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)

Primary Elevators (continued)

Marginal note:Verification of weight

 The operator of a primary elevator shall afford to any person who delivers grain to the elevator full facilities to verify the correct weight of the grain while the grain is being weighed.

  • 1970-71-72, c. 7, s. 52

Marginal note:Compulsory removal of grain

  •  (1) Subject to subsection (2), the operator of a licensed primary elevator may, on at least ten 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:Restriction applicable to specially binned grain

    (2) Except with the written permission of the Commission, no operator of a licensed primary elevator shall, pursuant to subsection (1), require the holder of an elevator receipt for specially binned grain to take delivery of the grain.

  • Marginal note:Failure to take delivery

    (3) Where the holder of an elevator receipt issued by the operator of a licensed primary elevator fails to take delivery of the grain referred to in a notice given pursuant to subsection (1) within a period for taking delivery set out in the notice, whether or not the notice has been brought to the attention of the holder, and the holder or a subsequent holder later requests delivery of the grain referred to in the receipt, the operator of the elevator may, at the option of the operator, on surrender of the elevator receipt and payment of all charges accruing under this Act to the day on which the receipt is surrendered,

    • (a) deliver grain pursuant to the surrendered receipt;

    • (b) pay to the holder of the surrendered receipt the market price, on the day that the receipt is surrendered, for grain of the same kind, grade and quantity as the grain referred to in the receipt; or

    • (c) deliver to the holder of the surrendered receipt an elevator receipt issued by the operator of a licensed terminal elevator for grain of the same kind, grade and quantity as the grain referred to in the surrendered receipt.

  • Marginal note:Warning

    (4) Each elevator receipt issued by the operator of a licensed primary elevator shall bear the following warning:

    “WARNING: The right of the holder of this receipt to obtain delivery of the grain described in the receipt may be altered by the issuer by notice to the last holder known to the issuer. Every holder of a receipt should immediately notify the issuer of their name and address.

    AVERTISSEMENT : L’exploitant qui a délivré le récépissé peut, par avis au dernier détenteur connu, modifier le droit de celui-ci d’obtenir livraison du grain faisant l’objet du récépissé. Les nouveaux détenteurs doivent lui communiquer sans délai leurs nom et adresse.

  • R.S., 1985, c. G-10, s. 65
  • 1994, c. 45, s. 17
  • 2012, c. 31, s. 367

Marginal note:Waiver

  •  (1) The holder of an elevator receipt issued by the operator of a licensed primary elevator may, in writing in prescribed form on the receipt, waive the right to demand the delivery from the elevator of the grain referred to in the receipt.

  • Marginal note:Subsequent holders

    (2) The rights of subsequent holders of an elevator receipt referred to in subsection (1) are subject to a waiver given pursuant to that subsection.

  • 1970-71-72, c. 7, s. 54

Marginal note:Discharge of grain from primary elevator

  •  (1) Subject to section 86, the operator of a licensed primary elevator shall without delay discharge into a conveyance referred to in paragraph (b), to the extent of the conveyance’s capacity, the identical grain or grain of the same kind, grade and quantity that any elevator receipt issued by the operator requires if the holder of the receipt who is entitled to the delivery of grain referred to in that receipt

    • (a) may lawfully deliver the grain to a terminal elevator or process elevator or to a consignee at a destination other than an elevator; and

    • (b) has caused to be placed at the elevator, to transport the grain, a railway car or other conveyance that is capable of receiving grain discharged out of the elevator and to which the grain may lawfully be delivered.

  • Marginal note:Movement of grain forward

    (2) Forthwith on the loading of a conveyance at a licensed primary elevator pursuant to subsection (1), the operator of the elevator shall, if so requested by the holder of the elevator receipt for the grain so loaded,

    • (a) cause the conveyance to be billed to such elevator or consignee as the holder may have lawfully directed; and

    • (b) on surrender of the elevator receipt and payment of the charges accrued under this Act in respect of the grain, deliver the receipt of the consignee or such other receipt as may be prescribed to the person who surrendered the elevator receipt.

  • R.S., 1985, c. G-10, s. 67
  • 2012, c. 31, s. 368

Marginal note:Purchase of elevator receipt by operator

 Where an operator of a licensed primary elevator who has issued an elevator receipt for grain purchases the receipt, the operator shall issue to the holder of the receipt, on the surrender of the receipt, a cash purchase ticket for the purchase price.

