Bill C-48

Canada Grain Act

Clause 2: Existing text of the heading:

INTERPRETATION

Clause 3: (1) Existing text of the definitions:

“elevator receipt” means a document in prescribed form issued in respect of grain delivered to an elevator acknowledging receipt of the grain and, subject to any conditions contained therein or in this Act, entitling the holder of the document

(a) to the delivery of grain of the same kind, grade and quantity as the grain referred to in the document, or

(b) in the case of a document issued for specially binned grain, to delivery of the identical grain;

“grain receipt” means a document in prescribed form issued in respect of grain delivered to a process elevator or grain dealer acknowledging receipt of the grain and entitling the holder of the document to payment by the operator of the elevator or the grain dealer for the grain;

(2) Existing text of the definitions:

“export standard sample” means, in respect of a grade of grain, a sample of grain of that grade designated by the Commission pursuant to paragraph 26(b);

“foreign grain” means any grain grown outside Canada and includes screenings from such a grain and every grain product manufactured or processed from such a grain;

“manager” means, in respect of an elevator, the chief executive officer employed at the elevator by the operator or licensee of the elevator;

“primary standard sample” means, in respect of a grade of grain, a sample of grain of that grade designated by the Commission pursuant to paragraph 26(a);

(3) Existing text of the definition:

“grade name” means the name, or name and number, assigned to any grade of grain established by or under this Act and includes any abbreviation prescribed for that grade name;

(4) Existing text of the definition:

“Minister” means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act;

(5) Existing text of the definitions:

“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;

“elevator” means

(a) any premises in the Western Division

(i) into which grain may be received or out of which grain may be discharged directly from or to railway cars or ships,

(ii) constructed for the purpose of handling and storing grain received directly from producers, otherwise than as a part of the farming operation of a particular producer, and into which grain may be received, at which grain may be weighed, elevated and stored and out of which grain may be discharged, or

(iii) constructed for the purpose of handling and storing grain as part of the operation of a flour mill, feed mill, seed cleaning plant, malt house, distillery, grain oil extraction plant or other grain processing plant, and into which grain may be received, at which grain may be weighed, elevated and stored and out of which grain may be discharged for processing or otherwise,

(b) any premises in the Eastern Division, situated along Lake Superior, Lake Huron, Lake St. Clair, Lake Erie, Lake Ontario or the canals or other navigable waters connecting those Lakes or the St. Lawrence River or any tidal waters, and into which grain may be received directly from railway cars or ships and out of which grain may be discharged directly to ships,

(c) the portion of any premises in the Eastern Division designated by regulation pursuant to subsection 116(3) that is used for the purpose of storing grain,

(d) any premises in the Eastern Division constructed for the purpose of handling and storing grain received directly from producers, otherwise than as a part of the farming operation of a particular producer, and into which grain may be received, at which grain may be weighed, elevated and stored and out of which grain may be discharged, and

(e) any premises in the Eastern Division constructed for the purpose of handling and storing grain as a part of the operation of a flour mill, feed mill, seed cleaning plant, malt house, distillery, grain oil extraction plant or other grain processing plant, and into which grain may be received, at which grain may be weighed, elevated and stored and out of which grain may be discharged for processing or otherwise,

including any such premises owned or operated by Her Majesty in right of Canada or a province or any agent thereof;

“grain dealer” means a person who, for reward, on his own behalf or on behalf of another person, deals in or handles western grain;

“official sample” means a sample taken from a parcel of grain by a person authorized by the Commission to take the sample or by any sampling device authorized by the Commission;

(6) Existing text of the definition:

“storage charge” means the charge made by the licensee of an elevator for maintaining in the elevator a stock of grain available for delivery on presentation of an elevator receipt entitling the holder to the delivery of grain in accordance with the receipt;

(7) New.

(8) New.

(9) New.

(10) New.

(11) New.

Clause 4: New.

Clause 5: Existing text of section 10:

10. Any officers and employees that are necessary for the proper conduct of the business of the Commission, including managers and employees employed at elevators constructed or acquired by Her Majesty in right of Canada and administered by the Commission under this Act, shall be appointed in the manner authorized by law.

Clause 6: (1) Relevant portion of section 12:

12. The Commission may make by-laws

...

