Jobs and Growth Act, 2012 (S.C. 2012, c. 31)
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Assented to 2012-12-14
PART 4VARIOUS MEASURES
Coming into Force
Marginal note:Order in council
350. This Division, other than section 349, comes into force on a day to be fixed by order of the Governor in Council.
Division 19R.S., c. G-10Canada Grain Act
Amendments to the Act
Marginal note:1994, c. 45, s. 1(6)(F)
351. (1) The definitions “overage”, “shortage”, “transfer elevator” and “weigh-over” in section 2 of the Canada Grain Act are repealed.
Marginal note:1994, c. 45, s. 1(6)(F)
(2) The definition “terminal elevator” in section 2 of the Act is replaced by the following:
“terminal elevator”
« installation terminale » ou « silo terminal »
“terminal elevator” means an elevator whose principal uses are the receiving of grain from another elevator and the cleaning, storing and treating of the grain before it is moved forward;
(3) Subparagraph (b)(ii) of the definition “lawfully” in section 2 of the Act is replaced by the following:
(ii) the delivery of grain to a terminal elevator or process elevator or to a consignee at a destination other than an elevator, or
Marginal note:1994, c. 45, s. 4
352. Paragraph 12(g) of the Act is replaced by the following:
(g) fixing the allowance to be paid to members of grain standards committees.
353. Subparagraphs 14(1)(e)(i) and (ii) of the Act are replaced by the following:
(i) may request that a grain dealer or an operator of an elevator provide it with any sample of grain, grain products or screenings in their possession that the Commission specifies,
(ii) wherever appropriate, utilize technical, economic and statistical information and advice from any department or agency of the Government of Canada, and
(iii) maintain an efficient and adequately equipped laboratory;
354. Paragraph 20(2)(b) of the Act is repealed.
355. (1) Paragraph 27(1)(a) of the Act is replaced by the following:
(a) shall be used as the visual grading standard in the grading of western grain of that grade discharged from a terminal elevator or process elevator; and
(2) Paragraph 27(2)(a) of the Act is replaced by the following:
(a) shall be used as a visual grading guide in the grading of grain of that grade, other than western grain discharged from a terminal elevator or process elevator; and
356. Section 33 of the Act is replaced by the following:
Marginal note:Transmission of inspection certificate
33. An inspection certificate issued when grain is discharged from a terminal elevator shall be transmitted with the shipping documents relating to the grain.
Marginal note:1994, c. 45, s. 8; 2003, c. 22, par. 224(n)(E)
357. The heading before section 35 and sections 35 to 38 of the Act are repealed.
358. Section 39 of the Act is replaced by the following:
Marginal note:Right of appeal
39. (1) Any person who is dissatisfied with the grade assigned to grain on an official inspection may appeal the decision of the inspector in respect of any characteristics of the grain, by way of an application for reinspection of the grain, to the chief grain inspector for Canada.
Marginal note:Time for appeal
(2) Except with the Commission’s permission, no appeal lies under this section unless, within 15 days after the decision that is the subject of the appeal is made, notice of the appeal is given to the chief grain inspector for Canada.
Marginal note:R.S., c. 37 (4th Supp.), s. 15
359. Section 41 of the Act is replaced by the following:
Marginal note:Duties of chief grain inspector on appeal
41. (1) If an appeal is taken, the chief grain inspector for Canada shall
(a) inspect the grain to which the appeal relates or a sample of that grain;
(b) review the decision appealed;
(c) assign to the grain the grade that he or she considers to be the appropriate grade for the grain; and
(d) if a grade is assigned to the grain that is different from the grade previously assigned to it, require all inspection certificates, and all other documents specified by the Commission, relating to the grain to be revised accordingly.
Marginal note:Decision is final
(2) The decision of the chief grain inspector for Canada is final and conclusive and not subject to appeal to or review by any court.
Marginal note:Delegation
(3) The chief grain inspector for Canada may delegate all or part of the duties and functions conferred on him or her under subsection (1).
360. Paragraph 42(c) of the Act is repealed.
Marginal note:1994, c. 45, s. 10; 2001, c. 4, s. 88(E)
361. Subsections 45(1) and (2) of the Act are replaced by the following:
Marginal note:Issue of licences — elevator operators and grain dealers
45. (1) If a person who proposes to operate an elevator or to carry on business as a grain dealer applies in writing to the Commission for a licence and the Commission is satisfied that the applicant and the elevator, if any, meet the requirements of this Act and any conditions that the Commission may specify, the Commission may issue to the applicant the licence of a class or subclass determined by the Commission to be appropriate to the type of operation of that elevator or the business of that grain dealer.
362. The Act is amended by adding the following after section 45:
Marginal note:Security
45.1 (1) Unless exempted by regulation or by order of the Commission, a licensee shall obtain any prescribed security for the purpose of covering the licensee’s potential obligations for the payment of money or the delivery of grain to holders of cash purchase tickets, elevator receipts or grain receipts issued under this Act and shall maintain that security for as long as they are a licensee.
Marginal note:Proof of security
(2) The licensee shall, on request, provide the Commission with proof of that security.
Marginal note:Agreements
45.2 The Commission may enter into agreements with third parties in respect of any prescribed security.
Marginal note:1994, c. 45, s. 10
363. (1) The portion of subsection 46(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Refusal to issue elevator licence
46. (1) The Commission may refuse to issue an elevator licence if the applicant has not obtained security as required by subsection 45.1(1) or fails to establish to the satisfaction of the Commission that
Marginal note:1994, c. 45, s. 10
(2) Subsection 46(2) of the Act is replaced by the following:
Marginal note:Refusal to issue grain dealer’s licence
(2) The Commission may refuse to issue a grain dealer’s licence if the applicant has not obtained security as required by subsection 45.1(1).
Marginal note:R.S., c. 37 (4th Supp.), s. 17(1); 1994, c. 45, s. 12; 1998, c. 22, s. 6(3) and par. 25(b)(F)
364. Section 49 of the Act is replaced by the following:
Marginal note:Additional security
49. (1) If the Commission has reason to believe that any security obtained by a licensee under this Act is not sufficient, the Commission may, by order, require the licensee to obtain, within any period that the Commission considers reasonable, any additional security that it considers is sufficient.
Marginal note:Limitation — prescribed percentage
(2) Despite any other provision of this Act, the Commission may prescribe by regulation the percentage of the value of a cash purchase ticket, an elevator receipt or a grain receipt that may be realized or enforced against security obtained by a licensee, and the security may be realized or enforced in relation to the cash purchase ticket, elevator receipt or grain receipt only to the extent of the prescribed percentage.
Marginal note:Interpretation — failure to meet payment obligations
(3) If the failure on the part of a licensee to meet the licensee’s payment obligations is a result of their giving to the producer a cash purchase ticket or other bill of exchange that the bank or other financial institution on which it is drawn subsequently refuses to honour, that failure occurs when the cash purchase ticket or other bill of exchange is given to the producer.
Marginal note:R.S., c. 37 (4th Supp.), s. 20(1)
365. (1) Subsection 54.1(1) of the Act is replaced by the following:
Marginal note:Recovery of charges
54.1 (1) If an elevator receipt issued by the licensee of a terminal elevator has been outstanding for more than one year and any charges accruing under the receipt have accrued for more than one year and are unpaid, the licensee, with the Commission’s written permission, after giving any notice of sale to the last known holder of the receipt that may be specified by the Commission, may, on any terms and conditions that may be specified in writing by the Commission, sell the grain referred to in the receipt or grain of the same kind, grade and quantity to recover the charges.
Marginal note:R.S., c. 37 (4th Supp.), s. 20(1)
(2) Subsection 54.1(3) of the Act is replaced by the following:
Marginal note:Warning
(3) Each elevator receipt issued by the licensee of a terminal elevator shall bear the following warning:
“WARNING: If the charges accruing under this receipt have been unpaid for more than one year, the grain may be sold, in which case the holder is entitled to receive, on surrender of this receipt, only the money received for the grain less those charges and the costs of sale.
