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

PART VCarriage of Grain

General

Marginal note:Transport, except by public carrier, restricted

84 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.

Marginal note:Regulations

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

Marginal note:Orders

84.2 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.

Marginal note:Inspection of conveyances

• 85 (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.

Marginal note:Discharge of grain into unfit conveyance prohibited

86 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.

Producer Railway Cars

Marginal note:Application for railway cars

• 87 (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.

87.1 [Repealed, 2011, c. 25, s. 28]

87.2 [Repealed, 2011, c. 25, s. 28]

87.3 [Repealed, 2011, c. 25, s. 28]

PART VIEnforcement and Enforcement Procedures

Inspection and Seizure

Marginal note:Inspection

• 88 (1) Subject to subsection (1.1), an inspector may, at any reasonable time, enter any elevator, any premises of the licensee of an elevator or any premises of a licensed grain dealer in which the inspector has reasonable grounds to believe there is any grain, grain product or screenings owned or possessed by the licensee or any books, records or other documents relating to the operation of the elevator or the business of the grain dealer and may

  • (a) examine the premises and any equipment, grain, grain products and screenings found in the premises;

  • (a.1) take samples of the grain, grain products or screenings; and

  • (b) examine any books, records, bills of lading and other documents that, on reasonable grounds, the inspector believes contain any information relevant to verifying compliance with this Act and make copies of them or take extracts from them.

• Marginal note:Warrant required to enter dwelling-house

  (1.1) Where any premises referred to in subsection (1) is a dwelling-house, an inspector may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (1.2).

• Marginal note:Authority to issue warrant

  (1.2) Where on ex parte application a justice of the peace is satisfied by information on oath

  • (a) that the conditions for entry described in subsection (1) exist in relation to a dwelling-house,

  • (b) that entry to the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, and

  • (c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused,

  the justice of the peace may issue a warrant under his hand authorizing the inspector named therein to enter that dwelling-house subject to such conditions as may be specified in the warrant.

• Marginal note:Use of force

  (1.3) In executing a warrant issued under subsection (1.2), the inspector named therein shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

• Marginal note:Certificate to be produced

  (2) An inspector shall be furnished with a certificate of his designation as an inspector and, on entering any elevator or premises referred to in subsection (1), shall, if so required, produce the certificate to the person in charge thereof.

• Marginal note:Assistance to inspectors

  (3) The licensee or person in charge of any elevator or premises entered by an inspector pursuant to subsection (1) and every person found therein shall give the inspector all reasonable assistance to enable the inspector to carry out his duties and functions under this Act and shall furnish the inspector with any information he may reasonably require with respect to the administration of this Act and the regulations.

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.