrender of any cash purchase ticket, elevator receipt or grain receipt issued by the licensee pursuant to this Act in respect of grain other than a special crop.
1994, c. 45, s. 12(3)
(2) Paragraph 49(3)(a) of the Act is replaced by the following:
(a) the ticket or receipt is issued in respect of grain other than a special crop and the licensee fails or refuses to meet any of their payment or delivery obligations to the producer of the grain within such period following the issuance of the ticket or receipt by the licensee as may be prescribed; and
— 1998, c. 22, s. 7
7. The Act is amended by adding the following after section 49:
Definition of “agent”
49.01 (1) In this section and section 49.02, “agent” means the Commission or any other person or organization designated as agent by the Minister on the recommendation of the Special Crops Advisory Committee referred to in section 49.02.
Special crops insurance
(2) The agent may, in accordance with the regulations, establish an insurance plan to insure producers of special crops who are holders of cash purchase tickets, elevator receipts or grain receipts against the refusal or failure of licensees to meet their payment or delivery obligations under the receipt or ticket.
Payment of levy
(3) A producer of special crops who delivers or causes to be delivered such a crop to a licensee when an insurance plan described in subsection (2) is in effect shall pay to the licensee in the prescribed manner the prescribed levy.
Collection and remittance of levy to agent
(4) A licensee shall collect the levy from the producer and shall remit it to the agent within such period and in such manner as may be prescribed.
Use of levies by agent
(5) The agent shall use the levies to pay any premiums owed to the insurer, any expenses related to the administration of the insurance plan and any remuneration or reimbursement of expenses to which a member of the Special Crops Advisory Committee may be entitled under subsection 49.02(4).
Limitation
(6) A producer of special crops participating in the insurance plan may make a claim related to a grain receipt, elevator receipt or cash purchase ticket issued in respect of a special crop by a licensee only if
(a) prior to the expiration of such period following the issuance of the receipt or ticket by the licensee as may be prescribed, the licensee fails or refuses to meet any of their payment or delivery obligations to the producer; and
(b) the producer has given notice in writing of the failure or refusal to the agent within such period following the failure or refusal as may be prescribed.
Deemed failure
(7) If the failure on the part of a licensee to meet the licensee’s payment obligations is a result of their giving to the producer a cash purchase ticket or other bill of exchange that the bank or other financial institution on which it is drawn subsequently refuses to honour, that failure occurs when the cash purchase ticket or other bill of exchange is given to the producer.
Withdrawal
(8) A producer of special crops may, in the prescribed manner, withdraw from the insurance plan described in this section. The agent must reimburse the producer for the amount of any levy the producer paid under subsection (3) for the period after the producer’s withdrawal from the plan.
Special Crops Advisory Committee
49.02 (1) The Minister shall establish a committee, referred to as the Special Crops Advisory Committee, composed of not more than nine members named by the Minister for a term not exceeding three years, which term may be renewed for one or more further terms.
Functions
(2) The Special Crops Advisory Committee shall make recommendations regarding the designation of special crops, the selection of a person or organization as agent or insurer under section 49.01 and any other issues concerning special crops submitted to it by the Minister.
Members
(3) The majority of the members of the Special Crops Advisory Committee shall be special crops producers who are not special crops dealers, grain dealers or operators of primary elevators.
Remuneration
(4) The agent shall pay to the members of the Special Crops Advisory Committee such remuneration as is fixed by the Minister and reimburse them for any reasonable travel and living expenses incurred by them in the course of their duties while absent from their ordinary places of residence.
— 1998, c. 22, ss. 9, 10
1994, c. 45, s. 14
9. Subsections 51(3) to (5) of the Act are repealed.
— 1998, c. 22, ss. 9, 10
10. The heading "ELEVATORS AND GRAIN DEALERS AND THE HANDLING OF GRAIN BY LICENSEES AND OTHER PERSONS" before section 55 of the Act is replaced by the following:
ELEVATORS, GRAIN DEALERS AND SPECIAL CROPS DEALERS AND THE HANDLING OF GRAIN BY LICENSEES AND OTHER PERSONS
— 1998, c. 22, ss. 13 to 16
13. Sections 58 and 59 of the Act are replaced by the following:
Grain out of condition
58. Except as required by order of the Commission, no licensee operating an elevator is required to receive into the elevator any grain that has gone or is likely to go out of condition.