  • 1970-71-72, c. 7, s. 56

 [Repealed, 2012, c. 31, s. 369]

Terminal Elevators

Marginal note:Receipt of grain

  •  (1) Subject to section 58 and any order made under subsection (2) or section 118, an operator of a licensed terminal 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, receive into the elevator all grain that is lawfully offered at the elevator, for which there is available storage accommodation of the type required by the person who offered the grain.

  • Marginal note:Orders respecting receipt of grain

    (2) The Commission may, by order, on any conditions that it may specify, authorize or require the operator of a licensed terminal elevator to receive grain that is lawfully offered for storage or transfer at the elevator otherwise than as required by subsection (1).

  • R.S., 1985, c. G-10, s. 69
  • 1998, c. 22, s. 25(F)
  • 2012, c. 31, s. 369

Marginal note:Weighing on receipt of grain

  •  (1) Subject to subsection (2), and unless exempted by regulation or by order of the Commission, an operator of a licensed terminal elevator shall weigh grain received into the elevator in a manner authorized by the Commission.

  • Marginal note:Weighing by third party

    (2) Unless exempted by regulation or by order of the Commission, an operator shall cause the grain to be weighed by a third party authorized by the Commission and chosen by the operator, if the person who caused the grain to be delivered so requests.

  • Marginal note:Weighing in manner authorized by Commission

    (3) The third party shall weigh the grain in a manner authorized by the Commission.

  • Marginal note:Access

    (4) The operator shall provide the third party with access to the operator’s premises to permit the third party to weigh the grain.

  • 2012, c. 31, s. 369

Marginal note:Failure to weigh

 If an operator of a licensed terminal elevator does not comply with subsection 69.1(1) or (2), the person who caused the grain to be delivered may, for the purpose of settling any transaction between that person and the operator in relation to the grain, rely on any record or document that states the weight of that grain before he or she caused it to be delivered.

  • 2012, c. 31, s. 369

Marginal note:Inspection by operator

  •  (1) Subject to subsection (2), and unless exempted by regulation or by order of the Commission, an operator of a licensed terminal elevator shall inspect the grain received into the elevator in a manner authorized by the Commission.

  • Marginal note:Inspection by third party

    (2) Unless exempted by regulation or by order of the Commission, the operator shall cause the grain to be inspected by a third party authorized by the Commission and chosen by the operator, if the person who caused the grain to be delivered so requests.

  • Marginal note:Third party authorized

    (3) The third party shall inspect the grain in a manner authorized by the Commission.

  • Marginal note:Access

    (4) The operator shall provide the third party with access to the operator’s premises to permit the third party to inspect the grain.

  • Marginal note:Disagreement — application for reinspection

    (5) If there is any disagreement following an inspection under this section between the operator and the person who caused the grain to be delivered as to the grain’s grade or the dockage, either of them may, in the prescribed manner and within the prescribed time, apply to the chief grain inspector for Canada for a reinspection of the grain. If an application is made, the operator shall forward all samples of grain taken as part of the inspection, or a prescribed portion of them, to the chief grain inspector for Canada within the prescribed time.

  • Marginal note:Reinspection

    (6) The chief grain inspector for Canada shall examine the samples of grain, or the portion of them, assign a grade to the grain and determine the dockage. The chief grain inspector for Canada shall provide the operator and the person who caused the grain to be delivered with a copy of his or her decision with respect to the grade and dockage.

  • Marginal note:Document revised if grade changed

    (7) If the grade assigned to the grain is different from the grade previously assigned to it, the chief grain inspector for Canada shall require all inspection certificates, and all other documents specified by the Commission, relating to the grain to be revised accordingly.

  • Marginal note:Application to entire parcel of grain

    (8) The decision of the chief grain inspector for Canada applies to the entire parcel of grain to which the samples relate.

  • Marginal note:Determination final

    (9) The decision of the chief grain inspector for Canada is final and conclusive and not subject to appeal to or review by any court.

  • Marginal note:Delegation

    (10) The chief grain inspector for Canada may delegate all or part of the duties and functions conferred on him or her under this section.

  • R.S., 1985, c. G-10, s. 70
  • 2012, c. 31, s. 369
 
Date modified: