Canada Grain Act (R.S.C., 1985, c. G-10)

Marginal note:Records and reports

82. Every licensed grain dealer shall maintain such records of his business as a grain dealer and make such reports to the Commission in respect of that business as may be prescribed.

Marginal note:Consequence of not surrendering grain receipt in prescribed time

82.1 Where a grain receipt issued by the operator of a licensed process elevator or by a licensed grain dealer is not surrendered for payment within such period as is prescribed,

• (a) the purchase price of the grain to which the receipt relates is deemed to be the market price of the grain on the day the period expires; and

• (b) the operator of the licensed process elevator or the licensed grain dealer shall issue a cash purchase ticket in respect of the grain.

Marginal note:Contracts to be made only by licensees

• 83. (1) No person in the Western Division shall, for reward, by way of a profit, commission or otherwise,

  • (a) act on behalf of any other person in buying, selling or arranging for the weighing, inspection or grading of western grain, or

  • (b) make any contract for the purchase of western grain,

  unless that person is a licensee or is employed by a licensee and acts only on behalf of his employer.

• Marginal note:Exception

  (2) Subject to this Act, a transaction referred to in subsection (1) may be entered into by a person who is not a licensee where the transaction is

  • (a) a contract for the purchase of grain without reference to any grade name on terms whereby the consideration payable under the contract for the purchase of the grain is to be paid in full at the time of the making of the contract or the delivery of the grain;

  • (b) a contract for the purchase of grain whereby the grain is purchased by a producer of grain for use as seed in the producer’s farming operation;

  • (c) a contract for the purchase of grain whereby a person who raises livestock or poultry purchases the grain for feeding the livestock or poultry; or

  • (d) a contract made on the premises of a recognized grain exchange by or through a broker who is a member of the exchange and duly recorded pursuant to the rules of the exchange.

Marginal note: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.

• Marginal note: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).

• Marginal note: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.