| Charge fixed
includes
charge
determined
|
(2) The reference in paragraph (1)(a) to
maximum charges fixed by the regulations
includes a maximum charge determined
pursuant to the regulations.
|
|
| Temporary
maximum
charges
|
(3) Notwithstanding subsection (1), the
Commission, on receiving a written complaint
from an interested person with respect to the
charge for a service provided by the operator
of a licensed elevator, may, by order, after
giving all interested persons an opportunity to
be heard, fix the maximum charge or a manner
for determining the maximum charge for that
service.
|
|
| Period of
validity of
order
|
(4) An order made under subsection (3)
becomes effective on the day specified in the
order, which day shall not be earlier than the
day the Commission determines that the facts
giving rise to the complaint occurred, and
ceases to be effective at the end of the crop
year in which the order is made or on such
earlier day as is set out in the order for its
expiration.
|
|
| Cease to be in
force
|
(5) Subsections (3) and (4) cease to be in
force on July 31, 1996.
|
|
|
|
15. Subsection 53(2) of the Act is replaced
by the following:
|
|
| Regulations
- special
maximum
storage charge
|
(2) The Commission shall, with the
approval of the Governor in Council, make
regulations prescribing, with respect to a
period referred to in subsection (1), a special
maximum storage charge relating to any type
of storage of grain, grain products or
screenings in licensed elevators of any type
that is lower than the maximum storage charge
authorized to be charged for that storage
pursuant to section 51 and, in so doing, the
Commission may prescribe a different
maximum storage charge with respect to any
period within that period.
|
|
|
|
16. Section 61 of the Act is replaced by the
following:
|
|
| Procedure on
receipt of
grain
|
61. Where grain is lawfully offered at a
licensed primary elevator for sale or storage,
other than for special binning,
|
|
|
|
(a) if the producer and the operator of the
elevator agree as to the grade of the grain
and the dockage, the operator shall, at the
prescribed time and in the prescribed
manner, issue a cash purchase ticket or
elevator receipt stating the grade name,
grade and dockage of the grain, and
forthwith provide the producer with the
cash purchase ticket or elevator receipt; and
|
|
|
|
(b) if the producer and the operator of the
elevator do not agree as to the grade of the
grain or the dockage, the operator shall
|
|
|
|
(i) take a sample of the grain in the
manner prescribed,
|
|
|
|
(ii) deal with the sample in the manner
prescribed,
|
|
|
|
(iii) issue an interim elevator receipt in
the prescribed form, and
|
|
|
|
(iv) on receipt of a report from the
Commission assigning a grade in respect
of the sample and determining the
dockage, issue, at the prescribed time and
in the prescribed manner, a cash purchase
ticket or elevator receipt stating the grade
name of the grain, the grade assigned in
respect of the sample and the dockage so
determined, and forthwith provide the
producer with the cash purchase ticket or
elevator receipt.
|
|
|
|
17. Subsection 65(4) of the Act is replaced
by the following:
|
|
| Warning
|
(4) Each elevator receipt issued by the
operator of a licensed primary elevator shall
bear the following warning:
|
|
|
|
``WARNING: The right of the holder of this
receipt to obtain delivery of the grain
described in the receipt may be altered by
the issuer by notice to the last holder known
to the issuer. Every holder of a receipt
should immediately notify the issuer of
their name and address.
|
|
|
|
AVERTISSEMENT : L'exploitant qui a
délivré le récépissé peut, par avis au dernier
détenteur connu, modifier le droit de
celui-ci d'obtenir livraison du grain faisant
l'objet du récépissé. Les nouveaux
détenteurs doivent lui communiquer sans
délai leurs nom et adresse.''
|
|
| R.S., c. 37
(4th Supp.),
s. 21(1)
|
18. The portion of section 68.1 of the Act
before paragraph (a) is replaced by the
following:
|
|
| Surrender of
elevator
receipt by
holder
|
68.1 An elevator receipt issued pursuant to
section 61 or 62 entitles its holder to delivery
of grain only if the elevator receipt is
surrendered for the delivery of grain within
such period as is prescribed and, where an
elevator receipt is not surrendered within that
period,
|
|
|
|
19. Section 73 of the Act is replaced by the
following:
|
|
| 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 or licensed
transfer elevator is entitled, in priority to all
other claims affecting the grain, to the grain
described in the receipt or to grain in the
elevator of the same kind, grade and quantity
as the grain described in the receipt.