(c) specifying the duties of officers, managers and employees appointed as described in section 10;

(2) New.

Clause 7: Existing text of section 13:

13. Subject to this Act and any directions to the Commission issued from time to time under this Act by the Governor in Council or the Minister, the Commission shall, in the interests of the grain producers, establish and maintain standards of quality for Canadian grain and regulate grain handling in Canada, to ensure a dependable commodity for domestic and export markets.

Clause 8: (1) Existing text of the heading:

Functions of the Commission

(2) Relevant portion of subsection 14(1):

14. (1) Subject to this Act, the Commission shall, in furtherance of its objects,

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(d) manage, operate and maintain every elevator constructed or acquired by Her Majesty in right of Canada, the administration of which is assigned by the Governor in Council to the Commission;

(e) undertake, sponsor and promote research in relation to grain and grain products and, in so doing,

(i) may request that a grain dealer or an operator of an elevator provide it with any sample of grain, grain products or screenings in their possession that the Commission specifies,

(ii) wherever appropriate, utilize technical, economic and statistical information and advice from any department or agency of the Government of Canada, and

(iii) maintain an efficient and adequately equipped laboratory;

(e.1) monitor compliance with end-use certificates provided pursuant to section 87.1; and

(3) Existing text of subsections 14(2) and (3):

(2) The Commission shall not, in operating any elevator as a primary elevator pursuant to paragraph (1)(d), purchase grain.

(3) The Commission may, by by-law, authorize any person to exercise or perform on the Commission’s behalf, subject to such restrictions or limitations as the Commission may specify, any of the powers, duties or functions of the Commission under this Act other than the power to make any regulation, order or by-law.

Clause 9: Existing text of the heading and section 15:

Report

15. The Commission shall during the month of February in each year submit to the Minister a report, in such form as the Minister may direct, on the activities of the Commission during the crop year immediately preceding and the Minister shall cause the report to be laid before Parliament within fifteen days after the receipt thereof or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting.

Clause 10: (1) Relevant portion of subsection 20(1):

20. (1) The Commission shall, by by-law, constitute a western grain standards committee and an eastern grain standards committee, in this Part referred to as the Western Standards Committee and the Eastern Standards Committee, for the purpose of

(a) recommending specifications for grades of grain and selecting and recommending primary standard samples and export standard samples of grain; and

(2) Relevant portion of subsection 20(2):

(2) The Commission shall, with the approval of the Minister, appoint to the Western Standards Committee

(3) Relevant portion of subsection 20(3):

(3) The Commission shall, with the approval of the Minister, appoint to the Eastern Standards Committee

(4) Existing text of subsection 20(4):

(4) A commissioner shall preside as chairman at each meeting of a grain standards committee.

(5) New.

Clause 11: Existing text of subsection 21(2):

(2) The Commission shall, by by-law, establish the terms of office of those members of a grain standards committee who are not employed in the federal public administration.

Clause 12: Relevant portion of section 22:

22. Each member of a grain standards committee is entitled to be paid

(a) if the member is not employed in the federal public administration, an allowance for the member’s services in an amount to be fixed by by-law of the Commission; and

Clause 13: Existing text of the heading:

Primary Standard Samples and Export Standard Samples

Clause 14: (1) and (2) Relevant portion of section 23:

23. As early as possible in each crop year the Commission shall cause to be collected representative samples of the crop of western grain and the crop of eastern grain of that crop year and, from those samples and from such other samples of the stocks of grain from any previous crop year as the Commission considers to be representative of the existing stock of any grain, cause to be prepared representative samples of

...

(b) any other grade of western grain or eastern grain for which, in the opinion of the Commission, it would be appropriate to designate primary standard samples or export standard samples or both; and

Clause 15: Existing text of subsection 24(4):

(4) The Western Standards Committee shall, in respect of

(a) each grade of western red spring wheat and western amber durum wheat that, in the opinion of the Commission, is likely to be sold for export, and

(b) any other grade of western grain that the Commission refers to it for consideration,

examine the samples of grain of that grade supplied to the Committee by the Commission and select and recommend to the Commission samples of the grade that, in the opinion of the Committee, represent as accurately as possible the average of grain of that grade received at any or all elevators at any or all inspection points.