Operator to exercise care and diligence
59. A licensee operating an elevator shall exercise reasonable care and diligence to prevent any grain in the elevator from suffering damage or from deteriorating or going out of condition.
— 1998, c. 22, ss. 13 to 16
14. Section 64 of the Act is replaced by the following:
Verification of weight
64. The operator of a licensed primary elevator shall afford to any person who delivers grain to the elevator full facilities to verify the correct weight of the grain while the grain is being weighed.
— 1998, c. 22, ss. 13 to 16
15. The Act is amended by adding the following after section 68.1:
Interpretation
68.2 For greater certainty, in sections 60 to 68.1, “licensed primary elevator” means a primary elevator operating under a primary elevator licence referred to in paragraph 42(a).
— 1998, c. 22, ss. 13 to 16
R.S., c. 37 (4th Supp.), s. 24(1); 1994, c. 45, s. 22
16. The heading before section 81 and sections 81 and 82 of the Act are replaced by the following:
Grain Dealers and Special Crops Dealers
Requirement to issue grain receipt or cash purchase ticket
81. (1) With respect to the purchase of western grain from a producer of that grain, every licensed grain dealer or special crops dealer shall, at the prescribed time and in the prescribed manner, issue a grain receipt or cash purchase ticket stating the grade name, grade and dockage of the grain, and immediately provide it to the producer.
Commission contracts
(2) No licensed grain dealer or special crops 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 directly or indirectly beyond the dealer’s agreed commission in the purchase or sale of the grain.
Prohibitions
(3) No licensed grain dealer or special crops dealer shall
(a) except with the permission of the Commission, enter into a contract relating to western grain that the dealer has reason to believe is infested or contaminated; or
(b) enter into a contract that provides for the delivery of western grain to an elevator or a consignee if the grain is not lawfully receivable by the operator of the elevator or other consignee.
Records and reports
82. Every licensed grain dealer or special crops dealer shall maintain such records of the dealer’s business and make such reports to the Commission in respect of that business as may be prescribed.
— Paragraph 88(1)(a), as enacted by 1998, c. 22, s. 17
(a) any elevator, any premises of the licensee of an elevator or any premises of a licensed grain dealer or special crops dealer in which the inspector believes on reasonable grounds there is any grain, grain product or screenings owned or possessed by the licensee or any books, records or other documents relating to the operation of the elevator or the business of the grain dealer or special crops dealer, or
— 1998, c. 22, ss. 18 to 23
1988, c. 65, s. 127; 1994, c. 45, s. 29
18. Section 90 of the Act is replaced by the following:
Seizure and report
90. (1) An inspector who believes on reasonable grounds that
(a) any offence under this Act or any violation has been committed,
(b) any grain, grain product or screenings in an elevator is infested or contaminated,
(c) any equipment in an elevator is in such condition that grain, grain products or screenings cannot safely or accurately be weighed or handled in the elevator,
(d) an elevator is in such condition as to cause danger to persons or loss or deterioration of grain, grain products or screenings stored in it, or
(e) an overage at a primary elevator is in excess of a prescribed maximum amount,
may seize any documents or records that the inspector believes, on reasonable grounds, afford evidence that an offence under this Act or a violation has been committed and, in any event, shall without delay report to the Commission the facts ascertained by the inspector.
Detention
(2) Documents or records seized pursuant to subsection (1) shall not be detained after the expiration of thirty days from the seizure unless before that time proceedings in respect of an offence under this Act or a violation, in respect of which the documents or records contain or are evidence, have been instituted, in which event the documents or records may be detained until the proceedings are finally concluded.
