ELEVATORS, GRAIN DEALERS AND SPECIAL CROPS DEALERS AND THE HANDLING OF GRAIN BY LICENSEES AND OTHER PERSONS

11. (1) Subsection 56(1) of the Act is replaced by the following:

Facilities, equipment and maintenance

56. (1) A licensee operating an elevator shall install in it such equipment, provide such facilities and maintain the equipment and structure of the elevator in such condition as may be prescribed in respect of elevators of that type or required by order of the Commission in respect of that elevator to ensure, as may be applicable, the efficient and accurate weighing, sampling, inspection, grading, drying, cleaning and accommodation of all grain, grain products and screenings received into or discharged from the elevator.

(2) Subsection 56(2) of the French version of the Act is replaced by the following:

Restriction

(2) Le paragraph (1) n'a pas pour effet d'obliger l'exploitant d'une installation primaire à installer un équipement de nettoyage ou de séchage.

12. The portion of section 57 of the Act before paragraph (a) is replaced by the following:

Prohibited receipt into elevators

57. Except as may be authorized by regulation or by order of the Commission, no licensee operating an elevator shall receive into the elevator

13. Sections 58 and 59 of the Act are replaced by the following:

Grain out of condition

58. Except as required by order of the Commission, no licensee operating an elevator is required to receive into the elevator any grain that has gone or is likely to go out of condition.

Operator to exercise care and diligence

59. A licensee operating an elevator shall exercise reasonable care and diligence to prevent any grain in the elevator from suffering damage or from deteriorating or going out of condition.

14. Section 64 of the Act is replaced by the following:

Verification of weight

64. The operator of a licensed primary elevator shall afford to any person who delivers grain to the elevator full facilities to verify the correct weight of the grain while the grain is being weighed.

15. The Act is amended by adding the following after section 68.1:

Interpreta-
tion

68.2 For greater certainty, in sections 60 to 68.1, ``licensed primary elevator'' means a primary elevator operating under a primary elevator licence referred to in paragraph 42(a).

R.S., c. 37 (4th Supp.), s. 24(1); 1994, c. 45, s. 22

16. The heading before section 81 and sections 81 and 82 of the Act are replaced by the following:

Grain Dealers and Special Crops Dealers

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 or special crops 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.

Commission contracts

(2) No licensed grain dealer or special crops dealer who acts for any person on a commission basis in relation to the purchase or sale of western grain by a grade name shall, except with the consent of that person, buy, sell or have any interest directly or indirectly beyond the dealer's agreed commission in the purchase or sale of the grain.

Prohibitions

(3) No licensed grain dealer or special crops dealer shall

    (a) except with the permission of the Commission, enter into a contract relating to western grain that the dealer has reason to believe is infested or contaminated; or

    (b) enter into a contract that provides for the delivery of western grain to an elevator or a consignee if the grain is not lawfully receivable by the operator of the elevator or other consignee.

Records and reports

82. Every licensed grain dealer or special crops dealer shall maintain such records of the dealer's business and make such reports to the Commission in respect of that business as may be prescribed.

1988, c. 65, s. 126

17. Subsection 88(1) of the Act is replaced by the following:

Inspection

88. (1) Subject to subsection (1.1), an inspector may, at any reasonable time, enter

    (a) any elevator, any premises of the licensee of an elevator or any premises of a licensed grain dealer or special crops dealer in which the inspector believes on reasonable grounds 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 or special crops dealer, or

    (b) any premises referred to in an end-use certificate submitted in respect of grain imported into Canada pursuant to paragraph 46(b.1) of the Canadian Wheat Board Act as being premises to which the grain is consigned or any premises in which the inspector believes on reasonable grounds that grain to which such a certificate relates has been delivered,

and may

    (c) examine the premises and any equipment, grain, grain products and screenings found in the premises, and

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

1988, c. 65, s. 127; 1994, c. 45, s. 29

18. Section 90 of the Act is replaced by the following:

Seizure and report

90. (1) An inspector who believes on reasonable grounds that

    (a) any offence under this Act or any violation has been committed,

    (b) any grain, grain product or screenings in an elevator is 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,

    (d) an elevator is in such condition as to cause danger to persons or loss or deterioration of grain, grain products or screenings stored in it, or

    (e) an overage at a primary elevator is in excess of a prescribed maximum amount,

may seize any documents or records that the inspector believes, on reasonable grounds, af ford evidence that an offence under this Act or a violation has been committed and, in any event, shall without delay report to the Com mission the facts ascertained by the inspector.

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 or a violation, 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.

1994, c. 45, s. 30

19. Subsection 93(1) of the Act is replaced by the following:

Restriction of operations and suspension of licence

93. (1) If, 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 or a violation has been committed by a licensee of an elevator or by a licensed grain dealer or special crops 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,

    (a) require a weigh-over of any grain, grain products or screenings in the elevator by the licensee or a person authorized for the purpose by the Commission and, for that purpose, prohibit, for such period not exceeding thirty days as 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 or special crops dealer for such period not exceeding thirty days as is specified in the order.

20. Paragraph 94(3)(a) of the Act is replaced by the following:

    (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 or a violation, 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

21. Subsection 95(1) of the Act is replaced by the following:

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 or as a special crops dealer, as the case may be, if

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

    (b) the licensee or the manager of a licensed elevator is convicted of an offence under this Act or has committed a violation; or

    (c) the licensee has failed to give additional security as required by any order made under subsection 49(1).

22. Paragraph 97(a) of the Act is replaced by the following:

    (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 violation or 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;

R.S., c. 37 (4th Supp.), s. 27; 1988, c. 65, s. 131

23. Sections 107 to 109 of the Act are replaced by the following:

Offence and punishment

107. Every person who contravenes any provision of this Act or of the regulations or any order of the Commission, other than an order for the payment of any money or apportionment of any loss, is guilty of

    (a) an offence punishable on summary conviction and liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both; or

    (b) an indictable offence and liable to a fine not exceeding $250,000 or to imprisonment for a term not exceeding two years, or to both.

Offence or violation by manager, employee or agent

108. (1) Any manager of an elevator, or any other employee or agent of the operator or licensee of an elevator, who does any act or thing directed to the commission of an offence under this Act or a violation by the operator or licensee is a party to and guilty of the offence or violation, as the case may be.

Offence or violation by employee or agent

(2) Any employee or agent of a licensed grain dealer or special crops dealer who does any act or thing directed to the commission of an offence under this Act or a violation by the dealer is a party to and guilty of the offence or violation, as the case may be.

Documentary evidence

109. In any prosecution for an offence under this Act or a violation, a document purporting to have been signed by a commissioner or any officer or employee of the Commission in the course of the performance of his or her duties is evidence of the facts stated in the document without proof of the signature or of the official character of the person appearing to have signed the document.

24. (1) Paragraph 116(1)(a) of the French version of the Act is replaced by the following:

    a) désigner comme grains, pour l'application de la présente loi, toute semence;

(2) Subsection 116(1) of the Act is amended by adding the following after paragraph (a):

    (a.1) designating any grain, except wheat, oats, barley, rye, canola and flax, as a special crop;

(3) Subsection 116(1) of the Act is amended by adding the following after paragraph (k.1):

    (k.2) for the purposes of section 49.01

      (i) fixing the amount of the levy to be paid by producers of special crops and determining the method by which it is to be paid,

      (ii) providing for the time and manner in which licensees are to remit any levies collected to the agent,

      (iii) governing the reimbursement by the agent of expenses related to the administration of the insurance plan from the levies remitted to the agent,

      (iv) fixing the period of insurance coverage following the issuance of an elevator receipt, grain receipt or cash purchase ticket,

      (v) governing the retention and maintenance of records and the provision of information,

      (vi) specifying the terms and conditions for participation in and withdrawal from the insurance plan by producers of special crops, and

      (vii) providing for any other measures necessary to implement and maintain the insurance plan;

Terminology

25. The French version of the Act is amended by replacing the word ``ordonnance'' with the word ``arrêté'' in the following provisions, with such modifications as the circumstances require:

    (a) the portion of section 19 before paragraph (a);

    (b) subsection 49(1);

    (c) section 60;

    (d) subsection 62(4);

    (e) paragraph 63(b);

    (f) subsections 69(1) and (2);

    (g) subsections 72(1) to (3);

    (h) subsection 87(1);

    (i) paragraph 91(1)(g);

    (j) subsections 93(2) and (3);

    (k) subsections 94(2) and (3);

    (l) section 96;

    (m) the heading before section 97 and section 97;

    (n) subsection 99(1);

    (o) subsections 100(1) to (4);

    (p) subsections 101(1) and (2);