Bill C-51

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

Royal Assent

PDF

Charge fixed includes charge determined	(2) The reference in paragraph (1)(a) to maximum charges fixed by the regulations includes a maximum charge determined pursuant to the regulations.
Temporary maximum charges	(3) Notwithstanding subsection (1), the Commission, on receiving a written complaint from an interested person with respect to the charge for a service provided by the operator of a licensed elevator, may, by order, after giving all interested persons an opportunity to be heard, fix the maximum charge or a manner for determining the maximum charge for that service.
Period of validity of order	(4) An order made under subsection (3) becomes effective on the day specified in the order, which day shall not be earlier than the day the Commission determines that the facts giving rise to the complaint occurred, and ceases to be effective at the end of the crop year in which the order is made or on such earlier day as is set out in the order for its expiration.
Cease to be in force	(5) Subsections (3) and (4) cease to be in force on July 31, 1996.
	15. Subsection 53(2) of the Act is replaced by the following:
Regulations - special maximum storage charge	(2) The Commission shall, with the approval of the Governor in Council, make regulations prescribing, with respect to a period referred to in subsection (1), a special maximum storage charge relating to any type of storage of grain, grain products or screenings in licensed elevators of any type that is lower than the maximum storage charge authorized to be charged for that storage pursuant to section 51 and, in so doing, the Commission may prescribe a different maximum storage charge with respect to any period within that period.
	16. Section 61 of the Act is replaced by the following:
Procedure on receipt of grain	61. Where grain is lawfully offered at a licensed primary elevator for sale or storage, other than for special binning,
	(a) if the producer and the operator of the elevator agree as to the grade of the grain and the dockage, the operator shall, at the prescribed time and in the prescribed manner, issue a cash purchase ticket or elevator receipt stating the grade name, grade and dockage of the grain, and forthwith provide the producer with the cash purchase ticket or elevator receipt; and
	(b) if the producer and the operator of the elevator do not agree as to the grade of the grain or the dockage, the operator shall
	(i) take a sample of the grain in the manner prescribed,
	(ii) deal with the sample in the manner prescribed,
	(iii) issue an interim elevator receipt in the prescribed form, and
	(iv) on receipt of a report from the Commission assigning a grade in respect of the sample and determining the dockage, issue, at the prescribed time and in the prescribed manner, a cash purchase ticket or elevator receipt stating the grade name of the grain, the grade assigned in respect of the sample and the dockage so determined, and forthwith provide the producer with the cash purchase ticket or elevator receipt.
	17. Subsection 65(4) of the Act is replaced by the following:
Warning	(4) Each elevator receipt issued by the operator of a licensed primary elevator shall bear the following warning:
	``WARNING: The right of the holder of this receipt to obtain delivery of the grain described in the receipt may be altered by the issuer by notice to the last holder known to the issuer. Every holder of a receipt should immediately notify the issuer of their name and address.
	AVERTISSEMENT : L'exploitant qui a délivré le récépissé peut, par avis au dernier détenteur connu, modifier le droit de celui-ci d'obtenir livraison du grain faisant l'objet du récépissé. Les nouveaux détenteurs doivent lui communiquer sans délai leurs nom et adresse.''
R.S., c. 37 (4th Supp.), s. 21(1)	18. The portion of section 68.1 of the Act before paragraph (a) is replaced by the following:
Surrender of elevator receipt by holder	68.1 An elevator receipt issued pursuant to section 61 or 62 entitles its holder to delivery of grain only if the elevator receipt is surrendered for the delivery of grain within such period as is prescribed and, where an elevator receipt is not surrendered within that period,
	19. Section 73 of the Act is replaced by the following:
Priority of claims	73. Subject to subsection 77(3), the holder of an elevator receipt issued in respect of grain in a licensed terminal elevator or licensed transfer elevator is entitled, in priority to all other claims affecting the grain, to the grain described in the receipt or to grain in the elevator of the same kind, grade and quantity as the grain described in the receipt.
R.S., c. 37 (4th Supp.), s. 22	20. Subsection 78(2) of the Act is replaced by the following:
Issuance of receipt or ticket	(2) On the receipt of grain from a producer into a licensed process elevator, the operator of the elevator shall, at the prescribed time and in the prescribed manner, issue a grain receipt or a cash purchase ticket stating the grade name, grade and dockage of the grain, and immediately provide the producer with the grain receipt or cash purchase ticket.
	21. The portion of section 79 of the Act before paragraph (a) is replaced by the following:
Weigh-overs at primary elevators	79. The operator of a licensed primary elevator shall, in such manner and at such intervals as may be prescribed,
R.S., c. 37 (4th Supp.), s. 24(1)	22. Subsection 81(1) of the Act is replaced by the following:
Requirement to issue grain receipt or cash purchase ticket	81. (1) With respect to the purchase of western grain from a producer of that grain, every licensed grain dealer shall, at the prescribed time and in the prescribed manner, issue a grain receipt or cash purchase ticket stating the grade name, grade and dockage of the grain, and immediately provide it to the producer.
R.S., c. 37 (4th Supp.), s. 25(1)	23. The portion of section 82.1 of the Act before paragraph (a) is replaced by the following:
Consequence of not surrendering grain receipt in prescribed time	82.1 Where a grain receipt issued by the operator of a licensed process elevator or by a licensed grain dealer is not surrendered for payment within such period as is prescribed,
	24. The portion of subsection 83(1) of the Act before paragraph (a) is replaced by the following:
Contracts to be made only by licensees	83. (1) No person in the Western Division shall, for reward, by way of a profit, commission or otherwise,
	25. Section 84 of the Act is replaced by the following:
Transport, except by public carrier, restricted	84. Except with the written permission of the Commission or in accordance with prescribed terms and conditions, no person, other than a public carrier, shall transport or cause to be transported any grain
	(a) from the Western Division to the Eastern Division or from the Eastern Division to the Western Division; or
	(b) into or out of Canada.
	26. Paragraph 85(2)(b) of the Act is replaced by the following:
	(b) may then move the conveyance forward.
	27. Subsection 87(2) of the French version of the Act is replaced by the following:
Affectation de wagons	(2) Chaque semaine, la Commission affecte, dans l'ordre des demandes reçues et selon les normes numériques et autres qu'elle ordonne, les wagons disponibles qui entrent, pendant cette période, dans chaque zone de contrôle d'expédition.
1988, c. 65, s. 125	28. Section 87.2 of the French version of the Act is replaced by the following:
Demande de renseignement s	87.2 Après le dépôt d'un certificat d'utilisation finale relatif au grain importé conformément aux règlements d'application de l'alinéa 46b.1) de la Loi sur la Commission canadienne du blé, d'une part, la personne qui a rempli le certificat transmet à la Commission, dans le délai réglementaire, les documents et renseignements réglementaires concernant la livraison du grain, d'autre part, la personne désignée comme consignataire dans le certificat transmet à la Commission, selon les modalités réglementaires de temps et de forme, les renseignements réglementaires concernant la consommation du grain.
	29. Subsection 90(1) of the Act is amended by striking out the word ``or'' at the end of paragraph (c), by adding the word ``or'' at the end of paragraph (d) and by adding the following after paragraph (d):
	(e) an overage at a primary elevator is in excess of a prescribed maximum amount,
	30. The portion of subsection 93(1) of the Act before paragraph (a) is replaced by the following:
Restriction of operations and suspension of licence	93. (1) Where, on receiving the report of an inspector pursuant to section 90 or on making an investigation pursuant to section 91, the Commission believes on reasonable grounds that an offence under this Act has been committed by a licensee of an elevator or by a licensed grain dealer or that a condition referred to in paragraph 90(1)(b), (c), (d) or (e) exists in a licensed elevator, the Commission may, by order,
	31. Section 102 of the Act is replaced by the following:
Prohibition respecting grade names	102. (1) No person shall, in the purchase or sale of grain, use a grade name established by or under this Act in any record or acknowledgement of the receipt or discharge of grain unless the person is licensed under this Act.
