Bill C-72

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

PDF

	18.1 The Act is amended by adding the following after section 33:
Early payment	33.01 (1) The Corporation may, in accordance with this section, pay to holders of certificates issued by the Corporation pursuant to this Part, an amount instead of the amount that would be distributed under paragraph 32(1)(c) or section 33.
Possible gains	(2) Any gains of the Corporation that may result from the operation of this section may be credited to the contingency fund.
Losses	(3) Any losses of the Corporation that result from making payments under subsection (1) are paid out of the contingency fund established under paragraph 6(1)(c.3).
	19. (1) Paragraph 37(1)(c) of the Act is replaced by the following:
	(c) prescribe the conditions for and the manner of negotiating a certificate issued pursuant to this Part.
	(2) Subsection 37(2) of the Act is repealed.
	20. Sections 38 and 39 of the Act are replaced by the following:
Transfer of wheat from one pool period to subsequent pool period	38. The Corporation may adjust its accounts at any time by transferring to the then current pool period all wheat delivered during a preceding pool period and then remaining unsold, and the Corporation shall credit to the accounts for that preceding pool period, and charge against the accounts for the current pool period, such amount as the Corporation considers to be a reasonable price for the wheat so transferred, and all wheat so transferred shall
	(a) for the purposes of the accounts relating to that preceding pool period, be deemed to have been sold and paid for in full for that amount; and
	(b) in the accounts relating to the current pool period, be dealt with as though it had been sold and delivered to the Corporation in the current pool period and purchased by the Corporation for that amount, but no further certificates in respect thereof shall be issued under paragraph 32(1)(d).
Transfer of undistributed balances	39. (1) Where producers of any grain sold and delivered during a pool period have been for six years or more entitled to receive from the Corporation payments in respect thereof under certificates issued pursuant to this Act or out of an equalization fund, or otherwise, and there is an undistributed balance remaining in the accounts of the Corporation in respect of that grain, the Corporation may
	(a) adjust its accounts
	(i) by applying the undistributed balance in payment of the expenses of distribution of the balance mentioned in subsection 33(2) with respect to the same kind of grain in any earlier pool period, and
	(ii) by transferring the remainder of the undistributed balance to a separate account; and
	(b) pay to the persons who are entitled to receive payments in respect of that grain the amount to which they are entitled out of the separate account.
How transferred balances to be used	(2) Any balance transferred to the separate account pursuant to subparagraph (1)(a)(ii), other than such part thereof as is required for the payments referred to in paragraph (1)(b), shall be used for such purposes as the Corporation may consider to be for the benefit of producers.
	Cash Purchases of Wheat
Powers of the Corporation	39.1 Notwithstanding sections 32 to 39, the Corporation may enter into a contract with a producer or any other person or entity for the purchase and delivery of wheat or wheat products at a price other than the sum certain per tonne for wheat as set out in section 32, and on such terms and conditions as the Corporation considers appropriate.
	21. The heading of Part IV of the French version of the Act is replaced by the following:
	RÉGLEMENTATION DU COMMERCE INTERPROVINCIAL ET DE L'EXPORTATION DU BLÉ
	22. Section 45 of the Act is renumbered as subsection 45(1) and is amended by adding the following:
Exclusion	(2) On the recommendation of the Minister, the Governor in Council may, by order, exclude any kind, type, class or grade of wheat, or wheat produced in any area in Canada, from the provisions of this Part either in whole or in part, or generally, or for any period.
Recommen- dation of the Minister	(3) The Minister shall not make the recommendation referred to in subsection (2) unless
	(a) the exclusion is recommended by the board; and
	(b) a procedure approved by the Canadian Grain Commission as acceptable for preserving the identity of excluded grain, so as to prevent co-mingling with other grain, is in place.
Significant kind, type, class or grade	(4) Where, in the opinion of the board, the kind, type, class or grade of wheat is significant, the Minister shall not make a recommendation referred to in paragraph (3)(a) unless a vote in favour of exclusion by producers has been held in a manner determined by the Minister.
	23. (1) Paragraph 46(b) of the Act is repealed.
	(2) Section 46 of the Act is amended by adding the following after paragraph (c):
	(c.1) granting permission to transport wheat or barley that is not described by a grade name or by reference to a sample taken pursuant to the Canada Grain Act, or any wheat products or barley products, under any circumstances or conditions that may be prescribed by regulation;
	(c.2) granting permission to transport, sell or buy, in Canada, feed grain, as that term is defined in the regulations, or wheat products or barley products for consumption by livestock or poultry, under any circumstances or conditions that may be prescribed by regulation;
	24. The Act is amended by adding the following after section 61:
	Implementation of the North American Free Trade Agreement
Giving effect to the Agreement	61.1 (1) In exercising its powers and performing its duties, the Corporation shall give effect to those provisions of the Agreement that pertain to the Corporation.
Regulations	(2) The Governor in Council may, on the recommendation of the Treasury Board and the Minister made at the request of the Corporation, make such regulations in relation to the Corporation as the Governor in Council considers necessary for the purpose of implementing any provision of the Agreement that pertains to the Corporation.
Definition	(3) In subsections (1) and (2), ``Agreement'' has the same meaning as in subsection 2(1) of the North American Free Trade Agreement Implementation Act.
