Bill C-18

Continuance

41. (1) The following definitions apply in this Part and in Parts 4 and 5.

“board” means the board of directors of the Corporation as defined in subection 2(1) of the Canadian Wheat Board (Interim Operations) Act.

“Corporation” means the Canadian Wheat Board continued by subsection 4(1) of the Canadian Wheat Board (Interim Operations) Act.

“Minister” means the Minister of Agriculture and Agri-Food.

(2) Unless it is otherwise provided, words and expressions used in this Part or in Part 4 or 5 have the same meaning as in the Canadian Wheat Board (Interim Operations) Act.

42. (1) The Corporation must submit an application for continuance under one of the following Acts for the Minister’s approval:

(a) the Canada Business Corporations Act;

(b) the Canada Cooperatives Act; or

(c) the Canada Not-for-profit Corporations Act.

(2) The application must be submitted to the Minister within four years, or any shorter period specified by the Minister, after the day on which this Part comes into force.

(3) Once the application has been approved by the Minister, the Corporation must submit the application to the applicable authorities under the relevant Act.

(4) The application is not invalid solely because the Corporation is incorporated by an Act of Parliament.

43. The Corporation is not entitled to apply for continuance in another jurisdiction.

Coming into Force

44. This Part comes into force on the day on which Part 2 comes into force.

Ceasing to Have Effect

45. This Part ceases to have effect on the day on which Part 4 applies.

PART 4

DISSOLUTION OF THE CANADIAN WHEAT BOARD

Application

46. This Part applies only if the Corporation is not continued under Part 3 within five years, or any shorter period specified by the Governor in Council, after the day on which that Part comes into force.

Final Pool Period

47. (1) The Minister must, by order, in respect of each grain, designate one or more pool periods set by the Corporation under section 27 of the Canadian Wheat Board (Interim Operations) Act as a final pool period for the purposes of winding up the Corporation.

(2) The Corporation must make all payments due under subsection 29(3) of the Canadian Wheat Board (Interim Operations) Act in respect of the final pool period before winding up the Corporation under section 48.

(3) After the end of the final pool period, the Corporation may exercise its powers under the Canadian Wheat Board (Interim Operations) Act only for the purpose of administering that pool period and winding up the Corporation.

Distribution of Assets

48. (1) The property of the Corporation is to be applied in satisfaction of its debts and liabilities, and the charges, costs and expenses incurred in winding-up its affairs.

(2) For greater certainty, the contingency fund established under subsection 18(1) of the Canadian Wheat Board (Interim Operations) Act forms part of the property of the Corporation.

49. (1) The Minister may fix a date by which all claims against the Corporation are to be submitted to the Corporation and must publish a notice of that date in the Canada Gazette at least 60 days before that date.

(2) Any claim against the Corporation that is not submitted in accordance with subsection (1) is void.

50. All charges, costs and expenses properly incurred in the winding-up of the Corporation, including the remuneration of any liquidator appointed under section 52, are payable out of the assets of the Corporation, in priority to all other claims.

51. (1) Any surplus that remains after the satisfaction of the debts and liabilities of the Corporation and the winding-up charges, costs and expenses belongs to Her Majesty in right of Canada.

(2) Any debts and liabilities of the Corporation that remain unsatisfied on the day on which the Corporation is dissolved become the debts and liabilities of Her Majesty in right of Canada.

Appointment of Liquidator

52. If the Minister considers it necessary to fully carry out the purpose of this Part, the Minister may appoint a liquidator, who is to hold office during pleasure, to administer the final pool period and wind up the Corporation.

53. On appointment of a liquidator,

(a) the president, chairperson and other directors cease to hold their respective offices and the liquidator may exercise all of the powers and perform all the duties and functions of the Corporation; and

(b) the by-laws made under section 9 of the Canadian Wheat Board (Interim Operations) Act are deemed to be revoked.

54. The liquidator may refuse to honour any gratuitous contract, or conveyance or contract without consideration or with a merely nominal consideration, respecting either real or personal property or immovables or movables, made by the Corporation before the appointment of the liquidator.

Dissolution Date

55. The Corporation is dissolved on a day fixed by order of the Governor in Council.

PART 5

REPEAL OF THE CANADIAN WHEAT BOARD (INTERIM OPERATIONS) ACT

Application

56. This Part applies when the Corporation is continued under Part 3 or dissolved under Part 4.

Transitional Provision

57. Despite sections 58 and 63, the Library and Archives of Canada Act continues to apply to the Corporation but only in respect of government records, as defined in that Act, that were under the control of the Corporation on the day before the day on which this Part applies.

Consequential Amendments

Access to Information Act

58. Schedule 1 to the Access to Information Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

Canadian Wheat Board

Canada Grain Act

59. Section 55 of the Canada Grain Act is amended by adding the following after subsection (1):

Canada Transportation Act

60. The definition “government hopper car” in section 147 of the Canada Transportation Act is replaced by the following:

“government hopper car” means a hopper car provided to a prescribed railway company by the government of Canada or a province;

Federal-Provincial Fiscal Arrangements Act

61. Schedule 1 to the Federal-Provincial Fiscal Arrangements Act is amended by striking out the following:

Canadian Wheat Board

Payments in Lieu of Taxes Act

62. Schedule III to the Payments in Lieu of Taxes Act is amended by striking out the following:

Canadian Wheat Board

Privacy Act

63. The schedule to the Privacy Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

Canadian Wheat Board

Repeal

64. The Canadian Wheat Board (Interim Operations) Act is repealed.