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Canada Grain Act (R.S.C., 1985, c. G-10)

Full Document:  

Act current to 2020-10-05 and last amended on 2020-07-01. Previous Versions

PART IVElevators and Grain Dealers and the Handling of Grain by Licensees and Other Persons (continued)

Process Elevators (continued)

 [Repealed, 2012, c. 31, s. 376]

 [Repealed, 2012, c. 31, s. 376]

Grain Dealers

Marginal note:Requirement to issue grain receipt or cash purchase ticket

  •  (1) With respect to the purchase of western grain from a producer of that grain, every licensed grain dealer shall, at the prescribed time and in the prescribed manner, issue a grain receipt or cash purchase ticket stating the grade name, grade and dockage of the grain, and immediately provide it to the producer.

  • (2) [Repealed, R.S., 1985, c. 37 (4th Supp.), s. 24]

  • Marginal note:Commission contracts

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

  • Marginal note:Prohibitions

    (4) No licensed grain dealer shall

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

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

  • R.S., 1985, c. G-10, s. 81
  • R.S., 1985, c. 37 (4th Supp.), s. 24
  • 1994, c. 45, s. 22
  • 2004, c. 25, s. 108

Marginal note:Records and reports

 Every licensed grain dealer shall maintain such records of his business as a grain dealer and make such reports to the Commission in respect of that business as may be prescribed.

  • 1970-71-72, c. 7, s. 68

 [Repealed, 2012, c. 31, s. 377]

Grain Handling Generally

Marginal note:Contracts to be made only by licensees

  •  (1) No person in the Western Division shall, for reward, by way of a profit, commission or otherwise,

    • (a) act on behalf of any other person in buying, selling or arranging for the weighing, inspection or grading of western grain, or

    • (b) make any contract for the purchase of western grain,

    unless that person is a licensee or is employed by a licensee and acts only on behalf of his employer.

  • Marginal note:Exception

    (2) Subject to this Act, a transaction referred to in subsection (1) may be entered into by a person who is not a licensee where the transaction is

    • (a) a contract for the purchase of grain without reference to any grade name on terms whereby the consideration payable under the contract for the purchase of the grain is to be paid in full at the time of the making of the contract or the delivery of the grain;

    • (b) a contract for the purchase of grain whereby the grain is purchased by a producer of grain for use as seed in the producer’s farming operation;

    • (c) a contract for the purchase of grain whereby a person who raises livestock or poultry purchases the grain for feeding the livestock or poultry; or

    • (d) a contract made on the premises of a recognized grain exchange by or through a broker who is a member of the exchange and duly recorded pursuant to the rules of the exchange.

  • R.S., 1985, c. G-10, s. 83
  • 1994, c. 45, s. 24

Declaration Respecting Grain

Marginal note:Obligation to provide declaration

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

  • 2011, c. 25, s. 27
  • 2020, c. 1, s. 67

Marginal note:Regulations

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

  • (a) its form and content;

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

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

  • 2011, c. 25, s. 27
  • 2020, c. 1, s. 67

Marginal note:False or misleading statement

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

  • 2011, c. 25, s. 27
  • 2020, c. 1, s. 67

PART VCarriage of Grain

General

Marginal note:Transport, except by public carrier, restricted

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

  • R.S., 1985, c. G-10, s. 84
  • 1994, c. 45, s. 25
  • 2020, c. 1, s. 67

Marginal note:Regulations

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

  • 2020, c. 1, s. 67

Marginal note:Orders

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

  • 2020, c. 1, s. 67

Marginal note:Inspection of conveyances

  •  (1) An inspector

    • (a) may, at any time, require a public carrier to hold a conveyance of the public carrier containing grain, grain products or screenings at an inspection point for inspection or official inspection of the grain, grain products or screenings; and

    • (b) shall, within twenty-four hours of requiring the public carrier to hold the conveyance, inspect or officially inspect the grain, grain products or screenings.

  • Marginal note:Time for inspection

    (2) A public carrier who is required to hold a conveyance at an inspection point pursuant to subsection (1)

    • (a) shall hold the conveyance at the inspection point until after the inspection or official inspection or the expiration of twenty-four hours from the time when the carrier is so required to hold the conveyance, whichever occurs first; and

    • (b) may then move the conveyance forward.

  • Marginal note:Inspection of conveyances

    (3) An inspector

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

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

  • R.S., 1985, c. G-10, s. 85
  • 1994, c. 45, s. 26

Marginal note:Discharge of grain into unfit conveyance prohibited

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

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

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

  • 1970-71-72, c. 7, s. 70

Producer Railway Cars

Marginal note:Application for railway cars

  •  (1) One or more producers of grain, but not more than the number that the Commission may designate by order, may apply in writing to the Commission, in the prescribed form, for a railway car to receive and carry grain to a terminal elevator or process elevator or to a consignee at a destination other than an elevator, if they have grain in sufficient quantity to fill a railway car and if it may be lawfully delivered to a railway company for carriage to those elevators or other consignee.

  • Marginal note:Allocation of cars

    (2) The Commission shall, in each week, allocate to applications made by producers of grain pursuant to subsection (1), in the order in which the applications are received, available railway cars that enter each shipping control area in that week up to such number or percentage of the available cars entering the area in that week and under such terms and conditions as the Commission may order.

  • R.S., 1985, c. G-10, s. 87
  • 1994, c. 45, s. 27(F)
  • 1998, c. 22, s. 25(F)
  • 2012, c. 31, s. 378
 
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