Short Title

Marginal note:Short title

1 This Act may be cited as the Canadian Wheat Board Act.

Interpretation

Marginal note:Definitions

• 2 (1) In this Act,

  actual producer

  producteur-exploitant

  actual producer means a producer actually engaged in the production of grain; (producteur-exploitant)

  bank

  banque

  bank means

  • (a) a bank or an authorized foreign bank within the meaning of section 2 of the Bank Act,

  • (b) a credit union, caisse populaire or other cooperative credit society that is designated by the Minister on the application of that society as a bank for the purposes of this Act,

  • (c) a company within the meaning of the Trust and Loan Companies Act, or a company, society or provincial company within the meaning of the Insurance Companies Act, that is designated by the Minister on the application of that company, society or provincial company as a bank for the purposes of this Act, and

  • (d) a Province of Alberta Treasury Branch established pursuant to The Treasury Branches Act as enacted by the Legislature of the Province of Alberta; (banque)

  board

  conseil

  board means the board of directors of the Corporation referred to in section 3.01; (conseil)

  Board

  Board[Repealed, 1998, c. 17, s. 1]

  Corporation

  Commission

  Corporation means The Canadian Wheat Board continued by section 3; (Commission)

  designated area

  région désignée

  designated area means that area comprised by the Provinces of Manitoba, Saskatchewan and Alberta, and that part of the Province of British Columbia known as the Peace River District, and any other areas that the Corporation may designate under subsection (3); (région désignée)

  elevator

  silo

  elevator means a grain elevator, warehouse or mill that has been declared by Parliament to be a work for the general advantage of Canada; (silo)

  grain

  grains

  grain includes wheat, oats, barley, rye, flaxseed, rapeseed and canola; (grains)

  Minister

  ministre

  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; (ministre)

  order

  arrêté

  order means any order of the Corporation made under this Act and includes “instructions to the trade” issued by the Corporation; (arrêté)

  permit book

  carnet de livraison

  permit book means a Canadian Wheat Board delivery permit issued pursuant to this Act by the Corporation for a crop year; (carnet de livraison)

  pooling point

  point de mise en commun

  pooling point means a place designated pursuant to subsection (5); (point de mise en commun)

  producer

  producteur

  producer includes, as well as an actual producer, any person entitled, as landlord, vendor or mortgagee, to the grain grown by an actual producer or to any share therein; (producteur)

  quota

  contingent

  quota means the quantity of grain authorized to be delivered from grain produced on land described in a permit book as fixed from time to time by the Corporation, whether expressed as a quantity that may be delivered from a specified number of acres or otherwise; (contingent)

  wheat product

  produit du blé

  wheat product means any substance designated as such by the Governor in Council under subsection (4). (produit du blé)

• Marginal note:Words and expressions

  (2) Unless it is otherwise provided in this Act, words and expressions used in this Act have the same meaning as in the Canada Grain Act, except that where in any definition of any such word or expression contained in that Act the word “elevator” is used, it has the meaning given to it under subsection (1).

• Marginal note:Designating parts included in designated area

  (3) The Corporation may, by order, designate parts of the Province of British Columbia, other than the Peace River District, and parts of the Province of Ontario lying in the Western Division that are included in the designated area, for the purposes of this Act.

• Marginal note:Designating substances as grain products

  (4) The Governor in Council may, by regulation, designate substances produced by processing or manufacturing wheat, either alone or together with any other material or substance, as wheat products for the purposes of this Act.

• Marginal note: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.

Her Majesty

Marginal note:Binding on Her Majesty

2.1 This Act is binding on Her Majesty in right of Canada or a province.

PART IThe Canadian Wheat Board

Continuation of the Corporation

Marginal note:Corporation continued

• 3 (1) The Canadian Wheat Board is hereby continued.

• Marginal note:Headquarters

  (2) The headquarters of the Corporation are in the city of Winnipeg in the Province of Manitoba.

Board of Directors

Marginal note:Board of directors

• 3.01 (1) The board of directors shall direct and manage the business and affairs of the Corporation and is for those purposes vested with all the powers of the Corporation.

• Marginal note:Composition of the board

  (2) The board consists of fifteen directors, including a chairperson and a president.

Marginal note:Directors

• 3.02 (1) Four directors are appointed by the Governor in Council on the recommendation of the Minister. Ten directors are elected by producers in accordance with sections 3.06 to 3.08 and the regulations. The president is appointed by the Governor in Council in accordance with section 3.09.

• Marginal note:Term

  (2) The directors, with the exception of the president, hold office for a maximum term of four years, up to a maximum of three terms.

• Marginal note:Part-time directors

  (3) Unless the Governor in Council directs otherwise, the directors, with the exception of the president, shall perform their functions on a part-time basis.

• Marginal note:Powers, duties and functions of directors

  (4) For greater certainty, the appointed directors and the elected directors have the same powers, duties and functions.

Marginal note:Remuneration

• 3.03 (1) The directors are paid the remuneration that is fixed by resolution of the board.

• Marginal note:Travel and living expenses

  (2) The directors, with the exception of the president, are entitled to be paid reasonable travel and living expenses incurred by them in the course of their duties under this Act while absent from their ordinary place of residence.

Marginal note:Chairperson

• 3.04 (1) The board designates one director to be the chairperson and may fix the remuneration of the chairperson.

• Marginal note:Duties

  (2) The chairperson performs the duties conferred on the chairperson by the by-laws, calls and presides at meetings of the board and determines the agenda at those meetings.

• Marginal note: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.

Marginal note:By-laws

3.05 The board may make by-laws respecting the administration and management of the business and affairs of the Corporation, including

• (a) the convening, frequency and conduct of meetings of the board, the participation of directors in those meetings by telephone or other communication facilities, the quorum at the meetings and the confidentiality of the board’s deliberations;

• (b) the holding of annual meetings and any other method by which the board may demonstrate its accountability to producers;

• (c) the conditions under which elected directors may be removed from office;

• (d) the periodic review of the performance of the president by the board;

• (e) the manner in which the board may recommend to the Minister the removal of the president;

• (f) the establishment of committees of the board and the powers, duties and functions of the committees; and

• (g) the exercise of the powers set out in subsection 6(1).

Election of Directors

Marginal note:Regulations

• 3.06 (1) The Governor in Council may, on the recommendation of the Minister, make regulations respecting the election of directors.

• Marginal note:Limitation

  (2) After the date referred to in section 3.08, the Minister shall not make the recommendation referred to in subsection (1) unless he or she has consulted with the board, including consulting with respect to geographical representation on the board and the staggering of the terms of office of directors.

Marginal note:Administration of election

3.07 Subject to the regulations, the Corporation shall take any measures that the Minister may determine for the proper conduct and supervision of an election of directors, including

• (a) employing the persons necessary to conduct or manage the election and the payment of any fees, costs, allowances and expenses of any person so employed, that the Minister may determine; and

• (b) paying the costs of the election incurred by or on behalf of the Corporation, including the costs incurred in the preparation, printing and distribution of material providing information on candidates.

Marginal note:Publication

Footnote ^*3.08 The Minister shall determine the date on which the first directors elected shall assume office, which date shall not be later than December 31, 1998. At least thirty days before that date, the Minister shall publish a notice of that date in the Canada Gazette.

• Return to footnote ^*[Note: The Minister of Natural Resources has determined that the first elected directors of the Canadian Wheat Board shall assume office on December 31, 1998, see Canada Gazette Part I, Volume 132, page 3196.]

President

Marginal note:Appointment

• 3.09 (1) The president is appointed by the Governor in Council on the recommendation of the Minister and holds office during pleasure for the term that the Governor in Council may determine.

• Marginal note:Conditions

  (2) The Minister may recommend that a person be appointed president only if

  • (a) the Minister has consulted the board with respect to

    • (i) the qualifications required of the president, and

    • (ii) the person whom the Minister is proposing to recommend; and

  • (b) the board has fixed the remuneration to be paid to the president and has informed the Minister of the remuneration.

• Marginal note:Transitional president

  (3) Notwithstanding the other provisions of this section, the Governor in Council may appoint a transitional president and fix the remuneration to be paid to him or her. The transitional president’s term may not end more than one year after the coming into force of this subsection.

Marginal note:Remuneration

• 3.1 (1) The president is paid the remuneration fixed in accordance with paragraph 3.09(2)(b) or subsection 3.09(3).

• Marginal note:Travel and living expenses

  (2) The president is entitled to be paid reasonable travel and living expenses incurred during the course of the president’s duties under this Act while absent from the president’s ordinary place of work.

Marginal note:Duties

• 3.11 (1) The president is the chief executive officer of the Corporation and has, on behalf of the board, responsibility for the direction and management of the business and day-to-day operations of the Corporation with authority to act, subject to resolution of the board, in all matters that are not by this Act or the by-laws specifically reserved to be done by the board or the chairperson.

• Marginal note:Absence or incapacity

  (2) If the president is absent or unable to act or the office of president is vacant, the Minister may appoint an interim president. An interim president shall not act for more than ninety days without the approval of the Governor in Council.

Directors and Officers

Marginal note:Duty of care

• 3.12 (1) The directors and officers of the Corporation in exercising their powers and performing their duties shall

  • (a) act honestly and in good faith with a view to the best interests of the Corporation; and

  • (b) exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances.

• Marginal note:Duty to comply

  (2) The directors and officers of the Corporation shall comply with this Act, the regulations, the by-laws of the Corporation and any directions given to the Corporation under this Act.

• Marginal note:Limit of liability

  (3) Directors and officers are not liable under subsection (1) or (2) if they rely in good faith on

  • (a) financial statements of the Corporation represented to them by an officer of the Corporation or in a written report of the auditor of the Corporation as fairly reflecting the financial condition of the Corporation; or

  • (b) a report of a lawyer, notary, accountant, engineer, appraiser or other person whose position or profession lends credibility to a statement made by that person.

Marginal note:Indemnity

• 3.13 (1) The Corporation may indemnify a present or former director or officer of the Corporation or a person who acts or acted as a director or officer at the request of the Corporation, and their heirs and legal representatives, against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, that are reasonably incurred by them in respect of any civil, criminal or administrative action or proceeding to which they are a party by reason of being or having been such a director, officer or person if they

  • (a) acted honestly and in good faith with a view to the best interests of the Corporation; and

  • (b) in the case of a criminal or administrative action or proceeding that is enforced by a monetary penalty, believed on reasonable grounds that their conduct was lawful.

• Marginal note:Indemnity as of right

  (2) Despite anything in this section, a person referred to in subsection (1) is entitled to indemnity from the Corporation in respect of all costs, charges and expenses reasonably incurred by that person in connection with the defence of any civil, criminal or administrative action or proceeding to which the person is made a party by reason of being or having been a director or officer of the Corporation, if the person

  • (a) was substantially successful on the merits in their defence of the action or proceeding; and

  • (b) fulfils the conditions set out in paragraphs (1)(a) and (b).

• Marginal note:Application to court

  (3) The Corporation or a person referred to in subsection (1) may apply to a court for an order approving an indemnity under this section and the court may so order and make any further order it thinks fit.

Object and Powers

Marginal note:Body corporate

• 4 (1) The Corporation is a body corporate having capacity to contract in the name of the Corporation.

• Marginal note:Status

  (2) The Corporation is not an agent of Her Majesty and is not a Crown corporation within the meaning of the Financial Administration Act.

• Marginal note:Legal proceedings

  (3) Actions taken by or against the Corporation in respect of rights and obligations acquired or incurred by the Corporation on behalf of Her Majesty before the date referred to in section 3.08, for all purposes, are deemed to have been taken by or against Her Majesty, as the case may be.

Marginal note:Object

5 The Corporation is incorporated with the object of marketing in an orderly manner, in interprovincial and export trade, grain grown in Canada.

Marginal note:Powers

• 6 (1) The Corporation possesses the following powers:

  • (a) to buy, take delivery of, store, transfer, sell, ship or otherwise dispose of grain;

  • (b) to enter into contracts or agreements for the purchase, sale, handling, storage, transportation, disposition or insurance of grain;

  • (c) subject to the approval of the Minister of Finance, to enter into commercial banking arrangements;

  • (c.01) subject to section 19, to borrow money by any means, including the issuing, reissuing, selling and pledging of bonds, debentures, notes and other evidences of indebtedness of the Corporation;

  • (c.1) subject to the approval of the Minister of Finance, to invest moneys of the Corporation in bonds, debentures, notes or other evidences of indebtedness of or guaranteed by

    • (i) the Government of Canada or of any province of Canada,

    • (ii) the government of a foreign country or of any province or state of that country, or

    • (iii) a financial institution whether in or outside Canada;

  • (c.2) in the course of its operations, to enter into and deal with any contracts and transactions that the Corporation considers necessary for risk management purposes, including options, futures contracts, forward contracts and currency, commodity and interest rate swaps;

  • (c.3) to establish a contingency fund consisting of the amounts specified by the regulations, that may be used

    • (i) to guarantee adjustments to initial payments provided for in subparagraph 32(1)(b)(ii), or

    • (ii) to provide for potential losses from operations under section 33.01 or 39.1;

  • (c.4) to issue negotiable certificates in accordance with this Act;

  • (d) to acquire, hold and dispose of real and personal property, but the Corporation shall not acquire or dispose of any real property without the approval of the Governor in Council;

  • (e) to employ such technical, professional or other officers, clerks or employees as may be necessary for the conduct of its business;

  • (f) to establish branches or employ agents in Canada or elsewhere;

  • (g) to establish, utilize and employ such marketing agencies or facilities as it deems necessary for the purpose of its operations under this Act;

  • (h) to operate elevators, either directly or by means of agents, and subject to the Canada Grain Act, to pay such agents, commissions, storage and other charges, remuneration or compensation as may be agreed on with the approval of the Canadian Grain Commission;

  • (i) to authorize any officer or employee of the Corporation or any other person to act on behalf of the Corporation in the conduct of its operations under this Act;

  • (j) to act as agent for or on behalf of any minister or agent of Her Majesty in right of Canada in respect of any operations that it may be directed to carry out by the Governor in Council; and

  • (k) generally to do all such acts and things as may be necessary or incidental to carrying on its operations under this Act.

• Marginal note:Regulations

  (2) The Governor in Council may make regulations authorizing the Corporation to deduct an amount from any amount it receives in the course of its operations under this Act and to credit the amount so deducted to the contingency fund established under paragraph (1)(c.3).

• (3) [Not in force]

• Marginal note:Contingency fund balance

  (4) For greater certainty, the balance at any particular time of the contingency fund established under paragraph (1)(c.3) need not be positive.

• Marginal note:Property of the Corporation

  (5) For greater certainty, the property held by the Corporation on behalf of Her Majesty in right of Canada on the date referred to in section 3.08 is the property of the Corporation on that date.

Pricing, Profits and Losses

Marginal note:Sale and disposal of grain

• 7 (1) Subject to the regulations, the Corporation shall sell and dispose of grain acquired by it pursuant to its operations under this Act for such prices as it considers reasonable with the object of promoting the sale of grain produced in Canada in world markets.

• Marginal note:Profits

  (2) Profits realized by the Corporation from its operations in wheat under this Act during any crop year, other than from its operations under Part III, with respect to the disposition of which no provision is made elsewhere in this Act, shall be paid to the Receiver General for the Consolidated Revenue Fund.

• Marginal note:Losses

  (3) Losses sustained by the Corporation

  • (a) from its operations under Part III in relation to any pool period fixed thereunder, during that pool period, or

  • (b) from its other operations under this Act during any crop year,

  for which no provision is made in any other Part, shall be paid out of moneys provided by Parliament.

Investment of Moneys

Marginal note:Payment of expenses

• 8 (1) The Corporation may, at the time of realization, use every profit realized by it on the sale of bonds, debentures, notes or other evidences of indebtedness acquired by it under paragraph 6(1)(c.1) in payment of expenses incurred by the Corporation in its operations or may credit the profit to the contingency fund established under paragraph 6(1)(c.3).

• Marginal note:Losses

  (2) Every loss sustained by the Corporation on the sale of a bond, debenture, note or other evidence of indebtedness acquired under paragraph 6(c.1) shall, for all purposes, be deemed to be an expense incurred by the Corporation in the course of its operations at the time of the sale.

Accounts and Reports

Marginal note:Duties of the Corporation

• 9 (1) The Corporation shall

  • (a) keep proper books and accounts of its operations under this Act, showing such particulars as may be requisite for proper accounting in accordance with established accounting practice;

  • (b) with the approval of the Governor in Council, appoint a firm of chartered accountants for the purpose of auditing accounts and records and certifying reports of the Corporation;

  • (c) report in writing to the Minister as soon as possible after the end of each month, as at the close of business on the last day of that month, its purchases and sales of all grain during the month and the quantities of grain then held by it, the contracts to take delivery of grain to which it is then a party, all securities then held by it and the financial result of the Corporation’s operations as at the end of that month, which report shall be certified by the auditors of the Corporation;

  • (d) make such reports and furnish such information as the Minister may from time to time require; and

  • (e) in each year, on or before March 31 or such other date as the Governor in Council may fix, report to the Minister in writing, as at the close of business on the last day of the preceding crop year, its purchases and sales of all grain during that crop year, the quantities of grain then owned by it, the contracts to take delivery of grain to which it is then a party, all securities then held by it and the financial result of the Corporation’s operations as at the end of that crop year and such further information as the Minister may require, and the report shall be certified by the auditors of the Corporation.

• Marginal note:Report to Parliament

  (2) The Minister shall lay a copy of each report of the Corporation made under paragraph (1)(e) before Parliament on any of the first fifteen days that either House of Parliament is sitting after he receives it.

Pension Fund and Group Insurance

Marginal note:Pension fund

• 10 (1) The Corporation may, with the approval of the Governor in Council, establish a pension fund for the directors and the officers, clerks and employees employed by the Corporation under this Act and their dependants, including their spouse, common-law partner and children, any other relative of the director, officer, clerk or employee, and any child or other relative of the spouse or common-law partner of the director, officer, clerk or employee. The Corporation may contribute to the pension fund out of funds of the Corporation.

• Marginal note:Corporation’s contributions deemed operational expenses

  (2) Contributions to the pension fund made by the Corporation, pursuant to subsection (1), shall be deemed to be expenses incurred in connection with the operations of the Corporation.

Marginal note:Group insurance plans

• 11 (1) With the approval of the Governor in Council, the Corporation may enter into a contract with any person

  • (a) for the provision of a group life insurance plan, and

  • (b) for the provision of a group medical-surgical insurance plan

  for the directors and the officers, clerks and employees employed by the Corporation under this Act and their dependants, including their spouse, common-law partner and children, any other relative of the director, officer, clerk or employee, and any child or other relative of the spouse or common-law partner of the director, officer, clerk or employee.

• Marginal note:Corporation’s contribution to premiums

  (2) The Corporation may contribute a share of the premiums payable under any insurance plan referred to in subsection (1) out of the funds of the Corporation.

• Marginal note:Corporation’s contributions deemed operational expenses

  (3) Contributions made by the Corporation pursuant to subsection (2) shall be deemed to be expenses incurred in connection with the operations of the Corporation.

Definition of common-law partner

12 In subsections 10(1) and 11(1), common-law partner, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year.

13 to 17 [Repealed, 1998, c. 17, s. 9]

Directions by Governor in Council

Marginal note:Directions to the Corporation

• 18 (1) The Governor in Council may, by order, direct the Corporation with respect to the manner in which any of its operations, powers and duties under this Act shall be conducted, exercised or performed.

• Marginal note:Directors

  (1.1) The directors shall cause the directions to be implemented and, in so far as they act in accordance with section 3.12, they are not accountable for any consequences arising from the implementation of the directions.

• Marginal note:Best interests

  (1.2) Compliance by the Corporation with directions is deemed to be in the best interests of the Corporation.

• Marginal note:Purchase of wheat only

  (2) Except as directed by the Governor in Council, the Corporation shall not buy grain other than wheat.

Plans, Borrowings and Guarantees

Marginal note:Corporate plan

• 19 (1) The Corporation shall submit annually a corporate plan to the Minister for the approval of the Minister in consultation with the Minister of Finance.

• Marginal note:Scope and content of corporate plan

  (2) The corporate plan shall encompass all the business and activities of the Corporation and shall contain any information that the Minister considers appropriate.

• Marginal note:Borrowing plan

  (3) The Corporation shall submit annually to the Minister of Finance for approval a plan indicating the amount of money that the Corporation intends to borrow in the coming crop year for the purposes of carrying out its corporate plan.

• Marginal note:Terms and conditions

  (4) The Corporation shall not undertake any borrowings described in the borrowing plan approved under subsection (3) unless the Minister of Finance has approved the time, terms and conditions of the borrowings.

• Marginal note:Guarantee of borrowings

  (5) The repayment with interest, if any, of money borrowed by the Corporation in accordance with the terms and conditions approved under subsection (4) is guaranteed by the Minister of Finance on behalf of Her Majesty.

• Marginal note:Loans and guarantee of credit sales

  (6) The Minister of Finance, on behalf of Her Majesty, may, on any terms and conditions that the Governor in Council may approve,

  • (a) make loans or advances to the Corporation; or

  • (b) guarantee payment with interest of amounts owing to the Corporation in respect of the sale of grain on credit.

Operation of Elevators

PART IIControl of Elevators and Railways

Application

Definition of grain and producer

23 Subject to section 30, in this Part, grain means grain produced in the designated area and producer means a producer in respect of that grain.

Delivery of Grain

Marginal note:Conditions for delivery of grain to elevator

• 24 (1) Notwithstanding anything in the Canada Grain Act, except with the permission of the Corporation, no person shall deliver grain to an elevator, and no manager or operator thereof shall receive delivery of grain unless

  • (a) the person delivering the grain is the actual producer of, or is entitled as a producer to, the grain;

  • (b) at the time of delivery the person delivering the grain produces to the manager or operator a permit book under which that person is entitled to deliver the grain in the crop year in which delivery is made;

  • (c) the grain was produced in the crop year in which delivery is made on the lands described in the permit book or in any other crop year on any lands whatever;

  • (d) the grain is delivered at the delivery point named in the permit book; and

  • (e) the quantity of grain delivered, whether delivered for storage or sold, together with all grain of the same kind or grade previously delivered under the permit book during the crop year in which delivery is made, does not exceed the quota established by the Corporation for that delivery point for grain of the kind or grade delivered at the time it is delivered.

• Marginal note:Record and entry of net weight

  (2) Where grain is delivered by a producer to an elevator, the manager or operator thereof shall, immediately on completion of the delivery of the grain, truly and correctly record and enter the net weight in tonnes, after dockage, of the grain so delivered in the permit book under which delivery is made and shall initial the entry in the permit book.

• Marginal note:Exemption

  (3) The Corporation may, by order, exempt deliveries of grain to an elevator from the requirements of any of paragraphs (1)(a), (c) and (e), but only to the extent that the elevator is owned or leased by a producer.

Marginal note:Conditions for delivery of grain to railway car

• 25 (1) Notwithstanding anything in the Canada Grain Act, except with the permission of the Corporation, no person shall deliver to a railway car grain that has not previously been delivered to an elevator under a permit book in accordance with subsection 24(1) unless

  • (a) the person delivering the grain is the actual producer of, or is entitled as a producer to, the grain;

  • (b) at the time of delivery the person delivering the grain has been issued, and is in possession of, a permit book under which that person is entitled to deliver the grain in the crop year in which delivery is made;

  • (c) the grain was produced in the crop year in which delivery is made on the lands described in the permit book or in any other crop year on any lands whatever;

  • (d) the grain is delivered at the delivery point named in the permit book; and

  • (e) the quantity of grain delivered, together with all grain of the same kind or grade previously delivered under the permit book during the crop year in which delivery is made, does not exceed the quota established by the Corporation for that delivery point for grain of the kind or grade delivered at the time it is delivered.

• Marginal note:Record and entry by producer

  (2) Where grain is delivered at any one time by a producer to one or more railway cars under a permit book and the producer has arranged or is arranging for delivery and sale of the grain and for payment in respect thereof on his own behalf, the producer shall truly and correctly record, enter and initial in the permit book

  • (a) immediately on completion of the delivery, the gross weight in tonnes of the capacity of each railway car, the serial number of each railway car and the date on which the delivery to each railway car is completed; and

  • (b) immediately on learning of the net weight in tonnes, after dockage, of the grain delivered to each railway car, that net weight and the date on which the unloading of each railway car is completed.

• Marginal note:Record and entry by agent

  (3) Where grain is delivered at any one time by a producer to one or more railway cars under a permit book and the producer has arranged or is arranging with another person for delivery and sale of the grain and for payment in respect thereof, the producer shall, immediately on completion of the delivery and before making any other delivery of grain to an elevator or railway car, send the permit book to that other person, who shall truly and correctly record, enter and initial in the permit book

  • (a) immediately on receiving the permit book, the information referred to in paragraph (2)(a); and

  • (b) immediately on learning of the net weight in tonnes, after dockage, of the grain delivered to each railway car and before making any payment to the producer in respect of the grain, the information referred to in paragraph (2)(b).

• Marginal note:Application

  (4) Where grain is delivered by more than one producer to a railway car, subsections (1) to (3) apply in respect of the grain delivered by each producer.

Marginal note:Certain provisions not to apply

25.1 Paragraphs 24(1)(c), (d) and (e) and 25(1)(c), (d) and (e) do not apply to deliveries made under a contract under section 39.1.

Permit Books

Marginal note:Right of producer to issue of permit book

• 26 (1) Subject to this Act, a producer may require the Corporation to issue a permit book authorizing delivery of grain produced on the land comprising the farm of the producer.

• Marginal note:Right to possession

  (2) The actual producer of grain on any land has the prior right to possession of the permit book in which the land is described but shall make the permit book available to any other producer entitled to deliver grain thereunder on the request of that producer.

• Marginal note:Limitation

  (3) Not more than one permit book shall be issued in respect of land comprising any farm or group of farms operated as a unit.

• Marginal note:To producer only

  (4) No permit book shall be issued to any person other than a producer.

• Marginal note:Requirement

  (5) Any producer who delivers grain under a permit book shall produce the permit book on demand to any representative of the Corporation.

Marginal note:Producers may deliver only their proportions of quota

• 27 (1) Subject to subsection (2), where two or more producers are entitled to grain produced on any farm in any crop year, none of those producers may deliver in that crop year under the permit book for the farm a proportion of the quota of grain that may be delivered thereunder greater than the proportion that that producer’s share of the grain is of the whole amount thereof.

• Marginal note:Mortgagor to have priority

  (2) Where a producer is a mortgagor or a purchaser under an agreement for sale of lands comprising a farm and controls the farming operations on that farm, the producer is entitled to deliver out of his share of the grain produced on the farm, in priority to any other producer in respect of the farm, such amount of grain as may be prescribed by order of the Corporation.

Administration

Marginal note:Powers of administration of the Corporation

28 The Corporation may, notwithstanding anything in the Canada Grain Act, but subject to directions, if any, contained in any order of the Governor in Council, by order,

• (a) prescribe the forms of and manner of completing applications for permit books, permit books and such other forms as may be necessary for the administration of this Act;

• (b) prescribe the manner in which applications for permit books shall be made and permit books shall be issued;

• (c) prescribe the manner in which deliveries of grain under a permit book shall be recorded in the permit book or any other entry may be made in the permit book;

• (d) prescribe a place on a railway as the delivery point at which grain may be delivered under a permit book;

• (e) determine whether, for the purposes of this Act, two or more farms are operated as a unit;

• (f) fix, from time to time, quotas of each kind of grain, or any grade or quality thereof, that may be delivered by producers to elevators or railway cars, within any period or periods, either generally or in specified areas or at specified delivery points or otherwise;

• (g) notwithstanding anything in this Part, prohibit the delivery into or receipt by an elevator of any kind of grain, or any grade or quality thereof, either generally or otherwise;

• (h) exclude any kind of grain, or any grade or quality thereof, from the provisions of this Part, in whole or in part, either generally or for any specified period or otherwise;

• (h.1) exempt any elevator from the provisions of this Part, in whole or in part, either generally or for a specified period or otherwise;

• (i) require any kind of grain, or any grade or quality thereof, in any elevator to be delivered into railway cars or lake vessels;

• (j) prohibit the delivery of any kind of grain, or of any grade or quality thereof, out of any elevator into railway cars or lake vessels;

• (k) provide for the allocation of railway cars available for the shipment of grain at any delivery point to any elevator, loading platform or person at the delivery point; and

• (l) require any person engaged in the business of delivering, receiving, storing, transporting or handling grain to make returns to the Corporation of information relating thereto or of any facilities therefor, owned, possessed or controlled by that person.

Marginal note:Inquiries

• 29 (1) The Governor in Council may empower the Corporation to make inquiries and investigations to ascertain the availability of delivery and transportation facilities, supplies of grain and all matters connected with the interprovincial or export marketing of grain, and for that purpose empower the Corporation and the directors to exercise the powers of commissioners under Part I of the Inquiries Act.

• Marginal note:Delivery of grain by other persons

  (2) The Governor in Council may, by regulation, provide that persons other than producers who have become entitled to grain may, notwithstanding anything contained in this Part, deliver grain to an elevator or railway car and the terms and conditions on which the grain may be so delivered.

Marginal note:Regulations respecting outside areas

30 The Governor in Council may, by regulation, apply this Part to grain produced in any area in Canada outside the designated area specified in the regulation and to producers in respect of that grain, and thereafter, until the regulation is revoked, “grain” in this Part means grain produced in the designated area and in the area so specified in the regulation and “producer” means a producer in respect of that grain.

PART IIIInterprovincial and Export Marketing of Wheat by the Corporation

Interpretation

Definition of pool period

31 Subject to section 40, in this Part, pool period means any period or periods, not exceeding one year in the aggregate, that the Corporation may order as a pool period in respect of wheat.

Purchase of Wheat and Initial Payment

Marginal note:Wheat for interprovincial and export trade

• 32 (1) The Corporation shall undertake the marketing of wheat produced in the designated area in interprovincial and export trade and for that purpose shall

  • (a) buy all wheat produced in the designated area and offered by a producer for sale and delivery to the Corporation at an elevator, in a railway car or at any other place in accordance with this Act and the regulations and orders of the Corporation;

  • (b) pay to producers selling and delivering wheat produced in the designated area to the Corporation, 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 Corporation, 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 Corporation;

  • (c) if, under paragraph (b), the sum certain payable to producers in respect of wheat of any grade is increased during a pool period, pay to the holder of a certificate that is referred to in paragraph (d) the amount of the increase in respect of each tonne of wheat of that grade produced in the designated area and sold and delivered to the Corporation during the pool period before the day on which the increase becomes effective; and

  • (d) issue to a producer, who sells and delivers wheat produced in the designated area to the Corporation, a certificate indicating the number of tonnes purchased and delivered and the grade of the wheat, which certificate entitles the holder to share in the equitable distribution of the surplus, if any, arising from the operations of the Corporation with regard to the wheat produced in the designated area sold and delivered to the Corporation during the same pool period.

• Marginal note:Sum to have proper price relationship

  (2) Each sum certain fixed by the Corporation pursuant to paragraph (1)(b) in respect of a grade of wheat other than a base grade shall be an amount that brings the sum certain for that grade into proper price relationship with the sum certain for the base grade.

• Marginal note:Freight adjustment

  (2.1) For the purpose of paragraph (1)(b.1), the Corporation 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 Corporation, fairly represents the difference in the cost of transporting wheat from that point as compared to other delivery points.

• Marginal note:Storage and other delivery-related payments

  (3) The Corporation may, by order, set for any pool period, and pay to each producer, under the conditions set by the Corporation, a sum per tonne on account of storage of wheat on the producer’s farm, interest costs and other delivery-related amounts. Payment shall be made from the account maintained by the Corporation for the pool period during which the wheat was delivered.

• Marginal note:Deferred delivery permit

  (4) On application made to the Corporation by a producer before August 31 in any crop year, the Corporation may, in accordance with such conditions as may be specified in the regulations, issue to the producer a deferred delivery permit to deliver wheat that the producer was authorized but unable to deliver under his permit book during the immediately preceding crop year.

• Marginal note:Option

  (5) Wheat delivered and sold in a crop year under a deferred delivery permit issued pursuant to subsection (4) may, at the option of the producer,

  • (a) be recorded as a delivery and sale by the producer in that crop year; or

  • (b) be deemed for all purposes to have been delivered and sold during the immediately preceding crop year.

Payment of Balance and Interim Payments

Marginal note:Deductions from receipts

• 33 (1) As soon as the Corporation receives payment in full for all wheat sold and delivered to it during a pool period and all credit sales of the wheat in respect of which payment is guaranteed under section 19 have been concluded, there shall be deducted, from the aggregate of the total amount so received, the principal so guaranteed and any interest that accrues during that pool period in respect of sales of wheat on credit concluded during any pool period, all moneys disbursed by or on behalf of the Corporation

  • (a) by way of payment in respect of that wheat and by way of expenses incurred in connection with the operations of the Corporation attributable to that wheat, including

    • (i) the remuneration and allowances of the officers, clerks and employees of the Corporation,

    • (i.1) the remuneration and expenses of the directors of the Corporation,

    • (i.2) the costs of an election of directors of the Corporation in accordance with sections 3.06 to 3.08,

    • (ii) the necessary travel, living and other expenses incurred in the discharge of duties under this Act by the persons referred to in subparagraph (i), and

    • (iii) [Repealed, 1998, c. 17, s. 19]

    • (iv) the estimated expenses of distribution of the balance mentioned in subsection (2), as estimated by the Corporation; and

  • (b) by way of expenses incurred in its operations under Part II relating to pool periods subsequent to July 31, 1950.

• Marginal note:Additional payment

  (1.1) With the approval of the Governor in Council and subject to such terms and conditions as the Governor in Council may prescribe, in addition to any payment authorized by section 32, the Corporation may fix and pay in respect of any pool period a sum per tonne to each producer who has sold and delivered wheat to the Corporation in a railway car during the pool period.

• Marginal note:Distribution of balance

  (2) Subject to sections 33.1 to 33.5, the Corporation shall, after the end of any pool period, distribute the balance remaining in its account in respect of wheat purchased by it during the pool period, after making the deductions from the account provided for in subsection (1) and the payments provided for in subsection (1.1), among holders of certificates issued by the Corporation under this Part during the pool period, by paying on surrender to it of each certificate, unless the Corporation, by order, waives the surrender, to the holder of the certificate, the appropriate sum determined by the Corporation as provided in this Act for each tonne of wheat referred to in the certificate according to grade.

• Marginal note:Interim payments

  (3) Notwithstanding subsection (1), if the Governor in Council, having regard to a report by the Corporation of the effect on its financial position of an interim payment on account of the distribution of the balance referred to in subsection (2), is of the opinion that an interim payment can be made without loss, the Governor in Council may authorize and direct that payment to be made.

• Marginal note:Expenses in relation to international wheat marketing organizations

  (4) Expenses incurred by the Corporation with respect to any international organization for the purposes of marketing wheat and the expenses of any commissioner or officer of the Corporation of and incidental to attendance at meetings of that international organization or any committee thereof shall be deemed to be expenses incurred in connection with the operations of the Corporation within the meaning of this section, but nothing in this subsection shall be construed as authorizing the payment by the Corporation of any contributions required to be paid by Canada to or in support of that international organization or any committee thereof.

• Marginal note:Determination of amounts

  (5) The Corporation 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 Corporation 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.

• Marginal note:Corporation not liable

  (6) There is no liability on the Corporation in respect of a certificate issued pursuant to this Part except as provided in this section.

Marginal note:Early payment

• 33.01 (1) The Corporation may, in accordance with this section, pay to holders of certificates issued by the Corporation under this Part who apply for such a payment, an amount instead of the amount that would be distributed under paragraph 32(1)(c) or section 33.

• Marginal note:Possible gains

  (2) Any gains of the Corporation that may result from the operation of this section may be credited to the contingency fund.

• Marginal note: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).

Deductions for Research

Marginal note:Deductions for research

• 33.1 (1) For the purpose of providing additional funding for plant breeding research into new and improved wheat varieties, the Corporation shall, with the approval of the Governor in Council and at such rate as is fixed by the Governor in Council, make a deduction from the amount to be paid under subsection 33(2) to each holder of a certificate from the balance remaining in the Corporation’s account in respect of wheat.

• Marginal note:Special account

  (2) The Corporation shall establish a special account for each pool period and all deductions under subsection (1) in respect of a pool period shall be credited to the special account for that pool period.

• Marginal note:Payment to research funding agency

  (3) Subject to subsection (4), not later than one hundred and eighty days after the end of each pool period, the Corporation shall pay the balance in the special account for that pool period to such agency, in this section and sections 33.2 to 33.4 referred to as the “research funding agency”, as is designated by the Governor in Council for the purpose of funding research activities.

• Marginal note:Deduction and adjustment for costs

  (4) Before making a payment under subsection (3), the Corporation shall

  • (a) take from the special account an amount equal to the costs the Corporation estimates it incurred and will incur in relation to the making and the administration of the deductions for the pool period in respect of which the account relates; and

  • (b) add to or remove from the account, as the case may be, the difference between the costs actually incurred by the Corporation in relation to the making and the administration of the deductions for the preceding pool period and the amount taken by it pursuant to paragraph (a) in respect of that preceding pool period.

• Marginal note:Distribution by agency

  (5) Subject to subsection (6) and section 33.2, the research funding agency shall distribute moneys received by it pursuant to subsection (3) to persons and plant breeding centres engaged in research activities into new and improved wheat varieties with whom it has entered into research contracts.

• Marginal note:Deduction and adjustment for costs

  (6) Before making a distribution under subsection (5), the research funding agency shall, subject to such agreement as the Minister may enter into with the research funding agency,

  • (a) take from the moneys received pursuant to subsection (3) an amount equal to the costs that it estimates it incurred and will incur in relation to the application of this Part in respect of the pool period to which the moneys relate; and

  • (b) add to or remove from those moneys, as the case may be, the difference between the costs actually incurred by the agency in relation to the application of this Part in respect of the preceding pool period and the amount taken by it pursuant to paragraph (a) in respect of that preceding pool period.

Marginal note:Reserve account

• 33.2 (1) The research funding agency shall establish a reserve account into which a portion, determined in accordance with such rate as may be fixed by the Governor in Council, of the moneys received by it pursuant to subsection 33.1(3) shall be deposited.

• Marginal note:Use of reserve account

  (2) The research funding agency may use the reserve account to fund existing research contracts referred to in subsection 33.1(5) where no deductions are made under subsection 33.1(1) in respect of any pool period or, where such deductions are made, the deductions are insufficient to cover those contracts.

Marginal note:Annual report

33.3 The research funding agency shall, as soon as possible after March 31 in each year and in any event not later than three months after that date, submit to the Minister an annual report, in such form as the Minister may prescribe, of its affairs and operations in relation to this Part during the twelve month period ending on December 31.

Marginal note:Deductions are voluntary

• 33.4 (1) The holder of a certificate may choose to be exempted from the application of section 33.1 for any particular pool period by filing with the Corporation, before such date as is fixed by the Governor in Council, a notice stating that no deduction should be made in respect of that holder.

• Marginal note:Pool period commencing August 1, 1993

  (2) Notwithstanding subsection (1), the Corporation shall make deductions under section 33.1 in respect of the pool period commencing on August 1, 1993 as though no holder of a certificate had filed a notice referred to in subsection (1), but any holder of a certificate who files such a notice with the research funding agency before February 28, 1995 shall, in accordance with the terms and conditions established by the Governor in Council, be paid by the research funding agency an amount equal to the amount deducted for that pool period in respect of that holder.

Marginal note:Exemptions

33.5 The Governor in Council may exempt holders of certificates from the deduction under section 33.1 on the basis of

• (a) the class of wheat sold by them; or

• (b) the province or region where the wheat was produced.

Quality Characteristics within Grades

Marginal note:Action within a grade

34 In taking any action pursuant to section 32, 33 or 37 in respect of a grade of wheat, the Governor in Council or the Corporation may take that action in respect of any wheat within that grade that has an inherent quality characteristic that distinguishes it from any other wheat within that grade as if the wheat having that inherent quality characteristic were wheat of a different grade.

Marginal note:Distribution variations within a grade

35 In carrying out any distribution under subsection 33(2), the Corporation may adjust the appropriate sum determined by the Corporation as provided in this Act for each tonne of wheat referred to therein according to grade in order to pay a premium or make a discount in respect of any wheat within any grade that

• (a) has an inherent quality characteristic that distinguishes it from any other wheat within that grade; or

• (b) was delivered to the Corporation at a delivery point that the Canadian Grain Commission has determined to be a point at which the average of the aggregate wheat of that grade that was delivered to the point during that pool period had an inherent quality characteristic that distinguished it from any other wheat within that grade.

Separate Accounts

Marginal note:Separate accounts

36 The Corporation shall maintain separate accounts with regard to its operations in respect of wheat produced in the designated area sold and delivered to it during each pool period by producers.

Regulations and Authorizations respecting Certificates and Accounts

Marginal note:Regulations

• 37 (1) The Governor in Council may, by regulation,

  • (a) prescribe the form of certificates to be issued to producers delivering and selling wheat to the Corporation pursuant to section 32;

  • (b) prescribe the manner in which the Corporation shall adjust its accounts for any pool period in respect of overages, shortages, adjustment of grades, mixing of wheat, residual amounts of wheat remaining in accounts and other like matters; and

  • (c) prescribe the conditions for and the manner of negotiating a certificate issued under this Part.

• (2) [Repealed, 1998, c. 17, s. 21]

Marginal note:Transfer of wheat from one pool period to subsequent pool period

38 The Governor in Council may authorize the Corporation to 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 Governor in Council deems 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 by producers 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).

Marginal note: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 Governor in Council may authorize the Corporation

  • (a) to 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) to 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.

• Marginal note: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 Governor in Council, on the recommendation of the Corporation, may deem to be for the benefit of producers.

Cash Purchases of Wheat

Marginal note: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 any terms and conditions that the Corporation considers appropriate.

Regulations

Marginal note:Application to wheat produced outside designated areas

• 40 (1) The Governor in Council may, by regulation, apply the provisions of this Part, in respect of wheat produced in any area in Canada outside the designated area, specified in the regulation.

• Marginal note:Definitions

  (2) For the purpose of the application of this Part in respect of wheat produced in any area specified in a regulation made under subsection (1),

  designated area

  région désignée

  designated area shall be construed as referring to the area so specified; (région désignée)

  pool period

  période de mise en commun

  pool period means such period or periods, not exceeding one year, as the Governor in Council may prescribe as a pool period or pool periods in respect of that wheat. (période de mise en commun)

Marginal note:Designated wheat

• 41 (1) The Governor in Council may, by regulation, designate for the purposes of this Part

  • (a) any wheat within any grade of wheat specified in the regulation that has been delivered to the Corporation to be sold by the Corporation to purchasers who, with the consent of the Corporation, have selected and accepted the wheat for a use specified in the regulation;

  • (b) all wheat of any grade of wheat specified in the regulation; or

  • (c) all wheat of any class of wheat specified in the regulation.

• Marginal note:Two or more grades

  (2) No regulation may be made pursuant to paragraph (1)(a) or (b) that specifies less than two grades of wheat.

• Marginal note:Coming into force

  (3) A regulation made pursuant to subsection (1) shall come into force according to the terms of the regulation but not earlier than the beginning of the crop year next following the day on which the regulation is made.

• Marginal note:Time when regulation to be made

  (4) A regulation made pursuant to subsection (1) shall be made not less than five months prior to the day the regulation is to come into force.

Marginal note:Separate application of Part to designated wheat

42 On the coming into force of a regulation made pursuant to subsection 41(1), the provisions of this Part, except sections 40, 41, 43 and 44, apply in respect of the wheat designated by the regulation, with such modifications as the circumstances require, as if the word “wheat” wherever it appears in this Part referred solely to that wheat and as if this Part had been separately enacted in relation thereto.

Marginal note:Grade name

43 The grade name of any wheat designated by a regulation made pursuant to subsection 41(1) is the grade name assigned to that wheat under the Canada Grain Act with the word “designated” inserted immediately preceding the first word or number of the grade name.

Marginal note:Repeal

• 44 (1) A regulation made pursuant to subsection 41(1) shall not be repealed at any time other than at the end of a crop year.

• Marginal note:Transfer of wheat where repeal

  (2) Where a regulation made pursuant to paragraph 41(1)(b) or (c) is repealed, the Governor in Council may authorize the Corporation to transfer all wheat of any grade or class specified in the regulation delivered during any pool period and remaining unsold at the time of the repeal of the regulation to the pool period that commences at that time for wheat not designated by any regulation made pursuant to subsection 41(1).

• Marginal note:Adjustment of accounts

  (3) Where the Corporation transfers wheat under authority given pursuant to subsection (2), the Corporation shall adjust its accounts by crediting to the accounts for each pool period from which the wheat is transferred and charging against the accounts for the pool period into which the wheat is transferred such amount as the Governor in Council deems to be a reasonable price for the wheat so transferred, and all wheat so transferred shall

  • (a) for the purposes of the accounts for each pool period from which the wheat is transferred, be deemed to have been sold and paid for in full for that amount; and

  • (b) in the accounts for the pool period into which the wheat is transferred, be dealt with as though it had been sold and delivered to the Corporation by producers in that 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).

PART IVRegulation of Interprovincial and Export Trade in Wheat

Prohibited Activities

Marginal note:Trading in wheat or wheat products

45 Except as permitted under the regulations, no person other than the Corporation shall

• (a) export from Canada wheat or wheat products owned by a person other than the Corporation;

• (b) transport or cause to be transported from one province to another province, wheat or wheat products owned by a person other than the Corporation;

• (c) sell or agree to sell wheat or wheat products situated in one province for delivery in another province or outside Canada; or

• (d) buy or agree to buy wheat or wheat products situated in one province for delivery in another province or outside Canada.

