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

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Act current to 2020-09-09 and last amended on 2020-07-01. Previous Versions

PART IIILicences and Licensees (continued)

Charges by Licensees (continued)

Marginal note:Charges where licensee is unable to deliver grain

  •  (1) Where, by reason of the condition of any licensed elevator or as a result of any labour stoppage by employees of a licensee of an elevator or any lockout at any licensed elevator, the licensee of the elevator is, for any period, unable to deliver grain, grain products or screenings stored in any type of storage in the elevator in accordance with an elevator receipt issued by the licensee, whether or not the holder has requested delivery pursuant to the receipt, notwithstanding section 51, the licensee shall not charge the holder of the receipt, in respect of any part of that period after the first seven days thereof, any storage charge that accrues under the receipt that exceeds the appropriate maximum storage charge prescribed pursuant to subsection (2) with respect to that type of storage.

  • Marginal note:Regulations — special maximum storage charge

    (2) The Commission shall, with the approval of the Governor in Council, make regulations prescribing, with respect to a period referred to in subsection (1), a special maximum storage charge relating to any type of storage of grain, grain products or screenings in licensed elevators of any type that is lower than the maximum storage charge authorized to be charged for that storage pursuant to section 51 and, in so doing, the Commission may prescribe a different maximum storage charge with respect to any period within that period.

  • Marginal note:Application

    (3) A special maximum storage charge prescribed pursuant to subsection (2) applies only in respect of a period of inability to deliver described in subsection (1) that commences after the effective date of the provision of any regulations in which that special maximum storage charge is prescribed.

  • R.S., 1985, c. G-10, s. 53
  • R.S., 1985, c. 37 (4th Supp.), s. 19
  • 1994, c. 45, s. 15

Marginal note:Payment before delivery

 Nothing in this Act requires a licensee, on a request for the delivery of grain by the holder of an elevator receipt, to deliver the grain referred to in the receipt to the holder unless the receipt has been surrendered and all charges accrued under this Act have been paid.

  • R.S., 1985, c. G-10, s. 54
  • R.S., 1985, c. 37 (4th Supp.), s. 20

Marginal note:Recovery of charges

  •  (1) If an elevator receipt issued by the licensee of a terminal elevator has been outstanding for more than one year and any charges accruing under the receipt have accrued for more than one year and are unpaid, the licensee, with the Commission’s written permission, after giving any notice of sale to the last known holder of the receipt that may be specified by the Commission, may, on any terms and conditions that may be specified in writing by the Commission, sell the grain referred to in the receipt or grain of the same kind, grade and quantity to recover the charges.

  • Marginal note:Obligation of licensee after sale

    (2) Where the licensee of an elevator sells grain under subsection (1), the licensee 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 licensee 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.

  • Marginal note:Warning

    (3) Each elevator receipt issued by the licensee of a terminal elevator shall bear the following warning:

    “WARNING: If the charges accruing under this receipt have been unpaid for more than one year, the grain may be sold, in which case the holder is entitled to receive, on surrender of this receipt, only the money received for the grain less those charges and the costs of sale.

    AVERTISSEMENT : En cas de non-paiement, pendant plus d’un an, des droits exigibles aux termes d’un récépissé, le grain peut être vendu, le détenteur du récépissé n’ayant droit par la suite, sur remise de ce document, qu’au produit de la vente, déduction faite de ces droits et des frais exposés pour la vente.”

  • R.S., 1985, c. 37 (4th Supp.), s. 20
  • 2012, c. 31, s. 365

PART IVElevators and Grain Dealers and the Handling of Grain by Licensees and Other Persons

Declaration

Marginal note:Works for the general advantage of Canada

  •  (1) All elevators in Canada heretofore or hereafter constructed, except elevators referred to in subsection (2) or (3), are and each of them is hereby declared to be a work or works for the general advantage of Canada.

  • Marginal note:Other works

    (1.1) Every flour mill, feed mill, feed warehouse and seed cleaning mill is a work for the general advantage of Canada.

