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Bill C-27

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First Reading

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3rd Session, 40th Parliament,

59 Elizabeth II, 2010

house of commons of canada

BILL C-27

An Act to amend the Canadian Wheat Board Act

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

1. This Act may be cited as the Canadian Wheat Board Payments and Election Reform Act.

R.S., c. C-24

CANADIAN WHEAT BOARD ACT

1998, c. 17, s. 3

2. Subsection 3.02(1) of the Canadian Wheat Board Act is replaced by the following:

Directors

3.02 (1) Four directors are appointed by the Governor in Council on the recommendation of the Minister. Ten directors are elected, in accordance with sections 3.06 to 3.08 and the regulations, by producers who produced – or were entitled to – at least 40 tonnes of grain in the crop year in which an election occurs or in either of the two previous crop years. The president is appointed by the Governor in Council in accordance with section 3.09.

1995, s. 31, s. 2(1); 1998, c. 17, s. 28(E)

3. (1) Paragraph 32(1)(b) of the Act is replaced by the following:

(b) pay to producers selling and delivering wheat produced in the designated area to the Corporation, at the time of delivery or at any time after delivery as may be agreed on, a sum certain per tonne basis in storage at a pooling point to be fixed from time to time

(i) by the Minister, with the concurrence of the Minister of Finance, in respect of wheat of a base grade, and

(ii) by the Corporation, with the approval of the Minister and the concurrence of the Minister of Finance, in respect of each other grade of wheat;

1995, c. 31, s. 2(2); 1998, c. 17, s. 28(E)

(2) Subsection 32(2.1) of the Act is replaced by the following:

Freight adjustment

(2.1) For the purpose of paragraph (1)(b.1), the Corporation shall, with the approval of the Minister and the concurrence of the Minister of Finance, determine for each delivery point within the designated area an amount that, in the opinion of the Corporation, fairly represents the difference in the cost of transporting wheat from that point as compared to other delivery points.

R.S., c. 38 (4th Supp.), s. 8; 1998, s. 17, s. 28(E)

4. (1) Subsection 33(1.1) of the Act is replaced by the following:

Additional payment

(1.1) The Corporation may, with the approval of the Minister and the concurrence of the Minister of Finance, and subject to any terms and conditions on which the approval is given, fix and pay in respect of any pool period a sum per tonne to each producer who has sold and delivered wheat to the Corporation in a railway car during the pool period, in addition to any payment authorized by section 32.

1998, c. 17, s. 28(E)

(2) Subsection 33(3) of the Act is replaced by the following:

Interim payments

(3) Despite subsection (1), if the Minister, having regard to a report by the Corporation of the effect on its financial position of an interim payment on account of the distribution of the balance referred to in subsection (2), is of the opinion that an interim payment can be made without loss, and the Minister of Finance concurs with the Minister’s opinion, the Minister, with the concurrence of the Minister of Finance, may authorize and direct that payment to be made.

1995, c. 31, s. 3; 1998, c. 17, s. 28(E)

(3) Subsection 33(5) of the Act is replaced by the following:

Determination of amounts

(5) The Corporation shall, with the approval of the Minister and the concurrence of the Minister of Finance, determine and fix the amounts to which producers are entitled per tonne according to grade under certificates issued under this Part so that each producer receives, in respect of wheat sold and delivered to the Corporation during each crop year for the same grade of wheat, the same price basis at a pooling point and that each price bears a proper price relationship to the price for each other grade.

1998, c. 17, s. 28(E)

5. Section 34 of the Act is replaced by the following:

Action within grade

34. In taking any action under section 32, 33 or 37 in respect of a grade of wheat, the Governor in Council, the Corporation or the Minister, with the concurrence of the Minister of Finance, may take that action in respect of any wheat within that grade that has an inherent quality characteristic that distinguishes it from any other wheat within that grade as if the wheat having that inherent quality characteristic were wheat of a different grade.

1998, c. 17, s. 28(E)

6. The portion of section 38 of the Act before paragraph (a) is replaced by the following:

Transfer of wheat from one pool period to subsequent pool period

38. The Minister, with the concurrence of the Minister of Finance, may authorize the Corporation to 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, the amount that the Minister, with the concurrence of the Minister of Finance, deems to be a reasonable price for the wheat so transferred, and all wheat so transferred shall,

1998, c. 17, s. 28(E)

7. (1) The portion of subsection 39(1) of the Act before paragraph (a) is replaced by the following:

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 that 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 Minister, with the concurrence of the Minister of Finance, may authorize the Corporation

1998, c. 17, s. 28(E)

(2) Subsection 39(2) of the Act is replaced by the following:

How transferred balances to be used

(2) Any balance transferred to the separate account under subparagraph (1)(a)(ii), other than any part of it that is required for the payments referred to in paragraph (1)(b), shall be used for the purposes that the Minister, with the concurrence of the Minister of Finance and on the recommendation of the Corporation, may deem to be for the benefit of producers.

COORDINATING AMENDMENT

1998, c. 17

8. On the first day on which both paragraph 32(1)(b) of the Canadian Wheat Board Act, as enacted by subsection 18(1) of chapter 17 of the Statutes of Canada, 1998, and paragraph 32(1)(b) of the Canadian Wheat Board Act, as enacted by subsection 3(1) of this Act, are in force, paragraph 32(1)(b) of the Canadian Wheat Board Act is replaced by the following:

(b) pay to producers selling and delivering wheat produced in the designated area to the Corporation, at the time of delivery or at any time after delivery that may be agreed on, a sum certain per tonne basis in storage at a pooling point to be fixed

(i) initially, at the beginning of the pool period

(A) by the Minister, with the concurrence of the Minister of Finance, in respect of wheat of a base grade, or

(B) by the Corporation, with the approval of the Minister and the concurrence of the Minister of Finance, in respect of each other grade of wheat, and

(ii) from time to time afterwards, by the Corporation;

COMING INTO FORCE

Order in council

9. (1) Section 2 comes into force on a day to be fixed by order of the Governor in Council.

Order in council

(2) Sections 3 to 7 come 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:
Publishing and Depository Services
Public Works and Government Services Canada

Explanatory Notes

Canadian Wheat Board Act

Clause 2: Existing text of subsection 3.02(1):

3.02 (1) Four directors are appointed by the Governor in Council on the recommendation of the Minister. Ten directors are elected by producers in accordance with sections 3.06 to 3.08 and the regulations. The president is appointed by the Governor in Council in accordance with section 3.09.

Clause 3: (1) Relevant portion of subsection 32(1):

32. (1) The Corporation shall undertake the marketing of wheat produced in the designated area in interprovincial and export trade and for that purpose shall

...

(b) pay to producers selling and delivering wheat produced in the designated area to the Corporation, at the time of delivery or at any time thereafter as may be agreed on, a sum certain per tonne basis in storage at a pooling point to be fixed from time to time

(i) by regulation of the Governor in Council in respect of wheat of a base grade to be prescribed in those regulations, and

(ii) by the Corporation, with the approval of the Governor in Council, in respect of each other grade of wheat;

(2) Existing text of subsection 32(2.1):

(2.1) For the purpose of paragraph (1)(b.1), the Corporation shall, with the approval of the Governor in Council, establish for each delivery point within the designated area an amount that, in the opinion of the Corporation, fairly represents the difference in the cost of transporting wheat from that point as compared to other delivery points.

Clause 4: (1) Existing text of subsection 33(1.1):

(1.1) With the approval of the Governor in Council and subject to such terms and conditions as the Governor in Council may prescribe, in addition to any payment authorized by section 32, the Corporation may fix and pay in respect of any pool period a sum per tonne to each producer who has sold and delivered wheat to the Corporation in a railway car during the pool period.

(2) Existing text of subsection 33(3):

(3) Notwithstanding subsection (1), if the Governor in Council, having regard to a report by the Corporation of the effect on its financial position of an interim payment on account of the distribution of the balance referred to in subsection (2), is of the opinion that an interim payment can be made without loss, the Governor in Council may authorize and direct that payment to be made.

(3) Existing text of subsection 33(5):

(5) The Corporation shall, with the approval of the Governor in Council, determine and fix the amounts to which producers are entitled per tonne according to grade under certificates issued pursuant to this Part so that each producer receives, in respect of wheat sold and delivered to the Corporation during each crop year for the same grade of wheat, the same price basis at a pooling point and that each price bears a proper price relationship to the price for each other grade.

Clause 5: Existing text of section 34:

34. In taking any action pursuant to section 32, 33 or 37 in respect of a grade of wheat, the Governor in Council or the Corporation may take that action in respect of any wheat within that grade that has an inherent quality characteristic that distinguishes it from any other wheat within that grade as if the wheat having that inherent quality characteristic were wheat of a different grade.

Clause 6: Relevant portion of section 38:

38. The Governor in Council may authorize the Corporation to 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, such amount as the Governor in Council deems to be a reasonable price for the wheat so transferred, and all wheat so transferred shall,

Clause 7: (1) Relevant portion of subsection 39(1):

39. (1) Where 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 thereof under certificates issued pursuant to 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 Governor in Council may authorize the Corporation

(2) Existing text of subsection 39(2):

(2) Any balance transferred to the separate account pursuant to subparagraph (1)(a)(ii), other than such part thereof as is required for the payments referred to in paragraph (1)(b), shall be used for such purposes as the Governor in Council, on the recommendation of the Corporation, may deem to be for the benefit of producers.