Regulations

Marginal note:Regulations

46 The Governor in Council may make regulations

• (a) to prescribe forms of documents that may be required under this Part;

• (b) [Repealed, 1998, c. 17, s. 24]

• (b.1) to permit the importation into Canada of wheat or wheat products that are entitled to the United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff and that are owned by a person other than the Corporation subject, if the Governor in Council considers it appropriate, to any of the following requirements, namely,

  • (i) that the wheat be accompanied by an end-use certificate referred to in subsection 87.1(1) of the Canada Grain Act, completed by the person importing the wheat, declaring that the wheat is imported for consumption in Canada and is consigned directly to a milling, manufacturing, brewing, distilling or other processing facility for consumption at that facility,

  • (ii) that the wheat be denatured in a prescribed manner, if the wheat is imported for feed use, or

  • (iii) that the wheat be accompanied by a certificate issued under section 4.1 of the Seeds Act, if the wheat is imported for seed use;

• (b.2) to permit the importation into Canada of wheat or wheat products that are entitled to the Mexico Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff and that are owned by a person other than the Corporation;

• (c) to provide for the granting of licences for the export from Canada, or for the sale or purchase for delivery outside Canada, of wheat or wheat products, which export, sale or purchase is otherwise prohibited under this Part;

• (c.1) granting permission to transport wheat or barley that is not described by a grade name or by reference to a sample taken under 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 expression 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;

• (d) to prescribe the terms and conditions on which licences described in paragraph (c) may be granted, including a requirement for the recovery from the applicant by the Corporation or any other person specified by the regulation, of a sum that, in the opinion of the Corporation, represents the pecuniary benefit enuring to the applicant pursuant to the granting of a licence, arising solely by reason of the prohibition of exports of wheat and wheat products without a licence and then existing differences between prices of wheat and wheat products inside and outside Canada;

• (e) to provide for the granting of licences for the transportation from one province to another province, or the sale or purchase for delivery anywhere in Canada, of wheat or wheat products, which transportation, sale or purchase is otherwise prohibited under this Part, and to prescribe the terms and conditions on which those licences may be granted or the terms or conditions of the permission granted in those licences;

• (f) to empower the Corporation to do such acts and things as may be necessary for the administration of this Part; and

• (g) to provide for any other matter necessary to give effect to this Part.

PART VOther Grains

Application of Parts III and IV

Marginal note:Extension of Parts III and IV to oats and barley

• 47 (1) The Governor in Council may, by regulation, extend the application of Part III or of Part IV or of both Parts III and IV to oats or to barley or to both oats and barley.

• Marginal note:Modifications

  (2) Where the Governor in Council has extended the application of any Part under subsection (1), the provisions of that Part shall be deemed to be re-enacted in this Part, subject to the following:

  • (a) the word “oats” or “barley”, as the case may be, shall be substituted for the word “wheat”;

  • (b) the expression “oat products” or “barley products”, as the case may be, shall be substituted for the expression “wheat products”; and

  • (c) [Repealed, 1995, c. 31, s. 4]

  • (d) subsection 40(2) is not applicable.

• Marginal note:When extension to come into force

  (3) An extension of the application of Part III shall come into force only at the beginning of a crop year.

• Marginal note:Definitions

  (4) For the purposes of this section, product, in relation to any grain referred to in subsection (1), means any substance produced by processing or manufacturing that grain, alone or together with any other material or substance, designated by the Governor in Council by regulation as a product of that grain for the purposes of this Part.

Marginal note:Minister’s obligation

47.1 The Minister shall not cause to be introduced in Parliament a bill that would exclude any kind, type, class or grade of wheat or barley, or wheat or barley produced in any area in Canada, from the provisions of Part IV, either in whole or in part, or generally, or for any period, or that would extend the application of Part III or Part IV or both Parts III and IV to any other grain, unless

• (a) the Minister has consulted with the board about the exclusion or extension; and

• (b) the producers of the grain have voted in favour of the exclusion or extension, the voting process having been determined by the Minister.

PART VIMarketing Plans

Interpretation

Marginal note:Definitions

• 48 (1) In this Part,

  administrator

  administrateur du plan

  administrator means, in respect of a marketing plan, the association or firm designated as administrator of the plan pursuant to section 51 by the order establishing the plan; (administrateur du plan)

  grain

  grains

  grain means

  • (a) rapeseed, and

  • (b) such other grain or variety, grade or class thereof, not required to be marketed through the Corporation, as is designated by the Governor in Council as a grain for the purposes of this Part; (grains)

  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 producer to the administrator; (acompte à la livraison)

  marketing plan or plan

  plan de commercialisation ou plan

  marketing plan or plan means a plan for the marketing in interprovincial or export trade of grain produced and delivered to elevators or grain dealers licensed under the Canada Grain Act by producers who have agreed to participate in the plan and whose permit books are endorsed to that effect that includes provision for the pooling or averaging of all or part of the receipts from the sale of the grain and a system of initial payments to those producers and deduction from the pool of the operational expenses thereof; (plan de commercialisation ou plan)

  pool period

  période de mise en commun

  pool period means, in respect of a marketing plan, the period set as the pool period for the plan pursuant to section 51 by the order establishing the plan; (période de mise en commun)

  producer

  producteur

  producer means a producer actually engaged in the production of grain and any person entitled, as landlord, vendor or mortgagee, to the grain grown by a producer actually engaged in the production of grain or to any share therein. (producteur)

• Marginal note:Application

  (2) This Part applies only in respect of grain produced in the designated area.

• Marginal note:Administration

  (3) Notwithstanding any other provision of this Act, the Corporation is not required, in relation to this Part, to exercise any power vested in it or to perform any duty imposed on it by this Act.

Establishment of Marketing Plans

Marginal note:Proposal to establish marketing plan

• 49 (1) Any association representing a significant number of producers engaged in the production of grain or any association or firm engaged in the processing or marketing of grain in interprovincial or export trade may submit to the Minister for the Minister’s review and recommendation to the Governor in Council a written proposal for the establishment of a marketing plan.

• Marginal note:Proposal to amend marketing plan

  (2) The administrator of any marketing plan may submit to the Minister for the Minister’s review and recommendation to the Governor in Council a written proposal for the amendment of the plan.

• Marginal note:Recommendation of Minister

  (3) Any recommendation of the Minister to the Governor in Council for the establishment or amendment of a marketing plan shall include the proposed terms of the plan or amendment.

Marginal note:Establishment or amendment of marketing plan

50 The Governor in Council may, on the recommendation of the Minister, make an order

• (a) establishing a marketing plan for the purposes of this Part if the Governor in Council is satisfied that a sufficient number of producers of the grain in relation to which the plan is to operate are in favour of the establishment of the plan and that the marketing of the grain through the plan will benefit the producers participating therein; or

• (b) amending or revoking a marketing plan established pursuant to paragraph (a).

Marginal note:Contents of order

• 51 (1) An order establishing a marketing plan shall

  • (a) designate the grain in relation to which the plan is to operate;

  • (b) set out the terms of the plan, including the pool period therefor; and

  • (c) designate as administrator of the plan any incorporated association representing a significant number of producers engaged in the production of the grain or any incorporated association or firm engaged in the processing or marketing of the grain in interprovincial or export trade.

• Marginal note:Not to be inconsistent

  (2) Any term of a marketing plan that is inconsistent with the provisions of this Act is of no force or effect.

Marginal note:Condition precedent to making of order

• 52 (1) No order establishing a marketing plan shall be made unless the proposed administrator of the plan establishes to the satisfaction of the Governor in Council that it is financially able to carry on the proposed plan and has given security by bond, insurance or otherwise sufficient to ensure that all obligations under the plan to producers participating therein will be met.

• Marginal note:Additional security

  (2) Where, while an order establishing a marketing plan is in force, the Governor in Council has reason to believe and is of the opinion that any security given by the administrator of that plan pursuant to this section is not sufficient to ensure that all obligations under the plan to producers participating therein will be met, the Governor in Council may, by order, require the administrator to give, within such period as the Governor in Council considers reasonable, such additional security by bond, insurance or otherwise as, in the opinion of the Governor in Council, is sufficient to ensure that those obligations will be met.

• Marginal note:Enforcement or realization of security

  (3) Any security given by the administrator of a marketing plan pursuant to this section may be realized or enforced by

  • (a) Her Majesty in right of Canada; or

  • (b) any person who has suffered loss or damage by reason of the refusal or failure of the administrator to meet its obligations under the plan.

• Marginal note:Limitation

  (4) The proposed administrator of a marketing plan shall not be required pursuant to this section to give security by insurance against acts of God or the Queen’s enemies.

Initial Payment Guarantee

Definition of eligible plan

• 53 (1) In this section, eligible plan means a marketing plan that includes provision for a system of initial payments in which the initial payments are fixed by the administrator with the approval of the Governor in Council at or before the beginning of each pool period for the duration of that pool period and, except with the approval of the Governor in Council or as directed by the Governor in Council after consultation with the administrator, are not changed thereafter during that pool period.

• Marginal note:Agreements

  (2) The Minister may, with the approval of the Governor in Council, enter into an agreement with the administrator of an eligible plan to provide, in accordance with and subject to such terms and conditions as the agreement prescribes, for the payment by Canada to the administrator of the amount, if any, by which

  • (a) the aggregate of

    • (i) all initial payments paid by the administrator during a pool period in respect of grain the marketing of which is subject to the eligible plan, and

    • (ii) the operating costs paid by the administrator during the pool period in processing, selling and carrying that grain and operating the eligible plan, including any fee paid to the administrator for managing the eligible plan,

  exceeds

  • (b) in the case of an eligible plan in which any surplus derived from the marketing of that grain is distributed to producers participating in the eligible plan, the total sales receipts received by the administrator during the pool period in respect of that grain and any products derived from the processing or manufacturing of that grain, or

  • (c) in the case of an eligible plan wherein any surplus derived from the marketing of that grain is retained by the administrator of the eligible plan and is not distributed to producers participating therein, the total purchase price paid by the administrator during the pool period for that grain.

• Marginal note:Limitation

  (3) The maximum amount payable by Canada to the administrator of an eligible plan under an agreement entered into pursuant to subsection (2) in respect of any pool period is ninety per cent, or such lower percentage as is prescribed by the Governor in Council, of the amount calculated as described in that subsection in respect of that pool period.

Review and Audit

Marginal note:Duties of administrator

• 54 (1) The administrator of every marketing plan shall

  • (a) keep proper accounts, books and records of its operations under this Part;

  • (b) cause an annual audit to be made of the accounts, books and records referred to in paragraph (a) by an auditor appointed by the administrator with the approval of the Minister and send a report of each audit to the Minister;

  • (c) make such reports and furnish such information respecting its operations under this Part as the Minister may from time to time require; and

  • (d) in each year, on or before such day as the Minister may fix, make a written report to the Minister certified by the auditor appointed by the administrator pursuant to paragraph (b) indicating

    • (i) its purchases and sales of grain marketed through the plan during the latest completed pool period,

    • (ii) the amount of such grain owned by it and the financial result of its operations under this Part as at the end of that pool period, and

    • (iii) such other information as the Minister may require.

• Marginal note:Annual review

  (2) The Minister or any person the Minister may designate may review the operation of a marketing plan annually or, where in the opinion of the Minister the circumstances warrant, on a more frequent basis.

Endorsement of Permit Books

Marginal note:Endorsement in permit book

• 55 (1) Every producer who agrees to participate in a marketing plan shall deliver that producer’s permit book to the administrator of the plan and an endorsement shall be made therein in such form as is prescribed by the Governor in Council, containing a notice to the effect that the producer named in the permit book has agreed to participate in the plan.

