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

68.1 [Repealed, 2012, c. 31, s. 369]

Terminal Elevators

Marginal note:Receipt of grain

• 69 (1) Subject to section 58 and any order made under subsection (2) or section 118, an operator of a licensed terminal elevator shall, at all reasonable hours on each day on which the elevator is open, without discrimination and in the order in which grain arrives, receive into the elevator all grain that is lawfully offered at the elevator, for which there is available storage accommodation of the type required by the person who offered the grain.

• Marginal note:Orders respecting receipt of grain

  (2) The Commission may, by order, on any conditions that it may specify, authorize or require the operator of a licensed terminal elevator to receive grain that is lawfully offered for storage or transfer at the elevator otherwise than as required by subsection (1).

Marginal note:Weighing on receipt of grain

• 69.1 (1) Subject to subsection (2), and unless exempted by regulation or by order of the Commission, an operator of a licensed terminal elevator shall weigh grain received into the elevator in a manner authorized by the Commission.

• Marginal note:Weighing by third party

  (2) Unless exempted by regulation or by order of the Commission, an operator shall cause the grain to be weighed by a third party authorized by the Commission and chosen by the operator, if the person who caused the grain to be delivered so requests.

• Marginal note:Weighing in manner authorized by Commission

  (3) The third party shall weigh the grain in a manner authorized by the Commission.

• Marginal note:Access

  (4) The operator shall provide the third party with access to the operator’s premises to permit the third party to weigh the grain.

Marginal note:Failure to weigh

69.2 If an operator of a licensed terminal elevator does not comply with subsection 69.1(1) or (2), the person who caused the grain to be delivered may, for the purpose of settling any transaction between that person and the operator in relation to the grain, rely on any record or document that states the weight of that grain before he or she caused it to be delivered.

Marginal note:Inspection by operator

• 70 (1) Subject to subsection (2), and unless exempted by regulation or by order of the Commission, an operator of a licensed terminal elevator shall inspect the grain received into the elevator in a manner authorized by the Commission.

• Marginal note:Inspection by third party

  (2) Unless exempted by regulation or by order of the Commission, the operator shall cause the grain to be inspected by a third party authorized by the Commission and chosen by the operator, if the person who caused the grain to be delivered so requests.

• Marginal note:Third party authorized

  (3) The third party shall inspect the grain in a manner authorized by the Commission.

• Marginal note:Access

  (4) The operator shall provide the third party with access to the operator’s premises to permit the third party to inspect the grain.

• Marginal note:Disagreement — application for reinspection

  (5) If there is any disagreement following an inspection under this section between the operator and the person who caused the grain to be delivered as to the grain’s grade or the dockage, either of them may, in the prescribed manner and within the prescribed time, apply to the chief grain inspector for Canada for a reinspection of the grain. If an application is made, the operator shall forward all samples of grain taken as part of the inspection, or a prescribed portion of them, to the chief grain inspector for Canada within the prescribed time.

• Marginal note:Reinspection

  (6) The chief grain inspector for Canada shall examine the samples of grain, or the portion of them, assign a grade to the grain and determine the dockage. The chief grain inspector for Canada shall provide the operator and the person who caused the grain to be delivered with a copy of his or her decision with respect to the grade and dockage.

• Marginal note:Document revised if grade changed

  (7) If the grade assigned to the grain is different from the grade previously assigned to it, the chief grain inspector for Canada shall require all inspection certificates, and all other documents specified by the Commission, relating to the grain to be revised accordingly.

• Marginal note:Application to entire parcel of grain

  (8) The decision of the chief grain inspector for Canada applies to the entire parcel of grain to which the samples relate.

• Marginal note:Determination final

  (9) 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

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

Marginal note:Failure to inspect

• 70.1 (1) If an operator of a licensed terminal elevator does not comply with subsection 70(1) or (2), the person who caused the grain to be delivered, may apply in writing to the Commission for an order referred to in subsection (4).

• Marginal note:Samples

  (2) The applicant shall sample the grain in the prescribed manner and include all prescribed samples with his or her application.

• Marginal note:Period for making application

  (3) The application shall be made to the Commission within 15 days after the day on which the grain is received in the elevator.

• Marginal note:Commission’s order

  (4) The Commission may, by order,

  • (a) for the purpose of settling any transaction between the applicant and the operator in relation to the grain, declare the grain to be of the highest grade for grain of the kind and class that was delivered; or

  • (b) require that the operator deliver, at his or her own cost, to the applicant grain that has the equivalent characteristics as the grain of the kind and class that was delivered and is of the highest grade for that grain in the same quantity as was delivered.

• Marginal note:Determination of kind and class

  (5) The order must include the Commission’s determination, based on the samples provided with the application, of the kind and class of the grain delivered and its determination of the characteristics of the grain that the applicant requests and that the Commission considers necessary.

• Marginal note:Copy of order

  (6) A copy of the order shall be forwarded in accordance with any rules made under subsection 99(2) to each person affected by the order and to any other person that may be specified in those rules.

Marginal note:Inspection — required by regulation or order

• 70.2 (1) If required by regulation or by order of the Commission, an operator of a licensed terminal elevator shall cause grain received into the elevator to be weighed or inspected by a third party in the manner specified in the regulation or order or cause it to be officially weighed or officially inspected, or any combination of those weighings and inspections.

• Marginal note:Third party

  (2) The third party is authorized by the Commission and chosen by the operator.

Marginal note:Official weighing and inspecting before discharge

• 70.3 (1) Unless exempted by regulation or by order of the Commission, an operator of a licensed terminal elevator shall cause the grain in the elevator — other than grain that is destined for another licensed elevator — to be officially weighed and officially inspected immediately before or during its discharge from the elevator.

