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

Marginal note:Arbitration

92. The Commission or a commissioner has capacity, with the consent of the parties involved, to act as an arbitrator in any dispute respecting grain or commercial transactions relating to grain.

Marginal note:Restriction of operations and suspension of licence

• 93. (1) Where, on receiving the report of an inspector pursuant to section 90 or on making an investigation pursuant to section 91, the Commission believes on reasonable grounds that an offence under this Act has been committed by a licensee of an elevator or by a licensed grain dealer or that a condition referred to in paragraph 90(1)(b), (c), (d) or (e) exists in a licensed elevator, the Commission may, by order,

  • (a) require a weigh-over of any grain, grain products or screenings in the elevator by the licensee or a person authorized for the purpose by the Commission and, for that purpose, prohibit, for such period not exceeding thirty days as is specified in the order, the receipt into or removal from the premises of the elevator, or both, of any grain, grain products or screenings;

  • (b) in the case of a condition referred to in paragraph 90(1)(b), (c) or (d),

    • (i) require that the condition be remedied in such manner and within such time as is specified in the order,

    • (ii) require that such grain, grain products and screenings in the elevator as are specified in the order be stored or disposed of in such manner as the Commission considers equitable, and

    • (iii) prohibit, for such period not exceeding thirty days as is specified in the order, any particular use of the elevator or its equipment; and

  • (c) whether or not the Commission exercises any of the powers conferred by paragraphs (a) and (b), in its discretion, suspend the licence to operate the elevator or the licence to carry on business as a grain dealer for such period not exceeding thirty days as is specified in the order.

• Marginal note:Licensee’s opportunity to be heard

  (2) Subject to subsection (3), the Commission may not make an order pursuant to subsection (1) unless the Commission has afforded the licensee or a representative of the licensee full and ample opportunity to be heard.

• Marginal note:Immediate restriction or suspension

  (3) Where, in the circumstances of any particular case, the Commission deems it necessary in the public interest to do so, it may make an order pursuant to subsection (1) without first affording a licensee or a representative of the licensee an opportunity to be heard but, in such event, the Commission shall, as soon as possible after making the order, afford to the licensee a full and ample opportunity to be heard.

Marginal note:Reinstatement of licence and discontinuance of restriction

• 94. (1) A prohibition or requirement contained in an order made pursuant to subsection 93(1) may be discontinued and a licence suspended pursuant to that subsection may be reinstated before the expiration of any period of prohibition or suspension specified in the order if, in the opinion of the Commission, the prohibition, requirement or suspension has ceased to be or is no longer necessary.

• Marginal note:Extension of period of prohibition or suspension

  (2) Subject to subsection (3), the Commission may, on notice in writing to any licensee affected by an order made pursuant to subsection 93(1), extend a period of prohibition or suspension ordered pursuant to that subsection and, in any such case, shall forthwith notify the licensee affected by the order of the Commission’s action.

• Marginal note:Limitation

  (3) A period of prohibition or suspension ordered pursuant to subsection 93(1) shall not be extended for any period that would result in the aggregate period of the prohibition or suspension being longer than thirty days unless

  • (a) before the expiration of thirty days from the commencement of the period of prohibition or suspension, proceedings have been instituted against the licensee or against the manager of the elevator in respect of an offence under this Act, in which event the period of prohibition or suspension is deemed to be extended, unless otherwise ordered by the Commission, until fourteen days after the proceedings are finally concluded; or

  • (b) the licensee has failed to comply with any requirement of an order made pursuant to subsection 93(1) but the Commission is satisfied that

    • (i) the licensee has taken all reasonable measures to comply with the order and will be able to comply with it within a reasonable time, and

    • (ii) the revocation of the licence of the licensee or the institution of proceedings referred to in paragraph (a) is not warranted in the circumstances of the case,

    in which event the period of prohibition or suspension may be extended by order of the Commission for such further period as the Commission deems reasonable.