• Marginal note:Cancellation of endorsement

  (2) Where the producer named in a permit book endorsed pursuant to subsection (1) ceases to participate in the marketing plan in accordance with the terms of the plan respecting termination of participation by producers, the administrator of the plan shall cancel the endorsement in the permit book effective as of the day the producer ceased to participate in the plan.

Inspectors

Marginal note:Inspectors

• 56 (1) The Minister may designate any person as an inspector for the purposes of this Part.

• Marginal note:Powers of inspectors

  (2) An inspector may, at any reasonable time, enter any place, other than a private dwelling-place or any part of a place that is designed to be used and is being used as a permanent or temporary private dwelling-place, in which the inspector believes on reasonable grounds there is any grain the marketing of which is subject to a marketing plan and may examine any books, records or other documents found therein that the inspector believes on reasonable grounds contain any information relating to that grain and make copies thereof or extracts therefrom.

• Marginal note:Certificate to be produced

  (3) An inspector shall be furnished with a certificate of his designation as an inspector and on entering any place referred to in subsection (2) shall, if so required, produce the certificate to the person in charge of that place.

• Marginal note:Assistance to inspectors

  (4) The owner or person in charge of any place referred to in subsection (2) and every person found in that place shall give the inspector all reasonable assistance to enable the inspector to carry out his duties and functions under this Act and shall furnish him with such information respecting any grain found in that place the marketing of which is subject to a marketing plan as the inspector may reasonably require.

Marginal note:Inspection of permit books

57 The provisions of section 65 apply with such modifications as the circumstances require to an inspector designated under this Part as though the inspector were an inspector referred to in that section.

Marginal note:Obstruction of inspectors

• 58 (1) No person shall obstruct or hinder an inspector engaged in carrying out his duties and functions under this Part.

• Marginal note:False statements

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

Regulations

Marginal note:Regulations

59 The Governor in Council may make regulations

• (a) prescribing or designating anything that, pursuant to any provision of this Part, is to be prescribed or designated by the Governor in Council; and

• (b) generally for carrying out the purposes and provisions of this Part.

Prohibited Activities

Marginal note:Contravention of marketing plan by producer

• 60 (1) No producer who has agreed to participate in a marketing plan and whose permit book is endorsed to that effect shall deliver or sell grain contrary to the terms of that plan.

• Marginal note:Contravention of marketing plan by manager or operator of elevator

  (2) No manager or operator of an elevator shall receive delivery of grain the marketing of which is subject to a marketing plan contrary to the terms of that plan.

PART VIIGeneral

Regulations

Marginal note:Regulations

61 The Governor in Council may make regulations for any purpose for which regulations may be made under this Act.

Implementation of the North American Free Trade Agreement

Marginal note:Giving effect to the Agreement

• 61.1 (1) In exercising its powers and performing its duties, the Corporation shall give effect to the provisions of the Agreement that pertain to the Corporation.

• Marginal note: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 any regulations in relation to the Corporation that the Governor in Council considers necessary for the purpose of implementing any provision of the Agreement that pertains to the Corporation.

• Definition of Agreement

  (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.

Borrowing by Agents

Marginal note:Corporation may authorize agents to give security

• 62 (1) Notwithstanding any other statute or law, the Corporation may authorize any person with whom the Corporation enters or has entered into an agreement relating to the handling or receipt of grain for the Corporation, to borrow from any bank on the security of grain delivered to and received by that person, and to give security on that grain, in accordance with the bank’s usual requirements, and the bank may take security on that grain under section 427 or 435 of the Bank Act, and that person shall be deemed to be the owner of that grain for all those purposes.

• Marginal note: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 Corporation only, and the Corporation shall take delivery on the terms of the agreement from the bank in lieu of that person, and pay to the bank the Corporation’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 Corporation, together with charges, allowances and costs provided for in the agreement, and the security thereupon ceases and the Corporation to that extent has clear title to that grain, and those payments are to that extent a complete fulfilment of the Corporation’s obligations to that person in respect thereof as if those payments were made to that person.

Marginal note:Corporation may authorize shipping agents to give security

• 63 (1) Notwithstanding any other statute or law, the Corporation may authorize a person with whom the Corporation enters into an agreement relating to the forwarding or selling of grain to borrow from any bank on the security of grain received by that person from the Corporation and to give security on that grain in accordance with the bank’s usual requirements, and the bank may take security on that grain under the provisions of section 427 or 435 of the Bank Act, and that person shall be deemed to be the owner of that grain for all those purposes.

• Marginal note: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 Corporation only, and the Corporation shall take delivery from the bank in lieu of that person and pay to the bank the Corporation’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 Corporation, together with charges, allowances and costs of transporting that grain to the delivery point, and the security thereupon ceases and the Corporation has a clear title to that grain.

Permit Books

Marginal note:Mutilating or defacing permit book

64 No person shall mutilate or deface any permit book or, except as permitted by the Corporation, erase, alter or in any way change the effect of an entry in a permit book.

Marginal note:Delivery of permit book

• 65 (1) A person having the custody of a permit book shall, at the request of any police officer or any inspector appointed by the Corporation, deliver the permit book to the police officer or inspector.

• Marginal note:Retention

  (2) Where a permit book is delivered to a police officer or inspector appointed by the Corporation, the police officer or inspector, or any other person acting on behalf of the Corporation, may retain possession of the permit book for a period not exceeding fifteen days, or, if an information is laid against a person in respect of an alleged contravention of this Act relating to the permit book or the delivery of any grain thereunder within the period of fifteen days, until all proceedings pursuant to the information have been finally concluded.

• Marginal note:Issue of duplicate in certain cases

  (3) Where a permit book has been delivered to a police officer or inspector appointed by the Corporation, the Corporation may, in the place of returning the permit book to the person by whom it was delivered as required by subsection (2), issue a duplicate permit book to him or confer a temporary permission to deliver grain on any producer entitled to deliver grain under the permit book, and in that case the provisions of this section do not require the permit book to be returned.

Delivery in Contravention of Act

Marginal note:Where grain delivered in contravention of Act

• 66 (1) Where any producer has delivered grain to an elevator in contravention of this Act or the orders of the Corporation, the Corporation may order the manager or operator of the elevator to redeliver grain of an equal grade, quality and amount to the producer and the producer to take delivery from the manager or operator of the elevator of that grain and to repay all moneys, if any, received by him in respect of delivery of the first mentioned grain.

• Marginal note:Compliance not to relieve from punishment

  (2) Compliance by any person with an order of the Corporation made under subsection (1) does not relieve that person from any punishment imposed by this Act in respect of any act or omission by that person in contravention of this Act or a regulation or order.

Social Insurance Number

Marginal note:Application for Social Insurance Number

• 67 (1) Every producer, other than a corporation, who applies to be named in a permit book shall, unless that producer has previously been assigned or made application to be assigned a Social Insurance Number, annex to the application for a permit book an application, in such form as may be prescribed, for the assignment to that producer of a Social Insurance Number.

• Marginal note:Social Insurance Number to be set out in permit book application

  (2) Every producer, other than a corporation, to whom a Social Insurance Number has been assigned shall, in any application for a permit book naming that producer as a producer, set out the Social Insurance Number that has been assigned to that producer.

• Marginal note:Assignment of number and card

  (3) The Corporation shall, on application by a producer, other than a corporation, to whom a Social Insurance Number has not earlier been assigned, cause a Social Insurance Number to be assigned and a Social Insurance Number Card to be issued to that producer.

• Marginal note:Change of name

  (4) Where, at any time, a producer to whom a Social Insurance Number has been assigned changes his name, by reason of marriage or otherwise, that producer shall apply to the Corporation within sixty days of the day the change of name becomes effective for the issue to that producer of a new Social Insurance Number Card in his new name, unless the producer has already made such an application to another authority empowered to receive that application.

Offences and Punishment

Definition of initial payment

• 68 (1) In this section, initial payment means

  • (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 committed; 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.

• Marginal note:Offences

  (2) Every person is guilty of an offence who

  • (a) being required to make any return or declaration under this Act or any regulation or order, furnishes any false information or makes any false statement in that return or declaration or fails fully to complete that return or declaration;

  • (b) makes a false entry in any permit book or other document required to be completed by him under this Act; or

  • (c) contravenes or omits to comply with this Act or any regulation or order.

• Marginal note:Punishment

  (3) Every person who is guilty of an offence under subsection (2) is liable on summary conviction

  • (a) in the case of a producer convicted of an offence relating to the delivery of grain, to a fine of an amount equal to one-third of the initial payment for the grain in relation to which the offence was committed, but that amount shall not be less than fifty dollars or more than three hundred dollars;

  • (b) in the case of an operator or a manager of an elevator convicted of an offence relating to the delivery of grain, to a fine of an amount equal to one-third of the initial payment for the grain in relation to which the offence was committed, but that amount shall not be less than fifty dollars or more than two thousand dollars; and

  • (c) in any other case, to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding two years or to both.

• Marginal note:Corporation offender

  (4) Where a corporation commits an offence under this Act, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence.

• Marginal note:Limitation period for proceedings

  (5) Any proceedings by way of summary conviction in respect of an offence under this Act may be instituted at any time within but not later than two years after the time when the subject-matter of the proceedings arose.

Marginal note:Contracts, etc., in contravention of Act

69 Any contract or agreement for the sale, purchase, or transportation of wheat or wheat products in contravention of this Act or of any regulation or order is void.

Evidence

Marginal note:Document certified by Corporation member

70 In any proceedings in any court or before any justice of the peace taken in respect of any alleged contravention of this Act or of a regulation or order, a document purporting to be certified by a director as a true copy of any order, licence or document made, given or issued by or on behalf of or under the authority of the Corporation shall be admitted as evidence that the order, licence or document of which it purports to be a copy was so made, given or issued and of that order, licence or document.

Summary Procedures

Marginal note:Summary procedures

• 71 (1) Notwithstanding anything in this Act or Part XXVII of the Criminal Code, unless otherwise directed by the Attorney General of Canada, the Corporation may proceed in accordance with sections 72 to 75 in respect of any offence against this Act alleged to have been committed by an actual producer in respect of the delivery of grain, in lieu of following the procedure set out in the Criminal Code in respect of proceedings for summary conviction offences.

• Marginal note:Idem

  (2) Where the Corporation proceeds in accordance with sections 72 to 75 in respect of any alleged offence against this Act, no proceedings shall be taken under Part XXVII of the Criminal Code in respect of the acts or omissions referred to in the contravention notice completed pursuant to section 72 in respect of the alleged offence, except in accordance with those sections.

Marginal note:Contravention notice

• 72 (1) Where it is alleged that an actual producer has committed an offence against this Act in respect of the delivery of grain, an inspector appointed by the Corporation may complete and sign a contravention notice in respect of the offence and shall thereupon give the contravention notice to a peace officer.

• Marginal note:Idem

  (2) A contravention notice shall be in such form and contain such information as may be prescribed by regulation and shall include

  • (a) a statement of the alleged offence, including the kind and quantity of grain alleged to be the subject-matter of the offence;

  • (b) the person to whom any notice disputing the alleged offence may be delivered; and

  • (c) a statement that if the allegation is not disputed in the manner and within the time set out in section 73, the contravention notice will be treated as not disputed and an endorsement reducing delivery rights under the permit book of the actual producer, to the extent referred to in the statement, will be made in that permit book.

• Marginal note:Service of contravention notice

  (3) A peace officer, on receipt of a contravention notice completed pursuant to subsection (1), shall serve the notice on the actual producer named therein by delivering it personally to the producer or, if the actual producer resides outside Canada, by sending it by registered mail to the latest known address of the producer.

