Canada Grain Act (R.S.C., 1985, c. G-10)

Full Document:  

Act current to 2019-06-20 and last amended on 2017-01-01. Previous Versions

PART IVElevators and Grain Dealers and the Handling of Grain by Licensees and Other Persons (continued)

Deductions

Marginal note:Deductions

  •  (1) Any person required to issue a cash purchase ticket under this Act shall deduct from the amount payable under the ticket the prescribed amount per tonne of wheat or barley grown in the Western Division, and shall remit that amount to the prescribed agency.

  • Marginal note:Option

    (2) A person entitled to a cash purchase ticket may, unless the regulations provide for the payment of refunds, opt out of the payment of deductions under subsection (1).

  • Marginal note:Distribution by agency

    (3) A prescribed agency may use any amount it receives under subsection (1) for the purposes of

    • (a) research activities into new and improved grain varieties;

    • (b) the promotion of the marketing and use of grain grown in Canada;

    • (c) technical assistance relating to the use of grain grown in Canada; and

    • (d) covering the administrative costs that it incurs in applying this section.

  • 2011, c. 25, s. 27

Marginal note:Power to make regulations

  •  (1) The Governor in Council may make regulations

    • (a) prescribing the amount to be deducted per tonne under section 83.1;

    • (b) prescribing an agency to which amounts are to be remitted under section 83.1;

    • (c) providing exemptions from the deduction under section 83.1;

    • (d) governing the opting out of the payment of deductions or providing for refunds of amounts deducted under section 83.1;

    • (e) requiring a person making a deduction under section 83.1 or the prescribed agency to report on its activities under that section; and

    • (f) respecting any other matter relating to the administration of section 83.1.

  • Marginal note:Distinctions

    (2) Regulations made under subsection (1) may distinguish on the basis of type, class or grade of grain, or region where the grain was produced.

  • 2011, c. 25, s. 27

Marginal note:Ceasing to have effect

 Sections 83.1 and 83.2 cease to have effect five years after the day on which this section comes into force.

  • 2011, c. 25, s. 27

PART VCarriage of Grain

General

Marginal note:Transport, except by public carrier, restricted

 Except with the written permission of the Commission or in accordance with prescribed terms and conditions, no person, other than a public carrier, shall transport or cause to be transported any grain

  • (a) from the Western Division to the Eastern Division or from the Eastern Division to the Western Division; or

  • (b) into or out of Canada.

  • R.S., 1985, c. G-10, s. 84
  • 1994, c. 45, s. 25

Marginal note:Inspection of conveyances

  •  (1) An inspector

    • (a) may, at any time, require a public carrier to hold a conveyance of the public carrier containing grain, grain products or screenings at an inspection point for inspection or official inspection of the grain, grain products or screenings; and

    • (b) shall, within twenty-four hours of requiring the public carrier to hold the conveyance, inspect or officially inspect the grain, grain products or screenings.

  • Marginal note:Time for inspection

    (2) A public carrier who is required to hold a conveyance at an inspection point pursuant to subsection (1)

    • (a) shall hold the conveyance at the inspection point until after the inspection or official inspection or the expiration of twenty-four hours from the time when the carrier is so required to hold the conveyance, whichever occurs first; and

    • (b) may then move the conveyance forward.

  • Marginal note:Inspection of conveyances

    (3) An inspector

    • (a) may, at any reasonable time, inspect any conveyance that has been placed at any elevator to receive grain; and

    • (b) where the inspector believes on reasonable grounds that any prescribed condition exists in the conveyance to such extent that the conveyance is not in fit condition to receive grain, shall direct that grain not be discharged into the conveyance until the condition has been corrected.

  • R.S., 1985, c. G-10, s. 85
  • 1994, c. 45, s. 26

Marginal note:Discharge of grain into unfit conveyance prohibited

 No person shall discharge any grain out of an elevator into a conveyance and no public carrier or other person shall permit the discharge of any grain out of an elevator into any conveyance owned or operated by him, where

  • (a) the person or public carrier has reason to believe that any prescribed condition exists in the conveyance to such extent that the conveyance is not in fit condition to receive grain; or

  • (b) an inspector has directed, pursuant to subsection 85(3), that grain not be discharged into the conveyance.

  • 1970-71-72, c. 7, s. 70

Producer Railway Cars

Marginal note:Application for railway cars

  •  (1) One or more producers of grain, but not more than the number that the Commission may designate by order, may apply in writing to the Commission, in the prescribed form, for a railway car to receive and carry grain to a terminal elevator or process elevator or to a consignee at a destination other than an elevator, if they have grain in sufficient quantity to fill a railway car and if it may be lawfully delivered to a railway company for carriage to those elevators or other consignee.

  • Marginal note:Allocation of cars

    (2) The Commission shall, in each week, allocate to applications made by producers of grain pursuant to subsection (1), in the order in which the applications are received, available railway cars that enter each shipping control area in that week up to such number or percentage of the available cars entering the area in that week and under such terms and conditions as the Commission may order.

  • R.S., 1985, c. G-10, s. 87
  • 1994, c. 45, s. 27(F)
  • 1998, c. 22, s. 25(F)
  • 2012, c. 31, s. 378

 [Repealed, 2011, c. 25, s. 28]

 [Repealed, 2011, c. 25, s. 28]

 [Repealed, 2011, c. 25, s. 28]

PART VIEnforcement and Enforcement Procedures

Inspection and Seizure

Marginal note:Inspection

  •  (1) Subject to subsection (1.1), an inspector may, at any reasonable time, enter any elevator, any premises of the licensee of an elevator or any premises of a licensed grain dealer in which the inspector has reasonable grounds to believe there is any grain, grain product or screenings owned or possessed by the licensee or any books, records or other documents relating to the operation of the elevator or the business of the grain dealer and may

    • (a) examine the premises and any equipment, grain, grain products and screenings found in the premises;

    • (a.1) take samples of the grain, grain products or screenings; and

    • (b) examine any books, records, bills of lading and other documents that, on reasonable grounds, the inspector believes contain any information relevant to verifying compliance with this Act and make copies of them or take extracts from them.

  • Marginal note:Warrant required to enter dwelling-house

    (1.1) Where any premises referred to in subsection (1) is a dwelling-house, an inspector may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (1.2).

  • Marginal note:Authority to issue warrant

    (1.2) Where on ex parte application a justice of the peace is satisfied by information on oath

    • (a) that the conditions for entry described in subsection (1) exist in relation to a dwelling-house,

    • (b) that entry to the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, and

    • (c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused,

    the justice of the peace may issue a warrant under his hand authorizing the inspector named therein to enter that dwelling-house subject to such conditions as may be specified in the warrant.

  • Marginal note:Use of force

    (1.3) In executing a warrant issued under subsection (1.2), the inspector named therein shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

  • Marginal note:Certificate to be produced

    (2) An inspector shall be furnished with a certificate of his designation as an inspector and, on entering any elevator or premises referred to in subsection (1), shall, if so required, produce the certificate to the person in charge thereof.

  • Marginal note:Assistance to inspectors

    (3) The licensee or person in charge of any elevator or premises entered by an inspector pursuant to subsection (1) and every person found therein shall give the inspector all reasonable assistance to enable the inspector to carry out his duties and functions under this Act and shall furnish the inspector with any information he may reasonably require with respect to the administration of this Act and the regulations.

  • R.S., 1985, c. G-10, s. 88
  • R.S., 1985, c. 31 (1st Supp.), s. 13
  • 1988, c. 65, s. 126
  • 1998, c. 22, s. 17
  • 2011, c. 25, s. 29
  • 2012, c. 31, s. 379
 
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