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

Regulations are current to 2020-11-17 and last amended on 2020-07-01. Previous Versions

PART 5Elevators, Grain Dealers and Grain Handling (continued)

Dockage Determination on Receipt at Licensed Primary Elevator (continued)

 [Repealed, SOR/95-386, s. 6]

Subject to Inspector’s Grade and Dockage

  •  (1) If the operator of a licensed primary elevator and a person delivering grain to the elevator do not agree on the grade of the grain or the dockage in the grain, and an interim primary elevator receipt is issued, the operator, in the presence of the person delivering the grain, shall take a representative portion of at least 1 kg from the sample referred to in section 34 and shall

    • (a) put the representative portion in a container that is supplied by the operator or the person delivering the grain and that the operator and that person agree will maintain the integrity of the sample;

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

    • (c) mark the container “Subject to Inspector’s Grade and Dockage”; and

    • (d) forward the container to the nearest regional inspection office of the Commission, with all shipping charges prepaid, accompanied by a written request from the operator or the owner of the grain that an inspector examine the representative portion and report to the persons named in the request what grade and dockage the inspector would assign to the grain if the examination were an official inspection.

  • (2) On receipt of the representative portion, an inspector at the regional inspection office of the Commission shall examine it, determine its grade and dockage and transmit a copy of the determination to each person named in the request.

  • (3) Any person who has an interest in the grain and who is dissatisfied with the determination of the inspector may, within 15 days after the date of the examination, request the chief grain inspector for Canada to re-examine the representative portion.

  • (4) On receipt of the representative portion, the chief grain inspector for Canada shall examine it, determine its grade and dockage and transmit a copy of the determination to each person named in the request.

  • (5) The determination of the chief grain inspector for Canada is final.

  • (6) On receipt of the final determination, the operator of the elevator shall exchange the interim primary elevator receipt for the appropriate primary elevator receipt or cash purchase ticket indicating the grade and dockage assigned to the representative portion in accordance with this section.

  • (7) For greater certainty, in this section, “grade” includes the tough, damp, moist and wet grades established in the Off Grades of Grain and Grades of Screenings Order.

  • SOR/2000-213, s. 2
  • SOR/2002-255, s. 11
  • SOR/2003-284, s. 15
  • SOR/2004-198, s. 15
  • SOR/2008-314, s. 6
  • SOR/2013-111, s. 11

 [Repealed, SOR/2000-213, s. 2]

Identity Preservation of special Bin Grain

[SOR/2004-198, s. 16(E)]
  •  (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]

  • SOR/84-626, s. 8
  • SOR/89-376, ss. 14(F), 16(F)
  • SOR/95-386, s. 7
  • SOR/2000-213, s. 2
  • SOR/2002-255, s. 12
  • SOR/2003-284, s. 16
  • SOR/2004-198, s. 17
  • SOR/2008-314, s. 7

 [Repealed, SOR/2004-198, s. 18]

Drying of Grain at Licensed Primary Elevators

  •  (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.

  • SOR/2002-255, s. 12

Cleaning of Grain

  •  (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 in Form 7 of Schedule 4, 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.

  • SOR/79-543, s. 1
  • SOR/89-376, ss. 10(F), 14(F), 18(F)
  • SOR/96-508, s. 26
  • SOR/2000-213, s. 2
  • SOR/2003-284, s. 18
  • SOR/2004-198, s. 19

Shipment of Grain from a Licensed Primary Elevator

  •  (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.

  • SOR/89-376, ss. 11(F), 12(F), 14(F), 15(F), 18(F)
  • SOR/93-24, s. 4
  • SOR/96-508, ss. 27, 61(F)
  • SOR/2000-213, s. 2
  • SOR/2003-284, s. 19(F)

 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.

  • SOR/89-376, ss. 12(F), 14(F)
  • SOR/94-508, s. 1
  • SOR/95-336, s. 10(F)
  • SOR/96-508, ss. 28, 61(F)
  • SOR/2000-213, s. 2

 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.

  • SOR/89-376, ss. 10(F), 12(F), 14(F), 18(F)
  • SOR/89-395, s. 2(F)
  • SOR/93-24, s. 5
  • SOR/96-508, ss. 29, 61(F)
  • SOR/2000-213, s. 2
 
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