Marginal note:Dispute of contravention notice

• 73 (1) An actual producer on whom a contravention notice has been served may, within fourteen days of being served in the case of personal service or within twenty days of the date of the posting of the contravention notice in the case of service by registered mail, deliver to the person referred to in the contravention notice a written notice that the producer disputes the allegation therein.

• Marginal note:Dispute not admissible

  (2) No writing that is executed by an actual producer pursuant to subsection (1) is admissible in evidence against the producer in any criminal proceedings.

Marginal note:Proceedings under Criminal Code

74 Where an actual producer disputes the allegation in a contravention notice, any further proceedings against the producer in respect of the alleged offence shall be taken by way of proceedings under Part XXVII of the Criminal Code.

Marginal note:Procedure where allegation not disputed

• 75 (1) Where the Corporation is satisfied that the actual producer to whom a contravention notice relates has been served with a copy of the notice and that the producer has not disputed the allegation contained in the notice, the Corporation shall, after the expiration of the time prescribed in section 73 for disputing the allegation, cause an endorsement to be made in the permit book of the producer to the effect that the producer’s future delivery rights under that permit book or any permit book issued in substitution therefor for the same or any subsequent crop year are reduced to the extent of

  • (a) any portion of the quantity of grain that was the subject-matter of the offence that has not on the date of the entry been legally entered in the producer’s permit book; and

  • (b) a quantity of grain of the same kind and in the same quantity as the grain that was the subject-matter of the offence.

• Marginal note:Restoration of delivery rights

  (2) Notwithstanding subsection (1), where the Corporation is satisfied that it would be equitable to restore all or any part of the delivery rights of an actual producer, the Corporation may restore those delivery rights.

Declaration

Marginal note:Declaration for the general advantage of Canada

76 For greater certainty, but not so as to restrict the generality of any declaration in the Canada Grain Act that any elevator is a work for the general advantage of Canada, it is hereby declared that all flour mills, feed mills, feed warehouses and seed cleaning mills, whether heretofore constructed or hereafter to be constructed, are and each of them is hereby declared to be works or a work for the general advantage of Canada and, without limiting the generality of the foregoing, every mill or warehouse mentioned or described in the schedule is a work for the general advantage of Canada.

Review by Minister

Marginal note:Access to Information Act

76.1 In the event of a change to the Corporation’s mandate, the Minister shall review the appropriateness of the Corporation’s inclusion in Schedule I to the Access to Information Act.

Coming into Force

Marginal note:Coming into force

*77 Sections 20, 21 and 22 shall come into force on a day to be fixed by proclamation.

• Return to footnote ^*[Note: Sections 20, 21 and 22 not in force.]

SCHEDULE / ANNEXE(Section 76 / article 76)

Mills and Feed Warehouses in Manitoba / Minoteries et fabriques et entrepôts d’aliments pour les animaux (Manitoba)

Owner or Licensee / Propriétaire ou titulaire de licence	Address / Adresse
Benito Flour Mill	Benito
Harrison Milling & Grain Company Limited	Holmfield
Kent Flour Mills Limited, B. P.	Virden
Maple Leaf Mills Limited	St-Boniface
Ogilvie Flour Mills Company Limited	Winnipeg
Soo Line Mills Limited	Winnipeg
Steinbach Flour Mills Limited	Steinbach

Owner or Licensee / Propriétaire ou titulaire de licence	Address / Adresse
Arnott and McElroy	Darlingford
Ayotte, Leo	St-Jean-Baptiste
Beavis, J. Allan	Crystal City
Benekom Seed & Grain Company Limited	Pilot Mound
Bradley Seed Farms	Portage-la-Prairie
Brett-Young Seeds Limited	Winnipeg
Colin C. Campbell & Son	Reston
Carberry Seed Plant	Carberry
Carruthers, M. W.	Darlingford
Chanel, J.	Somerset
Charles, Gordon	Minnedosa
Clements Farms Equipment Limited	Russell
Co-operative Vegetable Oils	Altona
Cypress River Seeds Limited	Cypress River
DeJaegher, C.	Greenway
Einarson Seed & Feed Company Limited	Glenboro
Ellis Seed & Feed Company	Wawanesa
Emerson Grain Products Limited	Emerson
Evergreen Seed Farms	Rosenort
Farmers Co-operative Seed Cleaning Plant	Rivers
Faurschou, J. L.	Portage-la-Prairie
Federal Grain Limited	Winnipeg
Fields & McCallum	Roland
Friesen Brothers	Morris
Graham, G. M. & G. R.	Foxwarren
Grandview Seed House	Grandview
Guderian, H.	Thornhill
Harders Seed Service	Plum Coulee
Hutton Brothers	Clanwilliam
Imperial Seed Company Limited	Winnipeg
Johnson & Son, S. S.	Arborg
Kehler Feed & Seed Company Limited	Niverville
Killarney Seed Service Limited	Killarney
Krocker Seed Limited	East Kildonan
Laycock, R. M.	Rosebank
Lindenberg Brothers Limited	Brandon
McCabe Grain Company Limited	St-Boniface
McCallister Seed Cleaners Limited	Portage-la-Prairie
McElroy, R. C.	Darlingford
McKenzie, A. E. Company Limited	Brandon
McKenzie, Neil	Portage-la-Prairie
Manitoba Pool Elevators	St-Boniface
Marian, Edward	Dufrost
Melita Seed & Feed Company	Melita
Nickel, J. B.	Rosenfeld
Norfolk Seed & Feed Company	McGregor
Notre Dame Seed Plant	Notre-Dame-de-Lourdes
Ralph, Gerald	Clearwater
Reimer, Dave	Pilot Mound
Riediger, J. P. & Sons	Morden
Riediger’s Feed & Seed Service	Manitou
Ritz and Company, Henry	Gretna
Ronceray, Paul	Somerset
Rose, D. R.	Carroll
Roy Trading Company	St-Jean-Baptiste
Rusywick, Phillip	St-Claude
Schade, Otto	Starbuck
Searle Grain Company Limited	Winnipeg
Souris Seed & Feed Limited	Souris
Sperling Seed Cleaning Plant	Sperling
Steele Briggs Seeds Limited	Winnipeg
Swan River Seed Plant	Swan River
Swanton Seed Service Limited	Carman
United Grain Growers Limited	Winnipeg
Wiebe, Henry	La Rivière
Wilkinson, J. B.	Portage-la-Prairie
Willanbea Seed Cleaners	Souris
Wood, E. J.	Killarney

Owner or Licensee / Propriétaire ou titulaire de licence	Address / Adresse
Altona Feed Service Limited	Altona
Benito Flour & Feed Mill	Benito
Canada Packers Limited (Shur-Gain Division)	St-Boniface
Central Grain Company Limited	St-Boniface
Dufferin Feed Service Mill	Carman
Economy Grain & Feed Company Limited	Winnipeg
Einarson Seed & Feed Company Limited	Glenboro
Ellison’s Feed Mill	Teulon
Fairway Milling & Grain Company Limited	St-Boniface
Federal Grain Limited (Winnipeg Elevator)	Winnipeg
Federated Co-operatives Limited	Winnipeg
Feed-Rite Mills (1962) Limited	Winnipeg
Fournier Mobile Feed Service Limited	La Broquerie
Friendly Family Feeds Limited	Steinbach
Grunthal Feed Service Limited	Grunthal
Hart Feeds	Ste-Anne
Haskett Feed Service Mill	Haskett
Horndean Feed Service	Horndean
Inter-Lake Flour & Feed Company	Arborg
Inter-Ocean Grain Company Limited (Winkler Mills Division)	Winkler
John’s Feed Service	Grandview
Kady-Lo Feed Service	Shoal Lake
Kehler Feed & Seed Company Limited	Niverville
Kenmore Industries Limited	St-Boniface
Kent Flour Mills Limited, B. P.	Virden
Killarney Feed Service Mill	Killarney
Kleefeld Co-operative Dairy Limited	Kleefeld
Laing Brothers Limited	Winnipeg
Laiterie Co-opérative de La Broquerie	La Broquerie
Landmark Feed Mill Limited	Landmark
Lockport Feed Service Mill	Lockport
Loewen & Company Limited, P. J.	Giroux
Maple Leaf Mills Limited	St-Boniface
McCabe Grain Company Limited	Brandon
McCabe Grain Company Limited	St-Boniface
Minnedosa Feed Mill	Minnedosa
National Grain Company Limited (Feed Mill)	Dauphin
National Grain Company Limited (Feed Mill)	Swan River
Noiseux Mobile Feed Service, Phil.	St-Norbert
North West Flour Mills	Fisher Branch
Ogilvie Flour Mills Company Limited	Winnipeg
Parrish & Heimbecker Limited	Boissevain
Parrish & Heimbecker Limited	Brandon
Parrish & Heimbecker Limited	Gimli
Parrish & Heimbecker Limited	Gladstone
Parrish & Heimbecker Limited	Neepawa
Pilot Mound Feed Service	Pilot Mound
Pioneer Grain Company Limited	Carey
Portage Feed Mill	Portage-la-Prairie
Producers Feeds (Manitoba) Limited	Dauphin
Rempel Equipment Company	Steinbach
Riediger’s Feed & Seed Service Limited	Manitou
Riediger & Sons Limited, J. P.	Morden
Ritz & Company, Henry	Gretna
Roblin Flour Mills	Roblin
Rosenort Feed Service Limited	Rosenort
Selkirk Feed Mill	Selkirk
Somerset Feed Mill	Somerset
Souris Seed & Feed Limited	Souris
Steinbach Hatchery Limited	Steinbach
Swift Canadian Company Limited	St-Boniface
Valley Feed Service	Morris
Victoria Products Company Limited	St-Boniface
Winkler Feed Service Limited	Winkler

Mills and Feed Warehouses in Saskatchewan / Minoteries et fabriques et entrepôts d’aliments pour les animaux (Saskatchewan)

Owner or Licensee / Propriétaire ou titulaire de licence	Address / Adresse
Esterhazy Flour Mill	Esterhazy
Humboldt Flour Mills Limited	Humboldt
Quaker Oats Company of Canada Limited	Saskatoon
Robin Hood Flour Mills Limited	Saskatoon
Saskatchewan Wheat Pool — Industrial Division, Flour Mill	Saskatoon
Viscount Grist Mill	Viscount
Yorkton Milling Company Limited	Yorkton
Wynyard Flour Mill	Wynyard

Owner or Licensee / Propriétaire ou titulaire de licence	Address / Adresse
Bell’s Limited	Prince Albert
Campbell, L. H.	Pense
Early Seed & Feed Limited	Aylsham
Early Seed & Feed Limited	Saskatoon
Eastman, S. W.	Melfort
Farr, Glenn A.	Lewvan
Federal Grain Limited	Unity
Heil, G.	Abernethy
Humboldt Flour Mills Limited	Humboldt
Hyndman, A. T.	Balcarres
Jackson’s Seed & Feed	Kindersley
Jim’s Seed Cleaning Plant	Kelvington
Lawrence Brothers	Meskanaw
McCabe Grain Company Limited	Nipawin
McCabe Grain Company Limited	Regina
Newfield Seeds Limited	Carragana
Newfield Seeds Limited	Nipawin
Nodrick Seeds Limited	Tisdale
Northeastern Seed Company Limited	Yorkton
Parrish & Heimbecker Limited	Regina
Peterson, S. P.	Wynyard
Phillip’s Seed Farm	Tisdale
Purdy & Blacklaws Limited	Tisdale
Redvers Agriculture & Supply Limited	Redvers
Riverview Seeds Limited	Nipawin
Saskatchewan Wheat Pool	Moose Jaw
Saskatchewan Wheat Pool	Regina
Saskatchewan Wheat Pool	White Fox
Schoonover, L. A.	Ridgedale
Steele Briggs Seeds Limited	Regina
Tonn, C. H.	Preeceville
United Grain Growers Ltd.	Dinsmore
Vandeveld, R.	Viscount
Weyburn Co-operative Seed Plant	Weyburn

