Canada Grain Act

Marginal note:Procedure where grain requires treatment or must be disposed of

• 76 (1) Where, in a licensed terminal elevator or licensed transfer elevator, any grain is found to be infested or contaminated, or to have gone or to be likely to go out of condition or otherwise to require treatment,

  • (a) the operator of the elevator shall, without delay, inform the Commission, the principal inspector at the nearest inspection point and, if the grain is specially binned, the persons having an interest or right in the grain;

  • (b) the Commission shall, if it deems it necessary, arrange for the inspection of the grain;

  • (c) the Commission, or a person authorized by the Commission, shall give such directions as to the treatment or disposal of the grain as the circumstances require; and

  • (d) the operator of the elevator shall forthwith treat or dispose of the grain as so directed.

• Marginal note:Mixing prohibited

  (2) Except with the permission of the Commission, no grain in respect of which a direction has been given pursuant to subsection (1) shall thereafter be mixed with other grain.

• Marginal note:Costs of treatment, etc.

  (3) If, under a direction given under subsection (1), grain referred to in an elevator receipt indicating special binning issued by the operator of a licensed terminal elevator or licensed transfer elevator has been treated, shipped or otherwise disposed of, the costs incurred by the operator of the elevator in complying with the direction are recoverable from the persons having an interest or right in the grain in proportion to their respective interests or rights.

• Marginal note:Operator not relieved of statutory or contractual obligation

  (4) Nothing in this section shall be construed as relieving the operator of a licensed terminal elevator or licensed transfer elevator from the performance of any obligation imposed on that operator by or pursuant to this Act or any contract under which any grain came into or remains in the operator’s possession.