Canada Grain Act

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:Licensee’s opportunity to be heard

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

• Marginal note:Immediate restriction or suspension

  (3) Where, in the circumstances of any particular case, the Commission deems it necessary in the public interest to do so, it may make an order pursuant to subsection (1) without first affording a licensee or a representative of the licensee an opportunity to be heard but, in such event, the Commission shall, as soon as possible after making the order, afford to the licensee a full and ample opportunity to be heard.