Canada Grain Regulations (C.R.C., c. 889)

36.1 [Repealed, SOR/2000-213, s. 2]

Identity Preservation of special Bin Grain

• 37 (1) If 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 and person delivering the grain shall

  • (a) put a sample of the grain in a container that is of a type acceptable to the Commission, that will maintain the integrity of the sample and that is supplied by the operator or the person delivering the grain;

  • (b) identify the container with the name of the owner of the grain and with the special bin primary elevator receipt number; and

  • (c) mark the container “Special Bin”.

• (2) The person delivering the grain to the elevator shall secure the container by means of a lock or seal.

• (3) The operator shall keep the container in a locked storage cabinet or storeroom at the elevator, for not less than 30 days.

• (4) to (7) [Repealed, SOR/2004-198, s. 17]

38 [Repealed, SOR/2004-198, s. 18]

Drying of Grain at Licensed Primary Elevators

• 38.1 (1) Subject to these Regulations, the operator of a licensed primary elevator may dry tough, damp, moist or wet grain at the elevator in accordance with orders of the Commission.

• (2) The operator of a licensed primary elevator shall issue an elevator grain drying receipt in a form supplied by the Commission or accepted by the Commission for each load of grain containing excessive moisture delivered to the elevator for artificial drying.

• (3) The holder of the drying receipt may surrender the receipt to the operator and take from the operator any other appropriate receipts that the circumstances require or take delivery of the grain.

Cleaning of Grain

• 39 (1) If, in accordance with section 63 of the Act, grain is lawfully offered for storage at a licensed primary elevator and a request is made that it be cleaned, the elevator receipt that is required to be issued under that section shall be a combined primary elevator receipt set out in accordance with the document entitled Combined Primary Elevator Receipt, published by the Commission, as amended from time to time, and endorsed as follows:

  “To be cleaned before being shipped or settled for.”

• (2) The holder of the elevator receipt shall surrender it after the grain is cleaned, and the operator of the licensed primary elevator shall then issue the appropriate primary elevator receipt or cash purchase ticket for the grain, adjusted to the grade and quantity of the grain after cleaning.

• (3) If grain that is delivered for cleaning is returned to the owner of the grain, the operator of the licensed primary elevator shall issue a cleaning receipt for the grain, in a form acceptable to the Commission.

Shipment of Grain from a Licensed Primary Elevator

• 40 (1) The operator of a licensed primary elevator shall issue all shipping bills for grain shipped from the elevator and shall notify of each shipment any persons that the holder of a primary elevator receipt directs.

• (2) If grain is shipped from a licensed primary elevator, the operator of the elevator shall, on request from the holder of the primary elevator receipts in respect of the grain, give the holder particulars as to the grain shipped.

• (3) If a conveyance is supplied at a licensed primary elevator on the application of any person other than the operator of the elevator, the operator shall not load into that conveyance any grain other than

  • (a) in the case of specially binned grain, grain offered by that person; or

  • (b) in the case of grain other than specially binned grain,

    • (i) grain offered by that person, or

    • (ii) grain that is of the same kind, grade and quantity as the grain referred to in the elevator receipts surrendered by that person.

41 The operator of a licensed primary elevator

• (a) shall, on request by the Commission, produce elevator receipts or bills of lading for all grain that has been shipped from the elevator for which primary elevator receipts are outstanding; and

• (b) shall not assign, mortgage, pledge or hypothecate any grain stored in the elevator for which primary elevator receipts are outstanding.

42 If the operator of a licensed primary elevator requires the holder of a primary elevator receipt to take delivery of the grain in accordance with section 65 of the Act, the operator shall

• (a) deliver to the holder of the primary elevator receipt in person, or send by registered mail to the holder’s latest known address, a notice that

  • (i) identifies the receipt issued in respect of the grain,

  • (ii) makes the demand that the grain be removed from the elevator, and

  • (iii) shows the final date on which the holder may take delivery of the grain; and

• (b) forward to the Commission a duplicate copy of the notice.

Elevator Receipts — Right of Redelivery

• 43 (1) [Repealed, SOR/2003-284, s. 20]

• (2) The holder of a primary elevator receipt who waives the right to demand delivery from the operator of the elevator of the grain referred to in the receipt shall sign the following waiver set out on the receipt:

  “I hereby waive the right to demand delivery of the grain described in this receipt from the operator of the elevator.”

Receipt of Grain into a Licensed Process Elevator

44 A grain receipt or a cash purchase ticket that is required by subsection 78(2) of the Act to be issued by the operator of a licensed process elevator on the receipt of grain from a producer into the elevator shall be issued on delivery of the grain by the producer and shall be set out in accordance with the document entitled Grain Receipt or Cash Purchase Ticket, as appropriate, published by the Commission, as amended from time to time.

