Canada Grain Act (R.S.C., 1985, c. G-10)

Marginal note:Compulsory removal of grain

• 77. (1) The operator of a licensed terminal elevator or licensed transfer elevator may, with the written permission of the Commission on at least thirty days notice in writing, in a form and manner prescribed, to the last known holder of an elevator receipt issued by the operator, require the holder to take delivery from the elevator of the grain referred to in the receipt.

• Marginal note:Sale of grain

  (2) Where the holder of an elevator receipt issued by the operator of a licensed terminal elevator or licensed transfer elevator fails to take delivery of the grain referred to in a notice given pursuant to subsection (1) within a period for taking delivery set out in the notice, whether or not the notice has been brought to his attention, the operator of the elevator may, on such terms and conditions as may be specified in writing by the Commission, sell the identical grain or grain of the same kind, grade and quantity.

• Marginal note:Obligation on sale

  (3) Where an operator of an elevator sells grain under subsection (2), the operator has no obligation to the holder of the elevator receipt issued in respect of the grain, other than to pay to the holder on surrender of the receipt the amount that the operator received for the grain sold less the aggregate of the costs, if any, incurred in the sale of the grain and the charges accrued under this Act in respect of the grain to the date of the sale.

• Marginal note:Warning

  (4) Each elevator receipt issued by the operator of a licensed terminal elevator or licensed transfer elevator shall bear the warning set out in subsection 65(4).

Marginal note:Receipt

• 78. (1) Subject to any provision of this Act, any regulation or any order of the Commission, the operator of a licensed process elevator shall receive into the elevator grain lawfully delivered to the elevator at the discretion of the operator.

• Marginal note:Issuance of receipt or ticket

  (2) On the receipt of grain from a producer into a licensed process elevator, the operator of the elevator shall, at the prescribed time and in the prescribed manner, issue a grain receipt or a cash purchase ticket stating the grade name, grade and dockage of the grain, and immediately provide the producer with the grain receipt or cash purchase ticket.

• Marginal note:Limitation on discharge

  (3) Except with the permission of the Commission, no operator of a licensed process elevator shall discharge grain from the elevator, otherwise than for direct manufacture or processing into another product, unless the grain is officially inspected and officially weighed at the time of discharge and assigned a grade pursuant to this Act.

Marginal note:Weigh-overs at primary elevators

79. The operator of a licensed primary elevator shall, in such manner and at such intervals as may be prescribed,

• (a) weigh over the grain, grain products and screenings contained in the elevator to determine whether there is an overage or shortage of grain, grain products or screenings in the elevator; and

• (b) thereupon supply to the Commission a stock report in prescribed form.