— 1998, c. 22, ss. 18 to 23
1994, c. 45, s. 30
19. Subsection 93(1) of the Act is replaced by the following:
Restriction of operations and suspension of licence
93. (1) If, on receiving the report of an inspector pursuant to section 90 or on making an investigation pursuant to section 91, the Commission believes on reasonable grounds that an offence under this Act or a violation has been committed by a licensee of an elevator or by a licensed grain dealer or special crops dealer or that a condition referred to in paragraph 90(1)(b), (c), (d) or (e) exists in a licensed elevator, the Commission may, by order,
(a) require a weigh-over of any grain, grain products or screenings in the elevator by the licensee or a person authorized for the purpose by the Commission and, for that purpose, prohibit, for such period not exceeding thirty days as is specified in the order, the receipt into or removal from the premises of the elevator, or both, of any grain, grain products or screenings;
(b) in the case of a condition referred to in paragraph 90(1)(b), (c) or (d),
(i) require that the condition be remedied in such manner and within such time as is specified in the order,
(ii) require that such grain, grain products and screenings in the elevator as are specified in the order be stored or disposed of in such manner as the Commission considers equitable, and
(iii) prohibit, for such period not exceeding thirty days as is specified in the order, any particular use of the elevator or its equipment; and
(c) whether or not the Commission exercises any of the powers conferred by paragraphs (a) and (b), in its discretion, suspend the licence to operate the elevator or the licence to carry on business as a grain dealer or special crops dealer for such period not exceeding thirty days as is specified in the order.
— 1998, c. 22, ss. 18 to 23
20. Paragraph 94(3)(a) of the Act is replaced by the following:
(a) before the expiration of thirty days from the commencement of the period of prohibition or suspension, proceedings have been instituted against the licensee or against the manager of the elevator in respect of an offence under this Act or a violation, in which event the period of prohibition or suspension is deemed to be extended, unless otherwise ordered by the Commission, until fourteen days after the proceedings are finally concluded; or
— 1998, c. 22, ss. 18 to 23
21. Subsection 95(1) of the Act is replaced by the following:
Revocation of licence
95. (1) The Commission may, by order, revoke a licence to operate an elevator or a licence to carry on business as a grain dealer or as a special crops dealer, as the case may be, if
(a) the licensee has failed or refused to comply with any requirement of an order made under subsection 93(1), in relation to the operation of the elevator, before the expiration of any period of prohibition or suspension specified in that order or any order made under paragraph 94(3)(b);
(b) the licensee or the manager of a licensed elevator is convicted of an offence under this Act or has committed a violation; or
(c) the licensee has failed to give additional security as required by any order made under subsection 49(1).
— 1998, c. 22, ss. 18 to 23
22. Paragraph 97(a) of the Act is replaced by the following:
(a) for the payment, by any complainant, licensee or other person to whom the jurisdiction of the Commission extends, of compensation to any person for loss or damage sustained by that person resulting from a violation or a contravention of or failure to comply with any provision of this Act or any regulation, order or licence made or issued pursuant to this Act;
— 1998, c. 22, ss. 18 to 23
R.S., c. 37 (4th Supp.), s. 27; 1988, c. 65, s. 131
23. Sections 107 to 109 of the Act are replaced by the following:
Offence and punishment
107. Every person who contravenes any provision of this Act or of the regulations or any order of the Commission, other than an order for the payment of any money or apportionment of any loss, is guilty of
(a) an offence punishable on summary conviction and liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both; or
(b) an indictable offence and liable to a fine not exceeding $250,000 or to imprisonment for a term not exceeding two years, or to both.
Offence or violation by manager, employee or agent
108. (1) Any manager of an elevator, or any other employee or agent of the operator or licensee of an elevator, who does any act or thing directed to the commission of an offence under this Act or a violation by the operator or licensee is a party to and guilty of the offence or violation, as the case may be.
Offence or violation by employee or agent
(2) Any employee or agent of a licensed grain dealer or special crops dealer who does any act or thing directed to the commission of an offence under this Act or a violation by the dealer is a party to and guilty of the offence or violation, as the case may be.
Documentary evidence
109. In any prosecution for an offence under this Act or a violation, a document purporting to have been signed by a commissioner or any officer or employee of the Commission in the course of the performance of his or her duties is evidence of the facts stated in the document without proof of the signature or of the official character of the person appearing to have signed the document.
