Bill C-40
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C-40
First Session, Thirty-eighth Parliament,
53-54 Elizabeth II, 2004-2005
HOUSE OF COMMONS OF CANADA
BILL C-40
An Act to amend the Canada Grain Act and the Canada Transportation Act
first reading, March 11, 2005
THE MINISTER OF AGRICULTURE AND AGRI-FOOD
90300
SUMMARY
This enactment amends the Canada Grain Act and the Canada Transportation Act to implement a decision of the Dispute Settlement Body of the World Trade Organization relating to the handling and transportation of foreign grain and grain products in Canada.
Also available on the Parliament of Canada Web Site at the following address:
http://www.parl.gc.ca
http://www.parl.gc.ca
1st Session, 38th Parliament,
53-54 Elizabeth II, 2004-2005
house of commons of canada
BILL C-40
An Act to amend the Canada Grain Act and the Canada Transportation Act
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. G-10
CANADA GRAIN ACT
1. Section 57 of the Canada Grain Act is amended by adding the word “or” at the end of paragraph (b) and by repealing paragraph (c).
1998, c. 22, par. 25(g)(F)
2. (1) Paragraph 72(1)(a) of the Act is repealed.
1998, c. 22, par. 25(g)(F)
(2) Subsections 72(2) and (3) of the Act are repealed.
1996, c. 10
CANADA TRANSPORTATION ACT
3. The definition “grain” in section 147 of the Canada Transportation Act is replaced by the following:
“grain”
« grain »
« grain »
“grain” means
(a) any grain or crop included in Schedule II that is grown in the Western Division, or any product of it included in Schedule II that is processed in the Western Division, or
(b) any grain or crop included in Schedule II that is grown outside Canada and imported into Canada, or any product of any grain or crop included in Schedule II that is itself included in Schedule II and is processed outside Canada and imported into Canada;
COMING INTO FORCE
Order in council
4. This Act comes into force on a day to be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of Commons
Available from:
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Available from:
Publishing and Depository Services
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Explanatory Notes
Canada Grain Act
Clause 1: Relevant portion of section 57:
57. Except as may be authorized by regulation or by order of the Commission, no licensee operating an elevator shall receive into the elevator
...
(c) any foreign grain; or
Clause 2: (1) Relevant portion of subsection 72(1):
72. (1) The operator or manager of a licensed terminal elevator or licensed transfer elevator
(a) shall not, except as may be authorized or required by regulation or in accordance with an order made under subsection (2), permit grain of any grade being received into, in or being discharged from the elevator to be mixed with grain of any other grade; and
(2) Existing text of subsections 72(2) and (3):
(2) Where, in the opinion of the Commission, it is necessary to permit grain to be mixed in order to
(a) facilitate the sale of grain in world or domestic markets,
(b) conserve storage space, or
(c) enable grain to be dried or treated,
the Commission may, by order, authorize or require the operator of a licensed terminal elevator or licensed transfer elevator to mix grain of any grade being received into, in or being discharged from the elevator with grain of any other grade in the elevator, as may be specified in the order.
(3) Except as may be authorized by order of the Commission, no operator of a licensed terminal elevator or licensed transfer elevator shall permit grain to be discharged from the elevator in such manner as to allow the grain to be mixed with grain with which it could not have been lawfully mixed while in storage in the elevator.
Canada Transportation Act
Clause 3: Existing text of the definition:
“grain” means any grain or crop included in Schedule II that is grown in the Western Division, or any product of it included in Schedule II that is processed in the Western Division;