Canada Grain Regulations (C.R.C., c. 889)

Regulations are current to 2013-04-29 and last amended on 2012-08-01. Previous Versions

PART 3

LICENCES AND LICENSEES

Exemptions from Licensing

[SOR/2001-273, s. 8]

  • 15. (1) The following types of elevators are exempted under paragraph 117(a) of the Act from the licensing requirements of the Act:

    • (a) an elevator constructed for the purpose of handling and storing grain as part of the operation of a feed mill;

    • (b) a process elevator, other than an elevator referred to in paragraph (a), if the operator of the elevator does not purchase grain from producers, does not assume obligations to producers for the payment of money in respect of grain and allows the Commission access to the operator’s records for the elevator;

    • (c) an elevator constructed for the purpose of handling and storing grain as part of the operation of a seed cleaning plant, if the operator of the seed cleaning plant does not operate the elevator to handle, store or purchase grain except grain for seed purposes and allows the Commission access to the operator’s records for the elevator; and

    • (d) any elevator, if the operator of the elevator operates the elevator only as an agent or mandatary for licensees, the licensees provide security to the Commission for all grain received into the elevator and the operator allows the Commission access to the operator’s records for the elevator.

  • (2) The grain handling operation of a grain dealer is exempted under paragraph 117(a) of the Act from the licensing requirements of the Act if the grain dealer allows the Commission access to the grain dealer’s records for dealing in and handling western grain and

    • (a) the grain dealer does not deal in or handle western grain except as an agent or mandatary for licensees and the licensees provide security to the Commission for all western grain transactions handled by the grain dealer;

    • (b) the grain dealer does not deal in or handle western grain except grain for seed purposes; or

    • (c) the grain dealer does not purchase western grain from producers and does not assume obligations to producers for the payment of money in respect of western grain.

  • SOR/89-376, s. 14(F);
  • SOR/89-395, s. 1;
  • SOR/93-197, s. 3;
  • SOR/96-508, s. 11;
  • SOR/2000-213, s. 2;
  • SOR/2001-273, s. 9;
  • SOR/2002-255, s. 4;
  • SOR/2004-198, s. 8;
  • SOR/2006-206, s. 3.
Previous Version

15.1 and 15.2 [Repealed, SOR/2000-213, s. 2]

General Conditions of Licensing

16. It is a condition of every licence to operate an elevator that the licensee shall

  • (a) store all grain received in an elevator building described in the application for the licence;

  • (b) notify the Commission in writing of any functional alteration to the elevator building described in the application or any functional alteration respecting grain flows or sampling or control mechanisms, and of any addition to any equipment associated with the elevator, within 15 days after plans for the alteration or addition become available;

  • (c) without delay notify the Commission in writing of any damage to, or destruction of, any elevator building described in the application, or damage to, or destruction or removal of, any equipment required by the Commission to be installed in the elevator building;

  • (d) without delay notify the Commission in writing of any damage to, or the destruction of, any grain stored in any elevator building described in the application;

  • (e) keep each elevator building and all associated equipment in good repair and in good working order;

  • (e.1) keep sampling and weighing equipment and areas surrounding the equipment clean and accessible; and

  • (f) keep the licence posted in a conspicuous place in the elevator.

  • SOR/89-376, s. 14(F), 16(F);
  • SOR/2000-213, s. 2;
  • SOR/2001-273, s. 10;
  • SOR/2002-255, s. 5;
  • SOR/2003-284, s. 9(E);
  • SOR/2004-198, s. 9;
  • SOR/2005-361, s. 4.