Exceptions	(2) Subsection (1) does not apply to a sale of grain by a producer who produced the grain.
	32. Subsection 103(1) of the Act is replaced by the following:
Prohibition respecting forms	103. No person other than a licensee shall issue a cash purchase ticket, an elevator receipt or a grain receipt or any other document that so closely resembles one of them that confusion may be caused.
	33. (1) Subsection 116(1) of the Act is amended by adding the following after paragraph (b):
	(b.1) governing the handling and treatment of grain in elevators;
	(2) Subsection 116(1) of the Act is amended by adding the following after paragraph (e):
	(e.1) determining what constitutes a hazardous substance and governing the use, handling and storage of hazardous substances by licensed elevator operators;
	(3) Paragraph 116(1)(j) of the Act is replaced by the following:
	(j) specifying the information required to be furnished by applicants for licences, including information relating to the applicant's financial situation, and the conditions on which licences may be issued;
	(4) Subsection 116(1) of the Act is amended by adding the following after paragraph (k):
	(k.1) prescribing the types and amounts of insurance that applicants for and holders of primary, transfer and terminal elevator licences must obtain;
	(5) Subsection 116(1) of the Act is amended by adding the following after paragraph (s):
	(s.1) governing the disposal of contaminated grain;
	(6) Subsection 116(2) of the Act is replaced by the following:
Forms and systems other than prescribed	(2) The Commission may, in writing, permit a licensee to use any form or any system of keeping or issuing cash purchase tickets, elevator receipts or any other document designated by the Commission in addition to or in place of a prescribed form or system.
R.S., c. 37 (4th Supp.), s. 29	(7) Subsection 116(3) of the Act is replaced by the following:
Storage premises	(3) The Commission may, by regulation made with the approval of the Governor in Council, establish a list of premises in the Eastern Division used either in whole or in part for the storage of grain.
	34. Paragraph 117(a) of the Act is replaced by the following:
	(a) by regulation made with the approval of the Governor in Council, exempt that type of elevator or operation from the licensing or any other requirements of this Act or the regulations, or
	TRANSITIONAL PROVISION
Regulations deemed to be approved by Governor in Council	35. (1) Each of the regulations set out in the schedule shall be deemed for all purposes to have been approved by the Governor in Council, pursuant to the Canada Grain Act, on the day on which they were made by the Canadian Grain Commission.
Orders, directions and documents	(2) Every order, direction and document made or issued before the day on which this section comes into force that contains a reference to any thing established by a regulation set out in the schedule shall be deemed for all purposes to have had the same force and effect as if the reference were to a thing established by a regulation made by the Canadian Grain Commission with the approval of the Governor in Council pursuant to the Canada Grain Act.
Actions taken	(3) Every action taken before the day on which this section comes into force, under the authority of any order, direction or document made or issued before the day on which this section comes into force that contains a reference to any thing established by a regulation set out in the schedule, shall be deemed for all purposes to have had the same force and effect as if it had been taken under the authority of an order, direction or document that contains a reference to a thing established by a regulation made by the Canadian Grain Commission with the approval of the Governor in Council pursuant to the Canada Grain Act.
Pending proceedings	(4) Any proceedings before a court of competent jurisdiction that were commenced before the day on which a bill entitled An Act to amend the Canada Grain Act and respecting certain regulations made pursuant to that Act is first introduced in Parliament and that were not finally disposed of before that day, in which the validity of any regulation referred to in subsection (1), any order, direction or document referred to in subsection (2) or any action referred to in subsection (3) is in issue, may be dealt with in all respects as if this section had not come into force, but no decision, order or judgment in any such proceedings shall operate to have effect so as to render invalid, otherwise than for the purposes of those proceedings, any of those regulations, orders, directions, documents or actions that would otherwise be valid.

Bill C-51

TRANSITIONAL PROVISION