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

Marginal note:Obstruction

• 89 (1) No person shall obstruct or hinder an inspector in the carrying out of his duties and functions under this Act.

• Marginal note:False statements

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

Marginal note:Seizure and report

• 90 (1) An inspector may seize any documents or records that he or she has reasonable grounds to believe contain or are evidence that an offence under this Act was committed — and, in any event, shall without delay report to the Commission the facts ascertained by him or her — if he or she has reasonable grounds to believe that

  • (a) any offence under this Act was committed;

  • (b) any grain, grain product or screenings in an elevator are infested or contaminated;

  • (c) any equipment in an elevator is in such condition that grain, grain products or screenings cannot safely or accurately be weighed or handled in the elevator; or

  • (d) an elevator is in any condition that causes danger to persons or loss or deterioration of grain, grain products or screenings stored in it.

• Marginal note:Detention

  (2) Documents or records seized pursuant to subsection (1) shall not be detained after the expiration of thirty days from the seizure unless before that time proceedings in respect of an offence under this Act, in respect of which the documents or records contain or are evidence, have been instituted, in which event the documents or records may be detained until the proceedings are finally concluded.

Investigations and Arbitration

Marginal note:Investigations

• 91 (1) The Commission has jurisdiction to and may, on receiving a report from an inspector pursuant to section 90 or at any other time, investigate

  • (a) the grading and weighing of any grain at an elevator;

  • (b) the deduction made from any grain for dockage or shrinkage at an elevator;

  • (c) [Repealed, 2012, c. 31, s. 381]

  • (d) any allegation that an elevator is operated in an unfair or a discriminatory manner;

  • (e) the loss or deterioration of any grain during storage or treatment at an elevator;

  • (f) the charges for services provided by a licensee pursuant to his licence;

  • (g) any failure or refusal of a licensee to pay any fees for services provided by the Commission or to comply with any provisions of this Act or any regulation, order or licence made or issued pursuant to this Act;

  • (g.1) [Repealed, 2011, c. 25, s. 30]

  • (h) any complaint by a person with respect to any matter within the jurisdiction of the Commission; and

  • (i) any other matter arising out of the performance of the duties of the Commission.

• Marginal note:Designation

  (2) The Commission may designate one commissioner to conduct any investigation under this section that is not in the nature of a hearing.

Marginal note:Arbitration

92 The Commission or a commissioner has capacity, with the consent of the parties involved, to act as an arbitrator in any dispute respecting grain or commercial transactions relating to grain.

Marginal note:Arbitration — certain contracts

• 92.1 (1) On the written request of one of the parties to a contract that includes provisions that are required by a regulation made under paragraph 116(1)(s.2), the Commission, a commissioner or a third party appointed by the Commission has capacity to act as an arbitrator in any dispute respecting those provisions.

• Marginal note:Remuneration

  (2) The Commission may fix the remuneration to be paid to it or, if a third party is acting as arbitrator, to the third party for the arbitration.

• Marginal note:Determination of costs

  (3) The Commission shall determine the costs related to the arbitration.

• Marginal note:Allocation of remuneration and costs

  (4) The arbitrator shall decide how to allocate between the parties the payment of the remuneration and the costs to the Commission or the third party, as the case may be.

• Marginal note:Decision binding

  (5) The arbitrator’s decisions are binding on the parties.

• Marginal note:Third-party arbitrator

  (6) If the arbitrator is a third party, the arbitrator’s decisions are deemed to be the Commission’s decisions.

• Marginal note:Order to comply

  (7) The Commission may, by order, require a licensee to comply with a decision made under this section.

