AMENDMENTS NOT IN FORCE
— 2012, c. 31, s. 361
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:
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.
— 2012, c. 31, s. 362
362 The Act is amended by adding the following after section 45:
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.
Proof of security
(2) The licensee shall, on request, provide the Commission with proof of that security.
45.2 The Commission may enter into agreements with third parties in respect of any prescribed security.
— 2012, c. 31, s. 363
1994, c. 45, s. 10
1994, c. 45, s. 10
(2) Subsection 46(2) of the Act is replaced by the following:
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).
— 2012, c. 31, s. 364
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:
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.
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.
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.
— 2014, c. 8, ss. 14(1), (2)
1998, c. 22
14 (1) In this section, “other Act” means 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.
(2) If section 4 of this Act comes into force before section 21 of the other Act, then, on the day on which that section 21 comes into force, subsection 95(1) of the Canada Grain Act is amended by adding the following after paragraph (a):
(a.1) the licensee has failed to comply with an arbitrator’s decision made under section 92.1;
— 2020, c. 1, s. 59
— 2020, c. 1, s. 60
1994, c. 45, s. 1(3)
(2) The definitions eastern grain and western grain in section 2 of the Act are replaced by the following:
- eastern grain
eastern grain means grain, other than imported grain, that is delivered into the Eastern Division; (grain de l’Est)
- western grain
western grain means grain, other than imported grain, that is delivered into the Western Division; (grain de l’Ouest)
(3) Section 2 of the Act is amended by adding the following in alphabetical order:
- imported grain
imported grain means any grain grown outside Canada or the United States and includes screenings from such a grain and every grain product manufactured or processed from such a grain; (grain importé)
— 2020, c. 1, s. 61
61 The Act is amended by adding the following after section 2:
2.1 Grain is contaminated for the purposes of this Act if the grain contains any substance in sufficient quantity that the grain is either
— 2020, c. 1, s. 62
62 Paragraph 14(1)(a) of the Act is replaced by the following:
(a) recommend and establish grain grades and standards for those grades and implement a system of grading and inspection for grain to reflect adequately the quality of that grain and meet the need for efficient marketing in and outside Canada;
— 2020, c. 1, s. 63
— 2020, c. 1, s. 64
(a) if the grain was grown in Canada or the United States,
(2) Paragraph 32(1)(b) of the Act is replaced by the following:
(b) if the grain was grown outside Canada or the United States, stating the country of origin of the grain or stating that the grain is imported grain and, in the prescribed circumstances,
(i) assigning to the grain a grade established by or under this Act or, if the grain is eligible to be assigned more than one grade, assigning to the grain the grade constituting the highest level of excellence for which the grain is eligible, and
(ii) stating the dockage to be separated from the grain in order that it may be eligible for the grade so assigned.
— 2020, c. 1, s. 65
65 The Act is amended by adding the following after section 58:
58.1 No operator of a licensed elevator is required to receive into the elevator any grain that
— 2020, c. 1, s. 66
1994, c. 45, s. 16
66 Section 61 of the Act is replaced by the following:
Procedure on receipt of grain
61 (1) Subject to subsection (2), if grain is lawfully offered at a licensed primary elevator for sale or storage, other than for special binning, the operator of the elevator shall, at the prescribed time and in the prescribed manner, issue a cash purchase ticket or elevator receipt stating the grade name, grade and dockage of the grain, and immediately provide it to the producer.
(2) If the producer and the operator of the elevator do not agree as to the grade of the grain, the dockage or a prescribed grain quality characteristic, the operator shall
(3) On receipt of a report from the Commission that assigns a grade in respect of the sample and that determines the dockage and each disputed grain quality characteristic, the operator of the elevator shall issue, at the prescribed time and in the prescribed manner, a cash purchase ticket or elevator receipt stating the grade name of the grain, the grade assigned in respect of the sample, the dockage so determined and each grain quality characteristic so determined, and immediately provide it to the producer.
— 2020, c. 1, s. 67
1994, c. 45, s. 25; 2011, c. 25, s. 27
67 The heading before section 83.1 and sections 83.1 to 84 of the Act are replaced by the following:
Declaration Respecting Grain
Obligation to provide declaration
83.1 Every licensee and every person who sells grain to a licensee shall, in accordance with the regulations, make and provide a declaration respecting the grain to a prescribed person.
83.2 The Commission may, with the approval of the Governor in Council, make regulations respecting the declaration referred to in section 83.1, including regulations prescribing
False or misleading statement
83.3 No person shall knowingly make a false or misleading statement in a declaration referred to in section 83.1.
PART VCarriage of Grain
Transport, except by public carrier, restricted
84 Except in accordance with terms and conditions prescribed under section 84.1 or with an order made under section 84.2, no person, other than a public carrier, shall transport or cause to be transported any grain into or out of Canada.
84.1 The Commission may, with the approval of the Governor in Council, make regulations prescribing terms and conditions for the purposes of section 84.
84.2 The Commission may, by order, permit a person other than a public carrier, to transport or cause to be transported any grain into or out of Canada, in accordance with any terms and conditions set out in the order. If the order applies to more than one person, it applies for a period of time terminating not later than the end of the crop year in respect of which the order is made.
— 2020, c. 1, s. 68
(c.1) prescribing circumstances in which an inspector, under paragraph 32(1)(b), is to assign a grade to imported grain and to state the dockage that is to be separated from it;
(2) Paragraph 116(1)(h) of the Act is replaced by the following:
(h) respecting the receipt, inspection, handling and storage at elevators of imported grain and prescribing the period of time that it may remain in storage at any elevator;
— 2020, c. 1, s. 69
69 The Act is amended by adding the following after section 118:
Incorporation by reference — Commission
118.1 (1) A regulation made by the Commission under this Act may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time.
(2) The Commission shall ensure that any document that is incorporated by reference in a regulation made by it under this Act, including any amendments to the document, is accessible.
(3) A person is not liable to be found guilty of an offence for any contravention in respect of which a document that is incorporated by reference in a regulation made by the Commission under this Act is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (2) or it was otherwise accessible to the person.
No registration or publication
(4) For greater certainty, a document that is incorporated by reference in a regulation made by the Commission under this Act is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.
- Date modified: