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Bill C-72

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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 such terms and conditions as the Corpora tion considers appropriate.

21. 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

22. 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 order, 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.

Recommenda-
tion 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) Where, in the opinion of the board, the kind, type, class or grade of wheat is signifi cant, the Minister shall not make a recommen dation 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.

23. Paragraph 46(b) of the Act is re pealed.

24. 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 those provisions of the Agree ment 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 such regulations in rela tion to the Corporation as the Governor in Council considers necessary for the purpose of implementing any provision of the Agreement that pertains to the Corporation.

Definition

(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.

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

26. The Act is amended by replacing the expression ``member of the Board'' with the word ``director'', with such modifications as the circumstances require, in the follow ing provisions:

    (a) subsection 10(1);

    (b) subsection 11(1); and

    (c) section 70.

27. The French version of the Act is amended by replacing the word ``ordon nance'' with the word ``arrêté'', with such modifications as 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

R.S., c. F-11

Financial Administration Act

1993, c. 1, s. 9

28. 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

29. (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

CONDITIONAL AMENDMENT

Bill C-34

30. If Bill C-34, introduced in the second session of the thirty-fifth Parliament and entitled An Act to establish programs for the marketing of agricultural products, to repeal the Agricultural Products Board Act, the Agricultural Products Cooperative Market ing Act, the Advance Payments for Crops Act and the Prairie Grain Advance Payments Act and to make consequential amendments to other Acts, is assented to, then, on the later of the day on which subsection 3(1) of the Canadian Wheat Board Act, as enacted by section 3 of this Act, comes into force and the day on which that Bill is assented to, the definition ``Board'' in subsection 2(1) of the Agricultural Marketing Programs Act is replaced by the following:

``Board''
« Commission »

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

TRANSITIONAL PROVISION

Termination of Commissioner appointments

31. On the coming into force of section 3 of the Canadian Wheat Board Act, as amended by section 3 of this Act, appoint ments of commissioners made pursuant to section 3 of that Act, as it read before the coming into force of section 3 of this Act, are terminated.

COMING INTO FORCE

Coming into force

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

Status of the Corporation

(2) Sections 4, 11, 24 and 28 of this Act and paragraphs 6(1)(c) and (c.01) of the Cana dian Wheat Board Act, as enacted by subsec tion 6(2) of this Act, come into force on the date referred to in section 3.8 of the Canadian Wheat Board Act, as enacted by section 3 of this Act.

Sufficiency of contingency fund

(3) The date fixed pursuant to 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 Cana dian Wheat Board Act, as enacted by subsec tion 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 17(1) of this Act;

    (c) subsection 18(4) of this Act; and

    (d) sections 38 and 39 of the Canadian Wheat Board Act, as enacted by section 20 of this Act.

Abolition of Advisory Committee

(4) The date fixed pursuant to 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.

Commission-
ers and members of the Advisory Committee

(5) The date fixed pursuant to subsection (1) for the coming into force of subpara graph 33(1)(a)(i) of the Canadian Wheat Board Act, as enacted by subsection 18(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

(6) Subparagraphs 33(1)(a)(i.1) and (i.2) of the Canadian Wheat Board Act, as en acted by subsection 18(2) of this Act, and sections 25 and 26 of this Act, come into force on the coming into force of section 3 of this Act.

Cost of election of Advisory Committee

(7) Subsection 18(3) of this Act comes into force on the coming into force of section 9 of this Act.