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

Full Document:  

Act current to 2020-10-05 and last amended on 2020-07-01. Previous Versions

PART VIEnforcement and Enforcement Procedures (continued)

Procedure

Marginal note:Notification of order

  •  (1) A copy of an order of the Commission refusing to issue a licence or revoking a licence or for the payment of any money or apportionment of any loss, together with any written reasons for the decision, shall, after the making of the order, be forwarded in accordance with any rules made pursuant to subsection (2) to each person affected by the order and to such other persons as may be specified in those rules.

  • Marginal note:Rules

    (2) The Commission may make rules

    • (a) respecting the procedure for making applications, representations and complaints to the Commission and for the conduct of public hearings held by it; and

    • (b) generally respecting the conduct of the business of the Commission in relation to investigations and public hearings.

  • R.S., 1985, c. G-10, s. 99
  • 1998, c. 22, s. 25(F)

Enforcement of Orders for Payment

Marginal note:Filing of orders in Court

  •  (1) An order of the Commission for the payment of any money or apportionment of any loss may be filed in the Federal Court, in this Part referred to as “the Court”, after thirty days following the date on which the order is made.

  • Marginal note:Registration of order

    (2) On filing in the Court under subsection (1), an order of the Commission referred to in that subsection shall be registered in the Court and, subject to subsection (4), when registered has the same force and effect, and all proceedings may be taken thereon, as if the order were a judgment obtained in the Court for a debt of the amount specified in the order plus interest to the date of payment as provided for in the order of the Commission.

  • Marginal note:Costs and charges

    (3) The reasonable costs and the charges attendant on the registration of an order pursuant to this section are recoverable in like manner as if they were an amount included in the order of the Commission.

  • Marginal note:Stay of execution

    (4) The Court may direct a stay of execution of an order registered pursuant to this section pending disposition of an appeal pursuant to section 101 on such terms as to the Court seem just.

  • R.S., 1985, c. G-10, s. 100
  • 1998, c. 22, s. 25(F)

Appeals to Court

Marginal note:Appeal to Court

  •  (1) An appeal from an order of the Commission for the payment of any money or apportionment of any loss lies to the Court.

  • Marginal note:Institution of appeal

    (2) An appeal under subsection (1) shall be instituted by filing a notice of appeal in the Court within thirty days after the making of the order sought to be appealed from or within such further time as the Court under special circumstances allows.

  • Marginal note:Service

    (3) Notice of an appeal under this section shall be served forthwith after the filing thereof on the Commission and on all interested parties.

  • R.S., 1985, c. G-10, s. 101
  • 1998, c. 22, s. 25(F)

Prohibitions, Offences and Punishment

Marginal note:Prohibition respecting grade names

  •  (1) No person shall, in the purchase or sale of grain, use a grade name established by or under this Act in any record or acknowledgement of the receipt or discharge of grain unless the person is licensed under this Act.

  • Marginal note:Exceptions

    (2) Subsection (1) does not apply to a sale of grain by a producer who produced the grain.

  • R.S., 1985, c. G-10, s. 102
  • 1994, c. 45, s. 31

Marginal note:Prohibition respecting forms

 No person other than a licensee shall issue a cash purchase ticket, an elevator receipt or a grain receipt or any other document that so closely resembles one of them that confusion may be caused.

  • (2) [Repealed, R.S., 1985, c. 37 (4th Supp.), s. 26]

  • R.S., 1985, c. G-10, s. 103
  • R.S., 1985, c. 37 (4th Supp.), s. 26
  • 1994, c. 45, s. 32

Marginal note:Prohibitions respecting elevator operations

 No operator of a licensed elevator shall

  • (a) issue a cash purchase ticket acknowledging the purchase of any grain or an elevator receipt or other document purporting to acknowledge the receipt of any grain if the grain has not been purchased or received into the elevator;

  • (b) permit to be outstanding in respect of a quantity of grain in the elevator more than one cash purchase ticket or more than one elevator receipt or other document acknowledging receipt of the grain;

  • (c) except under the regulations or an order of the Commission, receive into or discharge from the elevator any grain, grain product or screenings that is infested or contaminated or that may reasonably be regarded as being infested or contaminated; or

  • (d) except with the permission of the Commission, mix with any grain in the elevator any material other than grain.

  • R.S., 1985, c. G-10, s. 104
  • 1998, c. 22, s. 25(F)

Marginal note:General prohibitions

 No person shall

  • (a) use any grade name established by or under this Act in dealing in, handling or describing any grain that does not possess the characteristics of grain of that grade;

  • (b) use any name, or name and number, so nearly resembling any grade name as to be calculated or likely to cause confusion with that grade name;

  • (c) offer for sale or storage or submit for official inspection grain that has been so treated, mixed or dealt with as to conceal its true characteristics; or

  • (d) except under the regulations or an order of the Commission, deliver to or receive from an elevator any grain, grain product or screenings that is infested or contaminated or that may reasonably be regarded as being infested or contaminated.

  • R.S., 1985, c. G-10, s. 105
  • 1998, c. 22, s. 25(F)

 [Repealed, 2011, c. 25, s. 31]

Marginal note:Fraudulent or false acts

 No person shall

  • (a) make such representation in respect of grain, or so handle grain, that the representation or handling might reasonably be regarded as being a misleading representation made for the purpose of obtaining the issuance of an incorrect inspection certificate;

  • (b) represent any grain inspection certificate or end-use certificate as relating to any grain other than grain to which it properly relates; or

  • (c) being the operator of an elevator or an inspector or a weigher,

    • (i) knowingly state an incorrect weight in respect of any grain delivered into or discharged from an elevator, or

    • (ii) knowingly take or claim excessive dockage from grain received into an elevator.

  • R.S., 1985, c. G-10, s. 106
  • 1988, c. 65, s. 130

Marginal note:Offence and punishment

  •  (1) Every operator of an elevator who contravenes or fails to comply with section 72 is guilty of an offence and

    • (a) if an individual, is liable

      • (i) on summary conviction, to a fine not exceeding nine thousand dollars or to imprisonment for a term not exceeding two years, or to both, or

      • (ii) on conviction on indictment, to a fine not exceeding eighteen thousand dollars or to imprisonment for a term not exceeding four years, or to both; or

    • (b) if a corporation, is liable

      • (i) on summary conviction, to a fine not exceeding thirty thousand dollars, or

      • (ii) on conviction on indictment, to a fine not exceeding sixty thousand dollars.

  • (1.1) [Repealed, 2011, c. 25, s. 32]

  • Marginal note:Idem

    (2) Every person who contravenes any provision of this Act, other than section 72, or of the regulations or any order of the Commission, other than an order for the payment of any money or apportionment of any loss, is guilty of an offence and

    • (a) if an individual, is liable

      • (i) on summary conviction, to a fine not exceeding six thousand dollars or to imprisonment for a term not exceeding one year, or to both, or

      • (ii) on conviction on indictment, to a fine not exceeding twelve thousand dollars or to imprisonment for a term not exceeding two years, or to both; or

    • (b) if a corporation, is liable

      • (i) on summary conviction, to a fine not exceeding nine thousand dollars, or

      • (ii) on conviction on indictment, to a fine not exceeding eighteen thousand dollars.

  • R.S., 1985, c. G-10, s. 107
  • R.S., 1985, c. 37 (4th Supp.), s. 27
  • 1988, c. 65, s. 131
  • 2011, c. 25, s. 32
 
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