Bill C-48
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Review of Certain Decisions
Request
113. (1) Any person who is dissatisfied with a prescribed decision of the Commission may, in the prescribed manner and within the prescribed time, ask the Commission to review its decision.
Resolution
(2) Within the prescribed time, the Commission shall attempt to resolve issues raised in the request and, in doing so, may confirm, rescind or vary its decision, in whole or in part.
Review panel
(3) If the Commission does not resolve the issues raised in the request within the prescribed time it shall, in the prescribed manner and within the prescribed time, establish a review panel.
Composition of panel
(4) The review panel must be composed of three members consisting of a representative chosen by the Commission, a representative chosen by the person who requested the review and another person chosen by the two other representatives.
Disagreement
(5) If the representatives do not choose another person within the prescribed time, that person must be chosen in accordance with the regulations.
Recommendations
(6) The review panel shall, in the prescribed manner and within the prescribed time, provide its recommendations to the Commission for the resolution of the issues raised in the request.
Notice to person who requested review
(7) After considering the recommendations of the review panel, the Commission may confirm, rescind or vary its decision, in whole or in part. The Commission shall, in all cases and in the prescribed manner and within the prescribed time, inform the person who requested the review of its decision.
Remuneration and expenses
(8) Each member of a review panel is entitled to be paid
(a) if the member is not a commissioner or a person employed in the federal public administration, an allowance for the member’s services in an amount to be fixed by by-law of the Commission; and
(b) reasonable travel and other expenses while absent from their ordinary place of residence in the course of their duties under this Act.
62. (1) Paragraph 116(1)(d) of the Act is replaced by the following:
(c.1) requiring that a grain dealer, an operator of an elevator or an operator of an eastern elevator provide it with any sample of grain, grain products or screenings in their possession;
(d) respecting the special binning of grain;
(2) Paragraph 116(1)(h) of the Act is replaced by the following:
(h) respecting the receipt, inspection, handling and storage at elevators of imported grain and prescribing the period during which imported grain may remain in storage at any elevator;
2012, c. 31, s. 388(2)
(3) Paragraph 116(1)(k.1) of the Act is replaced by the following:
(k.1) specify the person or class of persons who may realize on or enforce security obtained or given by a licensee;
(4) Subsection 116(1) of the Act is amended by adding the following after paragraph (k.3):
(k.4) respecting, for the purposes of subsection 54.13(1), the risk categories;
(k.5) prescribing, for the purposes of subsection 54.14(1), a percentage of the value of a receipt or cash purchase ticket and, for the purposes of subsection 54.14(2), a maximum amount;
(5) Paragraph 116(1)(n) of the Act is replaced by the following:
(n) prescribing the form of receipts and cash purchase tickets and prescribing other forms to be used under this Act and the manner in which those forms are to be used, transmitted and related to each other;
(6) Subsection 116(1) of the Act is amended by adding the following after paragraph (p):
(p.1) respecting the making of declarations by licensees or by persons who sell or deliver grain to a licensee;
(7) Subsection 116(1) of the Act is amended by adding the following after paragraph (s.3):
(s.4) designating any decision that may be reviewed under section 113 — including those of specific or general application made by order — other than the decisions referred to in the following provisions:
(i) section 19,
(ii) subsection 56(1),
(iii) paragraphs 57(b) and (d),
(iv) section 58,
(v) subsections 69.1(1) and (2),
(vi) subsections 70(1) and (2),
(vii) subsection 70.2(1),
(viii) subsections 70.3(1) to (3),
(ix) section 70.6,
(x) section 75,
(xi) subsection 78(3),
(xii) paragraph 84(1)(b),
(xiii) section 87,
(xiv) subsection 93(1) with respect to a condition referred to in paragraph 90(1)(b), (c) or (d),
(xv) section 94 with respect to a condition referred to in paragraph 90(1)(b), (c) or (d), and
(xvi) paragraphs 118(a), (b), (c), (d) and (h);
(s.5) prescribing, for the purposes of section 113, rules of procedure and rules of confidentiality;
(s.6) providing, for the purposes of subsection 113(5), the manner of choosing a representative;
1994, c. 45, ss. 33(6) and (7)
(8) Subsections 116(2) and (3) of the Act are replaced by the following:
Forms and systems other than prescribed
(2) The Commission may, in writing, permit a licensee to use any form or any system of keeping or issuing receipts, cash purchase tickets or any other document designated by the Commission in addition to or in place of a prescribed form or system.
