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Canada–United States–Mexico Agreement Implementation Act (S.C. 2020, c. 1)

Assented to 2020-03-13

PART 2Related Amendments (continued)

R.S., c. G-10Canada Grain Act (continued)

Marginal note:1994, c. 45, s. 1(3)

  •  (1) The definitions contaminated and foreign grain in section 2 of the Act are repealed.

  • (2) The definitions eastern grain and western grain in section 2 of the Act are replaced by the following:

    eastern grain

    eastern grain means grain, other than imported grain, that is delivered into the Eastern Division; (grain de l’Est)

    western grain

    western grain means grain, other than imported grain, that is delivered into the Western Division; (grain de l’Ouest)

  • (3) Section 2 of the Act is amended by adding the following in alphabetical order:

    imported grain

    imported grain means any grain grown outside Canada or the United States and includes screenings from such a grain and every grain product manufactured or processed from such a grain; (grain importé)

 The Act is amended by adding the following after section 2:

Marginal note:Contaminated grain

2.1 Grain is contaminated for the purposes of this Act if the grain contains any substance in sufficient quantity that the grain is either

  • (a) adulterated for the purposes of the Food and Drugs Act; or

  • (b) contaminated within the meaning of the regulations made under section 51 of the Safe Foods for Canadians Act.

 Paragraph 14(1)(a) of the Act is replaced by the following:

  • (a) recommend and establish grain grades and standards for those grades and implement a system of grading and inspection for grain to reflect adequately the quality of that grain and meet the need for efficient marketing in and outside Canada;

 The Act is amended by adding the following after section 15:

Export Certificates

Marginal note:Export certificates

15.1 The Commission may issue any certificate or other document setting out any information that the Commission considers necessary to facilitate the export of any grain.

  •  (1) The portion of paragraph 32(1)(a) of the Act before subparagraph (i) is replaced by the following:

    • (a) if the grain was grown in Canada or the United States,

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

    • (b) if the grain was grown outside Canada or the United States, stating the country of origin of the grain or stating that the grain is imported grain and, in the prescribed circumstances,

      • (i) assigning to the grain a grade established by or under this Act or, if the grain is eligible to be assigned more than one grade, assigning to the grain the grade constituting the highest level of excellence for which the grain is eligible, and

      • (ii) stating the dockage to be separated from the grain in order that it may be eligible for the grade so assigned.

 The Act is amended by adding the following after section 58:

Marginal note:Seeds Act and Pest Control Products Act

58.1 No operator of a licensed elevator is required to receive into the elevator any grain that

  • (a) is of a variety produced from seed of a variety that is not registered under the Seeds Act for sale in or importation into Canada; or

  • (b) has in it, on it or has had applied to it a pest control product that is not registered under the Pest Control Products Act or any component or derivative of such a product.

Marginal note:1994, c. 45, s. 16

 Section 61 of the Act is replaced by the following:

Marginal note:Procedure on receipt of grain

  • 61 (1) Subject to subsection (2), if grain is lawfully offered at a licensed primary elevator for sale or storage, other than for special binning, the operator of the elevator 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 immediately provide it to the producer.

  • Marginal note:Dispute

    (2) If the producer and the operator of the elevator do not agree as to the grade of the grain, the dockage or a prescribed grain quality characteristic, the operator shall

    • (a) take a sample of the grain in the prescribed manner;

    • (b) deal with the sample in the prescribed manner; and

    • (c) issue an interim elevator receipt in the prescribed form.

  • Marginal note:Commission’s report

    (3) On receipt of a report from the Commission that assigns a grade in respect of the sample and that determines the dockage and each disputed grain quality characteristic, the operator of the elevator shall 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, the dockage so determined and each grain quality characteristic so determined, and immediately provide it to the producer.

Marginal note:1994, c. 45, s. 25; 2011, c. 25, s. 27

 The heading before section 83.1 and sections 83.1 to 84 of the Act are replaced by the following:

Declaration Respecting Grain

Marginal note:Obligation to provide declaration

83.1 Every licensee and every person who sells grain to a licensee shall, in accordance with the regulations, make and provide a declaration respecting the grain to a prescribed person.

Marginal note:Regulations

83.2 The Commission may, with the approval of the Governor in Council, make regulations respecting the declaration referred to in section 83.1, including regulations prescribing

  • (a) its form and content;

  • (b) when it is to be made and provided; and

  • (c) the persons to whom it is to be provided.

Marginal note:False or misleading statement

83.3 No person shall knowingly make a false or misleading statement in a declaration referred to in section 83.1.

PART VCarriage of Grain

General

Marginal note:Transport, except by public carrier, restricted

84 Except in accordance with terms and conditions prescribed under section 84.1 or with an order made under section 84.2, no person, other than a public carrier, shall transport or cause to be transported any grain into or out of Canada.

Marginal note:Regulations

84.1 The Commission may, with the approval of the Governor in Council, make regulations prescribing terms and conditions for the purposes of section 84.

Marginal note:Orders

84.2 The Commission may, by order, permit a person other than a public carrier, to transport or cause to be transported any grain into or out of Canada, in accordance with any terms and conditions set out in the order. If the order applies to more than one person, it applies for a period of time terminating not later than the end of the crop year in respect of which the order is made.

  •  (1) Subsection 116(1) of the Act is amended by adding the following after paragraph (c):

    • (c.1) prescribing circumstances in which an inspector, under paragraph 32(1)(b), is to assign a grade to imported grain and to state the dockage that is to be separated from it;

  • (2) Paragraph 116(1)(h) of the Act is replaced by the following:

    • (h) respecting the receipt, inspection, handling and storage at elevators of imported grain and prescribing the period of time that it may remain in storage at any elevator;

 
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