|
|
| R.S., c. 37
(4th Supp.),
s. 22
|
20. Subsection 78(2) of the Act is replaced
by the following:
|
|
| Issuance of
receipt or
ticket
|
(2) On the receipt of grain from a producer
into a licensed process elevator, the operator
of the elevator shall, at the prescribed time and
in the prescribed manner, issue a grain receipt
or a cash purchase ticket stating the grade
name, grade and dockage of the grain, and
immediately provide the producer with the
grain receipt or cash purchase ticket.
|
|
|
|
21. The portion of section 79 of the Act
before paragraph (a) is replaced by the
following:
|
|
| Weigh-overs
at primary
elevators
|
79. The operator of a licensed primary
elevator shall, in such manner and at such
intervals as may be prescribed,
|
|
| R.S., c. 37
(4th Supp.),
s. 24(1)
|
22. Subsection 81(1) of the Act is replaced
by the following:
|
|
| Requirement
to issue grain
receipt or cash
purchase
ticket
|
81. (1) With respect to the purchase of
western grain from a producer of that grain,
every licensed grain dealer shall, at the
prescribed time and in the prescribed manner,
issue a grain receipt or cash purchase ticket
stating the grade name, grade and dockage of
the grain, and immediately provide it to the
producer.
|
|
| R.S., c. 37
(4th Supp.),
s. 25(1)
|
23. The portion of section 82.1 of the Act
before paragraph (a) is replaced by the
following:
|
|
| Consequence
of not
surrendering
grain receipt
in prescribed
time
|
82.1 Where a grain receipt issued by the
operator of a licensed process elevator or by a
licensed grain dealer is not surrendered for
payment within such period as is prescribed,
|
|
|
|
24. The portion of subsection 83(1) of the
Act before paragraph (a) is replaced by the
following:
|
|
| Contracts to
be made only
by licensees
|
83. (1) No person in the Western Division
shall, for reward, by way of a profit,
commission or otherwise,
|
|
|
|
25. Section 84 of the Act is replaced by the
following:
|
|
| Transport,
except by
public carrier,
restricted
|
84. Except with the written permission of
the Commission or in accordance with
prescribed terms and conditions, no person,
other than a public carrier, shall transport or
cause to be transported any grain
|
|
|
|
(a) from the Western Division to the Eastern
Division or from the Eastern Division to the
Western Division; or
|
|
|
|
(b) into or out of Canada.
|
|
|
|
26. Paragraph 85(2)(b) of the Act is
replaced by the following:
|
|
|
|
(b) may then move the conveyance forward.
|
|
|
|
27. Subsection 87(2) of the French
version of the Act is replaced by the
following:
|
|
| Affectation de
wagons
|
(2) Chaque semaine, la Commission
affecte, dans l'ordre des demandes reçues et
selon les normes numériques et autres qu'elle
ordonne, les wagons disponibles qui entrent,
pendant cette période, dans chaque zone de
contrôle d'expédition.
|
|
| 1988, c. 65,
s. 125
|
28. Section 87.2 of the French version of
the Act is replaced by the following:
|
|
| Demande de
renseignement
s
|
87.2 Après le dépôt d'un certificat
d'utilisation finale relatif au grain importé
conformément aux règlements d'application
de l'alinéa 46b.1) de la Loi sur la Commission
canadienne du blé, d'une part, la personne qui
a rempli le certificat transmet à la
Commission, dans le délai réglementaire, les
documents et renseignements réglementaires
concernant la livraison du grain, d'autre part,
la personne désignée comme consignataire
dans le certificat transmet à la Commission,
selon les modalités réglementaires de temps et
de forme, les renseignements réglementaires
concernant la consommation du grain.
|
|
|
|
29. Subsection 90(1) of the Act is
amended by striking out the word ``or'' at
the end of paragraph (c), by adding the
word ``or'' at the end of paragraph (d) and
by adding the following after paragraph
(d):
|
|
|
|
(e) an overage at a primary elevator is in
excess of a prescribed maximum amount,
|
|
|
|
30. The portion of subsection 93(1) of the
Act before paragraph (a) is replaced by the
following:
|
|
| Restriction of
operations
and
suspension of
licence
|
93. (1) Where, on receiving the report of an
inspector pursuant to section 90 or on making
an investigation pursuant to section 91, the
Commission believes on reasonable grounds
that an offence under this Act has been
committed by a licensee of an elevator or by
a licensed grain dealer or that a condition
referred to in paragraph 90(1)(b), (c), (d) or (e)
exists in a licensed elevator, the Commission
may, by order,
|
|
|
|
31. Section 102 of the Act is replaced by
the following:
|
|
| Prohibition
respecting
grade names
|
102. (1) No person shall, in the purchase or
sale of grain, use a grade name established by
or under this Act in any record or
acknowledgement of the receipt or discharge
of grain unless the person is licensed under
this Act.