Clause 16: Existing text of section 26:

26. The Commission shall, for each crop year,

(a) on considering the recommendations of a grain standards committee made pursuant to subsection 24(2), designate primary standard samples of each grade of grain for which a representative sample was prepared pursuant to paragraph 23(a) and of such other grades of grain as the Commission considers advisable; and

(b) on considering the recommendations of the Western Standards Committee made pursuant to subsection 24(4), designate export standard samples of each grade of western grain for which a representative sample was prepared pursuant to paragraph 23(a) and of such other grades of western grain as the Commission considers advisable.

Clause 17: (1) Existing text of subsections 27(1) and (2):

27. (1) The export standard sample that is designated for a grade of grain

(a) shall be used as the visual grading standard in the grading of western grain of that grade discharged from a terminal elevator or process elevator; and

(b) constitutes the minimum visual quality of the grade for that grain.

(2) The primary standard sample that is designated for a grade of grain

(a) shall be used as a visual grading guide in the grading of grain of that grade, other than western grain discharged from a terminal elevator or process elevator; and

(b) constitutes the minimum visual quality of the grade for that grain.

(2) Existing text of subsection 27(3):

(3) Where

(a) protein content is a criterion of quality that applies to a grade of grain, or

(b) any other criterion of quality that cannot be determined visually by comparison with a primary standard sample or export standard sample applies to a grade of grain,

that criterion shall be taken into consideration in determining the grade of the grain.

(3) Relevant portion of subsection 27(4):

(4) No person shall, on the basis of the use of a primary standard sample,

Clause 18: Existing text of section 31:

31. A sample of grain taken pursuant to section 30 or otherwise sent to the Commission thereupon becomes the property of the Commission and shall be sold or disposed of by the Commission in the prescribed manner.

Clause 19: Relevant portion of subsection 32(1):

32. (1) Subject to this Act, an inspector, after making an official inspection of grain pursuant to this Act, shall issue an inspection certificate in prescribed form,

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(b) where the grain was grown outside Canada, stating the country of origin of the grain or stating that the grain is foreign grain.

Clause 20: New.

Canada Grains Act

Clause 21: Relevant portion of section 42:

42. The following classes of licences are hereby established for the purposes of this Act:

Clause 22: (1) to (3): Existing text of subsections 45(1) and (2):

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

(a) issue to the applicant a licence of a class or subclass determined by the Commission to be appropriate to the type of operation of that elevator or the business of that grain dealer; and

(b) subject to the regulations, fix the security to be given by the applicant, by way of bond, suretyship, insurance or otherwise, having regard to the applicant’s potential obligations for the payment of money or the delivery of grain to producers of grain who are holders of cash purchase tickets, elevator receipts or grain receipts issued pursuant to this Act in relation to grain produced by the holders.

(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

(a) issue to the applicant a licence of a class or subclass determined by the Commission to be appropriate to the type of operation of that elevator; and

(b) subject to the regulations, fix the security to be given by the applicant, by way of bond, suretyship, insurance or otherwise, having regard to the applicant’s obligations for the payment of money or the delivery of grain to holders of elevator receipts issued pursuant to this Act.

Clause 23: New.

Clause 24: (1) Relevant portion of subsection 46(1):

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

(2) Existing text of subsection 46(2):

(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.

(3) Existing text of subsection 46(3):

(2) 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.

Clause 25: (1) to (4): Existing text of section 49:

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.

(2) Any security given by a licensee as a condition of a licence may only be realized or enforced by

(a) the Commission; or

(b) any holder referred to in section 45 who has suffered loss or damage by reason of the refusal or failure of the licensee to

(i) comply with this Act or any regulation or order made thereunder, or

(ii) meet any of the licensee’s payment or delivery obligations to that holder on the surrender of any cash purchase ticket, elevator receipt or grain receipt issued by the licensee pursuant to this Act.

(2.1) [Repealed, 1994, c. 45, s. 12]

(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

(a) the licensee fails or refuses to meet any of their payment or delivery obligations to the producer of the grain to which the ticket or receipt relates within such period as may be prescribed after the day on which the grain was delivered to the licensee; and

(b) the producer of the grain has given notice in writing of the failure or refusal to the Commission within thirty days after the failure or refusal.

(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.

(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.