1994, c. 45, s. 34; 1998, c. 22, par. 25(t)(F)
63. Section 117 of the Act is replaced by the following:
Exemption — type of elevator or type of grain handling operation
117. (1) When, in the opinion of the Commission, the control of any type of elevator or type of grain handling operation is not essential for maintaining the quality, safe-keeping and orderly and efficient handling of grain in Canada, it may, by regulation made with the approval of the Governor in Council, exempt that type of elevator or operation from the licensing or any other requirements of this Act or the regulations, in accordance with any terms and conditions and for any period set out in the regulations.
Exemption — particular elevator or grain handling operation
(2) When, in the opinion of the Commission, the control of any particular elevator or grain handling operation, or any portion of it, is not essential for maintaining the quality, safe-keeping and orderly and efficient handling of grain in Canada, it may, by order, exempt that particular elevator or operation, or portion of it, from the licensing or any other requirements of this Act or the regulations, in accordance with any conditions and for any period set out in the order.
64. Section 119 of the Act is repealed.
2005, c. 24, s. 2.1
65. The heading before section 120.1 and sections 120.1 and 121 of the Act are repealed.
66. The Act is amended by replacing “elevator receipt” and “elevator receipts” with “receipt” and “receipts” respectively, with any grammatical changes that the circumstances require, in the following provisions:
(a) paragraph 45(2)(b);
(b) section 52;
(c) sections 54 and 54.1;
(d) subparagraph 61(b)(iii);
(e) subsections 62(1) and (3);
(f) sections 65 to 68;
(g) section 71;
(h) sections 73 and 74;
(i) section 77;
(j) the heading “Cash Purchase Tickets and Elevator Receipts” before section 111;
(k) section 112;
(l) paragraph 116(1)(o); and
(m) paragraph 120(a).
67. The French version of the Act is amended by replacing “appellation” and “appellations” with “nom” and “noms” respectively, with any grammatical changes that the circumstances require, in the following provisions:
(a) subsection 16(1);
(b) section 19;
(c) paragraph 24(2)(b);
(d) paragraph 83(2)(a);
(e) subsection 102(1); and
(f) paragraphs 105(a) and (b).
68. The French version of the Act is amended by replacing “inspecteur en chef des grains pour le Canada” with “inspecteur en chef des grains du Canada”, with any grammatical changes that the circumstances require, in the following provisions:
(a) section 39;
(b) section 41; and
(c) subsections 70(5) to (10).
69. The French version of the Act is amended by replacing “ordonnance” and “ordonnances” with “arrêté” and “arrêtés” respectively, with any grammatical changes that the circumstances require, in the following provisions:
(a) subparagraph 49(2)(b)(i); and
(b) the heading before section 93.
70. The French version of the Act is amended by replacing “véhicule de transport” and “véhicules de transport” with “véhicule” and “véhicules” respectively, with any grammatical changes that the circumstances require, in the following provisions:
(a) subsection 52(2);
(b) the portion of subsection 67(1) before paragraph (a);
(c) paragraph 67(2)(a);
(d) the portion of subsection 74(1) before paragraph (a);
(e) paragraph 74(1)(b);
(f) subsection 74(2); and
(g) section 85.
