Prairie Grain Advance Payments Regulations (C.R.C., c. 1301)

Short Title

1 These Regulations may be cited as the Prairie Grain Advance Payments Regulations.

Interpretation

2 In these Regulations,

Act

Act means the Prairie Grain Advance Payments Act; (Loi)

Board

Board means The Canadian Wheat Board. (Commission)

Applications and Endorsements

• 3 (1) An application for an advance payment made by an applicant who has discharged his undertakings, if any, given in relation to all advance payments made to him in prior years, and has not received an advance payment in the current crop year, shall be made in accordance with Form AR-A of the schedule.

• (2) An application for an advance payment made by an applicant other than an applicant described in subsection (1), shall be made in accordance with Form AR-B of the schedule.

• 4 (1) A producer who applies for an advance payment shall submit an application, completed in prescribed form in ink or indelible pencil, to a manager or operator of an elevator or other person authorized by the Board to make advance payments on its behalf.

• (2) Upon receipt of an application for an advance payment, the manager or operator of an elevator or other person authorized by the Board to make advance payments on its behalf shall examine the application with care and, if he is satisfied that the statements set forth in the application are true, shall

  • (a) in the case of an application for an advance payment made in accordance with Form AR-A of the schedule, approve the application on behalf of the Board; and

  • (b) in the case of an application for an advance payment made in accordance with Form AR-B of the schedule, forward the application to the Board for verification of the amount of the first advance payment made to the applicant, the deliveries made in respect thereof and the balance of grain remaining to be delivered in respect thereof, and, upon receiving verification from the Board, shall approve the application on behalf of the Board.

5 A producer shall, at the time of making his application for an advance payment, produce to the person to whom the application is made the permit book described in the application.

• 6 (1) Upon approval of an application in Form AR-A of the schedule, the person who approved the application shall place in the permit book described in the application the endorsement required by section 8 of the Act, which shall be in accordance with Form AR-C of the schedule, and shall sign the endorsement.

• (2) Upon approval of an application for an advance payment made in accordance with Form AR-B of the schedule, the person who approved the application shall amend the endorsement in the permit book by adding to it the amount of the new advance payment.

7 Upon the approval of an application for an advance payment, the person who approved the application shall

• (a) write on the outside front cover of the permit book the word “endorsed” and the date of the endorsement, and shall sign the endorsement; and

• (b) make the advance payment sought in the application.

8 At the time of making the advance payment, the person making it shall sign in ink or indelible pencil the certificate of approval contained in the application form, certifying that

• (a) he has examined the application with care and is satisfied that the statements made therein are true;

• (b) the persons whose names appear as signatories in the application are the producers and all of the producers named in the permit book described in the application;

• (c) the permit book described in the application was produced to him and he has endorsed therein the endorsement required by the Act and these Regulations; and

• (d) he has approved of the application on behalf of the Board and has made the advance payment sought therein.

• 9 (1) Where the recipient of an advance payment in a prior crop year has failed to discharge his undertaking given in respect of such advance payment and applies to the Board for a permit book, the Board shall place or cause to be placed in the permit book a transfer of endorsement form which shall be in accordance with Form AR-C of the schedule.

• (2) After a transfer of endorsement has been placed in a permit book, the person who placed the transfer of endorsement in the permit book shall write on the outside front cover of the permit book the word “endorsed” and the date of the transfer of endorsement, and shall sign the endorsement.

10 Where the recipient of an advance payment has discharged his undertaking, the Board shall cancel the endorsement in his permit book and shall cause the cancellation in Form AR-E of the schedule.

Prescribed Quota Limitation

• 11 (1) Subject to subsection (2), for the purpose of subsection 7(2) of the Act, the number of tonnes prescribed for the purpose of making advances under the Act shall be

  • (a) 0.270 tonnes per quota acre, in respect of wheat;

  • (b) 0.230 tonnes per quota acre, in respect of oats; and

  • (c) 0.435 tonnes per quota acre, in respect of barley.

• (2) The maximum quantity of any grain deliverable under an applicant’s permit book in respect of any application made after the commencement of a crop year shall be reduced by a quantity equal to the difference between

  • (a) the quantity of that grain that the applicant was authorized to deliver to the Board under the permit book during that crop year under the same quotas; and

  • (b) the quantity of that grain delivered to the Board by the applicant under the permit book during that crop year under general quotas that have terminated prior to his application.

Prescribed Grade and Advance Payment Rate

• 12 (1) For the purposes of subsections 7(4) and (5) of the Act and for the crop year commencing on August 1, 1986,

  • (a) the prescribed grade of wheat is No. 1 Canada Western Red Spring;

  • (b) the prescribed grade of oats is No. 1 Feed; and

  • (c) the prescribed grade of barley is No. 1 Feed.

• (2) The advance payment rate for the crop year commencing on August 1, 1986 shall be

  • (a) $87 per tonne for wheat;

  • (b) $50 per tonne for oats; and

  • (c) $53 per tonne for barley.

Interest

• 13 (1) Where the Act requires interest to be paid on advance payments, the annual rate of interest payable on the advance payments shall be equal to

  • (a) during the period beginning on August 1 in a year and ending on January 31 of the following year, the lowest of the annual lending rates offered by the banks listed in subsection (2) to their best commercial customers on the first banking day within that period, plus 1½ per cent; and

  • (b) during the period beginning on February 1 in a year and ending on July 31 of that year, the lowest of the annual lending rates offered by the banks listed in subsection (2) to their best commercial customers on the first banking day within that period, plus 1½ per cent.

• (2) For the purposes of subsection (1), the banks are:

  • (a) The Royal Bank of Canada;

  • (b) Canadian Imperial Bank of Commerce;

  • (c) Bank of Montreal;

  • (d) The Bank of Nova Scotia; and

  • (e) The Toronto-Dominion Bank.

Reports

14 The Board shall make such reports to the Minister in respect of advance payments as the Minister may require.

Collections

15 Where a recipient is in default in respect of his undertaking, the Board or Her Majesty may effect collection of the amount in default and any interest thereon by instituting proceedings in the Federal Court of Canada.

Emergency Advance Payments for Unthreshed Grain

16 The Board may, in the 1984-85 crop year, upon application therefor made before June 15, 1985, make advance payments to producers for unthreshed grain in respect of the 1984-85 crop year.

16.1 The Board may, in the 1985-86 crop year, upon an application therefor made before June 1, 1986, make advance payments to producers for unthreshed grain in respect of the 1985-86 crop year.

Emergency Advance Payments for the Drying of Damp or Tough Grain

17 The Board may, in the 1985-86 crop year, upon application therefor made before June 1, 1986, make advance payments in respect of the 1985-86 crop year to enable producers of grain to better finance the drying of damp or tough grain.