• Marginal note:Weighing and inspecting before discharge

  (2) Unless exempted by regulation or by order of the Commission, an operator of a licensed terminal elevator shall weigh and inspect, in the manner authorized by the Commission, grain in the elevator that is destined for another licensed elevator immediately before or during its discharge from the elevator.

• Marginal note:Weighing and inspecting by third party

  (3) Unless exempted by regulation or by order of the Commission, the operator of the licensed terminal elevator discharging the grain shall cause it to be weighed or inspected, or both, by a third party authorized by the Commission and chosen by the operator if the operator of the licensed elevator destined to receive the grain so requests.

• Marginal note:Third party authorized

  (4) The third party shall weigh or inspect the grain, or do both, as the case may be, in a manner authorized by the Commission.

• Marginal note:Access

  (5) The operator of the licensed terminal elevator discharging the grain shall provide the third party with access to the operator’s premises to permit the third party to weigh or inspect the grain, or do both, as the case may be.

Marginal note:Accept or refuse to receive grain

• 70.4 (1) If an operator of a licensed terminal elevator discharging grain does not comply with subsection 70.3(2) or (3), the operator of the licensed elevator destined to receive the grain may refuse to receive the grain.

• Marginal note:Grain received

  (2) If the operator of the licensed elevator destined to receive the grain agrees to receive it, the operator shall weigh the grain, sample it in the prescribed manner and forward all samples to the Commission.

• Marginal note:Decision

  (3) The Commission shall examine the samples, assign a grade to the grain and determine the dockage. The Commission shall provide the operator of the licensed terminal elevator discharging the grain and the operator of the licensed elevator that agreed to receive that grain with a copy of its decision with respect to the grade and dockage.

• Marginal note:Application to entire parcel of grain

  (4) The Commission’s decision with respect to the grade and dockage applies to the entire parcel of grain to which the samples relate.

Marginal note:Period for retaining samples

70.5 An operator of a licensed terminal elevator shall retain for the prescribed period any sample of grain taken as part of an inspection under subsection 70(1) or (2) or section 70.2 or 70.3.

Marginal note:Dockage removed

70.6 Except as may be authorized or required by regulation or by order of the Commission, an operator of a licensed terminal elevator shall remove from the grain received into the elevator the dockage that is required to be removed by the inspection certificate.

Marginal note:Elevator receipt

• 71 (1) On receipt of grain into a licensed terminal elevator, the operator of the elevator shall, if the grain has been weighed under subsection 69.1(1) or (2), or inspected under subsection 70(1) or (2) or weighed or inspected — officially or otherwise — under section 70.2,

  • (a) immediately issue an elevator receipt for the grain and any screenings that he or she is required to report; and

  • (b) on surrender of the bill of lading relating to the grain, together with evidence of the payment of the charges accrued on the grain before its receipt into the elevator, deliver the elevator receipt to or on the order of the holder of the bill of lading.

• Marginal note:Receipt for grain containing excessive moisture or intermixed with other material

  (2) Despite any provision of this Act relating to the delivery of grain of the same kind, grade and quantity as that referred to in an elevator receipt, if the operator of a licensed terminal elevator issues an elevator receipt for grain to which any grade would be assignable but for its excessive moisture or intermixture with another material removable by treatment, that operator, on the drying or treatment of the grain, as the case may be, shall recall the receipt, assign the grain a grade and issue a new elevator receipt for grain of that grade that is adjusted to the grain’s dried quantity or quantity remaining after the treatment.

• Marginal note:Warning

  (3) The elevator receipt issued for grain referred to in subsection (2) on the receipt of the grain into a licensed terminal elevator shall state that the receipt is subject to recall and adjustment.

• Marginal note:Grain owned by licensee

  (4) If the operator of a licensed terminal elevator becomes the owner of grain removed from screenings in that elevator, the operator may, with the Commission’s permission, issue an elevator receipt in his or her own name for the grain.

Marginal note:Specially binning grain restricted

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

Marginal note:Priority of claims

73 Subject to subsection 77(3), the holder of an elevator receipt issued in respect of grain in a licensed terminal elevator is entitled, in priority to all other claims affecting the grain, to the grain referred to in the receipt or to grain in the elevator of the same kind, grade and quantity as the grain referred to in the receipt.

Marginal note:Discharge from elevator

• 74 (1) Subject to section 86, the operator of a licensed terminal elevator shall without delay discharge into a conveyance referred to in paragraph (b), to the extent of the conveyance’s capacity, the identical grain or grain of the same kind, grade and quantity that any elevator receipt issued by the operator requires if the holder of the receipt who may lawfully deliver grain referred to in that receipt to another elevator or to a consignee at a destination other than an elevator

  • (a) requests that the grain be shipped,

  • (b) causes to be placed at the elevator to transport the grain a conveyance that is capable of receiving grain discharged from the elevator and to which the grain may lawfully be delivered, and

  • (c) surrenders the elevator receipt and pays the charges accrued under this Act in respect of the grain referred to in the receipt.

• Marginal note:Idem

  (2) The operator of an elevator shall be deemed to have discharged grain forthwith as required by subsection (1) if the operator discharges grain in respect of which elevator receipts have been tendered or surrendered and the charges accrued under this Act have been tendered or paid, in the order in which conveyances for the grain are presented and as rapidly as due diligence, care and prudence justify.

Marginal note:Limitation on receipt and discharge

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

• (a) permit any grain that has been officially inspected on discharge from the elevator to be again received into the elevator; or

• (b) permit any grain containing dockage to be discharged from the elevator.