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 VIIGeneral (continued)

Cash Purchase Tickets and Elevator Receipts (continued)

 [Repealed, 2012, c. 31, s. 386]

 [Repealed, 2012, c. 31, s. 386]

Regulations and Orders

Marginal note:Orders of the Governor in Council

 The Governor in Council may, by order,

  • (a) where the Governor in Council considers it necessary in the public interest to do so, require a railway company to supply railway cars for the carriage of grain and place them at any point at which the railway company supplies a service;

  • (b) despite anything in this Act, authorize and direct any minister of the Crown or any agency of the Government of Canada to exercise the powers in respect of the allocation of available railway cars contained in any provision of this Act, other than paragraph (a);

  • (c) direct that any allocation of railway cars be guided by the principle that the producer or producers should have the right to select such elevator as the producer or producers may choose or to load directly;

  • (d) direct that any grade established under this Act be assigned only to grain being officially inspected on discharge from a terminal elevator;

  • (e) vary the period of a crop year to another period of not less than three hundred and sixty-five days;

  • (f) direct the Commission as to the manner in which any of its operations, powers and duties shall be conducted, exercised or performed; and

  • (g) provide for any other matter necessary to give effect to this Act.

  • R.S., 1985, c. G-10, s. 115
  • R.S., 1985, c. 37 (4th Supp.), s. 28(E)
  • 2011, c. 25, s. 33
  • 2012, c. 31, s. 387

Marginal note:Regulations

  •  (1) The Commission may, with the approval of the Governor in Council, make regulations

    • (a) designating any seed as a grain for the purposes of this Act;

    • (b) prohibiting for any period of time or regulating the delivery of grain to elevators, the discharge of grain from elevators, the handling and treating of grain in elevators and the shipping of grain to or from elevators for the purpose of ensuring the orderly movement of grain;

    • (b.1) governing the handling and treatment of grain in elevators;

    • (c) prescribing, in respect of samples of grain, the circumstances and manner in which they may be taken;

    • (d) specifying the procedure to be followed by the parties to any contract for special binning for the purpose of ensuring the preservation of the identity of specially binned grain;

    • (e) prescribing the returns to be made for dockage;

    • (e.1) determining what constitutes a hazardous substance and governing the use, handling and storage of hazardous substances by licensed elevator operators;

    • (f) fixing the maximum shrinkage allowance that may be made on the delivery of grain to an elevator;

    • (g) governing the sale of grain by sample;

    • (h) respecting the receipt, inspection, handling and storage at elevators of foreign grain and prescribing the period of time that foreign grain may remain in storage at any elevator;

    • (i) prescribing the procedure to be followed on appeals as to grades of grain;

    • (j) specifying the information required to be furnished by applicants for licences, including information relating to the applicant’s finan- cial situation, and the conditions on which licences may be issued;

    • (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;

    • (l) prescribing any records to be kept by a licensee, the reports to be made by a licensee, the system of transmission or communication of those reports and the times the reports are to be made;

    • (m) fixing, or prescribing the manner for determining, the maximum charges for services to be made by licensees under this Act and prescribing the manner in which those charges are to be published;

    • (n) prescribing the form of cash purchase tickets and elevator receipts and prescribing other forms to be used pursuant to this Act and the manner in which those forms are to be used, transmitted and related to each other;

    • (o) prescribing the use of any system of keeping and issuing cash purchase tickets and elevator receipts;

    • (p) requiring licensees to submit to the Commission such information relating to the conduct and management of their affairs as the regulations may specify;

    • (q) respecting the circumstances and manner in which inspection certificates are to be cancelled;

    • (r) fixing, or prescribing the manner for determining, the fees for any service performed by or on behalf of the Commission and the fees for any licence issued by the Commission and prescribing the time and manner of payment of those fees;

    • (s) specifying the standards to be complied with in the construction, alteration and maintenance of any elevator and the installation and maintenance of any equipment therein;

    • (s.1) governing the disposal of contaminated grain;

    • (s.2) respecting provisions to be included in specified classes of contracts relating to grain, including provisions respecting compensation or penalties for breaches of those provisions;

    • (s.3) respecting arbitration for the purposes of section 92.1, including rules of procedure, eligibility requirements for requests for arbitration, the qualifications required of third parties to act as arbitrators, the rules of confidentiality and the reporting of decisions;

    • (t) prescribing any matter that under this Act is to be prescribed; and

    • (u) generally for carrying into effect the purposes and provisions of this Act.

  • Marginal note:Forms and systems other than prescribed

    (2) The Commission may, in writing, permit a licensee to use any form or any system of keeping or issuing cash purchase tickets, elevator receipts or any other document designated by the Commission in addition to or in place of a prescribed form or system.

  • Marginal note:Storage premises

    (3) The Commission may, by regulation made with the approval of the Governor in Council, establish a list of premises in the Eastern Division used either in whole or in part for the storage of grain.

  • R.S., 1985, c. G-10, s. 116
  • R.S., 1985, c. 37 (4th Supp.), s. 29
  • 1994, c. 45, s. 33
  • 1998, c. 22, s. 24
  • 2001, c. 4, s. 89(E)
  • 2012, c. 31, s. 388
  • 2014, c. 8, s. 5

Marginal note:Exemption from requirements of Act and regulations

 Where, in the opinion of the Commission, the control of any type of elevator or type of grain handling operation or any particular elevator or grain handling operation is not essential for maintaining the quality, safe-keeping and orderly and efficient handling of grain in Canada, the Commission may,

  • (a) by regulation made with the approval of the Governor in Council, exempt that type of elevator or operation from the licensing or any other requirements of this Act or the regulations, or

  • (b) by order, exempt that particular elevator or operation from the licensing or any other requirements of this Act or the regulations,

on such conditions and for such period as may be set out in the regulation or order.

  • R.S., 1985, c. G-10, s. 117
  • 1994, c. 45, s. 34
  • 1998, c. 22, s. 25(F)

Marginal note:Orders of the Commission

 The Commission may make orders

  • (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;

  • (b) providing for the supervision of the disposition of grain contained in any elevator on the suspension or revocation of the licence issued in respect of the elevator;

  • (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;

  • (c) requiring or authorizing the operator of an elevator to receive into the elevator and store or treat, in such manner as the Commission considers appropriate, grain that has gone or is likely to go out of condition;

  • (d) seizing infested or contaminated grain or requiring the operator of an elevator to treat or dispose of infested or contaminated grain in a manner approved by the Commission;

  • (e) for the purpose of ensuring the orderly movement of grain, fixing the maximum quantity of grain of any kind and grade that may be stored in any elevator at any time;

  • (f) providing for the equitable apportionment, among shippers, of elevator storage space in licensed terminal elevators;

  • (g) providing for the acceptance of deliveries of grain in the interests of producers; and

  • (g.1) [Repealed, 2011, c. 25, s. 34]

  • (h) constituting directives to the trade.

  • R.S., 1985, c. G-10, s. 118
  • 1998, c. 17, s. 32, c. 22, s. 25(F)
  • 2011, c. 25, s. 34
  • 2012, c. 31, s. 389
 
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