(6) If 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 cash purchase ticket 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 cash purchase ticket or other bill of exchange is given to the producer.

(7) [Repealed, 1998, c. 22, s. 6]

(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.

Clause 26: Existing text of section 49.1:

49.1 (1) The Commission is not liable to a producer who has delivered grain

(a) to a person who is not a licensee; or

(b) to a licensee, if the producer has not obtained a cash purchase ticket, an elevator receipt or a grain receipt from the licensee.

(2) The Commission is not liable if a licensee fails to fulfill any payment or delivery obligation owed to a holder of a grain receipt, elevator receipt or cash purchase ticket.

Clause 27: Existing text of subsections 51(3) to (5):

(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.

(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.

(5) Subsections (3) and (4) cease to be in force on July 31, 1996.

Clause 28: (1) and (2): Relevant portion of subsection 52(1):

52. (1) No storage charge in respect of grain referred to in an elevator receipt shall be made by the licensee of an elevator in respect of time subsequent to

(a) the delivery of the grain out of the elevator into a railway car or other conveyance; or

(b) the expiration of twenty-four hours after

(i) a railway car or other conveyance that is capable of receiving grain discharged from the elevator and to which the grain may lawfully be delivered has been placed at the elevator to receive the grain,

Clause 29: Existing text of subsection 53(1):

53. (1) Where, by reason of the condition of any licensed elevator or as a result of any labour stoppage by employees of a licensee of an elevator or any lockout at any licensed elevator, the licensee of the elevator is, for any period, unable to deliver grain, grain products or screenings stored in any type of storage in the elevator in accordance with an elevator receipt issued by the licensee, whether or not the holder has requested delivery pursuant to the receipt, notwithstanding section 51, the licensee shall not charge the holder of the receipt, in respect of any part of that period after the first seven days thereof, any storage charge that accrues under the receipt that exceeds the appropriate maximum storage charge prescribed pursuant to subsection (2) with respect to that type of storage.

Clause 30: New.

Clause 31: Existing text of section 55:

55. (1) All elevators in Canada heretofore or hereafter constructed, except elevators referred to in subsection (2) or (3), are and each of them is hereby declared to be a work or works for the general advantage of Canada.

(2) All elevators in the Eastern Division heretofore or hereafter constructed, as defined in paragraph (d) of the definition “elevator” in section 2, are and each of them is hereby declared to be a work or works for the general advantage of Canada.

(3) All elevators in the Eastern Division heretofore or hereafter constructed, as defined in paragraph (e) of the definition “elevator” in section 2, are and each of them is hereby declared to be a work or works for the general advantage of Canada.

Clause 32: Existing text of section 58:

58. Except as required by order of the Commission, no operator of a licensed elevator is required to receive into the elevator any grain that has gone or is likely to go out of condition.

Clause 33: (1) to (3) Relevant portion of section 61:

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,

...

(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.

(4) New.

Clauses 34: (1) Existing text of section 63:

63. Where

(a) a person lawfully offers grain for storage at a licensed primary elevator equipped to treat the grain in a particular manner and requests that the grain be treated in that manner before the type of storage or the grade of the grain or both are determined, and

(b) the operator of the elevator agrees to receive the grain or is required by this Act or an order of the Commission to receive the grain,

the operator shall, in such manner as may be prescribed, weigh, handle and treat the grain as requested and shall issue an elevator receipt for the grain.

Clause 35: Relevant portion of subsection 67(1):

67. (1) Subject to section 86, the operator of a licensed primary elevator shall without delay discharge into a conveyance referred to in paragraph (b), to the extent of the conveyance’s capacity, the identical grain or grain of the same kind, grade and quantity that any elevator receipt issued by the operator requires if the holder of the receipt who is entitled to the delivery of grain referred to in that receipt

...

(b) has caused to be placed at the elevator, to transport the grain, a railway car or other conveyance that is capable of receiving grain discharged out of the elevator and to which the grain may lawfully be delivered.

Clause 36: New.

Clause 37: Existing text of section 72:

72. The operator of a licensed terminal elevator shall not specially bin any grain except as may be authorized by regulation and in the prescribed manner.

