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

Regulations are current to 2020-09-09 and last amended on 2020-07-01. Previous Versions

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

Elevator Receipts — Right of Redelivery

  •  (1) [Repealed, SOR/2003-284, s. 20]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

  • SOR/89-376, ss. 11(F), 14(F), 15(F), 18(F)
  • SOR/89-395, s. 2(F)
  • SOR/93-24, s. 6
  • SOR/96-508, s. 30
  • SOR/2000-213, s. 2
  • SOR/2003-284, s. 20

Receipt of Grain into a Licensed Process Elevator

[SOR/2001-273, s. 15]

 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 in Form 1 or Form 6 of Schedule 4, as appropriate.

  • SOR/89-376, s. 14(F)
  • SOR/96-508, s. 31
  • SOR/2000-213, s. 2
  • SOR/2003-284, s. 21

Receipt of Grain by a Licensed Grain Dealer

  •  (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 in Form 1 or Form 6 of Schedule 4, as appropriate.

  • SOR/2000-213, s. 2
  • SOR/2001-273, s. 16
  • SOR/2002-255, s. 13
  • SOR/2003-284, s. 22
  • SOR/2006-206, s. 4

 [Repealed, SOR/2003-284, s. 23]

Direct Hit Shipments

 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.

  • SOR/89-376, ss. 10(F), 11(F), 14(F), 18(F), 20(F)
  • SOR/93-24, s. 7
  • SOR/96-508, s. 33
  • SOR/2000-213, s. 2
  • SOR/2002-255, s. 14
  • SOR/2004-198, s. 20
  • SOR/2005-361, s. 7
  • SOR/2013-111, s. 12

Receipt and Discharge of Grain from Licensed Terminal Elevators

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

  • (a) it is eastern grain;

  • (b) it is imported grain; or

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

  • SOR/2010-55, s. 1
  • SOR/2013-111, s. 12
  • SOR/2020-63, s. 2

 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.

  • SOR/2013-111, s. 12

Dockage Determination at Licensed Terminal Elevator

 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%.

  • SOR/89-376, ss. 14(F), 18(F)
  • SOR/96-508, s. 37
  • SOR/2000-213, s. 2
  • SOR/2002-255, s. 15
  • SOR/2003-284, s. 24
  • SOR/2005-361, s. 8
  • SOR/2006-206, s. 5
  • SOR/2010-55, s. 2
  • SOR/2013-111, s. 12

Reinspection by the Chief Grain Inspector for Canada

  •  (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.

  • SOR/89-393, s. 4
  • SOR/96-508, s. 38
  • SOR/2000-213, s. 2
  • SOR/2004-198, s. 22
  • SOR/2013-111, s. 12

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

 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.

  • SOR/2013-111, s. 12

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

 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.

  • SOR/2013-111, s. 12

Discharge of Grain Containing Dockage

[SOR/2005-361, s. 9]

 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.

  • SOR/2000-213, s. 2
  • SOR/2004-198, s. 24
  • SOR/2013-111, s. 13

 [Repealed, SOR/2002-255, s. 16]

 [Repealed, SOR/2004-198, s. 25]

 [Repealed, SOR/2005-217, s. 2]

Special Binning

 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 in the form set out in Form 15 of Schedule 4,

    • (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.

  • SOR/84-626, s. 11
  • SOR/89-376, s. 14(F)
  • SOR/96-508, s. 39
  • SOR/2000-213, s. 2
  • SOR/2003-284, s. 26
  • SOR/2004-198, s. 27
  • SOR/2013-111, s. 14
 
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