Orders Respecting Operations or Suspending Licences

Marginal note:Restriction of operations and suspension of licence

• 93 (1) If, on receiving the report of an inspector under section 90 or on making an investigation under section 91, the Commission has reasonable grounds to believe that a licensee has failed to comply with any condition of a licence or has committed an offence under this Act or that a condition referred to in paragraph 90(1)(b), (c) or (d) exists in a licensed elevator, the Commission may, by order,

  • (a) require that any grain, grain product or screenings in the elevator be weighed and inspected, for the purpose of determining the amount in stock of the grain, grain product or screenings, as the case may be, in the elevator, by the licensee or a person authorized by the Commission and, to permit the weighing and inspection, prohibit, for any period not exceeding 30 days that is specified in the order, the receipt into or removal from the premises of the elevator, or both, of any grain, grain products or screenings;

  • (b) in the case of a condition referred to in paragraph 90(1)(b), (c) or (d),

    • (i) require that the condition be remedied in such manner and within such time as is specified in the order,

    • (ii) require that such grain, grain products and screenings in the elevator as are specified in the order be stored or disposed of in such manner as the Commission considers equitable, and

    • (iii) prohibit, for such period not exceeding thirty days as is specified in the order, any particular use of the elevator or its equipment; and

  • (c) whether or not the Commission exercises any of the powers conferred by paragraphs (a) and (b), in its discretion, suspend the licence to operate the elevator or the licence to carry on business as a grain dealer for such period not exceeding thirty days as is specified in the order.

• Marginal note:Suspension of licence

  (1.1) If the Commission has reasonable grounds to believe that a licensee has failed to comply with an arbitrator’s decision made under section 92.1, the Commission may, by order, suspend the licence for any period not exceeding 30 days that is specified in the order.

• Marginal note:Licensee’s opportunity to be heard

  (2) Subject to subsection (3), the Commission may not make an order under subsection (1) or (1.1) unless the Commission has afforded the licensee or their representative full and ample opportunity to be heard.

• Marginal note:Immediate restriction or suspension

  (3) If, in the circumstances of any particular case, the Commission considers it necessary in the public interest to do so, it may make an order under subsection (1) or (1.1) without first affording a licensee or their representative an opportunity to be heard but, in that event, the Commission shall, as soon as feasible after making the order, afford the licensee a full and ample opportunity to be heard.

Marginal note:Reinstatement of licence and discontinuance of restriction

• 94 (1) A prohibition or requirement contained in an order made pursuant to subsection 93(1) may be discontinued and a licence suspended pursuant to that subsection may be reinstated before the expiration of any period of prohibition or suspension specified in the order if, in the opinion of the Commission, the prohibition, requirement or suspension has ceased to be or is no longer necessary.

• Marginal note:Extension of period of prohibition or suspension

  (2) Subject to subsection (3), the Commission may, on notice in writing to any licensee affected by an order made pursuant to subsection 93(1), extend a period of prohibition or suspension ordered pursuant to that subsection and, in any such case, shall forthwith notify the licensee affected by the order of the Commission’s action.

• Marginal note:Limitation

  (3) A period of prohibition or suspension ordered pursuant to subsection 93(1) shall not be extended for any period that would result in the aggregate period of the prohibition or suspension being longer than thirty days unless

  • (a) before the expiration of thirty days from the commencement of the period of prohibition or suspension, proceedings have been instituted against the licensee or against the manager of the elevator in respect of an offence under this Act, in which event the period of prohibition or suspension is deemed to be extended, unless otherwise ordered by the Commission, until fourteen days after the proceedings are finally concluded; or

  • (b) the licensee has failed to comply with any requirement of an order made pursuant to subsection 93(1) but the Commission is satisfied that

    • (i) the licensee has taken all reasonable measures to comply with the order and will be able to comply with it within a reasonable time, and

    • (ii) the revocation of the licence of the licensee or the institution of proceedings referred to in paragraph (a) is not warranted in the circumstances of the case,

    in which event the period of prohibition or suspension may be extended by order of the Commission for such further period as the Commission deems reasonable.

Revocation of Licences

Marginal note:Revocation of licence

• 95 (1) The Commission may, by order, revoke a licence to operate an elevator or a licence to carry on business as a grain dealer, as the case may be, if

  • (a) the licensee has failed or refused to comply with any requirement of an order, in relation to the operation of an elevator, made under subsection 93(1) or paragraph 94(3)(b);

  • (a.1) the licensee has failed to comply with an arbitrator’s decision made under section 92.1;

  • (b) the licensee or the manager of a licensed elevator is found guilty of an offence under this Act;

  • (c) the licensee has failed to maintain their security as required by subsection 45.1(1);

  • (d) the licensee has failed to obtain additional security as required by any order made under subsection 49(1); or

  • (e) the licensee has failed to comply with any condition of a licence.

• Marginal note:Limitation

  (2) Subject to subsection (3), except with the consent of the licensee, no licence shall be revoked pursuant to subsection (1) unless the licensee or a representative of the licensee has been afforded a full and ample opportunity to be heard in the matter in relation to which the licence may be revoked.

• Marginal note:Prior opportunity to be heard

  (3) Where the Commission has, pursuant to section 93, afforded a licensee or a representative of the licensee an opportunity to be heard in relation to any matter, the Commission may, in accordance with this section, revoke the licence to operate the elevator or to operate as a grain dealer without affording the licensee a further opportunity to be heard in relation thereto.

Review by Minister

Marginal note:Review by Minister

96 The Minister may, on application made by any interested person, review any order made by the Commission refusing to issue a licence or revoking a licence and where, after considering the application and any material submitted to the Minister in connection therewith, the Minister is of the opinion that the issue of a licence should not have been refused or the licence should not have been revoked, the Minister may in his discretion direct the Commission to issue a licence or to reinstate the revoked licence, as the case may be, on such conditions, if any, relating to the licence as the Minister deems proper.

Orders for Payment

Marginal note:Orders on investigation

97 The Commission may, after any investigation instituted under section 91 and after affording all persons having an interest in the matter under investigation a full and ample opportunity to be heard, make an order

• (a) for the payment, by any complainant, licensee or other person to whom the jurisdiction of the Commission extends, of compensation to any person for loss or damage sustained by that person resulting from a contravention of or failure to comply with any provision of this Act or any regulation, order or licence made or issued pursuant to this Act; and

• (b) for the payment by any licensee of any fees for services payable by the licensee to the Commission pursuant to this Act.

• (c) [Repealed, 2012, c. 31, s. 384]

Public Hearings

Marginal note:Public hearings

• 98 (1) A public hearing may be held by the Commission if the Commission is satisfied that it would be in the public interest to hold such a hearing in connection with

  • (a) an investigation commenced under section 91; and

  • (b) any other matter in respect of which the Commission deems a hearing to be desirable.

• Marginal note:Public hearings on request

  (2) Where

  • (a) this Act requires that any person be given an opportunity to be heard in connection with the issue, refusal to issue, suspension or revocation of a licence or in connection with any investigation into a complaint referred to in paragraph 91(1)(h), and

  • (b) the applicant for the licence, the licensee or the person who is the subject of the complaint requests a public hearing,

  the Commission shall hold a public hearing to hear all persons having an interest in the matter and wishing to be heard in connection therewith.

• Marginal note:Powers of Commission

  (3) The Commission has, in relation to any public hearing held under this section, the powers of a Commissioner under Part I of the Inquiries Act.

• Marginal note:Representation by counsel

  (4) Any person who may be heard at a public hearing under this section may be represented by counsel at the hearing.

Procedure

Marginal note:Notification of order

• 99 (1) A copy of an order of the Commission refusing to issue a licence or revoking a licence or for the payment of any money or apportionment of any loss, together with any written reasons for the decision, shall, after the making of the order, be forwarded in accordance with any rules made pursuant to subsection (2) to each person affected by the order and to such other persons as may be specified in those rules.

• Marginal note:Rules

  (2) The Commission may make rules

  • (a) respecting the procedure for making applications, representations and complaints to the Commission and for the conduct of public hearings held by it; and

  • (b) generally respecting the conduct of the business of the Commission in relation to investigations and public hearings.