Bill C-619
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3rd Session, 40th Parliament,
59-60 Elizabeth II, 2010-2011
house of commons of canada
BILL C-619
An Act to amend the Canadian Wheat Board Act (notice of opting out and licence for activities)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. C-24
CANADIAN WHEAT BOARD ACT
1. Section 24 of the Canadian Wheat Board Act is amended by adding the following after subsection (1):
Exception
(1.1) Despite subsection (1), a person may deliver wheat or wheat products to an elevator if the producer of the wheat or wheat products has been granted a licence under subsection 45(3), and any manager or operator thereof shall receive delivery of the wheat or wheat products.
2. Section 25 of the Act is amended by adding the following after subsection (1):
Exception
(1.1) Despite subsection (1), a person may deliver wheat or wheat products to a railway car that has not previously been delivered to an elevator under a permit book in accordance with subsection 24(1) if the producer of the wheat or wheat products has been granted a licence under subsection 45(3).
3. (1) The portion of section 45 of the Act before paragraph (a) is replaced by the following:
Trading in wheat or wheat products
45. (1) Except as permitted under the regulations and subsection (2), no person other than the Corporation shall
(2) Section 45 of the Act is amended by adding the following after subsection (1):
Prior notice and opting out
(2) Despite subsection (1), a person may carry out the activities referred to in paragraphs (1)(a) to (d) in relation to wheat or wheat products for a crop year and for subsequent crop years provided that the producer of the wheat or wheat products has given prior notice to the Corporation, during the period beginning on January 1 and ending on April 1 of a calendar year, of his or her intent to opt out of having the activities referred to in paragraphs (1)(a) to (d) carried out by the Corporation.
Licence
(3) The Corporation shall grant a licence free of charge to a producer in respect of the activities referred to in paragraphs (1)(a) to (d) if the producer has given notice under subsection (2).
Term of licence
(4) A licence granted under subsection (3) shall be valid for two crop years or such longer period as is indicated in the notice referred to in subsection (2).
No other licences required
(5) For greater certainty, the person referred to in subsection (2) is not subject to any licensing requirements set out in section 46.
Notice of opting back in
(6) A producer who has given notice under subsection (2) may cease to carry out the activities referred to in paragraphs (1)(a) to (d), which activities shall then be carried out by the Corporation, provided that the producer gives notice to the Corporation, during the period beginning on January 1 and ending on April 1 of the third or subsequent calendar year after giving the notice under subsection (2), that he or she does not intend to carry out those activities.
4. (1) Paragraph 47.1(b) of the Act is replaced by the following:
(b) the producers of the grain, other than any producers referred to in subsection 45(2), have voted in favour of the exclusion or extension, the voting process having been determined by the Minister.
(2) Section 47.1 of the Act is renumbered as subsection 47.1(1) and is amended by adding the following:
For greater certainty
(2) For greater certainty, the Minister’s obligation under subsection (1) applies to any bill that would exclude wheat or barley based on the classification of the grain or on the region of Canada in which it was grown.
COMING INTO FORCE
Coming into force
5. Sections 1 to 3 of this Act come into force 90 days after the day on which it receives royal assent.
Published under authority of the Speaker of the House of Commons
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