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

Marginal note:Sample to be property of the Commission

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

Marginal note:Inspection certificates

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

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

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

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

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

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

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

• Marginal note:Where assignation of grade not necessary

  (1.1) An inspector may, with the approval of the Commission, issue an inspection certificate in prescribed form in respect of grain that has been specially binned or that is or may be marketed on the basis of its specifications rather than a grade established by regulation without assigning any grade to the grain and, in that case, shall indicate in the certificate that the grain is specially binned or, in the case of grain that is or may be marketed on the basis of its specifications, the specifications.

• Marginal note:Additional information

  (2) An inspection certificate shall contain such information, in addition to the information specified in subsection (1) or (1.1), as the case may be, as may be authorized by the Commission.

Marginal note:Transmission of inspection certificate

33 An inspection certificate issued when grain is discharged from a terminal elevator shall be transmitted with the shipping documents relating to the grain.

Marginal note:Cancellation of inspection certificate

34 An inspection certificate issued in respect of any grain later found to have gone out of condition shall be cancelled and, after a subsequent official inspection of the grain, a new inspection certificate shall be substituted for the cancelled certificate.

35 [Repealed, 2012, c. 31, s. 357]

36 [Repealed, 2012, c. 31, s. 357]

37 [Repealed, 2012, c. 31, s. 357]

38 [Repealed, 2012, c. 31, s. 357]

Appeals of Grain Grades

Marginal note:Right of appeal

• 39 (1) Any person who is dissatisfied with the grade assigned to grain on an official inspection may appeal the decision of the inspector in respect of any characteristics of the grain, by way of an application for reinspection of the grain, to the chief grain inspector for Canada.

• Marginal note:Time for appeal

  (2) Except with the Commission’s permission, no appeal lies under this section unless, within 15 days after the decision that is the subject of the appeal is made, notice of the appeal is given to the chief grain inspector for Canada.

Marginal note:Restriction on appeals

40 Except as may be prescribed, no appeal lies under section 39 from the decision of an inspector in respect of the grade assigned

• (a) in respect of a sample of grain taken on receipt of the grain into a primary elevator; or

• (b) to any grain on the discharge of the grain from an elevator.

Marginal note:Duties of chief grain inspector on appeal

• 41 (1) If an appeal is taken, the chief grain inspector for Canada shall

  • (a) inspect the grain to which the appeal relates or a sample of that grain;

  • (b) review the decision appealed;

  • (c) assign to the grain the grade that he or she considers to be the appropriate grade for the grain; and

  • (d) if a grade is assigned to the grain that is different from the grade previously assigned to it, require all inspection certificates, and all other documents specified by the Commission, relating to the grain to be revised accordingly.

• Marginal note:Decision is final

  (2) The decision of the chief grain inspector for Canada is final and conclusive and not subject to appeal to or review by any court.

• Marginal note:Delegation

  (3) The chief grain inspector for Canada may delegate all or part of the duties and functions conferred on him or her under subsection (1).

PART IIILicences and Licensees

Licences

Marginal note:Classes of licences

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

• (a) a primary elevator licence, being a licence to operate a primary elevator;

• (b) a terminal elevator licence, being a licence to operate a terminal elevator;

• (c) [Repealed, 2012, c. 31, s. 360]

• (d) a process elevator licence, being a licence to operate a process elevator; and

• (e) a grain dealer’s licence, being a licence to carry on business as a grain dealer.

Marginal note:Subclasses of licences

43 The Commission may, with the approval of the Governor in Council, make regulations prescribing

• (a) subclasses of the licences established by section 42; and

• (b) any terms and conditions of a licence of any class or subclass.

Marginal note:Prohibition

44 No person shall

• (a) operate an elevator of a type referred to in section 42 unless

  • (i) that person is the holder of a licence issued in respect of the elevator, or

  • (ii) the elevator has been exempted from the licensing requirements of this Act pursuant to section 117; or

• (b) carry on business as a grain dealer unless

  • (i) that person is the holder of a grain dealer’s licence,

  • (ii) the business of that person as a grain dealer has been exempted from the licensing requirements of this Act pursuant to section 117, or

  • (iii) that person deals in grain only in the course of operating a licensed elevator or as a broker trading on a recognized grain exchange.

Marginal note:Issue of licences — primary and process elevators and grain dealers

• 45 (1) Where a person who proposes to operate a primary or process elevator or to carry on business as a grain dealer applies in writing to the Commission for a licence and the Commission is satisfied that the applicant and the elevator, if any, meet the requirements of this Act, the Commission may

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

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

• Marginal note:Issue of licences — terminal and transfer elevators

  (2) Where a person who proposes to operate a terminal or transfer elevator applies in writing to the Commission for a licence and the Commission is satisfied that the applicant and the elevator, if any, meet the requirements of this Act, the Commission may

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

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

• Marginal note:Terms and conditions of licence

  (3) A licence issued pursuant to this section shall be

  • (a) for a term not exceeding five years; and

  • (b) subject to such conditions, in addition to any prescribed conditions, as the Commission deems appropriate in the public interest for facilitating trade in grain.

Marginal note:Refusal to issue elevator licence

• 46 (1) The Commission may refuse to issue an elevator licence if the applicant has not given the security fixed pursuant to section 45 or fails to establish to the satisfaction of the Commission that

  • (a) the premises that the applicant proposes to use are appropriate for the storage and handling of grain; or

  • (b) the elevator is or will be of such a type and in such condition and the equipment of the elevator is or will be of such a type and size and in such condition as to enable the applicant to provide, at the location where the applicant proposes to operate the elevator, the services required by or pursuant to this Act to be provided at that location by a licensee holding a licence of the class for which the applicant has applied.

• Marginal note:Refusal to issue grain dealer’s licence

  (2) The Commission may refuse to issue a grain dealer’s licence if the applicant has not given the security fixed pursuant to section 45.

• Marginal note:Refusal of licence re convictions

  (3) The Commission may refuse to issue a licence if the applicant has been convicted of an offence under this Act within the twelve months immediately preceding the application for the licence and the Commission is satisfied that it would not be in the public interest to issue a licence to the applicant.

• Marginal note:Interpretation

  (4) Nothing in this section shall be construed as a limitation on the powers of the Commission to issue or refuse to issue a licence pursuant to any other provision of this Act.

47 [Repealed, 1994, c. 45, s. 10]