AVERTISSEMENT : En cas de non-paiement, pendant plus d’un an, des droits exigibles aux termes d’un récépissé, le grain peut être vendu, le détenteur du récépissé n’ayant droit par la suite, sur remise de ce document, qu’au produit de la vente, déduction faite de ces droits et des frais exposés pour la vente.”
Marginal note:1998, c. 22, par. 25(d)(F)
366. Subsection 62(4) of the Act is replaced by the following:
Marginal note:Restriction
(4) No order shall be made under subsection (3) unless written notice of the dispute has been received by the Commission within 30 days after the delivery of the grain that is the subject of the dispute to a terminal elevator or process elevator.
367. Paragraph 65(3)(c) of the Act is replaced by the following:
(c) deliver to the holder of the surrendered receipt an elevator receipt issued by the operator of a licensed terminal elevator for grain of the same kind, grade and quantity as the grain referred to in the surrendered receipt.
368. (1) The portion of subsection 67(1) of the Act before paragraph (b) is replaced by the following:
Marginal note:Discharge of grain from primary elevator
67. (1) Subject to section 86, the operator of a licensed primary elevator shall without delay discharge into a conveyance referred to in paragraph (b), to the extent of the conveyance’s capacity, the identical grain or grain of the same kind, grade and quantity that any elevator receipt issued by the operator requires if the holder of the receipt who is entitled to the delivery of grain referred to in that receipt
(a) may lawfully deliver the grain to a terminal elevator or process elevator or to a consignee at a destination other than an elevator; and
(2) The portion of subsection 67(1) of the English version of the Act after paragraph (a) is replaced by the following:
(b) has caused to be placed at the elevator, to transport the grain, a railway car or other conveyance that is capable of receiving grain discharged out of the elevator and to which the grain may lawfully be delivered.
Marginal note:R.S., c. 37 (4th Supp.), s. 21(1); 1994, c. 45, s. 18; 1998, c. 22, par. 25(f)(F)
369. Sections 68.1 to 71 of the Act are replaced by the following:
Terminal Elevators
Marginal note:Receipt of grain
69. (1) Subject to section 58 and any order made under subsection (2) or section 118, an operator of a licensed terminal elevator shall, at all reasonable hours on each day on which the elevator is open, without discrimination and in the order in which grain arrives, receive into the elevator all grain that is lawfully offered at the elevator, for which there is available storage accommodation of the type required by the person who offered the grain.
Marginal note:Orders respecting receipt of grain
(2) The Commission may, by order, on any conditions that it may specify, authorize or require the operator of a licensed terminal elevator to receive grain that is lawfully offered for storage or transfer at the elevator otherwise than as required by subsection (1).
Marginal note:Weighing on receipt of grain
69.1 (1) Subject to subsection (2), and unless exempted by regulation or by order of the Commission, an operator of a licensed terminal elevator shall weigh grain received into the elevator in a manner authorized by the Commission.
Marginal note:Weighing by third party
(2) Unless exempted by regulation or by order of the Commission, an operator shall cause the grain to be weighed by a third party authorized by the Commission and chosen by the operator, if the person who caused the grain to be delivered so requests.
Marginal note:Weighing in manner authorized by Commission
(3) The third party shall weigh the grain in a manner authorized by the Commission.
Marginal note:Access
(4) The operator shall provide the third party with access to the operator’s premises to permit the third party to weigh the grain.
Marginal note:Failure to weigh
69.2 If an operator of a licensed terminal elevator does not comply with subsection 69.1(1) or (2), the person who caused the grain to be delivered may, for the purpose of settling any transaction between that person and the operator in relation to the grain, rely on any record or document that states the weight of that grain before he or she caused it to be delivered.
Marginal note:Inspection by operator
70. (1) Subject to subsection (2), and unless exempted by regulation or by order of the Commission, an operator of a licensed terminal elevator shall inspect the grain received into the elevator in a manner authorized by the Commission.
Marginal note:Inspection by third party
(2) Unless exempted by regulation or by order of the Commission, the operator shall cause the grain to be inspected by a third party authorized by the Commission and chosen by the operator, if the person who caused the grain to be delivered so requests.
Marginal note:Third party authorized
(3) The third party shall inspect the grain in a manner authorized by the Commission.
Marginal note:Access
(4) The operator shall provide the third party with access to the operator’s premises to permit the third party to inspect the grain.
Marginal note:Disagreement — application for reinspection
(5) If there is any disagreement following an inspection under this section between the operator and the person who caused the grain to be delivered as to the grain’s grade or the dockage, either of them may, in the prescribed manner and within the prescribed time, apply to the chief grain inspector for Canada for a reinspection of the grain. If an application is made, the operator shall forward all samples of grain taken as part of the inspection, or a prescribed portion of them, to the chief grain inspector for Canada within the prescribed time.
Marginal note:Reinspection
(6) The chief grain inspector for Canada shall examine the samples of grain, or the portion of them, assign a grade to the grain and determine the dockage. The chief grain inspector for Canada shall provide the operator and the person who caused the grain to be delivered with a copy of his or her decision with respect to the grade and dockage.
Marginal note:Document revised if grade changed
(7) If the grade assigned to the grain is different from the grade previously assigned to it, the chief grain inspector for Canada shall require all inspection certificates, and all other documents specified by the Commission, relating to the grain to be revised accordingly.
Marginal note:Application to entire parcel of grain
(8) The decision of the chief grain inspector for Canada applies to the entire parcel of grain to which the samples relate.
Marginal note:Determination final
(9) The decision of the chief grain inspector for Canada is final and conclusive and not subject to appeal to or review by any court.
Marginal note:Delegation
(10) The chief grain inspector for Canada may delegate all or part of the duties and functions conferred on him or her under this section.
Marginal note:Failure to inspect
70.1 (1) If an operator of a licensed terminal elevator does not comply with subsection 70(1) or (2), the person who caused the grain to be delivered, may apply in writing to the Commission for an order referred to in subsection (4).
Marginal note:Samples
(2) The applicant shall sample the grain in the prescribed manner and include all prescribed samples with his or her application.
Marginal note:Period for making application
(3) The application shall be made to the Commission within 15 days after the day on which the grain is received in the elevator.
Marginal note:Commission’s order
(4) The Commission may, by order,
(a) for the purpose of settling any transaction between the applicant and the operator in relation to the grain, declare the grain to be of the highest grade for grain of the kind and class that was delivered; or
(b) require that the operator deliver, at his or her own cost, to the applicant grain that has the equivalent characteristics as the grain of the kind and class that was delivered and is of the highest grade for that grain in the same quantity as was delivered.
Marginal note:Determination of kind and class
(5) The order must include the Commission’s determination, based on the samples provided with the application, of the kind and class of the grain delivered and its determination of the characteristics of the grain that the applicant requests and that the Commission considers necessary.
Marginal note:Copy of order
(6) A copy of the order shall be forwarded in accordance with any rules made under subsection 99(2) to each person affected by the order and to any other person that may be specified in those rules.
Marginal note:Inspection — required by regulation or order
70.2 (1) If required by regulation or by order of the Commission, an operator of a licensed terminal elevator shall cause grain received into the elevator to be weighed or inspected by a third party in the manner specified in the regulation or order or cause it to be officially weighed or officially inspected, or any combination of those weighings and inspections.
Marginal note:Third party
(2) The third party is authorized by the Commission and chosen by the operator.
Marginal note:Official weighing and inspecting before discharge
70.3 (1) Unless exempted by regulation or by order of the Commission, an operator of a licensed terminal elevator shall cause the grain in the elevator — other than grain that is destined for another licensed elevator — to be officially weighed and officially inspected immediately before or during its discharge from the elevator.
Marginal note:Weighing and inspecting before discharge
(2) Unless exempted by regulation or by order of the Commission, an operator of a licensed terminal elevator shall weigh and inspect, in the manner authorized by the Commission, grain in the elevator that is destined for another licensed elevator immediately before or during its discharge from the elevator.
Marginal note:Weighing and inspecting by third party
(3) Unless exempted by regulation or by order of the Commission, the operator of the licensed terminal elevator discharging the grain shall cause it to be weighed or inspected, or both, by a third party authorized by the Commission and chosen by the operator if the operator of the licensed elevator destined to receive the grain so requests.
Marginal note:Third party authorized
(4) The third party shall weigh or inspect the grain, or do both, as the case may be, in a manner authorized by the Commission.
Marginal note:Access
(5) The operator of the licensed terminal elevator discharging the grain shall provide the third party with access to the operator’s premises to permit the third party to weigh or inspect the grain, or do both, as the case may be.
Marginal note:Accept or refuse to receive grain
70.4 (1) If an operator of a licensed terminal elevator discharging grain does not comply with subsection 70.3(2) or (3), the operator of the licensed elevator destined to receive the grain may refuse to receive the grain.
Marginal note:Grain received
(2) If the operator of the licensed elevator destined to receive the grain agrees to receive it, the operator shall weigh the grain, sample it in the prescribed manner and forward all samples to the Commission.
Marginal note:Decision
(3) The Commission shall examine the samples, assign a grade to the grain and determine the dockage. The Commission shall provide the operator of the licensed terminal elevator discharging the grain and the operator of the licensed elevator that agreed to receive that grain with a copy of its decision with respect to the grade and dockage.
Marginal note:Application to entire parcel of grain
(4) The Commission’s decision with respect to the grade and dockage applies to the entire parcel of grain to which the samples relate.
Marginal note:Period for retaining samples
70.5 An operator of a licensed terminal elevator shall retain for the prescribed period any sample of grain taken as part of an inspection under subsection 70(1) or (2) or section 70.2 or 70.3.
Marginal note:Dockage removed
70.6 Except as may be authorized or required by regulation or by order of the Commission, an operator of a licensed terminal elevator shall remove from the grain received into the elevator the dockage that is required to be removed by the inspection certificate.
Marginal note:Elevator receipt
71. (1) On receipt of grain into a licensed terminal elevator, the operator of the elevator shall, if the grain has been weighed under subsection 69.1(1) or (2), or inspected under subsection 70(1) or (2) or weighed or inspected — officially or otherwise — under section 70.2,
(a) immediately issue an elevator receipt for the grain and any screenings that he or she is required to report; and
(b) on surrender of the bill of lading relating to the grain, together with evidence of the payment of the charges accrued on the grain before its receipt into the elevator, deliver the elevator receipt to or on the order of the holder of the bill of lading.
Marginal note:Receipt for grain containing excessive moisture or intermixed with other material
(2) Despite any provision of this Act relating to the delivery of grain of the same kind, grade and quantity as that referred to in an elevator receipt, if the operator of a licensed terminal elevator issues an elevator receipt for grain to which any grade would be assignable but for its excessive moisture or intermixture with another material removable by treatment, that operator, on the drying or treatment of the grain, as the case may be, shall recall the receipt, assign the grain a grade and issue a new elevator receipt for grain of that grade that is adjusted to the grain’s dried quantity or quantity remaining after the treatment.
Marginal note:Warning
(3) The elevator receipt issued for grain referred to in subsection (2) on the receipt of the grain into a licensed terminal elevator shall state that the receipt is subject to recall and adjustment.
Marginal note:Grain owned by licensee
(4) If the operator of a licensed terminal elevator becomes the owner of grain removed from screenings in that elevator, the operator may, with the Commission’s permission, issue an elevator receipt in his or her own name for the grain.
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