  • (2) and (3) [Repealed before coming into force, 2008, c. 20, s. 3]

  • R.S., 1985, c. G-10, s. 55
  • 2008, c. 20, s. 3
  • 2011, c. 25, s. 59

Elevators Generally

Marginal note:Facilities, equipment and maintenance

  •  (1) A licensee operating an elevator shall install in it such equipment, provide such facilities and maintain the equipment and structure of the elevator in such condition as may be prescribed in respect of elevators of that type or required by order of the Commission in respect of that elevator to ensure, as may be applicable, the efficient and accurate weighing, sampling, inspection, grading, drying, cleaning and accommodation of all grain, grain products and screenings received into or discharged from the elevator.

  • Marginal note:Restriction

    (2) Notwithstanding subsection (1), no operator of a primary elevator shall be required pursuant to that subsection to install cleaning or drying equipment.

  • R.S., 1985, c. G-10, s. 56
  • 1998, c. 22, s. 11

Marginal note:Prohibited receipt into elevators

 Except as may be authorized by regulation or by order of the Commission, no licensee operating an elevator shall receive into the elevator

  • (a) any grain, grain product or screenings unless the grain, grain product or screenings is weighed at the elevator immediately before or during receipt;

  • (b) any material or substance for storage other than grain, grain products or screenings; or

  • (c) [Repealed, 2005, c. 24, s. 1]

  • (d) any grain that the operator has reason to believe is infested or contaminated.

  • R.S., 1985, c. G-10, s. 57
  • 1998, c. 22, s. 12
  • 2005, c. 24, s. 1

Marginal note:Grain out of condition

 Except as required by order of the Commission, no operator of a licensed elevator is required to receive into the elevator any grain that has gone or is likely to go out of condition.

  • 1970-71-72, c. 7, s. 46

Marginal note:Seeds Act and Pest Control Products Act

 No operator of a licensed elevator is required to receive into the elevator any grain that

  • (a) is of a variety produced from seed of a variety that is not registered under the Seeds Act for sale in or importation into Canada; or

  • (b) has in it, on it or has had applied to it a pest control product that is not registered under the Pest Control Products Act or any component or derivative of such a product.

  • 2020, c. 1, s. 65

Marginal note:Operator to exercise care and diligence

 The operator of a licensed elevator shall exercise reasonable care and diligence to prevent any grain in the elevator from suffering damage or from deteriorating or going out of condition.

  • 1970-71-72, c. 7, s. 47

Primary Elevators

Marginal note:Receipt of grain

 Subject to section 58 and any order made under section 118, the operator of every licensed primary elevator shall, at all reasonable hours on each day on which the elevator is open, without discrimination and in the order in which grain arrives and is lawfully offered at the elevator, receive into the elevator all grain so lawfully offered for which there is, in the elevator, available storage accommodation of the type required by the person by whom the grain is offered.

  • R.S., 1985, c. G-10, s. 60
  • 1998, c. 22, s. 25(F)

Marginal note:Procedure on receipt of grain

  •  (1) Subject to subsection (2), if grain is lawfully offered at a licensed primary elevator for sale or storage, other than for special binning, the operator of the elevator shall, at the prescribed time and in the prescribed manner, issue a cash purchase ticket or elevator receipt stating the grade name, grade and dockage of the grain, and immediately provide it to the producer.

  • Marginal note:Dispute

    (2) If the producer and the operator of the elevator do not agree as to the grade of the grain, the dockage or a prescribed grain quality characteristic, the operator shall

    • (a) take a sample of the grain in the prescribed manner;

    • (b) deal with the sample in the prescribed manner; and

    • (c) issue an interim elevator receipt in the prescribed form.

  • Marginal note:Commission’s report

    (3) On receipt of a report from the Commission that assigns a grade in respect of the sample and that determines the dockage and each disputed grain quality characteristic, the operator of the elevator shall issue, at the prescribed time and in the prescribed manner, a cash purchase ticket or elevator receipt stating the grade name of the grain, the grade assigned in respect of the sample, the dockage so determined and each grain quality characteristic so determined, and immediately provide it to the producer.

  • R.S., 1985, c. G-10, s. 61
  • 1994, c. 45, s. 16
  • 2020, c. 1, s. 66
 
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