PART IIILicences and Licensees (continued)
Charges by Licensees (continued)
Marginal note:Payment before delivery
54 Nothing in this Act requires a licensee, on a request for the delivery of grain by the holder of an elevator receipt, to deliver the grain referred to in the receipt to the holder unless the receipt has been surrendered and all charges accrued under this Act have been paid.
- R.S., 1985, c. G-10, s. 54
- R.S., 1985, c. 37 (4th Supp.), s. 20
Marginal note:Recovery of charges
54.1 (1) If an elevator receipt issued by the licensee of a terminal elevator has been outstanding for more than one year and any charges accruing under the receipt have accrued for more than one year and are unpaid, the licensee, with the Commission’s written permission, after giving any notice of sale to the last known holder of the receipt that may be specified by the Commission, may, on any terms and conditions that may be specified in writing by the Commission, sell the grain referred to in the receipt or grain of the same kind, grade and quantity to recover the charges.
Marginal note:Obligation of licensee after sale
(2) Where the licensee of an elevator sells grain under subsection (1), the licensee 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 licensee 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.
(3) Each elevator receipt issued by the licensee of a terminal elevator shall bear the following warning:
“WARNING: If the charges accruing under this receipt have been unpaid for more than one year, the grain may be sold, in which case the holder is entitled to receive, on surrender of this receipt, only the money received for the grain less those charges and the costs of sale.
AVERTISSEMENT : En cas de non-paiement, pendant plus d’un an, des droits exigibles aux termes d’un récépissé, le grain peut être vendu, le détenteur du récépissé n’ayant droit par la suite, sur remise de ce document, qu’au produit de la vente, déduction faite de ces droits et des frais exposés pour la vente.”
- R.S., 1985, c. 37 (4th Supp.), s. 20
- 2012, c. 31, s. 365
PART IVElevators and Grain Dealers and the Handling of Grain by Licensees and Other Persons
Marginal note:Works for the general advantage of Canada
55 (1) All elevators in Canada heretofore or hereafter constructed, except elevators referred to in subsection (2) or (3), are and each of them is hereby declared to be a work or works for the general advantage of Canada.
Marginal note:Other works
(1.1) Every flour mill, feed mill, feed warehouse and seed cleaning mill is a work for the general advantage of Canada.
(2) and (3) [Repealed before coming into force, 2008, c. 20, s. 3]
- R.S., 1985, c. G-10, s. 55
- 2008, c. 20, s. 3
- 2011, c. 25, s. 59
Marginal note:Facilities, equipment and maintenance
56 (1) A licensee operating an elevator shall install in it such equipment, provide such facilities and maintain the equipment and structure of the elevator in such condition as may be prescribed in respect of elevators of that type or required by order of the Commission in respect of that elevator to ensure, as may be applicable, the efficient and accurate weighing, sampling, inspection, grading, drying, cleaning and accommodation of all grain, grain products and screenings received into or discharged from the elevator.
(2) Notwithstanding subsection (1), no operator of a primary elevator shall be required pursuant to that subsection to install cleaning or drying equipment.
- R.S., 1985, c. G-10, s. 56
- 1998, c. 22, s. 11
Marginal note:Prohibited receipt into elevators
57 Except as may be authorized by regulation or by order of the Commission, no licensee operating an elevator shall receive into the elevator
(a) any grain, grain product or screenings unless the grain, grain product or screenings is weighed at the elevator immediately before or during receipt;
(b) any material or substance for storage other than grain, grain products or screenings; or
(c) [Repealed, 2005, c. 24, s. 1]
(d) any grain that the operator has reason to believe is infested or contaminated.
- R.S., 1985, c. G-10, s. 57
- 1998, c. 22, s. 12
- 2005, c. 24, s. 1
Marginal note:Grain out of condition
58 Except as required by order of the Commission, no operator of a licensed elevator is required to receive into the elevator any grain that has gone or is likely to go out of condition.
- 1970-71-72, c. 7, s. 46
Marginal note:Operator to exercise care and diligence
59 The operator of a licensed elevator shall exercise reasonable care and diligence to prevent any grain in the elevator from suffering damage or from deteriorating or going out of condition.
- 1970-71-72, c. 7, s. 47
Marginal note:Receipt of grain
60 Subject to section 58 and any order made under section 118, the operator of every licensed primary elevator shall, at all reasonable hours on each day on which the elevator is open, without discrimination and in the order in which grain arrives and is lawfully offered at the elevator, receive into the elevator all grain so lawfully offered for which there is, in the elevator, available storage accommodation of the type required by the person by whom the grain is offered.
- R.S., 1985, c. G-10, s. 60
- 1998, c. 22, s. 25(F)
Marginal note:Procedure on receipt of grain
61 Where grain is lawfully offered at a licensed primary elevator for sale or storage, other than for special binning,
(a) if the producer and the operator of the elevator agree as to the grade of the grain and the dockage, the operator 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 forthwith provide the producer with the cash purchase ticket or elevator receipt; and
(b) if the producer and the operator of the elevator do not agree as to the grade of the grain or the dockage, the operator shall
(i) take a sample of the grain in the manner prescribed,
(ii) deal with the sample in the manner prescribed,
(iii) issue an interim elevator receipt in the prescribed form, and
(iv) on receipt of a report from the Commission assigning a grade in respect of the sample and determining the dockage, 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 and the dockage so determined, and forthwith provide the producer with the cash purchase ticket or elevator receipt.
- R.S., 1985, c. G-10, s. 61
- 1994, c. 45, s. 16
Marginal note:Receipts for specially binned grain
62 (1) Where grain is lawfully offered at a licensed primary elevator for special binning and the operator of the elevator agrees to specially bin the grain, the operator shall specially bin the grain offered and issue an elevator receipt in prescribed form indicating special binning.
Marginal note:Samples of grain to be specially binned
(2) On the receipt at a licensed primary elevator of grain to be specially binned, the operator of the elevator shall, in the manner prescribed, take a sample of the grain and deal with the sample.
(3) Where a dispute arises between the holder of an elevator receipt indicating special binning and the operator of a licensed primary elevator in relation to the special binning, the Commission may, after affording any interested person a full and ample opportunity to be heard, examine the sample of the grain taken pursuant to subsection (2) and, if it determines that the identity of the grain has not been preserved in the elevator, make such order for payment or for the delivery of grain or both as it deems just.
(4) No order shall be made under subsection (3) unless written notice of the dispute has been received by the Commission within 30 days after the delivery of the grain that is the subject of the dispute to a terminal elevator or process elevator.
- R.S., 1985, c. G-10, s. 62
- 1998, c. 22, s. 25(F)
- 2012, c. 31, s. 366
Marginal note:Requested treatment of grain
(a) a person lawfully offers grain for storage at a licensed primary elevator equipped to treat the grain in a particular manner and requests that the grain be treated in that manner before the type of storage or the grade of the grain or both are determined, and
(b) the operator of the elevator agrees to receive the grain or is required by this Act or an order of the Commission to receive the grain,
the operator shall, in such manner as may be prescribed, weigh, handle and treat the grain as requested and shall issue an elevator receipt for the grain.
- R.S., 1985, c. G-10, s. 63
- 1998, c. 22, s. 25(F)
- Date modified: