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Bill C-4

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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	(2) Subsection 37(2) of the Act is repealed.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. 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 recommendation 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 preserving 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. Section 47 of the Act and the headings before it are replaced by the following:
	PART V
	BARLEY
	Extension of Parts III and IV
Extension of Parts III and IV to barley	47. (1) The Governor in Council may, by regulation, 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.
Definitions	(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.
	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 an association all of the members of which are producers of the grain and that represents the producers of that 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.
Notice	(2.1) Notice of the request referred to in paragraph (2)(a) shall be published in the Canada Gazette and in a periodical or periodicals that, in the opinion of the Minister, has or have a large circulation in the designated area. The notice must invite interested persons to make representations with respect to the request in writing to the Minister within one hundred and twenty days after publication of the notice.
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 products''; 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, ``product'', 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), ``Agreement'' 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 following 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 ``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
	*31. 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.