CONSEQUENTIAL AMENDMENTS
1991, c. 46
Bank Act
71. Paragraph (d) of the definition “warehouse receipt” in subsection 425(1) of the Bank Act is replaced by the following:
(d) Lake Shippers’ Clearance Association receipts and transfer certificates, British Columbia Grain Shippers’ Clearance Association receipts and transfer certificates, and all documents recognized by the Canada Grain Act as receipts, and
1995, c. 40
Agriculture and Agri-Food Administrative Monetary Penalties Act
1997, c. 21, s. 29
72. The long title of the Agriculture and Agri-Food Administrative Monetary Penalties Act is replaced by the following:
An Act to establish a system of administrative monetary penalties for the enforcement of the Canada Agricultural Products Act, the Canada Grain Act, the Farm Debt Mediation Act, the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Meat Inspection Act, the Pest Control Products Act, the Plant Protection Act and the Seeds Act
1997, c. 21, s. 30; 2002, c. 28, s. 82
73. The definitions “agri-food Act” and “Minister” in section 2 of the Act are replaced by the following:
“agri-food Act”
« loi agroalimentaire »
« loi agroalimentaire »
“agri-food Act” means the Canada Agricultural Products Act, the Canada Grain Act, the Farm Debt Mediation Act, the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Meat Inspection Act, the Pest Control Products Act, the Plant Protection Act or the Seeds Act;
“Minister”
« ministre »
« ministre »
“Minister” means the Minister of Agriculture and Agri-Food, except that
(a) it means the Minister of Health in relation to a violation involving a contravention of
(i) the Pest Control Products Act, or
(ii) a provision relating to food safety of an agri-food Act or of a regulation made under such an Act,
(b) it means the Minister of Public Safety and Emergency Preparedness in relation to a notice of violation issued in respect of the contravention of program legislation referred to in subsection 11(5) of the Canadian Food Inspection Agency Act, and
(c) it means the Minister within the meaning of section 2 of the Canada Grain Act in relation to a violation involving a contravention of that Act;
74. Paragraph 4(1)(a) of the Act is amended by striking out “and” at the end of subparagraph (ii), by adding “and” at the end of subparagraph (iii) and by adding the following after subparagraph (iii):
(iv) the contravention of any specified order made by the Canadian Grain Commission under the Canada Grain Act,
1998, c. 22
An Act to amend the Canada Grain Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to repeal the Grain Futures Act
75. Subsection 1(3) of An Act to amend the Canada Grain Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to repeal the Grain Futures Act is repealed.
76. Section 5 of the Act is repealed.
77. Section 9 of the Act is repealed.
78. Section 13 of the Act is repealed.
79. Sections 18 to 23 of the Act are repealed.
80. Sections 26 to 28 of the Act are repealed.
2011, c. 25, s. 14
Canadian Wheat Board (Interim Operations) Act
81. Section 39 of the French version of the Canadian Wheat Board (Interim Operations) Act is replaced by the following:
Nom de grade
39. Le nom de grade du grain désigné dans tout règlement pris en vertu du paragraphe 38(1) est celui qui lui est donné sous le régime de la Loi sur les grains du Canada, suivi du terme « désigné ».
2012, c. 24
Safe Food for Canadians Act
82. Section 109 of the Safe Food for Canadians Act is repealed.
2012, c. 31
Jobs and Growth Act, 2012
83. Sections 361 to 364 of the Jobs and Growth Act, 2012 are repealed.
84. Sections 407 and 408 of the Act are repealed.
2014, c. 8
Fair Rail for Grain Farmers Act
85. Section 14 of the Fair Rail for Grain Farmers Act and the heading before it are repealed.
TRANSITIONAL PROVISIONS
Receipts
86. The elevator receipts and grain receipts, within the meaning of section 2 of the Canada Grain Act, that are held by a holder, within the meaning of section 2 of that Act, on the day on which subsection 3(8) of this Act comes into force, continue to have effect as if they were receipts issued under section 2 of that Act as it read on that day.
New security
87. Every licensee who has given security under the Canada Grain Act before the coming into force of section 23 of this Act, shall obtain or give security as required by subsection 45.1(1), as enacted by that section, within 90 days after the day on which that section 23 comes into force.
Security
88. Security given under the Canada Grain Act before the day on which section 23 of this Act comes into force may be retained for the duration of its validity, but in no case for no more than 180 days from the day on which that section comes into force, and used for any purpose for which it was given.
COORDINATING AMENDMENTS
Bill C-18
89. (1) Subsections (2) and (3) apply if Bill C-18, introduced in the 2nd Session of the 41st Parliament and entitled the Agricultural Growth Act (in this section referred to as the “other Act”), receives royal assent.
(2) If section 73 of this Act comes into force before section 113 of the other Act, then that section 113 is repealed.
(3) If section 113 of the other Act comes into force on the same day as section 73 of this Act, then that section 113 is deemed to have come into force before that section 73.
2011, c. 25
90. (1) In this section, “other Act” means the Marketing Freedom for Grain Farmers Act.
(2) If section 59 of the other Act comes into force before section 31 of this, then that section 31 is replaced by the following:
31. Section 55 of the Act is replaced by the following:
Works for general advantage of Canada
55. (1) All existing and future elevators in Canada are collectively and individually works for the general advantage of Canada.
Other works
(2) Every flour mill, feed mill, feed warehouse and seed cleaning mill is a work for the general advantage of Canada.
(3) If section 31 of this Act comes into force before section 59 of the other Act, then that section 59 is replaced by the following:
59. Section 55 of the Canada Grain Act is renumbered as subsection 55(1) and amended by adding the following after subsection (1):
Other works
(2) Every flour mill, feed mill, feed warehouse and seed cleaning mill is a work for the general advantage of Canada.
(4) If section 31 of this Act comes into force on the same day as section 59 of the other Act then, that section 59 is deemed to have come into force before that section 31 and subsection (2) applies as a consequence.
2012, c. 24
91. (1) In this section, “other Act” means the Safe Food for Canadians Act.
(2) On the first day on which both section 97 of the other Act and section 72 of this Act are in force, the long title of the Agriculture and Agri-Food Administrative Monetary Pen-alties Act is replaced by the following:
An Act to establish a system of administrative monetary penalties for the enforcement of the Canada Grain Act, the Farm Debt Mediation Act, the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Pest Control Products Act, the Plant Protection Act, the Safe Food for Canadians Act and the Seeds Act
(3) On the first day on which both section 98 of the other Act and section 73 of this Act are in force, the definition “agri-food Act” in section 2 of the Agriculture and Agri-Food Administrative Monetary Penalties Act is replaced by the following:
“agri-food Act”
« loi agroalimentaire »
« loi agroalimentaire »
“agri-food Act” means the Canada Grain Act, the Farm Debt Mediation Act, the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Pest Control Products Act, the Plant Protection Act, the Safe Food for Canadians Act or the Seeds Act;
COMING INTO FORCE
Order in council
92. (1) Section 2, subsections 3(1) to (3) and (5) to (8), (10) and (11), sections 5 to 8, 10 to 21, 26 and 28 to 33, subsection 34(2), sections 35 to 47, subsections 48(2) and (3), sections 53 to 56, subsection 58(2) and sections 59 to 63, 65 to 71 and 81 come into force on a day or days to be fixed by order of the Governor in Council.
Order in council
(2) Subsections 22(1) and (2) and 25(1) to (3) come into force on a day to be fixed by order of the Governor in Council.
Order in council
(3) Subsection 22(3), section 23 and subsections 24(1) and (2) and 25(4) come into force on a day to be fixed by order of the Governor in Council which may not be earlier than one day after the day on which subsections 22(1) and (2) and 25(1) to (3) come into force.
Order in council
(4) Subsections 3(9), 24(3) and 48(1) and (4), sections 49 to 52 and 57, subsection 58(1) and sections 72 to 74 come into force on a day to be fixed by order of the Governor in Council which may not be earlier than one day after the day on which subsection 48(3) comes into force.
Published under authority of the Speaker of the House of Commons
Explanatory Notes
Clause 62: (1) to (7) Relevant portion of subsection 116(1):
116. (1) The Commission may, with the approval of the Governor in Council, make regulations
...
(d) specifying the procedure to be followed by the parties to any contract for special binning for the purpose of ensuring the preservation of the identity of specially binned grain;
...
(h) respecting the receipt, inspection, handling and storage at elevators of foreign grain and prescribing the period of time that foreign grain may remain in storage at any elevator;
...
(k.1) specify the person or class of persons who may realize on or enforce security obtained by a licensee;
...
(n) prescribing the form of cash purchase tickets and elevator receipts and prescribing other forms to be used pursuant to this Act and the manner in which those forms are to be used, transmitted and related to each other;
(8) Existing text of subsections 116(2) and (3):
(2) The Commission may, in writing, permit a licensee to use any form or any system of keeping or issuing cash purchase tickets, elevator receipts or any other document designated by the Commission in addition to or in place of a prescribed form or system.
(3) The Commission may, by regulation made with the approval of the Governor in Council, establish a list of premises in the Eastern Division used either in whole or in part for the storage of grain.
Clause 63: Existing text of section 117:
117. Where, in the opinion of the Commission, the control of any type of elevator or type of grain handling operation or any particular elevator or grain handling operation is not essential for maintaining the quality, safe-keeping and orderly and efficient handling of grain in Canada, the Commission may,
(a) by regulation made with the approval of the Governor in Council, exempt that type of elevator or operation from the licensing or any other requirements of this Act or the regulations, or
(b) by order, exempt that particular elevator or operation from the licensing or any other requirements of this Act or the regulations,
on such conditions and for such period as may be set out in the regulation or order.
Clause 64: Existing text of section 119:
119. This Act is binding on Her Majesty in right of Canada or a province.
Clause 65: Existing text of the heading and sections 120.1 and 121:
REVIEW AND REPORT
120.1 Within a year after the coming into force of this section, the Minister shall cause
(a) an independent and comprehensive review of the Commission and of the provisions and operation of this Act to be conducted; and
(b) a report on the review to be laid before each House of Parliament, including a statement of any changes recommended by the authors of the review.
COMING INTO FORCE
*121. (1) Paragraphs (d) and (e) of the definition “elevator” in section 2 and subsections 55(2) and (3) or any of those provisions shall come into force on a day or days to be fixed by proclamation.
(2) A proclamation bringing into force paragraph (d) or (e) of the definition “elevator” in section 2 or subsection 55(2) or (3) shall fix as the day on which such paragraph or subsection is to come into force a day that is not earlier than six months after the day the issue of the proclamation is authorized.
* [Note: Paragraphs (d) and (e) of the definition “elevator” in section 2 and subsections 55(2) and (3) not in force.]
Bank Act
Clause 71: Relevant portion of the definition:
“warehouse receipt” includes
...
(d) Lake Shippers’ Clearance Association receipts and transfer certificates, British Columbia Grain Shippers’ Clearance Association receipts and transfer certificates, and all documents recognized by the Canada Grain Act as elevator receipts, and
Agriculture and Agri-Food Administrative Monetary Penalties Act
Clause 72: Existing text of the long title:
An Act to establish a system of administrative monetary penalties for the enforcement of the Canada Agricultural Products Act, the Farm Debt Mediation Act, the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Meat Inspection Act, the Pest Control Products Act, the Plant Protection Act and the Seeds Act
Clause 73: Existing text of the definition:
“agri-food Act” means the Canada Agricultural Products Act, the Farm Debt Mediation Act, the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Meat Inspection Act, the Pest Control Products Act, the Plant Protection Act or the Seeds Act;
“Minister” means the Minister of Agriculture and Agri-Food, except that, in relation to a violation involving a contravention of the Pest Control Products Act , it means the Minister of Health;
Clause 74: Relevant portion of paragraph 4(1)(a):
4. (1) The Minister may make regulations
(a) designating as a violation that may be proceeded with in accordance with this Act
(i) the contravention of any specified provision of an agri-food Act or of a regulation made under an agri-food Act,
(ii) the contravention of any specified order, or class of orders, made by the Minister under the Plant Protection Act, or
(iii) the refusal or neglect to perform any specified duty, or class of duties, imposed by or under the Plant Protection Act or the Health of Animals Act,
if the contravention, or the failure or neglect to perform the duty, as the case may be, is an offence under an agri-food Act;
Canadian Wheat Board (Interim Operations) Act
Clause 81: Existing text of section 39:
39. L’appellation de grade du grain désigné dans tout règlement pris en vertu du paragraphe 38(1) est celle qui lui est donnée sous le régime de la Loi sur les grains du Canada, suivie du terme « désigné ».