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Bill C-92

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42-43-44 ELIZABETH II

CHAPTER 31

An Act to amend the Canadian Wheat Board Act

[Assented to 13th July, 1995]

R.S., c. C-24; R.S., cc. 37, 38 (4th Supp.); 1988, c. 65; 1991, cc. 33, 46, 47; 1993, c. 44; 1994, cc. 39, 47

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. (1) Subsection 2(1) of the Canadian Wheat Board Act is amended by adding the following in alphabetical order:

``pooling point''
« point de mise en commun »

``pooling point'' means a place designated pursuant to subsection (5);

(2) Section 2 of the Act is amended by adding the following after subsection (4):

Designating pooling points

(5) The Governor in Council may, by regulation, designate any place in Canada as a pooling point for the purposes of this Act.

2. (1) Paragraph 32(1)(b) of the Act is replaced by the following:

    (b) pay to producers selling and delivering wheat produced in the designated area to the Board, at the time of delivery or at any time thereafter as may be agreed on, a sum certain per tonne basis in storage at a pooling point to be fixed from time to time

      (i) by regulation of the Governor in Council in respect of wheat of a base grade to be prescribed in those regulations, and

      (ii) by the Board, with the approval of the Governor in Council, in respect of each other grade of wheat;

    (b.1) deduct from the sum certain referred to in paragraph (b) the amount per tonne determined under subsection (2.1) for the delivery point of the wheat to the Board;

(2) Section 32 of the Act is amended by adding the following after subsection (2):

Freight adjustment

(2.1) For the purpose of paragraph (1)(b.1), the Board shall, with the approval of the Governor in Council, establish for each delivery point within the designated area an amount that, in the opinion of the Board, fairly represents the difference in the cost of transporting wheat from that point as compared to other delivery points.

3. Subsection 33(5) of the Act is replaced by the following:

Determina-
tion of amounts

(5) The Board shall, with the approval of the Governor in Council, determine and fix the amounts to which producers are entitled per tonne according to grade under certificates issued pursuant to this Part so that each producer receives, in respect of wheat sold and delivered to the Board during each crop year for the same grade of wheat, the same price basis at a pooling point and that each price bears a proper price relationship to the price for each other grade.

4. Subsection 47(2) of the Act is amended by adding the word ``and'' at the end of paragraph (b) and by repealing paragraph (c).

5. The definition ``initial payment'' in subsection 48(1) of the Act is replaced by the following:

``initial payment''
« acompte à la livraison »

``initial payment'' means the sum certain per tonne basis in storage at a pooling point payable pursuant to a marketing plan, at the time of delivery or at any time thereafter as may be agreed on, by the administrator of the plan to a producer participating in the plan for grain sold and delivered by the pro ducer to the administrator;

6. Subsection 62(2) of the Act is replaced by the following:

Default

(2) In case of default by a person described in subsection (1), the bank shall sell or dispose of the grain referred to in that subsection to the Board only, and the Board shall take delivery on the terms of the agreement from the bank in lieu of that person, and pay to the bank the Board's fixed carlot prices for such classes and grades of grain delivered at a pooling point or at such other delivery point as may be authorized by the Board, together with charges, allowances and costs provided for in the agreement, and the security thereupon ceases and the Board to that extent has clear title to that grain, and those payments are to that extent a complete fulfilment of the Board's obligations to that person in respect thereof as if those payments were made to that person.

7. Subsection 63(2) of the Act is replaced by the following:

Default

(2) In case of default by a person described in subsection (1), the bank shall sell or dispose of the grain referred to in that subsection to the Board only, and the Board shall take delivery from the bank in lieu of that person and pay to the bank the Board's price for that grain as fixed at the time of the making of the advance by the bank, delivered at a pooling point or at such other delivery point as may be authorized by the Board, together with charges, allowances and costs of transporting that grain to the delivery point, and the security thereupon ceases and the Board has a clear title to that grain.

8. Paragraphs 68(1)(a) to (c) of the Act are replaced by the following:

    (a) in respect of wheat, oats and barley, the sum certain basis in storage at a pooling point payable pursuant to subsection 32(1) for the wheat, oats or barley in relation to which the offence was committed;

    (b) in respect of rye, flaxseed and rapeseed, the price basis in storage at a pooling point paid for the rye, flaxseed or rapeseed in relation to which the offence was com mitted; and

    (c) notwithstanding paragraphs (a) and (b), in respect of any grain the marketing of which is subject to a marketing plan established under Part VI, the sum certain basis in storage at a pooling point payable pursuant to the marketing plan, at the time of delivery or at any time thereafter as may be agreed on, by the administrator of the plan to a producer participating in the plan for the grain in relation to which the offence was committed.

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