Owner or Licensee / Propriétaire ou titulaire de licence	Address / Adresse
Beechy Feeds Limited	Beechy
Bell’s Limited	Prince Albert
Burns Foods Limited (Vigor Feed Division)	Prince Albert
Burns Foods Limited (Vigor Feed Division)	Regina
Early Seed & Feed Limited	Saskatoon
Federated Co-operatives Limited	Saskatoon
Ferguson’s Custom Feedlots Limited	Drinkwater
Intercontinental Packers Limited	Saskatoon
Inter-Ocean Mills	Moosomin
Lloydminster & District Agricultural Co-op. Assoc. Limited	Lloydminster
McCabe Grain Company Limited	Moose Jaw
Moose Jaw Co-operative Association Limited	Moose Jaw
Myers Feeds Limited	Hughton
National Grain Company Limited	Biggar
National Grain Company Limited	Carlyle
National Grain Company Limited	Unity
Parrish & Heimbecker Limited	Radisson
Premier Feeds Company Limited	North Battleford
Premier Feeds Company Limited	Preeceville
Premier Feeds Company Limited	Wynyard
Producers Feeds (Sask.) Limited	Melville
Quaker Oats Company of Canada Limited	Saskatoon
Redvers Agriculture & Supply Limited	Redvers
Smith Hatcheries	Tisdale
Taylor’s Flour & Feed Mill	Saskatoon
United Grain Growers Limited	Regina
United Grain Growers Limited	Wilkie
Weyburn Mills Division — Inter-Ocean Grain Company Limited	Weyburn
Yorkton Milling Company Limited	Yorkton

Mills and Feed Warehouses in Alberta / Minoteries et fabriques et entrepôts d’aliments pour les animaux (Alberta)

Owner or Licensee / Propriétaire ou titulaire de licence	Address / Adresse
Byers Flour Mills Limited	Camrose
Ellison Milling and Elevator Company Limited	Lethbridge
Maple Leaf Mills Limited	Calgary
Maple Leaf Mills Limited	Medicine Hat
Ogilvie Flour Mills Company Limited	Edmonton
Ogilvie Flour Mills Company Limited	Medicine Hat
Pillsbury of Canada Limited	Calgary
Robin Hood Flour Mills Limited	Calgary
Vulcan Flour Mills	Vulcan

Owner or Licensee / Propriétaire ou titulaire de licence	Address / Adresse
Alberta Wheat Pool	Camrose
Alberta Wheat Pool	Grande-Prairie
Alberta Wheat Pool	Sangudo
Asgrow Seed Company of Canada Limited	Brooks
B.C. Pea Growers	Brooks
Bogoch Export Limited	Edmonton
Canwest Seed Company Limited	Beaverlodge
Canwest Seed Company Limited	Coronation
Canwest Seed Company Limited	Edmonton
Canwest Seed Company Limited	Falher
Canwest Seed Company Limited	Manning
Canwest Seed Company Limited	Sangudo
Chinook Seeds Limited	Lethbridge
Crown Seed & Feed Limited	Calgary
Ellison Milling & Elevator Company Limited	Foremost
Ellison Milling & Elevator Company Limited	Lethbridge
Foster’s Seed & Feed Limited	Albright
Foster’s Seed & Feed Limited	Beaverlodge
The Hadford Company Limited	Warner
Hannas Seeds Limited	Lacombe
Hannas Seeds Limited	Smoky Lake
Imperial Seed Company Limited	Calgary
Ken Long Seeds Limited	Cardston
Maple Leaf Seeds	South Edmonton
McCabe Seeds Limited	Brooks
McCabe Seeds Limited	Edmonton
McKenzie Company Limited, A. E.	Calgary
Milk River Grain Company Limited	Milk River
Montana Mustard Seed Company	Lethbridge
O’Loane, Kiely and Company Limited	Lethbridge
Pike & Company Limited	Edmonton
Pincher Creek Co-operative	Pincher Creek
Red Deer Seed Company Limited	Red Deer
Schiebout Seeds Limited	Barons
Smith Seed Cleaners Limited	Bow Island
Steele Briggs Seed Company Limited	Edmonton
Steele Robertson Limited	Boyle
Steele Robertson Limited	Edmonton
Steele Robertson Limited	Grande-Prairie

Owner or Licensee / Propriétaire ou titulaire de licence	Address / Adresse
Airdrie Feed Service Limited	Airdrie
Alberta Flour & Feed Limited	Edmonton
Athabasca Feed & Seed Limited	Athabasca
Barrhead Feed Mill Limited	Barrhead
Beiseker Feed Mill Limited	Beiseker
Bentley Farm Supply Limited	Bentley
Burns Foods Limited (Vigor Feed Division)	Calgary
Burns Foods Limited (Vigor Feed Division)	Edmonton
Butte Feeds Limited	Picture Butte
Butterwick Farm & Ranch Supplies Limited	Rocky Mountain House
Byers Flour Mills Limited	Camrose
Calgary Co-operative Fur Farmers Association	Calgary
Calgary Feed Service Limited	Nose Creek
Calgary Feed Service Limited	Midnapore
Calmar Feed Service Limited	Calmar
Canada Packers Limited (Shur-Gain Division)	Calgary
Canada Packers Limited (Shur-Gain Division)	Edmonton
Canada Packers Limited (Shur-Gain Division)	Innisfail
Canada Packers Limited (Shur-Gain Division)	Lacombe
Canada Packers Limited (Shur-Gain Division)	Lethbridge
Canada Packers Limited (Shur-Gain Division)	Linden
Canada Packers Limited (Shur-Gain Division)	Medicine Hat
Canada Packers Limited (Shur-Gain Division)	Ponoka
Canada Packers Limited (Shur-Gain Division)	Red Deer
Canada Packers Limited (Shur-Gain Division)	Wetaskiwin
Canwest Grain Company	Edmonton
Castor Seed & Feed Limited	Castor
Claresholm Feed Service	Claresholm
Clover Bar Machinery Industries Limited	Clover Bar
Coaldale Feed Supplies	Coaldale
Cowley Feed & Seed Service	Cowley
Crown Seed & Feed Limited	Calgary
Curtis Feed Service	Morinville
Donalda Feed Service Limited	Donalda
Drumheller Feed & Supply Limited	Drumheller
Eckville Co-operative Association Limited	Eckville
Economy Feed Service Limited	Lethbridge
Edberg Feed Service	Edberg
Ellison Milling & Elevator Company Limited	Cardston
Ellison Milling & Elevator Company Limited	Lethbridge
Ellison Milling & Elevator Company Limited	Magrath
Ellison Milling & Elevator Company Limited	Picture Butte
Ellison Milling & Elevator Company Limited	Raymond
Federated Co-operatives Limited	Calgary
Federated Co-operatives Limited	Edmonton
Foster’s Seed & Feed Limited	Beaverlodge
Four-Way Wholesale	Edson
Gold Medal Feeds (1965) Limited	Calgary
Gole & Sons Producers Limited	Didsbury
Goudreau’s Feed Service	Beaumont
Grande Prairie Feed Service Limited	Grande-Prairie
Holt’s Farm & Ranch Supplies Limited	Lloydminster
Killam Feed Mill and Farm Supplies Limited	Killam
Lamont Feed Service	Lamont
Love Feeds Limited	Calgary
Mair Feed Service Limited	Stony Plain
Manning’s Feed Service	Delburne
Maple Leaf Mills Limited	Calgary
Maple Leaf Mills Limited	Edmonton
Maple Leaf Mills Limited	Medicine Hat
Mayerthorpe Feed & Seed	Mayerthorpe
McCabe Grain Company Limited	Carstairs
McCabe Grain Company Limited	Edmonton
McCabe Grain Company Limited	Okotoks
McCabe Grain Company Limited	Ponoka
McCabe Grain Company Limited	Wetaskiwin
Montalbetti Brothers Limited	Bluffton
Munro’s Feed & Seed Limited	Nanton
National Grain Company Limited	Amisk
National Grain Company Limited	Chauvin
National Grain Company Limited	Delia
National Grain Company Limited	Hanna
National Grain Company Limited	Holden
National Grain Company Limited	Irma
National Grain Company Limited	Manville
National Grain Company Limited	Marwayne
National Grain Company Limited	Provost
National Grain Company Limited	Vermilion
National Grain Company Limited	Warburg
Newell Feed & Supply Limited	Brooks
North Edmonton Mobile Feed Limited	Edmonton
North West Mill & Feed Company Limited	South Edmonton
Ogilvie Flour Mills Company Limited	Edmonton
Ogilvie Flour Mills Company Limited	Medicine Hat
Okotoks Feed Service	Okotoks
Parrish & Heimbecker Limited	Big Valley
Parrish & Heimbecker Limited	Bruderheim
Parrish & Heimbecker Limited	Cochrane
Parrish & Heimbecker Limited	Crossfield
Parrish & Heimbecker Limited	High River
Parrish & Heimbecker Limited	Janet
Parrish & Heimbecker Limited	Leduc
Parrish & Heimbecker Limited	Olds
Parrish & Heimbecker Limited	Stettler
Parrish & Heimbecker Limited	Three Hills
Peace River Livestock Co-operative Limited	Fairview
Penhold Feed Service	Penhold
Red Deer Co-operative Feed Mill	Red Deer
Red Deer Seed Company Limited (Feed Division)	Red Deer
Samoil Feed Service	Lavoy
Select Feeds Limited	Taber
Shield Manufacturing Limited	Vegreville
South Edmonton Feed Mill Limited	Edmonton
Southern Feeds Limited	Lethbridge
Spruce Grove Feed & Farm Supplies Limited	Spruce Grove
Sterling Flour Mills Limited	Strome
Stettler Feed & Fertilizer Limited	Stettler
St. Paul Feed Mill	St. Paul
Sundre Feed & Farm Supplies Limited	Sundre
Superior Feed & Supply Limited	Rockyford
Superior Feed & Supply Limited	Strathmore
Swift Canadian Company Limited	Calgary
Swift Canadian Company Limited	Edmonton
Taber Feed Mill	Taber
Thorhild Feed Service	Thorhild
Thorsby Feed Service	Thorsby
United Feeds Limited	Bashaw
United Feeds Limited	Forestburg
United Feeds Limited	Innisfail
United Feeds Limited	Josephburg
United Feeds Limited	Olds
United Feeds Limited	Rimbey
United Grain Growers Limited	Clive
United Grain Growers Limited	Onoway
United Grain Growers Limited	South Edmonton
Vermilion Feed Mill	Vermilion
Viking Feed Service	Viking
Vulcan Flour Mills	Vulcan
Westlock Feed Mill Limited	Westlock
Wetaskiwin Co-operative Association Limited	Wetaskiwin
XL Feed & Supply Limited	Bassano

Mills and Feed Warehouses in British Columbia / Minoteries et fabriques et entrepôts d’aliments pour les animaux (Colombie-Britannique)

Owner or Licensee / Propriétaire ou titulaire de licence	Address / Adresse
National Grain Company Limited	Dawson Creek
North Peace Feeds Limited	Fort St. John
Sunset Seed Company Limited	Creston
United Grain Growers Limited No. 1	Dawson Creek

Owner or Licensee / Propriétaire ou titulaire de licence	Address / Adresse
Fort St. John Seed Processors	Fort St. John
Foster’s Seed & Feed Limited	Fort St. John
South Peace Grain Cleaning Co-operative	Dawson Creek

• S.R., ch. C-12, ann