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

Act current to 2013-05-26 and last amended on 2012-08-01. Previous Versions

Marginal note:Obstruction

  • 89. (1) No person shall obstruct or hinder an inspector in the carrying out of his duties and functions under this Act.

  • Marginal note:False statements

    (2) No person shall knowingly make any false or misleading statements, either orally or in writing, to an inspector engaged in carrying out his duties and functions under this Act.

  • 1970-71-72, c. 7, s. 72.
Marginal note:Seizure and report

  • 90. (1) An inspector who believes on reasonable grounds that

    • (a) any offence under this Act 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 therein, 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, contain or are evidence that an offence under this Act has been committed and, in any event, shall forthwith report to the Commission the facts ascertained by the inspector.

  • Marginal note: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, 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.

  • R.S., 1985, c. G-10, s. 90;
  • 1988, c. 65, s. 127;
  • 1994, c. 45, s. 29.

Investigations and Arbitration

Marginal note:Investigations

  • 91. (1) The Commission has jurisdiction to and may, on receiving a report from an inspector pursuant to section 90 or at any other time, investigate

    • (a) the grading and weighing of any grain at an elevator;

    • (b) the deduction made from any grain for dockage or shrinkage at an elevator;

    • (c) any overage or shortage appearing on the delivery of grain into or out of an elevator;

    • (d) any allegation that an elevator is operated in an unfair or a discriminatory manner;

    • (e) the loss or deterioration of any grain during storage or treatment at an elevator;

    • (f) the charges for services provided by a licensee pursuant to his licence;

    • (g) any failure or refusal of a licensee to pay any fees for services provided by the Commission or to comply with any provisions of this Act or any regulation, order or licence made or issued pursuant to this Act;

    • (g.1) [Repealed, 2011, c. 25, s. 30]

    • (h) any complaint by a person with respect to any matter within the jurisdiction of the Commission; and

    • (i) any other matter arising out of the performance of the duties of the Commission.

  • Marginal note:Designation

    (2) The Commission may designate one commissioner to conduct any investigation under this section that is not in the nature of a hearing.

  • R.S., 1985, c. G-10, s. 91;
  • 1988, c. 65, s. 128;
  • 1998, c. 22, s. 25(F);
  • 2011, c. 25, s. 30.
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