Marginal note:Discharge of grain into unfit conveyance prohibited

86. No person shall discharge any grain out of an elevator into a conveyance and no public carrier or other person shall permit the discharge of any grain out of an elevator into any conveyance owned or operated by him, where

• (a) the person or public carrier has reason to believe that any prescribed condition exists in the conveyance to such extent that the conveyance is not in fit condition to receive grain; or

• (b) an inspector has directed, pursuant to subsection 85(3), that grain not be discharged into the conveyance.

Marginal note:Application for railway cars

• 87. (1) One or more producers of grain, not exceeding the number designated by order of the Commission, having grain, in sufficient quantity to fill a railway car, that may be lawfully delivered to a railway company for carriage to a terminal elevator, transfer elevator or process elevator or to a consignee at a destination other than an elevator may apply in writing to the Commission, in prescribed form, for a railway car to receive and carry the grain to the elevator or other consignee.

• Marginal note:Allocation of cars

  (2) The Commission shall, in each week, allocate to applications made by producers of grain pursuant to subsection (1), in the order in which the applications are received, available railway cars that enter each shipping control area in that week up to such number or percentage of the available cars entering the area in that week and under such terms and conditions as the Commission may order.

87.1 [Repealed, 2011, c. 25, s. 28]

87.2 [Repealed, 2011, c. 25, s. 28]

87.3 [Repealed, 2011, c. 25, s. 28]

Marginal note: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.

• Marginal note:Warrant required to enter dwelling-house

  (1.1) Where any premises referred to in subsection (1) is a dwelling-house, an inspector may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (1.2).

• Marginal note:Authority to issue warrant

  (1.2) Where on ex parte application a justice of the peace is satisfied by information on oath

  • (a) that the conditions for entry described in subsection (1) exist in relation to a dwelling-house,

  • (b) that entry to the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, and

  • (c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused,

  the justice of the peace may issue a warrant under his hand authorizing the inspector named therein to enter that dwelling-house subject to such conditions as may be specified in the warrant.

• Marginal note:Use of force

  (1.3) In executing a warrant issued under subsection (1.2), the inspector named therein shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

• Marginal note:Certificate to be produced

  (2) An inspector shall be furnished with a certificate of his designation as an inspector and, on entering any elevator or premises referred to in subsection (1), shall, if so required, produce the certificate to the person in charge thereof.

• Marginal note:Assistance to inspectors

  (3) The licensee or person in charge of any elevator or premises entered by an inspector pursuant to subsection (1) and every person found therein shall give the inspector all reasonable assistance to enable the inspector to carry out his duties and functions under this Act and shall furnish the inspector with any information he may reasonably require with respect to the administration of this Act and the regulations.