Marginal note:Short title

1. This Act may be cited as the Canada Grain Act.

Marginal note:Definitions

2. In this Act,

“actual producer”

« producteur-exploitant »

“actual producer” means a person actually engaged in the production of grain;

“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 or grain dealer as evidence of the purchase of the grain by the operator of the elevator or the grain dealer and entitling the holder of the document to payment, by the operator or grain dealer, of the purchase price stated in the document;

“class”

« classe »

“class”, in respect of grain, means any variety or varieties of grain designated by order of the Commission as a class for the purposes of this Act;

“Commission”

« Commission »

“Commission” means the Canadian Grain Commission established by section 3;

“commissioner”

« commissaire »

“commissioner” means a commissioner appointed pursuant to section 3;

“contaminated”

« contaminé »

“contaminated” means, in respect of grain, containing any substance in sufficient quantity that the grain is unfit for consumption by persons and animals or is adulterated within the meaning of the regulations made pursuant to paragraph 30(1)(a) of the Food and Drugs Act;

“crop year”

« campagne agricole »

“crop year” means, subject to any order of the Governor in Council made pursuant to section 115, the period commencing on August 1 in any year and terminating on July 31 in the year next following;

“Division”

« région »

“Division” means the Eastern Division or the Western Division;

“dockage”

« impuretés »

“dockage” means any material intermixed with a parcel of grain, other than kernels of grain of a standard of quality fixed by or under this Act for a grade of that grain, that must and can be separated from the parcel of grain before that grade can be assigned to the grain;

“Eastern Division”

« région de l’Est »

“Eastern Division” means that part of Canada not included in the Western Division;

“eastern grain”

« grain de l’Est »

“eastern grain” means grain grown in the Eastern Division;

“elevator”

« installation » ou « silo »

“elevator” means

• (a) any premises in the Western Division

  • (i) into which grain may be received or out of which grain may be discharged directly from or to railway cars or ships,

  • (ii) constructed for the purpose of handling and storing grain received directly from producers, otherwise than as a part of the farming operation of a particular producer, and into which grain may be received, at which grain may be weighed, elevated and stored and out of which grain may be discharged, or

  • (iii) constructed for the purpose of handling and storing grain as part of the operation of a flour mill, feed mill, seed cleaning plant, malt house, distillery, grain oil extraction plant or other grain processing plant, and into which grain may be received, at which grain may be weighed, elevated and stored and out of which grain may be discharged for processing or otherwise,

• (b) any premises in the Eastern Division, situated along Lake Superior, Lake Huron, Lake St. Clair, Lake Erie, Lake Ontario or the canals or other navigable waters connecting those Lakes or the St. Lawrence River or any tidal waters, and into which grain may be received directly from railway cars or ships and out of which grain may be discharged directly to ships,

• (c) the portion of any premises in the Eastern Division designated by regulation pursuant to subsection 116(3) that is used for the purpose of storing grain,

• The following provision is not in force.

  (d) any premises in the Eastern Division constructed for the purpose of handling and storing grain received directly from producers, otherwise than as a part of the farming operation of a particular producer, and into which grain may be received, at which grain may be weighed, elevated and stored and out of which grain may be discharged, and

• The following provision is not in force.

  (e) any premises in the Eastern Division constructed for the purpose of handling and storing grain as a part of the operation of a flour mill, feed mill, seed cleaning plant, malt house, distillery, grain oil extraction plant or other grain processing plant, and into which grain may be received, at which grain may be weighed, elevated and stored and out of which grain may be discharged for processing or otherwise,

including any such premises owned or operated by Her Majesty in right of Canada or a province or any agent thereof;

“elevator receipt”

« récépissé »

“elevator receipt” means a document in prescribed form issued in respect of grain delivered to an elevator acknowledging receipt of the grain and, subject to any conditions contained therein or in this Act, entitling the holder of the document

• (a) to the delivery of grain of the same kind, grade and quantity as the grain referred to in the document, or

• (b) in the case of a document issued for specially binned grain, to delivery of the identical grain;

“export standard sample”

« échantillon-type d’exportation »

“export standard sample” means, in respect of a grade of grain, a sample of grain of that grade designated by the Commission pursuant to paragraph 26(b);

“foreign grain”

« grain étranger »

“foreign grain” means any grain grown outside Canada and includes screenings from such a grain and every grain product manufactured or processed from such a grain;

“foreign material”

« matières étrangères »

“foreign material” means any material intermixed with a parcel of grain, other than kernels of grain of a standard of quality fixed by or under this Act for a grade of that grain, that is of such a character and in such limited quantity that it need not be separated from the parcel of grain before that grade can be assigned to the grain;

“grade name”

« appellation de grade »

“grade name” means the name, or name and number, assigned to any grade of grain established by or under this Act and includes any abbreviation prescribed for that grade name;

“grain”

« grain »

“grain” means any seed designated by regulation as a grain for the purposes of this Act;

“grain dealer”

« négociant en grains »

“grain dealer” means a person who, for reward, on his own behalf or on behalf of another person, deals in or handles western grain;

“grain product”

« produit céréalier »

“grain product” means any product that is produced by processing or manufacturing any grain alone or with any other grain or substance and that may be presented for storage or handling at an elevator;

“grain receipt”

« accusé de réception »

“grain receipt” means a document in prescribed form issued in respect of grain delivered to a process elevator or grain dealer acknowledging receipt of the grain and entitling the holder of the document to payment by the operator of the elevator or the grain dealer for the grain;

“holder”

« détenteur »

“holder”, in relation to any document that entitles the person to whom it is delivered to the payment of money or the delivery of grain, means the person who, from time to time, is so entitled by virtue of

• (a) the issue or endorsement to him of the document, or

• (b) the delivery to him of the document after it has been endorsed in blank;

“infested”

« infesté »

“infested” means containing any injurious, noxious or troublesome insect or animal pest;

“inspection point”

« poste d’inspection »

“inspection point” means any place at which the Commission has made provision for the inspection of grain;

“inspector”

« inspecteur »

“inspector” means a person designated as an inspector by the Commission pursuant to section 12;

“lawfully”

« légalement »

“lawfully” means

• (a) in accordance with this Act, and

• (b) in respect of

  • (i) the offering of grain for delivery to or storage in a primary elevator,

  • (ii) the delivery of grain to a terminal elevator, transfer elevator or process elevator or to a consignee at a destination other than an elevator, or

  • (iii) the delivery of grain to a public carrier for carriage to any elevator or consignee referred to in subparagraph (ii),

  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;

“licence”

« licence »

“licence” means a licence to operate an elevator or to carry on business as a grain dealer issued by the Commission;

“licensed”

« agréée »

“licensed” means, in respect of an elevator, licensed for operation under a licence that is held by a licensee;

“licensee”

« titulaire de licence »

“licensee” means a person who holds a licence to operate an elevator or to carry on business as a grain dealer;

“manager”

« directeur »

“manager” means, in respect of an elevator, the chief executive officer employed at the elevator by the operator or licensee of the elevator;

“Minister”

« ministre »

“Minister” means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act;

“official inspection”

« inspection officielle »

“official inspection” means the sampling and grading of a parcel of grain by an inspector;

“official sample”

« échantillon officiel »

“official sample” means a sample taken from a parcel of grain by a person authorized by the Commission to take the sample or by any sampling device authorized by the Commission;

“official weighing”

« pesée officielle »

“official weighing” means the weighing of grain under the supervision of a person authorized by the Commission or in a manner authorized by the Commission;

“operator”

« exploitant »

“operator” means, in respect of an elevator, the person in possession of the premises constituting the elevator, either as owner or lessee thereof or as being entitled under a contract with the owner or lessee to operate the elevator for his own benefit and advantage;

