Early payment

33.01 (1) The Corporation may, in accordance with this section, pay to holders of certificates issued by the Corporation under this Part who apply for such a payment, an amount instead of the amount that would be distributed under paragraph 32(1)(c) or section 33.

Possible gains

(2) Any gains of the Corporation that may result from the operation of this section may be credited to the contingency fund.

Losses

(3) Any losses of the Corporation that result from making payments under subsection (1) are paid out of the contingency fund established under paragraph 6(1)(c.3).

21. (1) Paragraph 37(1)(c) of the Act is replaced by the following:

    (c) prescribe the conditions for and the manner of negotiating a certificate issued under this Part.

(2) Subsection 37(2) of the Act is repealed.

22. Sections 38 and 39 of the Act are replaced by the following:

Transfer of wheat from one pool period to later pool period

38. The Corporation may adjust its accounts at any time by transferring to the then current pool period all wheat delivered during a preceding pool period and then remaining unsold, and the Corporation shall credit to the accounts for that preceding pool period, and charge against the accounts for the current pool period, an amount that the Corporation considers to be a reasonable price for the wheat so transferred, and all wheat so transferred shall

    (a) for the purposes of the accounts relating to that preceding pool period, be deemed to have been sold and paid for in full for that amount; and

    (b) in the accounts relating to the current pool period, be dealt with as though it had been sold and delivered to the Corporation in the current pool period and purchased by the Corporation for that amount, but no further certificates in respect of that wheat shall be issued under paragraph 32(1)(d).

Transfer of undistributed balances

39. (1) If producers of any grain sold and delivered during a pool period have been for six years or more entitled to receive from the Corporation payments in respect of such grain under certificates issued under this Act or out of an equalization fund, or otherwise, and there is an undistributed balance remaining in the accounts of the Corporation in respect of that grain, the Corporation may

    (a) adjust its accounts

      (i) by applying the undistributed balance in payment of the expenses of distribution of the balance mentioned in subsection 33(2) with respect to the same kind of grain in any earlier pool period, and

      (ii) by transferring the remainder of the undistributed balance to a separate account; and

    (b) pay to the persons who are entitled to receive payments in respect of that grain the amount to which they are entitled out of the separate account.

How transferred balances to be used

(2) Any balance transferred to the separate account under subparagraph (1)(a)(ii), other than any part of that balance that is required for the payments referred to in paragraph (1)(b), shall be used for any purposes that the Corporation may consider to be for the benefit of producers.

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 Corporation 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. (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;

25. Section 47 of the Act and the headings before it are replaced by the following:

PART V

OTHER GRAINS

Application of Parts III and IV

Extension of Parts III and IV to barley

47. (1) The Governor in Council may, by regulation, on the recommendation of the Minister, extend the application of Part III or of Part IV or of both Parts III and IV to barley.

Modifications

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

    (a) the word ``barley'' shall be substituted for the word ``wheat'';

    (b) the expression ``barley products'' shall be substituted for the expression ``wheat products''; and

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

When extension to come into force

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

Definition

(4) For the purposes of this section, ``product'', in relation to barley, means any substance produced by processing or manufacturing barley, alone or together with any other material or substance, designated by the Governor in Council by regulation as a product of barley for the purposes of this Part.

Restriction

(5) The Minister shall not make a recommendation referred to in subsection (1) unless

    (a) the Minister has consulted with the board about the extension; and

    (b) the producers of barley have voted in favour of the extension, the voting process having been determined by the Minister.

Minister's obligation

47.1 The Minister shall not cause to be introduced in Parliament a bill that would exclude any kind, type, class or grade of wheat or barley, or wheat or barley produced in any area in Canada, from the provisions of Part IV, either in whole or in part, or generally, or for any period, or that would extend the application of Part III or Part IV or both Parts III and IV to any other grain, unless

    (a) the Minister has consulted with the board about the exclusion or extension; and

    (b) the producers of the grain have voted in favour of the exclusion or extension, the voting process having been determined by the Minister.

26. 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 ``Agreement''

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

27. 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 following provisions:

    (a) subsection 10(1);

    (b) subsection 11(1); and

    (c) section 70.

28. 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''.

29. The French version of the Act is amended by replacing the word ``ordonnance'' with the word ``arrêté'', with any modifications that the circumstances require, 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

30. 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

31. Subsection 85(1) of the Financial Administration Act is replaced by the following:

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 Canadian Film Development Corporation, the International Development Research Centre or the National Arts Centre Corporation.

R.S., c. G-10

Canada Grain Act

32. (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 application de la Loi sur la Commission canadienne du blé, pourvoir à l'acceptation des livraisons de grain dans l'intérêt des producteurs;

(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

33. On the date referred to in section 3.08 of the Canadian Wheat Board Act, as enacted 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.

Adminis-
tration of election of first directors

34. For greater certainty, the Canadian Wheat Board shall, subject to the regulations, 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 incurred by or on behalf of that Board, including the costs incurred in the preparation, printing and distribution of material providing information on candidates.