Marginal note:2005, c. 24, s. 2

370. Section 72 of the Act is replaced by the following:

Marginal note:1994, c. 45, s. 19

371. Section 73 of the Act is replaced by the following:

• 372. (1) The portion of subsection 74(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Discharge from elevator

  • 74. (1) Subject to section 86, the operator of a licensed terminal 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 may lawfully deliver grain referred to in that receipt to another elevator or to a consignee at a destination other than an elevator

• (2) The portion of subsection 74(1) of the English version of the Act after paragraph (b) is replaced by the following:

  • (c) surrenders the elevator receipt and pays the charges accrued under this Act in respect of the grain referred to in the receipt.

373. The portion of section 75 of the Act before paragraph (a) is replaced by the following:

• 374. (1) The portion of subsection 76(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Procedure if grain requires treatment or must be disposed of

  • 76. (1) If any grain in a licensed terminal elevator is found to be infested or contaminated, or to have gone or to be likely to go out of condition or otherwise to require treatment,

• Marginal note:2004, c. 25, s. 107(2)(E)

  (2) Subsection 76(3) of the English version of the Act is replaced by the following:

  • Marginal note:Costs of treatment, etc.

    (3) If, under a direction given under subsection (1), grain referred to in an elevator receipt indicating special binning issued by the operator of a licensed terminal elevator has been treated, shipped or otherwise disposed of, the costs incurred by the operator of the elevator in complying with the direction are recoverable from the persons having an interest or right in the grain in proportion to their respective interests or rights.

• (3) Subsection 76(4) of the Act is replaced by the following:

  • Marginal note:Operator not relieved of statutory or contractual obligation

    (4) Nothing in this section shall be construed as relieving the operator of a licensed terminal elevator from the performance of any obligation imposed on him or her under this Act or any contract under which any grain came into or remains in the operator’s possession.

• 375. (1) Subsection 77(1) of the Act is replaced by the following:

  Marginal note:Compulsory removal of grain

  • 77. (1) The operator of a licensed terminal elevator may, with the Commission’s written permission, on at least 30 days’ notice in writing, in a form and manner prescribed, to the last known holder of an elevator receipt issued by the operator, require the holder to take delivery from the elevator of the grain referred to in the receipt.

• (2) Subsection 77(2) of the English version of the Act is replaced by the following:

  • Marginal note:Sale of grain

    (2) If the holder of an elevator receipt issued by the operator of a licensed terminal elevator fails to take delivery of the grain referred to in a notice given under subsection (1) within the period for taking delivery set out in it, whether or not the notice has been brought to his or her attention, the operator of the elevator may, on any terms that may be specified in writing by the Commission, sell the identical grain or grain of the same kind, grade and quantity.

• (3) Subsection 77(4) of the Act is replaced by the following:

  • Marginal note:Warning

    (4) Each elevator receipt issued by the operator of a licensed terminal elevator shall bear the warning set out in subsection 65(4).

Marginal note:R.S., c. 37 (4th Supp.), s. 23; 1994, c. 45, s. 21; 2011, c. 25, s. 26

376. The heading before section 79 and sections 79 and 80 of the Act are repealed.

Marginal note:R.S., c. 37 (4th Supp.), s. 25(1); 1994, c. 45, s. 23

377. Section 82.1 of the Act and the heading before it are repealed.

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

378. Subsection 87(1) of the Act is replaced by the following:

379. Subsection 88(1) of the Act is amended by striking out “and” after paragraph (a) and by adding the following after that paragraph:

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

380. Subsection 90(1) of the Act is replaced by the following:

381. Paragraph 91(1)(c) of the Act is repealed.

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

• 382. (1) The portion of subsection 93(1) of the Act before paragraph (b) 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 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;

• (2) The portion of subsection 93(1) of the French version of the Act after paragraph (a) is replaced by the following:

  • b) dans le cas de toute situation visée à l’un des alinéas 90(1)b) à d) :

    • (i) exiger qu’il soit remédié à la situation selon les modalités qu’elle précise dans l’arrêté,

    • (ii) exiger que le grain, les produits céréaliers ou les criblures se trouvant dans l’installation et mentionnés dans l’arrêté soient stockés, ou qu’il en soit disposé, de la manière qu’elle juge équitable,

    • (iii) interdire, pour une période maximale de trente jours fixée par l’arrêté, tout usage particulier de l’installation ou de son équipement;

  • c) suspendre, à son appréciation, qu’elle exerce ou non les pouvoirs que lui confèrent les alinéas a) et b), la licence en cause pour une période maximale de trente jours fixée par l’arrêté.

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

384. 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).

385. Subsection 111(2) of the Act is repealed.

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

386. Sections 113 and 114 of the Act are repealed.

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

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

• 388. (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;

• 389. (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

• 390. (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:

  • (3) Section 2 of the Act is amended by adding the following in alphabetical order:

    “penalty”

    « sanction »

    “penalty” means an administrative monetary penalty imposed under the Agriculture and Agri-Food Administrative Monetary Penalties Act for a violation;

    “violation”

    « violation »

    “violation” means any contravention of this Act or the regulations or any order that may be proceeded with in accordance with the Agriculture and Agri-Food Administrative Monetary Penalties Act;

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

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

393. Section 7 of the Act is repealed.

394. Section 10 of the Act is repealed.

395. Section 15 of the Act is replaced by the following:

396. Section 16 of the Act is repealed.

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