— 1998, c. 22, ss. 24(2), (3)
(2) Subsection 116(1) of the Act is amended by adding the following after paragraph (a):
(a.1) designating any grain, except wheat, oats, barley, rye, canola and flax, as a special crop;
— 1998, c. 22, ss. 24(2), (3)
(3) Subsection 116(1) of the Act is amended by adding the following after paragraph (k.1):
(k.2) for the purposes of section 49.01
(i) fixing the amount of the levy to be paid by producers of special crops and determining the method by which it is to be paid,
(ii) providing for the time and manner in which licensees are to remit any levies collected to the agent,
(iii) governing the reimbursement by the agent of expenses related to the administration of the insurance plan from the levies remitted to the agent,
(iv) fixing the period of insurance coverage following the issuance of an elevator receipt, grain receipt or cash purchase ticket,
(v) governing the retention and maintenance of records and the provision of information,
(vi) specifying the terms and conditions for participation in and withdrawal from the insurance plan by producers of special crops, and
(vii) providing for any other measures necessary to implement and maintain the insurance plan;
— 2001, c. 4, s. 174
R.S., c. G-10
174. (1) Paragraph 45(1)(b) of the English version of the Canada Grain Act is replaced by the following:
(b) if the application is for a primary elevator, process elevator or grain dealer's licence, subject to the regulations, fix the security to be given by the applicant, by way of bond, suretyship, insurance or otherwise, having regard to the applicant's potential obligations for the payment of money or the delivery of grain to producers of grain who are holders of cash purchase tickets, elevator receipts or grain receipts issued pursuant to this Act in relation to grain other than special crops produced by the holders.
Coming into force
(2) Subsection (1) comes into force on the later of the coming into force of subsection 88(1) of this Act and section 4 of An Act to amend the Canada Grain Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to repeal the Grain Futures Act, chapter 22 of the Statutes of Canada, 1998.
— 2004, c. 25, ss. 207(1), (2), (5):
207. (1) In this section, “other Act” means An Act to amend the Canada Grain Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to repeal the Grain Futures Act, being chapter 22 of the Statutes of Canada, 1998.
(2) If section 108 of this Act comes into force before section 16 of the other Act, then, on the day on which that section 16 comes into force, subsection 81(2) of the Canada Grain Act is replaced by the following:
Commission contracts
(2) No licensed grain dealer or special crops 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.
(5) On the later of the coming into force of section 109 of this Act and section 23 of the other Act, section 108 of the English version of the Canada Grain Act is replaced by the following:
Offence or violation by manager, employee, agent or mandatary
108. (1) Any manager of an elevator, or any other employee, or agent or mandatary, of the operator or licensee of an elevator, who does any act or thing directed to the commission of an offence under this Act or a violation by the operator or licensee is a party to and guilty of the offence or violation, as the case may be.
Offence or violation by employee, agent or mandatary
(2) Any employee, or agent or mandatary, of a licensed grain dealer or special crops dealer who does any act or thing directed to the commission of an offence under this Act or a violation by the dealer is a party to and guilty of the offence or violation, as the case may be.
— 2011, c. 25, s. 23
23. Section 17 of An Act to amend the Canada Grain Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to repeal the Grain Futures Act is repealed.
— 2011, c. 25, s. 24
24. (1) Paragraph (a) of the definition “lawfully” in section 2 of the Canada Grain Act is replaced by the following:
(a) in accordance with this Act, and
(2) The portion of the definition “lawfully” in section 2 of the Act after subparagraph (b)(iii) is replaced by the following:
deliverable by the owner of the grain, receivable by the public carrier for carriage to the elevator or consignee and receivable by the operator of the elevator or consignee, in accordance with this Act;
(3) Section 2 of the Act is amended by adding the following in alphabetical order:
“actual producer”
« producteur-exploitant »
“actual producer” means a person actually engaged in the production of grain;
“producer”
« producteur »
“producer” means, as well as an actual producer, any person entitled, as landlord, vendor or mortgagee or hypothecary creditor, to the grain produced by an actual producer or to any share of that grain;
— 2011, c. 25, s. 25
25. (1) Paragraph 20(2)(d) of the Act is repealed.
(2) Paragraph 20(2)(g) of the French version of the Act is replaced by the following:
g) douze producteurs-exploitants de grain de l’Ouest;
(3) Paragraph 20(2)(h) of the Act is replaced by the following:
(h) any additional persons not exceeding four in number that the Commission considers advisable.
— 2011, c. 25, s. 26
R.S., c. 37 (4th Supp.), s. 23(2)
26. (1) Paragraph 80(4)(a) of the Act is repealed.