“order”

« arrêté »

“order” includes any directive to the trade issued by the Commission;

“overage”

« excédent »

“overage” means the amount by which the aggregate of the quantity of grain of any grade discharged from an elevator in a period between two consecutive weigh-overs of grain of that grade in the elevator and the quantity of grain of that grade in storage in the elevator at the end of that period exceeds the aggregate of the quantity of grain of that grade in storage in the elevator at the beginning of that period and the quantity of grain of that grade received into the elevator during that period;

“prescribed”

Version anglaise seulement

“prescribed” means prescribed by regulation;

“primary elevator”

« installation primaire » ou « silo primaire »

“primary elevator” means an elevator the principal use of which is the receiving of grain directly from producers for storage or forwarding or both;

“primary standard sample”

« échantillon-type normal »

“primary standard sample” means, in respect of a grade of grain, a sample of grain of that grade designated by the Commission pursuant to paragraph 26(a);

“process elevator”

« installation de transformation » ou « silo de transformation »

“process elevator” means an elevator the principal use of which is the receiving and storing of grain for direct manufacture or processing into other products;

“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;

“public carrier”

« transporteur public »

“public carrier” means any railway company, any operator of an extra-provincial truck undertaking within the meaning of the Motor Vehicle Transport Act  and any owner or operator of a ship;

“railway company”

« compagnie de chemin de fer »

“railway company” means any company operating a line of railway in one or more provinces;

“regulation”

“regulation”[Repealed, 1994, c. 45, s. 1]

“screenings”

« criblures »

“screenings” means dockage that has been removed from a parcel of grain;

“ship”

« navire »

“ship” includes any description of vessel or boat used or designed for use in navigation, irrespective of method or lack of propulsion;

“shortage”

« déficit »

“shortage” means the amount by which the aggregate of the quantity of grain of any grade discharged from an elevator in a period between two consecutive weigh-overs of grain of that grade in the elevator and the quantity of grain of that grade in storage in the elevator at the end of that period is less than the aggregate of the quantity of grain of that grade in storage in the elevator at the beginning of that period and the quantity of grain of that grade received into the elevator during that period;

“shrinkage”

« perte de poids »

“shrinkage” means the loss in weight of grain that occurs in the handling or treating of grain;

“special binning”

« stockage en cellule »

“special binning” means the storing of a parcel or parcels of grain pursuant to a contract, in space in an elevator that is specified in the contract, for the purpose of preserving the identity of the grain;

“storage charge”

« frais de stockage »

“storage charge” means the charge made by the licensee of an elevator for maintaining in the elevator a stock of grain available for delivery on presentation of an elevator receipt entitling the holder to the delivery of grain in accordance with the receipt;

“terminal elevator”

« installation terminale » ou « silo terminal »

“terminal elevator” means an elevator the principal uses of which are the receiving of grain on or after the official inspection and official weighing of the grain and the cleaning, storing and treating of the grain before it is moved forward;

“transfer elevator”

« installation de transbordement » ou « silo de transbordement »

“transfer elevator” means

• (a) an elevator in the Western Division or the Eastern Division the principal use of which is the transfer of grain that has been officially inspected and officially weighed at another elevator, and

• (b) an elevator in the Eastern Division the principal uses of which are the transfer of grain that has been officially inspected and officially weighed at another elevator and the receiving, cleaning and storing of eastern grain or foreign grain;

“weigh-over”

« pesée de contrôle »

“weigh-over” means the weighing and inspection of all grain of any grade in an elevator for the purpose of determining the amount in stock of grain of that grade in the elevator;

“Western Division”

« région de l’Ouest »

“Western Division” means all that part of Canada lying west of the meridian passing through the eastern boundary of the City of Thunder Bay, including the whole of the Province of Manitoba;

“western grain”

« grain de l’Ouest »

“western grain” means grain grown in the Western Division.