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

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

PART VIEnforcement and Enforcement Procedures (continued)

Prohibitions, Offences and Punishment (continued)

Marginal note:Prohibition respecting forms

 No person other than a licensee shall issue a cash purchase ticket, an elevator receipt or a grain receipt or any other document that so closely resembles one of them that confusion may be caused.

  • (2) [Repealed, R.S., 1985, c. 37 (4th Supp.), s. 26]

  • R.S., 1985, c. G-10, s. 103
  • R.S., 1985, c. 37 (4th Supp.), s. 26
  • 1994, c. 45, s. 32

Marginal note:Prohibitions respecting elevator operations

 No operator of a licensed elevator shall

  • (a) issue a cash purchase ticket acknowledging the purchase of any grain or an elevator receipt or other document purporting to acknowledge the receipt of any grain if the grain has not been purchased or received into the elevator;

  • (b) permit to be outstanding in respect of a quantity of grain in the elevator more than one cash purchase ticket or more than one elevator receipt or other document acknowledging receipt of the grain;

  • (c) except under the regulations or an order of the Commission, receive into or discharge from the elevator any grain, grain product or screenings that is infested or contaminated or that may reasonably be regarded as being infested or contaminated; or

  • (d) except with the permission of the Commission, mix with any grain in the elevator any material other than grain.

  • R.S., 1985, c. G-10, s. 104
  • 1998, c. 22, s. 25(F)

Marginal note:General prohibitions

 No person shall

  • (a) use any grade name established by or under this Act in dealing in, handling or describing any grain that does not possess the characteristics of grain of that grade;

  • (b) use any name, or name and number, so nearly resembling any grade name as to be calculated or likely to cause confusion with that grade name;

  • (c) offer for sale or storage or submit for official inspection grain that has been so treated, mixed or dealt with as to conceal its true characteristics; or

  • (d) except under the regulations or an order of the Commission, deliver to or receive from an elevator any grain, grain product or screenings that is infested or contaminated or that may reasonably be regarded as being infested or contaminated.

  • R.S., 1985, c. G-10, s. 105
  • 1998, c. 22, s. 25(F)

 [Repealed, 2011, c. 25, s. 31]

Marginal note:Fraudulent or false acts

 No person shall

  • (a) make such representation in respect of grain, or so handle grain, that the representation or handling might reasonably be regarded as being a misleading representation made for the purpose of obtaining the issuance of an incorrect inspection certificate;

  • (b) represent any grain inspection certificate or end-use certificate as relating to any grain other than grain to which it properly relates; or

  • (c) being the operator of an elevator or an inspector or a weigher,

    • (i) knowingly state an incorrect weight in respect of any grain delivered into or discharged from an elevator, or

    • (ii) knowingly take or claim excessive dockage from grain received into an elevator.

  • R.S., 1985, c. G-10, s. 106
  • 1988, c. 65, s. 130

Marginal note:Offence and punishment

  •  (1) Every operator of an elevator who contravenes or fails to comply with section 72 is guilty of an offence and

    • (a) if an individual, is liable

      • (i) on summary conviction, to a fine not exceeding nine thousand dollars or to imprisonment for a term not exceeding two years, or to both, or

      • (ii) on conviction on indictment, to a fine not exceeding eighteen thousand dollars or to imprisonment for a term not exceeding four years, or to both; or

    • (b) if a corporation, is liable

      • (i) on summary conviction, to a fine not exceeding thirty thousand dollars, or

      • (ii) on conviction on indictment, to a fine not exceeding sixty thousand dollars.

  • (1.1) [Repealed, 2011, c. 25, s. 32]

  • Marginal note:Idem

    (2) Every person who contravenes any provision of this Act, other than section 72, or of the regulations or any order of the Commission, other than an order for the payment of any money or apportionment of any loss, is guilty of an offence and

    • (a) if an individual, is liable

      • (i) on summary conviction, to a fine not exceeding six thousand dollars or to imprisonment for a term not exceeding one year, or to both, or

      • (ii) on conviction on indictment, to a fine not exceeding twelve thousand dollars or to imprisonment for a term not exceeding two years, or to both; or

    • (b) if a corporation, is liable

      • (i) on summary conviction, to a fine not exceeding nine thousand dollars, or

      • (ii) on conviction on indictment, to a fine not exceeding eighteen thousand dollars.

  • R.S., 1985, c. G-10, s. 107
  • R.S., 1985, c. 37 (4th Supp.), s. 27
  • 1988, c. 65, s. 131
  • 2011, c. 25, s. 32

Marginal note:Offence by manager, employee, agent or mandatary

  •  (1) Any manager of an elevator, or any other employee, or agent or mandatary, of the operator or licensee of an elevator, who does any act or thing directed to the commission of an offence under this Act by the operator or licensee of the elevator is a party to and guilty of the offence.

  • Marginal note:Party to offence

    (2) Any employee, or agent or mandatary, of a licensed grain dealer who does any act or thing directed to the commission of an offence under this Act by the licensed grain dealer is a party to and guilty of the offence.

  • R.S., 1985, c. G-10, s. 108
  • 2004, c. 25, s. 109(E)

Marginal note:Documentary evidence

 In any prosecution for an offence under this Act, a document purporting to have been signed by a commissioner or any officer or employee of the Commission in the course of the performance of his duties is evidence of the facts stated in the document without proof of the signature or of the official character of the person appearing to have signed the document.

  • 1970-71-72, c. 7, s. 91

Marginal note:Time for commencing proceedings

  •  (1) Any proceedings by way of summary conviction in respect of an offence under this Act may be instituted at any time within two years after the time when the subject-matter of the prosecution arose.

  • Marginal note:Trial of offences

    (2) A complaint or an information in respect of an offence under this Act may be heard, tried or determined by a court if the accused is resident or carrying on business within the territorial jurisdiction of that court although the matter of the complaint or information did not arise in that territorial jurisdiction.

  • 1970-71-72, c. 7, s. 92

PART VIIGeneral

Cash Purchase Tickets and Elevator Receipts

Marginal note:Transfer from holder to holder

  •  (1) A cash purchase ticket or elevator receipt in prescribed form entitling the holder named in that document to the payment of money or delivery of grain in accordance with the terms of the document, and the rights arising under the document, may be transferred from holder to holder by the endorsement and delivery of the document to the endorsee.

  • (2) [Repealed, 2012, c. 31, s. 385]

  • R.S., 1985, c. G-10, s. 111
  • 2012, c. 31, s. 385

Marginal note:Restriction on creation of charge, interest or right

 Despite anything in the Bank Act, no charge on or interest or right in grain referred to in an elevator receipt that affects the interest or right of the holder of the receipt may be created by the holder, or by the operator of a licensed elevator who issued the receipt, other than by the endorsement or delivery of the receipt to the person in whose favour the charge, interest or right is created.

  • R.S., 1985, c. G-10, s. 112
  • 2004, c. 25, s. 110
 
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