Receipt of Grain by a Licensed Grain Dealer

• 45 (1) For the purpose of this section, delivery of grain to an agent or mandatary of a licensed grain dealer is considered to be delivery to the licensed grain dealer.

• (2) A grain receipt or a cash purchase ticket that is required by subsection 81(1) of the Act to be issued by a licensed grain dealer shall be issued on receipt of western grain delivered by a producer or on being entitled to western grain delivered to an elevator by a producer, and shall be set out in accordance with the document entitled Grain Receipt or Cash Purchase Ticket, as appropriate, published by the Commission, as amended from time to time.

46 [Repealed, SOR/2003-284, s. 23]

Direct Hit Shipments

47 The operator of a licensed terminal elevator may receive grain without causing it to be inspected and weighed and without issuing an elevator receipt for it if the grain is transferred directly from a railway car or other conveyance to a ship and is officially inspected and weighed on transfer to the ship.

Receipt and Discharge of Grain from Licensed Terminal Elevators

48 The operator of a licensed terminal elevator may receive grain without causing it to be inspected or weighed if

• (a) it is eastern grain that was not delivered to the elevator by or on behalf of a producer;

• (b) it is imported grain; or

• (c) it is western grain that has been previously inspected and weighed at a licensed terminal elevator.

49 The operator of a licensed terminal elevator may discharge grain without causing it to be officially inspected and officially weighed if

• (a) it is for export to the United States; or

• (b) it is not for export.

Dockage Determination at Licensed Terminal Elevator

50 The operator of a licensed terminal elevator shall make an accurate determination of dockage of grain delivered at the elevator, computing the dockage to the nearest 0.1%.

Reinspection by the Chief Grain Inspector for Canada

• 51 (1) An application and a sample referred to in subsection 70(5) of the Act, for reinspection by the chief grain inspector for Canada, shall be forwarded to the chief grain inspector for Canada within five days after the date of the original inspection.

• (2) An application referred to in subsection (1) shall include

  • (a) the identification of the parcel of grain from which the sample was taken;

  • (b) the name and location of the licensed terminal elevator where the sample was taken;

  • (c) the date of the original inspection; and

  • (d) the grade and dockage assigned to the parcel of grain.

• (3) A sample of grain referred to in subsection (1) shall

  • (a) consist of at least 1 kg;

  • (b) be taken in such a manner as to ensure that it is an average and representative sample of the parcel of grain from which it is taken;

  • (c) be forwarded, with all shipping charges prepaid, in a container that will maintain the integrity of the sample;

  • (d) be accompanied by a form acceptable to the Commission that states the name and post office address of each person to whom the report respecting the grade and dockage of the sample is to be sent; and

  • (e) be identified on the form by a distinguishing number or mark that the shipper has not previously used in respect of any other sample during that crop year.

Sampling of Grain if not Inspected on Receipt at a Licensed Terminal Elevator

52 A sample referred to in subsection 70.1(2) of the Act shall

• (a) be taken on loading of the grain into a railcar;

• (b) consist of at least 1 kg;

• (c) be taken in such a manner as to ensure that it is an average and representative sample of the parcel of grain from which it is taken; and

• (d) be forwarded to the Commission, with all shipping charges prepaid, in a container that will maintain the integrity of the sample.

Sampling of Grain on Receipt from a Licensed Terminal Elevator where Grain is not Inspected

52.1 A sample referred to in subsection 70.4(2) of the Act shall

• (a) consist of at least 1 kg;

• (b) be taken in such a manner as to ensure that it is an average and representative sample of the parcel of grain from which it is taken; and

• (c) be forwarded to the Commission, with all shipping charges prepaid, in a container that will maintain the integrity of the sample.

Discharge of Grain Containing Dockage

53 If the operator of a licensed terminal elevator wishes to obtain the permission of the Commission under paragraph 75(b) of the Act to discharge from the elevator grain containing dockage, the operator shall make a written request to the Commission stating

• (a) the kind, grade and quantity of the grain;

• (b) the final destination of the grain; and

• (c) the reasons for the request.

54 [Repealed, SOR/2002-255, s. 16]

55 [Repealed, SOR/2004-198, s. 25]

56 [Repealed, SOR/2005-217, s. 2]

Special Binning

57 The operator of a licensed terminal elevator may specially bin any grain if either

• (a) the following conditions are met, namely,

  • (i) the operator and the person wishing to specially bin the grain enter into a special bin agreement set out in accordance with the document entitled Special Bin Agreement, published by the Commission, as amended from time to time,

  • (ii) all the grain is binned in accordance with the agreement,

  • (iii) not more than 30% of the total operating capacity of the elevator is contractually committed to special binning of grain, and

  • (iv) a copy of the agreement is filed by the operator with the Commission before the commencement date of the agreement; or

• (b) the grain is binned according to protein level.