	25. The English version of the Act is amended by replacing the word ``Board'' with the word ``Corporation'' except in references to ``Canadian Wheat Board''.
	26. The Act is amended by replacing the expression ``member of the Board'' with the word ``director'', with such modifications as the circumstances require, in the following provisions:
	(a) subsection 10(1);
	(b) subsection 11(1); and
	(c) section 70.
	27. The French version of the Act is amended by replacing the word ``ordonnance'' with the word ``arrêté'', with such modifications as the circumstances require, in the following provisions:
	(a) subsections 20(1) and (2);
	(b) subsection 27(2);
	(c) the portion of section 28 before paragraph (a);
	(d) subsection 66(1); and
	(e) section 70.
	CONSEQUENTIAL AMENDMENTS
R.S., c. F-11	Financial Administration Act
1993, c. 1, s. 9	*28. Subsection 85(1) of the Financial Administration Act* is replaced by the following:**
Exempted Crown corporations	85. (1) Divisions I to IV do not apply to the Bank of Canada, the Canada Council, the Canadian Broadcasting Corporation, the Canadian Film Development Corporation, the International Development Research Centre or the National Arts Centre Corporation.
R.S., c. G-10	Canada Grain Act
	*29. (1) Paragraph 118(g) of the French version of the Canada Grain Act* is replaced by the following:**
	g) sous réserve des arrêtés pris en application de la Loi sur la Commission canadienne du blé, pourvoir à l'acceptation des livraisons de grain dans l'intérêt des producteurs;
	(2) Section 118 of the Act is amended by striking out the word ``and'' at the end of paragraph (g) and by adding the following after paragraph (g):
	(g.1) approving a procedure as acceptable for preserving the identity of excluded grain, so as to prevent co-mingling with other grain, for the purposes of paragraph 45(3)(b) of the Canadian Wheat Board Act; and
	CONDITIONAL AMENDMENT
Bill C-34	30. If Bill C-34, introduced in the second session of the thirty-fifth Parliament and entitled An Act to establish programs for the marketing of agricultural products, to repeal the Agricultural Products Board Act, the Agricultural Products Cooperative Marketing Act, the Advance Payments for Crops Act and the Prairie Grain Advance Payments Act and to make consequential amendments to other Acts, is assented to, then, on the later of the day on which subsection 3(1) of the Canadian Wheat Board Act, as enacted by section 3 of this Act, comes into force and the day on which that Bill is assented to, the definition ``Board'' in subsection 2(1) of the Agricultural Marketing Programs Act is replaced by the following:
``Board'' « Commis- sion »	``Board'' means The Canadian Wheat Board continued by section 3 of the Canadian Wheat Board Act.
	TRANSITIONAL PROVISION
Termination of Commissioner appointments	31. On the coming into force of section 3 of the Canadian Wheat Board Act, as amended by section 3 of this Act, appointments of commissioners made pursuant to section 3 of that Act, as it read before the coming into force of section 3 of this Act, are terminated.
	COMING INTO FORCE
Coming into force	32. (1) Subject to this section, this Act or any of its provisions or any provisions enacted by this Act come into force on a day or days to be fixed by order of the Governor in Council.
Election of majority of directors	(1.1) Subsection 3.6(1) of the Canadian Wheat Board Act, as enacted by section 3 of this Act, comes into force on the earlier of December 31, 1998 and the day fixed by order of the Governor in Council.
Status of the Corporation	(2) Sections 4, 11, 24 and 28 of this Act, subsections 3.3(1) and 3.91(1) of the Canadian Wheat Board Act, as enacted by section 3 of this Act, and paragraphs 6(1)(c) and (c.01) of the Canadian Wheat Board Act, as enacted by subsection 6(2) of this Act, come into force on the date referred to in section 3.8 of the Canadian Wheat Board Act, as enacted by section 3 of this Act.
Chairperson	(2.1) On the date referred to in section 3.8 of the Canadian Wheat Board Act, as enacted by section 3 of this Act, section 3.4 of the Canadian Wheat Board Act, as enacted by section 3 of this Act, is replaced by the following:
Chairperson	3.4 (1) The board shall designate one director to be the chairperson and may fix the remuneration of the chairperson.
Duties	(2) The chairperson shall perform the duties conferred on the chairperson by the by-laws, shall call and preside at meetings of the board and shall determine the agenda at those meetings.
Absence or incapacity	(3) If the chairperson is absent or unable to act, the board may designate one of the directors to act as chairperson.
Sufficiency of contingency fund	(3) The date fixed pursuant to subsection (1) for the coming into force of the following provisions shall not be earlier than the date referred to in subsection 6(3) of the Canadian Wheat Board Act, as enacted by subsection 6(3) of this Act:
	(a) section 7 of this Act;
	*(b) paragraph 32(1)(b) of the Canadian Wheat Board Act, as enacted by subsection 17(1) of this Act;*
	(c) subsections 33(1.1), (3), (4) and (5) of the Canadian Wheat Board Act, as enacted by subsection 18(4) of this Act; and
	*(d) sections 38 and 39 of the Canadian Wheat Board Act, as enacted by section 20 of this Act.*
Abolition of Advisory Committee	(4) The date fixed pursuant to subsection (1) for the coming into force of section 9 of this Act shall not be earlier than December 31, 1998 and its fixing is subject to the recommendation of the Minister.
Commis- sioners and members of the Advisory Committee	(5) The date fixed pursuant to subsection (1) for the coming into force of subparagraph 33(1)(a)(i) of the Canadian Wheat Board Act, as enacted by subsection 18(2) of this Act, shall not be earlier than the date of the coming into force of section 3 of this Act and of section 9 of this Act.
New governance	(6) Subparagraphs 33(1)(a)(i.1) and (i.2) of the Canadian Wheat Board Act, as enacted by subsection 18(2) of this Act, and sections 25 and 26 of this Act, come into force on the coming into force of section 3 of this Act.
Cost of election of Advisory Committee	(7) Subsection 18(3) of this Act comes into force on the coming into force of section 9 of this Act.