Clause 38: Relevant portion of section 75:

75. No operator or manager of a licensed terminal elevator shall, except with the Commission’s written permission,

Clause 39: Existing text of subsections 78(1) and (2):

78. (1) Subject to any provision of this Act, any regulation or any order of the Commission, the operator of a licensed process elevator shall receive into the elevator grain lawfully delivered to the elevator at the discretion of the operator.

(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.

Clause 40: New.

Clause 41: Existing text of section 81:

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.

(2) [Repealed, R.S., 1985, c. 37 (4th Supp.), s. 24]

(3) No licensed grain dealer who acts for any person on a commission basis in relation to the purchase or sale of western grain by a grade name shall, except with the consent of that person, buy, sell or have any interest or right, directly or indirectly beyond the dealer’s agreed commission in the purchase or sale of the grain.

(4) No licensed grain dealer shall

(a) except with the permission of the Commission, enter into a contract relating to western grain that the dealer has reason to believe is infested or contaminated; or

(b) enter into a contract that provides for the delivery of western grain to an elevator or a consignee if the grain is not lawfully receivable by the operator of the elevator or other consignee.

Clause 42: Existing text of section 84:

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.

Clause 43: Existing text of subsection 85(3):

(3) An inspector

(a) may, at any reasonable time, inspect any conveyance that has been placed at any elevator to receive grain; and

(b) where the inspector believes on reasonable grounds that any prescribed condition exists in the conveyance to such extent that the conveyance is not in fit condition to receive grain, shall direct that grain not be discharged into the conveyance until the condition has been corrected.

Clause 44: Existing text of section 86:

86. No person shall discharge any grain out of an elevator into a conveyance and no public carrier or other person shall permit the discharge of any grain out of an elevator into any conveyance owned or operated by him, where

(a) the person or public carrier has reason to believe that any prescribed condition exists in the conveyance to such extent that the conveyance is not in fit condition to receive grain; or

(b) an inspector has directed, pursuant to subsection 85(3), that grain not be discharged into the conveyance.

Clause 45: Existing text of subsection 88(1):

88. (1) Subject to subsection (1.1), an inspector may, at any reasonable time, enter any elevator, any premises of the licensee of an elevator or any premises of a licensed grain dealer in which the inspector has reasonable grounds to believe there is any grain, grain product or screenings owned or possessed by the licensee or any books, records or other documents relating to the operation of the elevator or the business of the grain dealer and may

(a) examine the premises and any equipment, grain, grain products and screenings found in the premises;

(a.1) take samples of the grain, grain products or screenings; and

(b) examine any books, records, bills of lading and other documents that, on reasonable grounds, the inspector believes contain any information relevant to verifying compliance with this Act and make copies of them or take extracts from them.

Clause 46: New.

Clause 47: Existing text of subsection 89(2):

(2) No person shall knowingly make any false or misleading statements, either orally or in writing, to an inspector engaged in carrying out his duties and functions under this Act.

Clause 48: (1) and (2) Relevant portion of subsection 90(1):

90. (1) An inspector may seize any documents or records that he or she has reasonable grounds to believe contain or are evidence that an offence under this Act was committed — and, in any event, shall without delay report to the Commission the facts ascertained by him or her — if he or she has reasonable grounds to believe that

(a) any offence under this Act was committed;

(3) Existing text of subsection 90(2):

(2) Documents or records seized pursuant to subsection (1) shall not be detained after the expiration of thirty days from the seizure unless before that time proceedings in respect of an offence under this Act, in respect of which the documents or records contain or are evidence, have been instituted, in which event the documents or records may be detained until the proceedings are finally concluded.

Clause 49: Relevant portion of subsection 93(1):

93. (1) If, on receiving the report of an inspector under section 90 or on making an investigation under section 91, the Commission has reasonable grounds to believe that a licensee has failed to comply with any condition of a licence or has committed an offence under this Act or that a condition referred to in paragraph 90(1)(b), (c) or (d) exists in a licensed elevator, the Commission may, by order,

Clause 50: Relevant portion of subsection 94(3):

(3) A period of prohibition or suspension ordered pursuant to subsection 93(1) shall not be extended for any period that would result in the aggregate period of the prohibition or suspension being longer than thirty days unless

(a) before the expiration of thirty days from the commencement of the period of prohibition or suspension, proceedings have been instituted against the licensee or against the manager of the elevator in respect of an offence under this Act, in which event the period of prohibition or suspension is deemed to be extended, unless otherwise ordered by the Commission, until fourteen days after the proceedings are finally concluded; or

Clause 51: Relevant portion of subsection 95(1):

95. (1) The Commission may, by order, revoke a licence to operate an elevator or a licence to carry on business as a grain dealer, as the case may be, if

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(b) the licensee or the manager of a licensed elevator is found guilty of an offence under this Act;

Clause 52: Relevant portion of section 97:

97. The Commission may, after any investigation instituted under section 91 and after affording all persons having an interest in the matter under investigation a full and ample opportunity to be heard, make an order

(a) for the payment, by any complainant, licensee or other person to whom the jurisdiction of the Commission extends, of compensation to any person for loss or damage sustained by that person resulting from a contravention of or failure to comply with any provision of this Act or any regulation, order or licence made or issued pursuant to this Act; and

Clause 53: Existing text of section 103:

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.

Clause 54: Relevant portion of section 104:

104. No operator of a licensed elevator shall

(a) issue a cash purchase ticket acknowledging the purchase of any grain or an elevator receipt or other document purporting to acknowledge the receipt of any grain if the grain has not been purchased or received into the elevator;

(b) permit to be outstanding in respect of a quantity of grain in the elevator more than one cash purchase ticket or more than one elevator receipt or other document acknowledging receipt of the grain;

Clause 55: (1) and (2) Relevant portion of section 106:

106. No person shall

...

(b) represent any grain inspection certificate or end-use certificate as relating to any grain other than grain to which it properly relates; or

Clause 56: Existing text of section 107:

107. (1) Every operator of an elevator who contravenes or fails to comply with section 72 is guilty of an offence and

(a) if an individual, is liable

(i) on summary conviction, to a fine not exceeding nine thousand dollars or to imprisonment for a term not exceeding two years, or to both, or

(ii) on conviction on indictment, to a fine not exceeding eighteen thousand dollars or to imprisonment for a term not exceeding four years, or to both; or

(b) if a corporation, is liable

(i) on summary conviction, to a fine not exceeding thirty thousand dollars, or

(ii) on conviction on indictment, to a fine not exceeding sixty thousand dollars.

(1.1) [Repealed, 2011, c. 25, s. 32]

(2) Every person who contravenes any provision of this Act, other than section 72, or of the regulations or any order of the Commission, other than an order for the payment of any money or apportionment of any loss, is guilty of an offence and

(a) if an individual, is liable

(i) on summary conviction, to a fine not exceeding six thousand dollars or to imprisonment for a term not exceeding one year, or to both, or

(ii) on conviction on indictment, to a fine not exceeding twelve thousand dollars or to imprisonment for a term not exceeding two years, or to both; or

(b) if a corporation, is liable

(i) on summary conviction, to a fine not exceeding nine thousand dollars, or

(ii) on conviction on indictment, to a fine not exceeding eighteen thousand dollars.

Clause 57: Existing text of section 108:

108. (1) Any manager of an elevator, or any other employee, or agent or mandatary, of the operator or licensee of an elevator, who does any act or thing directed to the commission of an offence under this Act by the operator or licensee of the elevator is a party to and guilty of the offence.

(2) Any employee, or agent or mandatary, of a licensed grain dealer who does any act or thing directed to the commission of an offence under this Act by the licensed grain dealer is a party to and guilty of the offence.

Clause 58: Existing text of section 109:

109. In any prosecution for an offence under this Act, a document purporting to have been signed by a commissioner or any officer or employee of the Commission in the course of the performance of his duties is evidence of the facts stated in the document without proof of the signature or of the official character of the person appearing to have signed the document.

(2) New.

Clause 59: Existing text of subsection 110(1):

110. (1) Any proceedings by way of summary conviction in respect of an offence under this Act may be instituted at any time within two years after the time when the subject-matter of the prosecution arose.

Clause 60: Existing text of section 111:

111. (1) A cash purchase ticket or elevator receipt in prescribed form entitling the holder named in that document to the payment of money or delivery of grain in accordance with the terms of the document, and the rights arising under the document, may be transferred from holder to holder by the endorsement and delivery of the document to the endorsee.

(2) [Repealed, 2012, c. 31, s. 385]

Clause 61: New.