PART IVElevators and Grain Dealers and the Handling of Grain by Licensees and Other Persons (continued)
Terminal Elevators (continued)
Marginal note:Elevator receipt
71 (1) On receipt of grain into a licensed terminal elevator, the operator of the elevator shall, if the grain has been weighed under subsection 69.1(1) or (2), or inspected under subsection 70(1) or (2) or weighed or inspected — officially or otherwise — under section 70.2,
(a) immediately issue an elevator receipt for the grain and any screenings that he or she is required to report; and
(b) on surrender of the bill of lading relating to the grain, together with evidence of the payment of the charges accrued on the grain before its receipt into the elevator, deliver the elevator receipt to or on the order of the holder of the bill of lading.
Marginal note:Receipt for grain containing excessive moisture or intermixed with other material
(2) Despite any provision of this Act relating to the delivery of grain of the same kind, grade and quantity as that referred to in an elevator receipt, if the operator of a licensed terminal elevator issues an elevator receipt for grain to which any grade would be assignable but for its excessive moisture or intermixture with another material removable by treatment, that operator, on the drying or treatment of the grain, as the case may be, shall recall the receipt, assign the grain a grade and issue a new elevator receipt for grain of that grade that is adjusted to the grain’s dried quantity or quantity remaining after the treatment.
(3) The elevator receipt issued for grain referred to in subsection (2) on the receipt of the grain into a licensed terminal elevator shall state that the receipt is subject to recall and adjustment.
Marginal note:Grain owned by licensee
(4) If the operator of a licensed terminal elevator becomes the owner of grain removed from screenings in that elevator, the operator may, with the Commission’s permission, issue an elevator receipt in his or her own name for the grain.
- R.S., 1985, c. G-10, s. 71
- 2012, c. 31, s. 369
Marginal note:Specially binning grain restricted
72 The operator of a licensed terminal elevator shall not specially bin any grain except as may be authorized by regulation and in the prescribed manner.
- R.S., 1985, c. G-10, s. 72
- 1998, c. 22, s. 25(F)
- 2005, c. 24, s. 2
- 2012, c. 31, s. 370
Marginal note:Priority of claims
73 Subject to subsection 77(3), the holder of an elevator receipt issued in respect of grain in a licensed terminal elevator is entitled, in priority to all other claims affecting the grain, to the grain referred to in the receipt or to grain in the elevator of the same kind, grade and quantity as the grain referred to in the receipt.
- R.S., 1985, c. G-10, s. 73
- 1994, c. 45, s. 19
- 2012, c. 31, s. 371
Marginal note:Discharge from elevator
74 (1) Subject to section 86, the operator of a licensed terminal elevator shall without delay discharge into a conveyance referred to in paragraph (b), to the extent of the conveyance’s capacity, the identical grain or grain of the same kind, grade and quantity that any elevator receipt issued by the operator requires if the holder of the receipt who may lawfully deliver grain referred to in that receipt to another elevator or to a consignee at a destination other than an elevator
(a) requests that the grain be shipped,
(b) causes to be placed at the elevator to transport the grain a conveyance that is capable of receiving grain discharged from the elevator and to which the grain may lawfully be delivered, and
(c) surrenders the elevator receipt and pays the charges accrued under this Act in respect of the grain referred to in the receipt.
(2) The operator of an elevator shall be deemed to have discharged grain forthwith as required by subsection (1) if the operator discharges grain in respect of which elevator receipts have been tendered or surrendered and the charges accrued under this Act have been tendered or paid, in the order in which conveyances for the grain are presented and as rapidly as due diligence, care and prudence justify.
- R.S., 1985, c. G-10, s. 74
- 2012, c. 31, s. 372
Marginal note:Limitation on receipt and discharge
75 No operator or manager of a licensed terminal elevator shall, except with the Commission’s written permission,
(a) permit any grain that has been officially inspected on discharge from the elevator to be again received into the elevator; or
(b) permit any grain containing dockage to be discharged from the elevator.
- R.S., 1985, c. G-10, s. 75
- 2012, c. 31, s. 373
Marginal note:Procedure if grain requires treatment or must be disposed of
(a) the operator of the elevator shall, without delay, inform the Commission, the principal inspector at the nearest inspection point and, if the grain is specially binned, the persons having an interest or right in the grain;
(b) the Commission shall, if it deems it necessary, arrange for the inspection of the grain;
(c) the Commission, or a person authorized by the Commission, shall give such directions as to the treatment or disposal of the grain as the circumstances require; and
(d) the operator of the elevator shall forthwith treat or dispose of the grain as so directed.
Marginal note:Mixing prohibited
(2) Except with the permission of the Commission, no grain in respect of which a direction has been given pursuant to subsection (1) shall thereafter be mixed with other grain.
Marginal note:Costs of treatment, etc.
(3) If, under a direction given under subsection (1), grain referred to in an elevator receipt indicating special binning issued by the operator of a licensed terminal elevator has been treated, shipped or otherwise disposed of, the costs incurred by the operator of the elevator in complying with the direction are recoverable from the persons having an interest or right in the grain in proportion to their respective interests or rights.
Marginal note:Operator not relieved of statutory or contractual obligation
(4) Nothing in this section shall be construed as relieving the operator of a licensed terminal elevator from the performance of any obligation imposed on him or her under this Act or any contract under which any grain came into or remains in the operator’s possession.
- R.S., 1985, c. G-10, s. 76
- 2004, c. 25, s. 107
- 2012, c. 31, s. 374
Marginal note:Compulsory removal of grain
77 (1) The operator of a licensed terminal elevator may, with the Commission’s written permission, on at least 30 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) If the holder of an elevator receipt issued by the operator of a licensed terminal elevator fails to take delivery of the grain referred to in a notice given under subsection (1) within the period for taking delivery set out in it, whether or not the notice has been brought to his or her attention, the operator of the elevator may, on any terms that 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.
(4) Each elevator receipt issued by the operator of a licensed terminal elevator shall bear the warning set out in subsection 65(4).
- R.S., 1985, c. G-10, s. 77
- 2012, c. 31, s. 375
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.
- R.S., 1985, c. G-10, s. 78
- R.S., 1985, c. 37 (4th Supp.), s. 22
- 1994, c. 45, s. 20
- Date modified: