PART IVElevators and Grain Dealers and the Handling of Grain by Licensees and Other Persons (continued)
Terminal Elevators (continued)
Marginal note:Limitation on receipt and discharge
75 No operator or manager of a licensed terminal elevator shall, except with the Commission’s written permission,
(a) permit any grain that has been officially inspected on discharge from the elevator to be again received into the elevator; or
(b) permit any grain containing dockage to be discharged from the elevator.
- R.S., 1985, c. G-10, s. 75
- 2012, c. 31, s. 373
Marginal note:Procedure if grain requires treatment or must be disposed of
(a) the operator of the elevator shall, without delay, inform the Commission, the principal inspector at the nearest inspection point and, if the grain is specially binned, the persons having an interest or right in the grain;
(b) the Commission shall, if it deems it necessary, arrange for the inspection of the grain;
(c) the Commission, or a person authorized by the Commission, shall give such directions as to the treatment or disposal of the grain as the circumstances require; and
(d) the operator of the elevator shall forthwith treat or dispose of the grain as so directed.
Marginal note:Mixing prohibited
(2) Except with the permission of the Commission, no grain in respect of which a direction has been given pursuant to subsection (1) shall thereafter be mixed with other grain.
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.
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.
- R.S., 1985, c. G-10, s. 76
- 2004, c. 25, s. 107
- 2012, c. 31, s. 374
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.
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.
Marginal note:Obligation on sale
(3) Where an operator of an elevator sells grain under subsection (2), the operator has no obligation to the holder of the elevator receipt issued in respect of the grain, other than to pay to the holder on surrender of the receipt the amount that the operator received for the grain sold less the aggregate of the costs, if any, incurred in the sale of the grain and the charges accrued under this Act in respect of the grain to the date of the sale.
(4) Each elevator receipt issued by the operator of a licensed terminal elevator shall bear the warning set out in subsection 65(4).
- R.S., 1985, c. G-10, s. 77
- 2012, c. 31, s. 375
78 (1) Subject to any provision of this Act, any regulation or any order of the Commission, the operator of a licensed process elevator shall receive into the elevator grain lawfully delivered to the elevator at the discretion of the operator.
Marginal note:Issuance of receipt or ticket
(2) On the receipt of grain from a producer into a licensed process elevator, the operator of the elevator shall, at the prescribed time and in the prescribed manner, issue a grain receipt or a cash purchase ticket stating the grade name, grade and dockage of the grain, and immediately provide the producer with the grain receipt or cash purchase ticket.
Marginal note:Limitation on discharge
(3) Except with the permission of the Commission, no operator of a licensed process elevator shall discharge grain from the elevator, otherwise than for direct manufacture or processing into another product, unless the grain is officially inspected and officially weighed at the time of discharge and assigned a grade pursuant to this Act.
- R.S., 1985, c. G-10, s. 78
- R.S., 1985, c. 37 (4th Supp.), s. 22
- 1994, c. 45, s. 20
79 [Repealed, 2012, c. 31, s. 376]
80 [Repealed, 2012, c. 31, s. 376]
Marginal note:Requirement to issue grain receipt or cash purchase ticket
81 (1) With respect to the purchase of western grain from a producer of that grain, every licensed grain dealer shall, at the prescribed time and in the prescribed manner, issue a grain receipt or cash purchase ticket stating the grade name, grade and dockage of the grain, and immediately provide it to the producer.
(2) [Repealed, R.S., 1985, c. 37 (4th Supp.), s. 24]
Marginal note:Commission contracts
(3) No licensed grain dealer who acts for any person on a commission basis in relation to the purchase or sale of western grain by a grade name shall, except with the consent of that person, buy, sell or have any interest or right, directly or indirectly beyond the dealer’s agreed commission in the purchase or sale of the grain.
(4) No licensed grain dealer shall
(a) except with the permission of the Commission, enter into a contract relating to western grain that the dealer has reason to believe is infested or contaminated; or
(b) enter into a contract that provides for the delivery of western grain to an elevator or a consignee if the grain is not lawfully receivable by the operator of the elevator or other consignee.
- R.S., 1985, c. G-10, s. 81
- R.S., 1985, c. 37 (4th Supp.), s. 24
- 1994, c. 45, s. 22
- 2004, c. 25, s. 108
Marginal note:Records and reports
82 Every licensed grain dealer shall maintain such records of his business as a grain dealer and make such reports to the Commission in respect of that business as may be prescribed.
- 1970-71-72, c. 7, s. 68
82.1 [Repealed, 2012, c. 31, s. 377]
Grain Handling Generally
Marginal note:Contracts to be made only by licensees
(a) act on behalf of any other person in buying, selling or arranging for the weighing, inspection or grading of western grain, or
(b) make any contract for the purchase of western grain,
unless that person is a licensee or is employed by a licensee and acts only on behalf of his employer.
(2) Subject to this Act, a transaction referred to in subsection (1) may be entered into by a person who is not a licensee where the transaction is
(a) a contract for the purchase of grain without reference to any grade name on terms whereby the consideration payable under the contract for the purchase of the grain is to be paid in full at the time of the making of the contract or the delivery of the grain;
(b) a contract for the purchase of grain whereby the grain is purchased by a producer of grain for use as seed in the producer’s farming operation;
(c) a contract for the purchase of grain whereby a person who raises livestock or poultry purchases the grain for feeding the livestock or poultry; or
(d) a contract made on the premises of a recognized grain exchange by or through a broker who is a member of the exchange and duly recorded pursuant to the rules of the exchange.
- R.S., 1985, c. G-10, s. 83
- 1994, c. 45, s. 24
- Date modified: