Cash Purchases of Wheat

Powers of the Corporation

39.1 Notwithstanding sections 32 to 39, the Corporation may enter into a contract with a producer or any other person or entity for the purchase and delivery of wheat or wheat products at a price other than the sum certain per tonne for wheat as set out in section 32 and on any terms and conditions that the Corpora tion considers appropriate.

23. The heading of Part IV of the French version of the Act is replaced by the following:

RÉGLEMENTATION DU COMMERCE INTERPROVINCIAL ET DE L'EXPORTATION DU BLÉ

24. Section 45 of the Act is renumbered as subsection 45(1) and is amended by adding the following:

Exclusion

(2) On the recommendation of the Minister, the Governor in Council may, by regulation, exclude any kind, type, class or grade of wheat, or wheat produced in any area in Canada, from the provisions of this Part, either in whole or in part, or generally, or for any period.

Recommen-
dation of the Minister

(3) The Minister shall not make the recom mendation referred to in subsection (2) unless

    (a) the exclusion is recommended by the board; and

    (b) a procedure approved by the Canadian Grain Commission as acceptable for pre serving the identity of excluded grain, so as to prevent co-mingling with other grain, is in place.

Significant kind, type, class or grade

(4) If, in the opinion of the board, the kind, type, class or grade of wheat is significant, the Minister shall not make a recommendation referred to in paragraph (3)(a) unless a vote in favour of exclusion by producers has been held in a manner determined by the Minister after consultation with the board.

25. (1) Paragraph 46(b) of the Act is repealed.

(2) Section 46 of the Act is amended by adding the following after paragraph (c):

    (c.1) granting permission to transport wheat or barley that is not described by a grade name or by reference to a sample taken under the Canada Grain Act, or any wheat products or barley products, under any circumstances or conditions that may be prescribed by regulation;

    (c.2) granting permission to transport, sell or buy, in Canada, feed grain, as that expression is defined in the regulations, or wheat products or barley products for consumption by livestock or poultry, under any circumstances or conditions that may be prescribed by regulation;

26. The Act is amended by adding the following after section 47:

PART V.1

OTHER GRAINS

Extension of Parts III and IV

Extension of Parts III and IV to other grains

47.1 (1) The Governor in Council may, by regulation, extend the application of Part III or IV, or both, to any other grain.

Limitation

(2) A regulation may not be made under this section unless

    (a) a written request is sent to the Minister by a producer association that represents the producers of the grain throughout the designated area;

    (b) the extension is recommended by the board; and

    (c) a vote in favour of the extension by producers of the grain has been held in a manner determined by the Minister after consultation with the board.

Modifications

(3) When the Governor in Council has extended the application of any Part under subsection (1), the provisions of that Part are deemed to be re-enacted in this Part, subject to the following:

    (a) the name of the grain included in the regulation is substituted for the word ``wheat'';

    (b) an expression that consists of the name of the grain plus the word ``products'', is substituted for the expression ``wheat prod ucts''; and

    (c) subsection 40(2) is not applicable.

When extension to come into force

(4) An extension of the application of Part III shall come into force only at the beginning of a crop year.

Definition of ``product''

(5) For the purposes of this section, ``prod uct'', in relation to any grain referred to in subsection (1), means any substance produced by processing or manufacturing that grain, alone or together with any other material or substance, designated by the Governor in Council by regulation as a product of that grain for the purposes of this Part.

27. The Act is amended by adding the following after section 61:

Implementation of the North American Free Trade Agreement

Giving effect to the Agreement

61.1 (1) In exercising its powers and performing its duties, the Corporation shall give effect to the provisions of the Agreement that pertain to the Corporation.

Regulations

(2) The Governor in Council may, on the recommendation of the Treasury Board and the Minister made at the request of the Corporation, make any regulations in relation to the Corporation that the Governor in Council considers necessary for the purpose of implementing any provision of the Agreement that pertains to the Corporation.

Definition of ``Agree-
ment''

(3) In subsections (1) and (2), ``Agree ment'' has the same meaning as in subsection 2(1) of the North American Free Trade Agreement Implementation Act.

28. The Act is amended by replacing the expression ``member of the Board'' with the word ``director'', with any modifications that the circumstances require, in the fol lowing provisions:

    (a) subsection 10(1);

    (b) subsection 11(1); and

    (c) section 70.

29. The English version of the Act is amended by replacing the word ``Board'' with the word ``Corporation'', except in references to the ``Canadian Wheat Board''.

30. The French version of the Act is amended by replacing the word ``ordon nance'' with the word ``arrêté'', with any modifications that the circumstances re quire, in the following provisions:

    (a) subsections 20(1) and (2);

    (b) subsection 27(2);

    (c) the portion of section 28 before paragraph (a);

    (d) subsection 66(1); and

    (e) section 70.

CONSEQUENTIAL AMENDMENTS

1997, c. 20

Agricultural Marketing Programs Act

31. The definition ``Board'' in subsection 2(1) of the Agricultural Marketing Programs Act is replaced by the following:

``Board''
« Commis-
sion »

``Board'' means the Canadian Wheat Board continued by section 3 of the Canadian Wheat Board Act.

R.S., c. F-11

Financial Administration Act

1993, c. 1, s. 9

32. Subsection 85(1) of the Financial Administration Act is replaced by the fol lowing:

Exempted Crown corporations

85. (1) Divisions I to IV do not apply to the Bank of Canada, the Canada Council, the Canadian Broadcasting Corporation, the Ca nadian Film Development Corporation, the International Development Research Centre or the National Arts Centre Corporation.

R.S., c. G-10

Canada Grain Act

33. (1) Paragraph 118(g) of the French version of the Canada Grain Act is replaced by the following:

    g) sous réserve des arrêtés pris en applica tion de la Loi sur la Commission cana dienne du blé, pourvoir à l'acceptation des livraisons de grain dans l'intérêt des pro ducteurs;

(2) Section 118 of the Act is amended by striking out the word ``and'' at the end of paragraph (g) and by adding the following after paragraph (g):

    (g.1) approving a procedure as acceptable for preserving the identity of excluded grain, so as to prevent co-mingling with other grain, for the purposes of paragraph 45(3)(b) of the Canadian Wheat Board Act; and

TRANSITIONAL PROVISIONS

Termination of Commissioner appointments

34. On the date referred to in section 3.08 of the Canadian Wheat Board Act, as en acted by section 3 of this Act, appointments of commissioners made under section 3 of that Act, as it read before the coming into force of section 3 of this Act, are terminated.

Administra-
tion of election of first directors

35. For greater certainty, the Canadian Wheat Board shall, subject to the regula tions, take any measures that the Minister responsible for the Canadian Wheat Board may determine for the proper conduct and supervision of the election of the first directors referred to in subsection 3.02(1) of the Canadian Wheat Board Act, as enacted by section 3 of this Act, including

    (a) employing the persons necessary to conduct or manage the election and the payment of any fees, costs, allowances and expenses of any person so employed that the Minister may determine; and

    (b) paying the costs of the election in curred by or on behalf of that Board, including the costs incurred in the prepa ration, printing and distribution of mate rial providing information on candi dates.

COMING INTO FORCE

Coming into force

36. (1) Subject to this section, this Act or any of its provisions, or any provision of an Act enacted by this Act, comes into force on a day or days to be fixed by order of the Governor in Council.

Regulations for election

(2) Subsection 3.02(1) and section 3.06 of the Canadian Wheat Board Act, as enacted by section 3 of this Act, come into force on the day on which this Act is assented to.

Status of the Corporation

(3) Subsections 3.03(1) and 3.1(1) of the Canadian Wheat Board Act, as enacted by section 3 of this Act, section 4 of this Act, paragraphs 6(1)(c) and (c.01) of the Cana dian Wheat Board Act, as enacted by subsec tion 6(2) of this Act, and sections 11, 27 and 32 of this Act come into force on the date referred to in section 3.08 of the Canadian Wheat Board Act, as enacted by section 3 of this Act.

Sufficiency of contingency fund

(4) The date fixed in accordance with subsection (1) for the coming into force of the following provisions shall not be earlier than the date referred to in subsection 6(3) of the Canadian Wheat Board Act, as en acted by subsection 6(3) of this Act:

    (a) section 7 of this Act;

    (b) paragraph 32(1)(b) of the Canadian Wheat Board Act, as enacted by subsec tion 18(1) of this Act;

    (c) subsections 33(1.1), (3), (4) and (5) of the Canadian Wheat Board Act, as en acted by subsection 19(4) of this Act; and

    (d) sections 38 and 39 of the Canadian Wheat Board Act, as enacted by section 22 of this Act.

Abolition of Advisory Committee

(5) The date fixed in accordance with subsection (1) for the coming into force of section 9 of this Act shall not be earlier than December 31, 1998, and its fixing is subject to the recommendation of the Minister responsible for the Canadian Wheat Board.

Remunera-
tion

(6) The date fixed in accordance with subsection (1) for the coming into force of subparagraph 33(1)(a)(i) of the Canadian Wheat Board Act, as enacted by subsection 19(2) of this Act, shall not be earlier than the date of the coming into force of section 3 of this Act and of section 9 of this Act.

New governance

(7) Subparagraphs 33(1)(a)(i.1) and (i.2) of the Canadian Wheat Board Act, as en acted by subsection 19(2) of this Act, and sections 28 and 29 of this Act, come into force on the coming into force of section 3 of this Act.

Cost of election of Advisory Committee

(8) Subsection 19(3) of this Act comes into force on the coming into force of section 9 of this Act.