R.S., c. 37 (4th Supp.), s. 23(2)
(2) Paragraph 80(4)(c) of the English version of the Act is replaced by the following:
(c) if the grain is grain other than grain referred to in paragraph (b), be the property of the Commission,
— 2011, c. 25, s. 27
27. The Act is amended by adding the following after section 83:
Deductions
Deductions
83.1 (1) Any person required to issue a cash purchase ticket under this Act shall deduct from the amount payable under the ticket the prescribed amount per tonne of wheat or barley grown in the Western Division, and shall remit that amount to the prescribed agency.
Option
(2) A person entitled to a cash purchase ticket may, unless the regulations provide for the payment of refunds, opt out of the payment of deductions under subsection (1).
Distribution by agency
(3) A prescribed agency may use any amount it receives under subsection (1) for the purposes of
(a) research activities into new and improved grain varieties;
(b) the promotion of the marketing and use of grain grown in Canada;
(c) technical assistance relating to the use of grain grown in Canada; and
(d) covering the administrative costs that it incurs in applying this section.
Power to make regulations
83.2 (1) The Governor in Council may make regulations
(a) prescribing the amount to be deducted per tonne under section 83.1;
(b) prescribing an agency to which amounts are to be remitted under section 83.1;
(c) providing exemptions from the deduction under section 83.1;
(d) governing the opting out of the payment of deductions or providing for refunds of amounts deducted under section 83.1;
(e) requiring a person making a deduction under section 83.1 or the prescribed agency to report on its activities under that section; and
(f) respecting any other matter relating to the administration of section 83.1.
Distinctions
(2) Regulations made under subsection (1) may distinguish on the basis of type, class or grade of grain, or region where the grain was produced.
Ceasing to have effect
83.3 Sections 83.1 and 83.2 cease to have effect five years after the day on which this section comes into force.
— 2011, c. 25, s. 28
1988, c. 65, s. 125; 1994, c. 45, s. 28(F)
28. Part V.1 of the Act is repealed.
— 2011, c. 25, s. 29
1998, c. 22, s. 17
29. Subsection 88(1) of the Act is replaced by the following:
Inspection
88. (1) Subject to subsection (1.1), an inspector may, at any reasonable time, enter any elevator, any premises of the licensee of an elevator or any premises of a licensed grain dealer in which the inspector has reasonable grounds to believe there is any grain, grain product or screenings owned or possessed by the licensee or any books, records or other documents relating to the operation of the elevator or the business of the grain dealer and may
(a) examine the premises and any equipment, grain, grain products and screenings found in the premises; and
(b) examine any books, records, bills of lading and other documents that, on reasonable grounds, the inspector believes contain any information relevant to verifying compliance with this Act and make copies of them or take extracts from them.
— 2011, c. 25, s. 30
1988, c. 65, s. 128
30. Paragraph 91(1)(g.1) of the Act is repealed.
— 2011, c. 25, s. 31
1988, c. 65, s. 129
31. Section 105.1 of the Act is repealed.
— 2011, c. 25, s. 32
1988, c. 65, s. 131(1)
32. (1) Subsection 107(1.1) of the Act is repealed.
1988, c. 65, s. 131(2)
(2) The portion of subsection 107(2) of the Act before paragraph (a) is replaced by the following:
Idem
(2) Every person who contravenes any provision of this Act, other than section 72, or of the regulations or any order of the Commission, other than an order for the payment of any money or apportionment of any loss, is guilty of an offence and
— 2011, c. 25, s. 33
33. Paragraph 115(b) of the Act is replaced by the following:
(b) despite anything in this Act, authorize and direct any minister of the Crown or any agency of the Government of Canada to exercise the powers in respect of the allocation of available railway cars contained in any provision of this Act, other than paragraph (a);
— 2011, c. 25, s. 34
1998, c. 17, ss. 32(1)(F) and (2)
34. Paragraphs 118(g) and (g.1) of the Act are replaced by the following:
(g) providing for the acceptance of deliveries of grain in the interests of producers; and
— 2011, c. 25, s. 59
59. Section 55 of the Canada Grain Act is amended by adding the following after subsection (1):
Other works
(1.1) Every flour mill, feed mill, feed warehouse and seed cleaning mill is a work for the general advantage of Canada.