Jobs and Growth Act, 2012 (S.C. 2012, c. 31)

Assented to 2012-12-14

 Section 97 of the Act is amended by adding “and” after paragraph (a), by striking out “and” at the end of paragraph (b) and by repealing paragraph (c).

 Subsection 111(2) of the Act is repealed.

Marginal note:1998, c. 22, par. 25(s)(F)

 Sections 113 and 114 of the Act are repealed.

Marginal note:R.S., c. 37 (4th Supp.), s. 28(E)

 Paragraph 115(d) of the Act is replaced by the following:

  • (d) direct that any grade established under this Act be assigned only to grain being officially inspected on discharge from a terminal elevator;

  •  (1) Paragraph 116(1)(i) of the Act is replaced by the following:

    • (i) prescribing the procedure to be followed on appeals as to grades of grain;

  • Marginal note:1994, c. 45, s. 33(4); 2001, c. 4, s. 89(E)

    (2) Paragraphs 116(1)(k) and (k.1) of the Act are replaced by the following:

    • (k) respecting the security to be obtained, by way of bond, suretyship, insurance or otherwise, for the purposes of subsection 45.1(1);

    • (k.1) specify the person or class of persons who may realize on or enforce security obtained by a licensee;

    • (k.2) specify conditions related to realizing on or enforcing security obtained by a licensee;

    • (k.3) exempt a licensee from the requirement to obtain security;

  •  (1) Paragraph 118(a) of the Act is replaced by the following:

    • (a) subject to any order made by the Governor in Council under section 115, governing the allocation of available railway cars to terminal elevators and among shipping points on any line of railway;

    • (a.1) exempting a licensee from the requirement to obtain security;

    • (a.2) requiring a licensee to obtain, within any period that the Commission considers reasonable, any additional security for the purposes of subsection 49(1) that it considers sufficient;

  • (2) Section 118 of the Act is amended by adding the following after paragraph (b):

    • (b.1) requiring an operator of a licensed terminal elevator to cause grain to be weighed or inspected by a third party authorized by the Commission and chosen by the operator or cause it to be officially weighed or officially inspected, or any combination of those, and specifying the manner of weighing or inspecting;

  • (3) Paragraph 118(f) of the Act is replaced by the following:

    • (f) providing for the equitable apportionment, among shippers, of elevator storage space in licensed terminal elevators;

Related Amendments

1998, c. 22An Act to amend the Canada Grain Act and the Agriculture and Agri-food Administrative Monetary Penalties Act and to repeal the Grain Futures Act

  •  (1) Subsection 1(1) 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, is repealed.

  • (2) Subsection 1(3) of the Act is replaced by the following:

 Sections 2 to 5 of the Act are replaced by the following:

Marginal note:1994, c. 45, s. 10

5. Subsection 46(3) of the Act is replaced by the following:

  • Marginal note:Refusal of licence — convictions

    (3) The Commission may refuse to issue a licence to any applicant who, within the 12 months immediately before the application for the licence, has 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.

 Subsections 6(1) and (2) of the Act are repealed.

 Section 7 of the Act is repealed.

 Section 10 of the Act is repealed.

 Section 15 of the Act is replaced by the following:

15. The Act is amended by adding the following after section 68:

Marginal note:Interpretation

68.1 For greater certainty, in sections 60 to 68, “licensed primary elevator” means a primary elevator operating under a primary elevator licence referred to in paragraph 42(a).

 Section 16 of the Act is repealed.

 Section 18 of the Act is replaced by the following:

Marginal note:1988, c. 65, s. 127; 1994, c. 45, s. 29

18. Section 90 of the Act is replaced by the following:

Marginal note:Seizure and report
  • 90. (1) An inspector may seize any documents or records that he or she has reasonable grounds to believe contain or are evidence that an offence under this Act or a violation was committed — and, in any event, shall without delay report to the Commission the facts ascertained by him or her — if he or she has reasonable grounds to believe that

    • (a) any offence under this Act or any violation was committed;

    • (b) any grain, grain product or screenings in an elevator are 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; or

    • (d) an elevator is in any condition that causes danger to persons or loss or deterioration of grain, grain products or screenings stored in it.

  • Marginal note:Detention

    (2) Documents or records seized under subsection (1) shall not be detained after the expiration of 30 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.

 Section 19 of the Act is replaced by the following:

Marginal note:1994, c. 45, s. 30

19. Subsection 93(1) of the Act is replaced by the following:

Marginal note:Restriction of operations and suspension of licence
  • 93. (1) If, on receiving the report of an inspector under section 90 or on making an investigation under section 91, the Commission has reasonable grounds to believe that a licensee has failed to comply with any condition of a licence or has committed an offence under this Act or committed a violation or that a condition referred to in paragraph 90(1)(b), (c) or (d) exists in a licensed elevator, the Commission may, by order,

    • (a) require that any grain, grain product or screenings in the elevator be weighed and inspected, for the purpose of determining the amount in stock of the grain, grain product or screenings, as the case may be, in the elevator, by the licensee or a person authorized by the Commission and, to permit the weighing and inspection, prohibit, for any period not exceeding 30 days that 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 the manner and within the time that is specified in the order,

      • (ii) require that the grain, grain products or screenings in the elevator that are specified in the order be stored or disposed of in any manner that the Commission considers equitable, and

      • (iii) prohibit, for any period not exceeding 30 days that 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 for any period not exceeding 30 days that is specified in the order.

 Section 21 of the Act is replaced by the following:

21. Subsection 95(1) of the Act is replaced by the following:

Marginal note:Revocation of licence
  • 95. (1) The Commission may, by order, revoke a licence to operate an elevator or to carry on business as a grain 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 or any order made under paragraph 94(3)(b);

    • (b) the licensee or the manager of a licensed elevator is found guilty of an offence under this Act or has committed a violation;

    • (c) the licensee has failed to maintain their security as required by subsection 45.1(1);

    • (d) the licensee has failed to obtain additional security as required by any order made under subsection 49(1); or

    • (e) the licensee has failed to comply with any condition of a licence.

 
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