Bill C-51
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42-43 ELIZABETH II |
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CHAPTER 45 |
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An Act to amend the Canada Grain Act and
respecting certain regulations made
pursuant to that Act
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[Assented to 15th December, 1994]
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| R.S., c. G-10;
R.S., cc. 31,
49 (1st
Supp.), c. 29
(3rd Supp.),
c. 37 (4th
Supp.); 1988,
c. 65
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CANADA GRAIN ACT |
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1. (1) The definition ``regulation'' in
section 2 of the Canada Grain Act is
repealed.
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(2) The definitions ``installation de
transbordement'', ``installation de
transformation'', ``installation primaire''
and ``installation terminale'' in section 2 of
the French version of the Act are repealed.
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(3) The definition ``contaminated'' in
section 2 of the Act is replaced by the
following:
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| ``contaminate
d'' « contaminé »
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``contaminated'' means, in respect of grain,
containing any substance in sufficient
quantity that the grain is unfit for
consumption by persons and animals or is
adulterated within the meaning of the
regulations made pursuant to paragraph
30(1)(a) of the Food and Drugs Act;
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| R.S., c. 37
(4th Supp.),
s. 1(1)
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(4) The definition ``grain'' in section 2 of
the French version of the Act is replaced by
the following:
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| « grain » ``grain''
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« grain » Les graines ou céréales désignées
comme tel par règlement.
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(5) Section 2 of the Act is amended by
adding the following in alphabetical order:
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| ``class'' « classe »
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``class'', in respect of grain, means any variety
or varieties of grain designated by order of
the Commission as a class for the purposes
of this Act;
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(6) Section 2 of the French version of the
Act is amended by adding the following in
alphabetical order:
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| « installation
de
transbordeme
nt » ou « silo
de
transbordeme
nt » ``transfer
elevator''
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« installation de transbordement » ou « silo de
transbordement »
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| « installation
de
transformatio
n » ou « silo
de
transformatio
n » ``process
elevator''
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« installation de transformation » ou « silo de
transformation » Silo destiné
principalement à la réception et au stockage
du grain en vue de sa préparation
industrielle ou de sa transformation.
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| « installation
primaire » ou
« silo
primaire »
``primary
elevator''
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« installation primaire » ou « silo primaire »
Silo destiné principalement à recevoir du
grain, directement des producteurs, pour
stockage ou expédition ou pour les deux.
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| « installation
terminale » ou
« silo
terminal »
``terminal
elevator''
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« installation terminale » ou « silo terminal »
Silo destiné principalement à recevoir du
grain, au moment de son inspection et de sa
pesée officielles ou par la suite, et à le
nettoyer, le stocker et le traiter avant
expédition.
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2. (1) Subsection 4(1) of the Act is
replaced by the following:
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| Chief
commissioner
and assistant
chief
commissioner
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4. (1) The Governor in Council shall
designate one of the commissioners to be chief
commissioner and another commissioner to
be assistant chief commissioner.
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(2) Section 4 of the Act is amended by
adding the following after subsection (2):
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| Powers of
assistant chief
commissioner
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(3) The assistant chief commissioner may
exercise all the powers and perform all the
functions of the chief commissioner in the
event of the absence or incapacity of the chief
commissioner or if the office of the chief
commissioner is vacant.
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3. Subsections 6(3) and (4) of the Act are
repealed.
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4. Section 12 of the Act is amended by
striking out the word ``and'' at the end of
paragraph (e), by adding the word ``and'' at
the end of paragraph (f) and by adding the
following after paragraph (f):
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| R.S., c. 37
(4th Supp.),
s. 5
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5. Subsection 16(1) of the Act is replaced
by the following:
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| Grades may
be established
by regulation
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16. (1) The Commission may, by
regulation, establish grades and grade names
for any kind of western grain and eastern grain
and establish the specifications for those
grades and set out a method or methods, visual
or otherwise, for determining the
characteristics of the grain for the purposes of
meeting the quality requirements of
purchasers of grain.
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6. Paragraph 22(a) of the Act is replaced
by the following:
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7. Section 30 of the Act is renumbered as
subsection 30(1) and is amended by adding
the following:
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| Grading of
unofficial
samples
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(2) An inspector may, on application for
grading, grade unofficial samples of grain in
the prescribed manner.
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8. Paragraph 37(a) of the Act is replaced
by the following:
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9. The portion of section 43 of the Act
before paragraph (a) is replaced by the
following:
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| Subclasses of
licences
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43. The Commission may, with the
approval of the Governor in Council, make
regulations prescribing
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| R.S., c. 37
(4th Supp.),
s. 16
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10. Sections 45 to 47 of the Act are
replaced by the following:
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| Issue of
licences -
primary and
process
elevators and
grain dealers
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45. (1) Where a person who proposes to
operate a primary or process 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, the Commission may
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| Issue of
licences -
terminal and
transfer
elevators
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(2) Where a person who proposes to operate
a terminal or transfer elevator 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, the Commission may
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| Terms and
conditions of
licence
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(3) A licence issued pursuant to this section
shall be
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| Refusal to
issue elevator
licence
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46. (1) The Commission may refuse to issue
an elevator licence if the applicant has not
given the security fixed pursuant to section 45
or fails to establish to the satisfaction of the
Commission that
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| Refusal to
issue grain
dealer's
licence
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(2) The Commission may refuse to issue a
grain dealer's licence if the applicant has not
given the security fixed pursuant to section 45.
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| Refusal of
licence re
convictions
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(3) The Commission may refuse to issue a
licence if the applicant has been convicted of
an offence under this Act within the twelve
months immediately preceding the
application for the licence and the
Commission is satisfied that it would not be in
the public interest to issue a licence to the
applicant.
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| Interpretation
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(4) Nothing in this section shall be
construed as a limitation on the powers of the
Commission to issue or refuse to issue a
licence pursuant to any other provision of this
Act.
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11. Subsection 48(1) of the Act is replaced
by the following:
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| Consultation
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48. (1) The Commission shall, at the request
of an applicant for a licence, consult with the
applicant with regard to any conditions that
the Commission proposes to attach to the
licence pursuant to paragraph 45(3)(b).
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| R.S., c. 37
(4th Supp.),
s. 17(1)
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12. (1) Subsection 49(1) of the Act is
replaced by the following:
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| Additional
security
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49. (1) Where the Commission has reason to
believe and is of the opinion that any security
given by a licensee pursuant to this Act is not
sufficient, the Commission may, by order,
require the licensee to give, within such period
as the Commission considers reasonable, such
additional security as, in the opinion of the
Commission, is sufficient.
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| R.S., c. 37
(4th Supp.),
s. 17(1)
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(2) The portion of paragraph 49(2)(b) of
the Act before subparagraph (i) is replaced
by the following:
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| R.S., c. 37
(4th Supp.),
s. 17(1)
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(3) Subsections 49(2.1) and (3) of the Act
are replaced by the following:
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| Limitation -
primary or
process
elevator or
grain dealers
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(3) Notwithstanding subsection (2), a
security given by a licensee as a condition of
a licence to operate a primary or process
elevator or to carry on business as a grain
dealer may be realized or enforced in relation
to a cash purchase ticket, an elevator receipt or
a grain receipt only if
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| Limitation -
terminal and
transfer
elevator
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(4) Notwithstanding subsection (2), a
security given by a licensee as a condition of
a licence to operate a terminal or transfer
elevator may be realized or enforced in
relation to an elevator receipt only if the
holder of the receipt has given notice in
writing to the Commission within thirty days
after the failure or refusal of the licensee to
meet any of their delivery obligations to the
holder.
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| Limitation -
prescribed
percentage
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(5) Notwithstanding 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 given 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.
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| Interpretation
- failure to
meet payment
obligations
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(6) Where 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 cheque 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 cheque or
other bill of exchange is given to the producer.
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| Interpretation
- delivery
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(7) For the purposes of this section, delivery
to a licensed grain dealer occurs on the earliest
of
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| Insurance
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(8) The Commission may require an
applicant for or the holder of a primary
elevator licence, a terminal elevator licence or
a transfer elevator licence to obtain insurance,
in accordance with the regulations, against
loss of or damage to the grain stored in the
elevator.
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13. The Act is amended by adding the
following after section 49:
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| Restrictions
- no liability
for improper
delivery of
grain
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49.1 (1) The Commission is not liable to a
producer who has delivered grain
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| Restrictions
- no liability
for
insufficient
security
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(2) The Commission is not liable if a
licensee fails to provide sufficient security to
ensure that the licensee meets their
obligations to pay money or to deliver grain to
a holder of a cash purchase ticket, elevator
receipt or grain receipt.
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| R.S., c. 37
(4th Supp.),
s. 18
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14. Sections 50 and 51 of the Act are
replaced by the following:
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| Charges to be
filed
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50. (1) Each licensee who operates an
elevator shall, before the commencement of
each crop year, file with the Commission a
schedule of the charges to be made at the
licensed elevator in the crop year for each
service to be performed under their licence.
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| Amendment
of charges
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(2) A licensee who operates an elevator
may, during a crop year, file with the
Commission an amended schedule of charges
for services to be performed under the licence
in that crop year.
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| Condition
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(3) An amended schedule of charges is not
effective until it has been filed with the
Commission.
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| Charges that
may be made
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51. (1) No licensee who operates an
elevator shall charge or receive for any
services performed under the licence at that
elevator any sum greater than the lesser of
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