PART VIIGeneral (continued)
Regulations and Orders (continued)
Marginal note:Exemption from requirements of Act and regulations
117 Where, in the opinion of the Commission, the control of any type of elevator or type of grain handling operation or any particular elevator or grain handling operation is not essential for maintaining the quality, safe-keeping and orderly and efficient handling of grain in Canada, the Commission may,
(a) by regulation made with the approval of the Governor in Council, exempt that type of elevator or operation from the licensing or any other requirements of this Act or the regulations, or
(b) by order, exempt that particular elevator or operation from the licensing or any other requirements of this Act or the regulations,
on such conditions and for such period as may be set out in the regulation or order.
- R.S., 1985, c. G-10, s. 117
- 1994, c. 45, s. 34
- 1998, c. 22, s. 25(F)
Marginal note:Orders of the Commission
118 The Commission may make orders
(a) subject to any order made by the Governor in Council under section 115, governing the allocation of available railway cars to terminal elevators and among shipping points on any line of railway;
(a.1) exempting a licensee from the requirement to obtain security;
(a.2) requiring a licensee to obtain, within any period that the Commission considers reasonable, any additional security for the purposes of subsection 49(1) that it considers sufficient;
(b) providing for the supervision of the disposition of grain contained in any elevator on the suspension or revocation of the licence issued in respect of the elevator;
(b.1) requiring an operator of a licensed terminal elevator to cause grain to be weighed or inspected by a third party authorized by the Commission and chosen by the operator or cause it to be officially weighed or officially inspected, or any combination of those, and specifying the manner of weighing or inspecting;
(c) requiring or authorizing the operator of an elevator to receive into the elevator and store or treat, in such manner as the Commission considers appropriate, grain that has gone or is likely to go out of condition;
(d) seizing infested or contaminated grain or requiring the operator of an elevator to treat or dispose of infested or contaminated grain in a manner approved by the Commission;
(e) for the purpose of ensuring the orderly movement of grain, fixing the maximum quantity of grain of any kind and grade that may be stored in any elevator at any time;
(f) providing for the equitable apportionment, among shippers, of elevator storage space in licensed terminal elevators;
(g) providing for the acceptance of deliveries of grain in the interests of producers; and
(g.1) [Repealed, 2011, c. 25, s. 34]
(h) constituting directives to the trade.
- R.S., 1985, c. G-10, s. 118
- 1998, c. 17, s. 32, c. 22, s. 25(F)
- 2011, c. 25, s. 34
- 2012, c. 31, s. 389
Marginal note:Incorporation by reference — Commission
118.1 (1) A regulation made by the Commission under this Act may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time.
(2) The Commission shall ensure that any document that is incorporated by reference in a regulation made by it under this Act, including any amendments to the document, is accessible.
(3) A person is not liable to be found guilty of an offence for any contravention in respect of which a document that is incorporated by reference in a regulation made by the Commission under this Act is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (2) or it was otherwise accessible to the person.
Marginal note:No registration or publication
(4) For greater certainty, a document that is incorporated by reference in a regulation made by the Commission under this Act is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.
Marginal note:Binding on Her Majesty
119 This Act is binding on Her Majesty in right of Canada or a province.
- 1970-71-72, c. 7, s. 101
Changes in Grades
Marginal note:Changes in grades
120 Where any grade of grain or screenings is varied or discontinued or any grain is removed from the operation of this Act
(a) the holder of an elevator receipt for any grain or screenings of a kind or grade so varied, discontinued or removed from the operation of this Act is entitled, subject to any other provisions of this Act, on presentation of the elevator receipt and payment of the charges accrued under this Act to delivery, in accordance with the elevator receipt, of grain or screenings of the varied or discontinued grade or to grain of the kind that has been removed from the operation of this Act; and
(b) the Commission shall, on request of an owner of grain or screenings, to enable the owner to meet the requirements of an agreement made in respect of the grain or screenings prior to the coming into force of the variation, discontinuance or removal, grade the grain or screenings on the basis of the grade that has been varied or discontinued or grade the grain that has been removed from the operation of this Act as if it had not been so removed.
- R.S., 1985, c. G-10, s. 120
- R.S., 1985, c. 37 (4th Supp.), s. 30
Review and Report
Marginal note:Review and report
120.1 Within a year after the coming into force of this section, the Minister shall cause
(a) an independent and comprehensive review of the Commission and of the provisions and operation of this Act to be conducted; and
(b) a report on the review to be laid before each House of Parliament, including a statement of any changes recommended by the authors of the review.
- 2005, c. 24, s. 2.1
Coming into Force
Footnote *121 (1) Paragraphs (d) and (e) of the definition elevator in section 2 and subsections 55(2) and (3) or any of those provisions shall come into force on a day or days to be fixed by proclamation.
(2) A proclamation bringing into force paragraph (d) or (e) of the definition elevator in section 2 or subsection 55(2) or (3) shall fix as the day on which such paragraph or subsection is to come into force a day that is not earlier than six months after the day the issue of the proclamation is authorized.
Return to footnote *[Note: Paragraphs (d) and (e) of the definition elevator in section 2 and subsections 55(2) and (3) repealed before coming into force, see 2008, c. 20, s. 3.]
- 1970-71-72, c. 7, s. 116
- Date modified: