Jobs and Growth Act, 2012 (S.C. 2012, c. 31)
Full Document:
Assented to 2012-12-14
353. Subparagraphs 14(1)(e)(i) and (ii) of the Act are replaced by the following:
(i) may request that a grain dealer or an operator of an elevator provide it with any sample of grain, grain products or screenings in their possession that the Commission specifies,
(ii) wherever appropriate, utilize technical, economic and statistical information and advice from any department or agency of the Government of Canada, and
(iii) maintain an efficient and adequately equipped laboratory;
354. Paragraph 20(2)(b) of the Act is repealed.
355. (1) Paragraph 27(1)(a) of the Act is replaced by the following:
(a) shall be used as the visual grading standard in the grading of western grain of that grade discharged from a terminal elevator or process elevator; and
(2) Paragraph 27(2)(a) of the Act is replaced by the following:
(a) shall be used as a visual grading guide in the grading of grain of that grade, other than western grain discharged from a terminal elevator or process elevator; and
356. Section 33 of the Act is replaced by the following:
Marginal note:Transmission of inspection certificate
33. An inspection certificate issued when grain is discharged from a terminal elevator shall be transmitted with the shipping documents relating to the grain.
Marginal note:1994, c. 45, s. 8; 2003, c. 22, par. 224(n)(E)
357. The heading before section 35 and sections 35 to 38 of the Act are repealed.
358. Section 39 of the Act is replaced by the following:
Marginal note:Right of appeal
39. (1) Any person who is dissatisfied with the grade assigned to grain on an official inspection may appeal the decision of the inspector in respect of any characteristics of the grain, by way of an application for reinspection of the grain, to the chief grain inspector for Canada.
Marginal note:Time for appeal
(2) Except with the Commission’s permission, no appeal lies under this section unless, within 15 days after the decision that is the subject of the appeal is made, notice of the appeal is given to the chief grain inspector for Canada.
Marginal note:R.S., c. 37 (4th Supp.), s. 15
359. Section 41 of the Act is replaced by the following:
Marginal note:Duties of chief grain inspector on appeal
41. (1) If an appeal is taken, the chief grain inspector for Canada shall
(a) inspect the grain to which the appeal relates or a sample of that grain;
(b) review the decision appealed;
(c) assign to the grain the grade that he or she considers to be the appropriate grade for the grain; and
(d) if a grade is assigned to the grain that is different from the grade previously assigned to it, require all inspection certificates, and all other documents specified by the Commission, relating to the grain to be revised accordingly.
Marginal note:Decision is final
(2) 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
(3) The chief grain inspector for Canada may delegate all or part of the duties and functions conferred on him or her under subsection (1).
360. Paragraph 42(c) of the Act is repealed.
Marginal note:1994, c. 45, s. 10; 2001, c. 4, s. 88(E)
361. Subsections 45(1) and (2) of the Act are replaced by the following:
Marginal note:Issue of licences — elevator operators and grain dealers
45. (1) If a person who proposes to operate an elevator or to carry on business as a grain dealer applies in writing to the Commission for a licence and the Commission is satisfied that the applicant and the elevator, if any, meet the requirements of this Act and any conditions that the Commission may specify, the Commission may issue to the applicant the licence of a class or subclass determined by the Commission to be appropriate to the type of operation of that elevator or the business of that grain dealer.
362. The Act is amended by adding the following after section 45:
Marginal note:Security
45.1 (1) Unless exempted by regulation or by order of the Commission, a licensee shall obtain any prescribed security for the purpose of covering the licensee’s potential obligations for the payment of money or the delivery of grain to holders of cash purchase tickets, elevator receipts or grain receipts issued under this Act and shall maintain that security for as long as they are a licensee.
Marginal note:Proof of security
(2) The licensee shall, on request, provide the Commission with proof of that security.
Marginal note:Agreements
45.2 The Commission may enter into agreements with third parties in respect of any prescribed security.
Marginal note:1994, c. 45, s. 10
363. (1) The portion of subsection 46(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Refusal to issue elevator licence
46. (1) The Commission may refuse to issue an elevator licence if the applicant has not obtained security as required by subsection 45.1(1) or fails to establish to the satisfaction of the Commission that
Marginal note:1994, c. 45, s. 10
(2) Subsection 46(2) of the Act is replaced by the following:
Marginal note:Refusal to issue grain dealer’s licence
(2) The Commission may refuse to issue a grain dealer’s licence if the applicant has not obtained security as required by subsection 45.1(1).
Marginal note:R.S., c. 37 (4th Supp.), s. 17(1); 1994, c. 45, s. 12; 1998, c. 22, s. 6(3) and par. 25(b)(F)
364. Section 49 of the Act is replaced by the following:
Marginal note:Additional security
49. (1) If the Commission has reason to believe that any security obtained by a licensee under this Act is not sufficient, the Commission may, by order, require the licensee to obtain, within any period that the Commission considers reasonable, any additional security that it considers is sufficient.
Marginal note:Limitation — prescribed percentage
(2) Despite any other provision of this Act, the Commission may prescribe by regulation the percentage of the value of a cash purchase ticket, an elevator receipt or a grain receipt that may be realized or enforced against security obtained by a licensee, and the security may be realized or enforced in relation to the cash purchase ticket, elevator receipt or grain receipt only to the extent of the prescribed percentage.
Marginal note:Interpretation — failure to meet payment obligations
(3) If the failure on the part of a licensee to meet the licensee’s payment obligations is a result of their giving to the producer a cash purchase ticket or other bill of exchange that the bank or other financial institution on which it is drawn subsequently refuses to honour, that failure occurs when the cash purchase ticket or other bill of exchange is given to the producer.
Marginal note:R.S., c. 37 (4th Supp.), s. 20(1)
365. (1) Subsection 54.1(1) of the Act is replaced by the following:
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:R.S., c. 37 (4th Supp.), s. 20(1)
(2) Subsection 54.1(3) of the Act is replaced by the following:
Marginal note:Warning
(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.”
Marginal note:1998, c. 22, par. 25(d)(F)
366. Subsection 62(4) of the Act is replaced by the following:
Marginal note:Restriction
(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.
367. Paragraph 65(3)(c) of the Act is replaced by the following:
(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.
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