|
|
| Exceptions
|
(2) Subsection (1) does not apply to a sale
of grain by a producer who produced the grain.
|
|
|
|
32. Subsection 103(1) of the Act is
replaced by the following:
|
|
| Prohibition
respecting
forms
|
103. No person other than a licensee shall
issue a cash purchase ticket, an elevator
receipt or a grain receipt or any other
document that so closely resembles one of
them that confusion may be caused.
|
|
|
|
33. (1) Subsection 116(1) of the Act is
amended by adding the following after
paragraph (b):
|
|
|
|
(b.1) governing the handling and treatment
of grain in elevators;
|
|
|
|
(2) Subsection 116(1) of the Act is
amended by adding the following after
paragraph (e):
|
|
|
|
(e.1) determining what constitutes a
hazardous substance and governing the use,
handling and storage of hazardous
substances by licensed elevator operators;
|
|
|
|
(3) Paragraph 116(1)(j) of the Act is
replaced by the following:
|
|
|
|
(j) specifying the information required to be
furnished by applicants for licences,
including information relating to the
applicant's financial situation, and the
conditions on which licences may be
issued;
|
|
|
|
(4) Subsection 116(1) of the Act is
amended by adding the following after
paragraph (k):
|
|
|
|
(k.1) prescribing the types and amounts of
insurance that applicants for and holders of
primary, transfer and terminal elevator
licences must obtain;
|
|
|
|
(5) Subsection 116(1) of the Act is
amended by adding the following after
paragraph (s):
|
|
|
|
(s.1) governing the disposal of
contaminated grain;
|
|
|
|
(6) Subsection 116(2) of the Act is
replaced by the following:
|
|
| Forms and
systems other
than
prescribed
|
(2) The Commission may, in writing,
permit a licensee to use any form or any
system of keeping or issuing cash purchase
tickets, elevator receipts or any other
document designated by the Commission in
addition to or in place of a prescribed form or
system.
|
|
| R.S., c. 37
(4th Supp.),
s. 29
|
(7) Subsection 116(3) of the Act is
replaced by the following:
|
|
| Storage
premises
|
(3) The Commission may, by regulation
made with the approval of the Governor in
Council, establish a list of premises in the
Eastern Division used either in whole or in
part for the storage of grain.
|
|
|
|
34. Paragraph 117(a) of the Act is
replaced by the following:
|
|
|
|
(a) by regulation made with the approval of
the Governor in Council, exempt that type
of elevator or operation from the licensing
or any other requirements of this Act or the
regulations, or
|
|
|
|
|
|
| Regulations
deemed to be
approved by
Governor in
Council
|
35. (1) Each of the regulations set out in
the schedule shall be deemed for all
purposes to have been approved by the
Governor in Council, pursuant to the
Canada Grain Act, on the day on which they
were made by the Canadian Grain
Commission.
|
|
| Orders,
directions and
documents
|
(2) Every order, direction and document
made or issued before the day on which this
section comes into force that contains a
reference to any thing established by a
regulation set out in the schedule shall be
deemed for all purposes to have had the
same force and effect as if the reference
were to a thing established by a regulation
made by the Canadian Grain Commission
with the approval of the Governor in
Council pursuant to the Canada Grain Act.
|
|
| Actions taken
|
(3) Every action taken before the day on
which this section comes into force, under
the authority of any order, direction or
document made or issued before the day on
which this section comes into force that
contains a reference to any thing
established by a regulation set out in the
schedule, shall be deemed for all purposes
to have had the same force and effect as if it
had been taken under the authority of an
order, direction or document that contains
a reference to a thing established by a
regulation made by the Canadian Grain
Commission with the approval of the
Governor in Council pursuant to the
Canada Grain Act.
|
|
| Pending
proceedings
|
(4) Any proceedings before a court of
competent jurisdiction that were
commenced before the day on which a bill
entitled An Act to amend the Canada Grain
Act and respecting certain regulations made
pursuant to that Act is first introduced in
Parliament and that were not finally
disposed of before that day, in which the
validity of any regulation referred to in
subsection (1), any order, direction or
document referred to in subsection (2) or
any action referred to in subsection (3) is in
issue, may be dealt with in all respects as if
this section had not come into force, but no
decision, order or judgment in any such
proceedings shall operate to have effect so
as to render invalid, otherwise than for the
purposes of those proceedings, any of those
regulations, orders, directions, documents
or actions that would otherwise be valid.
|
|