Feed Grain Transportation and Storage Assistance Regulations (C.R.C., c. 1027)

Short Title

1 These Regulations may be cited as the Feed Grain Transportation and Storage Assistance Regulations.

Interpretation

2 In these Regulations,

Act

Act means the Livestock Feed Assistance Act; (Loi)

Board

Board[Repealed, SOR/89-521, s. 2]

British Columbia

British Columbia[Repealed, SOR/89-521, s. 2]

livestock

livestock[Repealed, SOR/89-521, s. 2]

mixed feed oats

mixed feed oats means the grade of grain established under section 17 of the Off Grades of Grain and Grades of Screenings Order; (avoine à bétail mélangée)

No. 1 feed screenings

No. 1 feed screenings means the grade of screenings established under subsection 16(3) of the Off Grades of Grain and Grades of Screenings Order; (criblures de provende n^o 1)

Prairie Region

Prairie Region[Repealed, SOR/89-521, s. 2]

sample feed grain

sample feed grain means the grade of grain established under section 19 of the Off Grades of Grain and Grades of Screenings Order. (grain à bétail sur échantillon)

Western Canada

Western Canada[Repealed, SOR/80-846, s. 1]

Designations

3 Rye, grain corn, No. 1 feed screenings and sample feed grain are hereby designated as feed grain for the purposes of the Act.

4 All that area of Ontario lying west of the meridian passing through the eastern boundary of the former city of Port Arthur as it existed on December 31, 1969 is hereby designated as a part of Eastern Canada for the purposes of the Act.

5 All classes of animals, including birds and fish, that are raised for food, for agricultural purposes or for the purpose of fur production are hereby designated as livestock for the purposes of the Act.

Payments in Respect of Transportation

• 6 (1) Where a feed grain set out in the heading to column III of Schedule I, II or III is transported during the period beginning on January 1, 1993 and ending on March 31, 1993 to a destination set out in column II of an item of that Schedule in an area set out in column I of that item, the payment related to the cost of transportation of that feed grain shall be made by the Minister at the rate set out in column III of that item.

• (2) Where a feed grain set out in the heading to column III of Schedule I, II or III is transported after March 31, 1993 to a destination set out in column II of an item of that Schedule in an area set out in column I of that item, the payment related to the cost of transportation of that feed grain shall be made by the Minister at ninety per cent of the rate set out in column III of that item.

• (3) Notwithstanding subsection (2), where a feed grain set out in the heading to column III of Schedule IV is transported after January 31, 1994 to a destination set out in column II of an item of that Schedule in an area set out in column I of that item, the payment related to the cost of transportation of that feed grain shall be made by the Minister at the rate set out in column III of that item.

• (4) Notwithstanding subsection (2), where a feed grain set out in the heading to column III of Schedule V is transported after December 31, 1994 to a destination set out in column II of an item of that Schedule in an area set out in column I of that item, the payment related to the cost of transportation of that feed grain shall be made by the Minister at the rate set out in column III of that item.

• (5) Notwithstanding subsection (2), where a feed grain set out in the heading to column III of Schedule VI is transported after March 31, 1995 to a destination set out in column II of an item of that Schedule in an area set out in column I of that item, the payment related to the cost of transportation of that feed grain shall be made by the Minister at the rate set out in column III of that item.

• (6) Notwithstanding subsections (2) to (5), no payment related to the cost of transportation of a feed grain shall be made under these Regulations in respect of a feed grain transported after January 9, 1996.

• (7) No payment referred to in subsections (2) to (6) shall be made unless a request for the payment is received by the Minister before May 31, 1996.

• 7 (1) No payment related to the cost of transportation of feed grain by motor vehicle shall be made by the Minister unless

  • (a) the owner of the motor vehicle was the owner or wholesale seller of the feed grain transported therein; or

  • (b) the owner of the motor vehicle

    • (i) was a licensed common carrier, and

    • (ii) had issued a bill of lading that correctly set out the destination of the feed grain.

    • (iii) [Repealed, SOR/81-561, s. 1]

• (2) [Repealed, SOR/80-846, s. 3]

Payments in Respect of Storage

• 8 (1) Every payment related to the cost of feed grain storage in Eastern Canada shall be made by the Minister exclusively with respect to feed grain grown in Canada and stored in a vessel in Eastern Canada, except at the City of Thunder Bay.

• (2) The rate of payment related to the cost of feed grain storage referred to in subsection (1) is

  • (a) $2.95 per tonne for wheat;

  • (b) $5.20 per tonne for oats; and

  • (c) $3.69 per tonne for barley.

• (3) No payment related to the cost of feed grain storage in Eastern Canada shall be made by the Minister if the feed grain could be stored in another available storage facility.

Records

9 Every payment related to the cost of feed grain transportation or storage shall be made on the condition that the person who receives the payment

• (a) keeps books of account, records, bills of lading and invoices respecting the purchase and sale of feed grain;

• (b) retains all such books of account, records, bills of lading and invoices for six years after they are established; and

• (c) makes all such books of account, records, bills of lading and invoices available for inspection and audit by an authorized representative of the Minister during normal business hours.

Conditions of Payment

• 10 (1) Subject to subsection (2), every payment related to the cost of feed grain transportation shall be made on the condition that the feed grain has been or will be fed to livestock at the destination in the area in respect of which the payment is made.

• (2) Where

  • (a) feed grain has been or will be fed to livestock at a destination in an area other than the destination in the area in respect of which the payment referred to in subsection (1) is made, and

  • (b) the cost of transportation to the first-mentioned destination is less than the rate for the destination in respect of which that payment is made,

  the payment shall be considered to be an overpayment to the extent of the difference between the cost of transportation and that rate.

11 Every payment related to the cost of feed grain storage shall be made on the condition that the feed grain has been or will be fed to livestock in Eastern Canada.