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

Full Document:  

Act current to 2020-11-17 and last amended on 2020-07-01. Previous Versions

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

Primary Elevators (continued)

Marginal note:Receipts for specially binned grain

  •  (1) Where grain is lawfully offered at a licensed primary elevator for special binning and the operator of the elevator agrees to specially bin the grain, the operator shall specially bin the grain offered and issue an elevator receipt in prescribed form indicating special binning.

  • Marginal note:Samples of grain to be specially binned

    (2) On the receipt at a licensed primary elevator of grain to be specially binned, the operator of the elevator shall, in the manner prescribed, take a sample of the grain and deal with the sample.

  • Marginal note:Disputes

    (3) Where a dispute arises between the holder of an elevator receipt indicating special binning and the operator of a licensed primary elevator in relation to the special binning, the Commission may, after affording any interested person a full and ample opportunity to be heard, examine the sample of the grain taken pursuant to subsection (2) and, if it determines that the identity of the grain has not been preserved in the elevator, make such order for payment or for the delivery of grain or both as it deems just.

  • Marginal note:Restriction

    (4) No order shall be made under subsection (3) unless written notice of the dispute has been received by the Commission within 30 days after the delivery of the grain that is the subject of the dispute to a terminal elevator or process elevator.

  • R.S., 1985, c. G-10, s. 62
  • 1998, c. 22, s. 25(F)
  • 2012, c. 31, s. 366

Marginal note:Requested treatment of grain

 Where

  • (a) a person lawfully offers grain for storage at a licensed primary elevator equipped to treat the grain in a particular manner and requests that the grain be treated in that manner before the type of storage or the grade of the grain or both are determined, and

  • (b) the operator of the elevator agrees to receive the grain or is required by this Act or an order of the Commission to receive the grain,

the operator shall, in such manner as may be prescribed, weigh, handle and treat the grain as requested and shall issue an elevator receipt for the grain.

  • R.S., 1985, c. G-10, s. 63
  • 1998, c. 22, s. 25(F)

Marginal note:Verification of weight

 The operator of a primary elevator shall afford to any person who delivers grain to the elevator full facilities to verify the correct weight of the grain while the grain is being weighed.

  • 1970-71-72, c. 7, s. 52

Marginal note:Compulsory removal of grain

  •  (1) Subject to subsection (2), the operator of a licensed primary elevator may, on at least ten 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:Restriction applicable to specially binned grain

    (2) Except with the written permission of the Commission, no operator of a licensed primary elevator shall, pursuant to subsection (1), require the holder of an elevator receipt for specially binned grain to take delivery of the grain.

  • Marginal note:Failure to take delivery

    (3) Where the holder of an elevator receipt issued by the operator of a licensed primary elevator fails to take delivery of the grain referred to in a notice given pursuant to subsection (1) within a period for taking delivery set out in the notice, whether or not the notice has been brought to the attention of the holder, and the holder or a subsequent holder later requests delivery of the grain referred to in the receipt, the operator of the elevator may, at the option of the operator, on surrender of the elevator receipt and payment of all charges accruing under this Act to the day on which the receipt is surrendered,

    • (a) deliver grain pursuant to the surrendered receipt;

    • (b) pay to the holder of the surrendered receipt the market price, on the day that the receipt is surrendered, for grain of the same kind, grade and quantity as the grain referred to in the receipt; or

    • (c) deliver to the holder of the surrendered receipt an elevator receipt issued by the operator of a licensed terminal elevator for grain of the same kind, grade and quantity as the grain referred to in the surrendered receipt.

  • Marginal note:Warning

    (4) Each elevator receipt issued by the operator of a licensed primary elevator shall bear the following warning:

    “WARNING: The right of the holder of this receipt to obtain delivery of the grain described in the receipt may be altered by the issuer by notice to the last holder known to the issuer. Every holder of a receipt should immediately notify the issuer of their name and address.

    AVERTISSEMENT : L’exploitant qui a délivré le récépissé peut, par avis au dernier détenteur connu, modifier le droit de celui-ci d’obtenir livraison du grain faisant l’objet du récépissé. Les nouveaux détenteurs doivent lui communiquer sans délai leurs nom et adresse.

  • R.S., 1985, c. G-10, s. 65
  • 1994, c. 45, s. 17
  • 2012, c. 31, s. 367

Marginal note:Waiver

  •  (1) The holder of an elevator receipt issued by the operator of a licensed primary elevator may, in writing in prescribed form on the receipt, waive the right to demand the delivery from the elevator of the grain referred to in the receipt.

  • Marginal note:Subsequent holders

    (2) The rights of subsequent holders of an elevator receipt referred to in subsection (1) are subject to a waiver given pursuant to that subsection.

  • 1970-71-72, c. 7, s. 54

Marginal note:Discharge of grain from primary elevator

  •  (1) Subject to section 86, the operator of a licensed primary 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 is entitled to the delivery of grain referred to in that receipt

    • (a) may lawfully deliver the grain to a terminal elevator or process elevator or to a consignee at a destination other than an elevator; and

    • (b) has caused to be placed at the elevator, to transport the grain, a railway car or other conveyance that is capable of receiving grain discharged out of the elevator and to which the grain may lawfully be delivered.

  • Marginal note:Movement of grain forward

    (2) Forthwith on the loading of a conveyance at a licensed primary elevator pursuant to subsection (1), the operator of the elevator shall, if so requested by the holder of the elevator receipt for the grain so loaded,

    • (a) cause the conveyance to be billed to such elevator or consignee as the holder may have lawfully directed; and

    • (b) on surrender of the elevator receipt and payment of the charges accrued under this Act in respect of the grain, deliver the receipt of the consignee or such other receipt as may be prescribed to the person who surrendered the elevator receipt.

  • R.S., 1985, c. G-10, s. 67
  • 2012, c. 31, s. 368

Marginal note:Purchase of elevator receipt by operator

 Where an operator of a licensed primary elevator who has issued an elevator receipt for grain purchases the receipt, the operator shall issue to the holder of the receipt, on the surrender of the receipt, a cash purchase ticket for the purchase price.

  • 1970-71-72, c. 7, s. 56

 [Repealed, 2012, c. 31, s. 369]

Terminal Elevators

Marginal note:Receipt of grain

  •  (1) Subject to section 58 and any order made under subsection (2) or section 118, an operator of a licensed terminal 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, receive into the elevator all grain that is lawfully offered at the elevator, for which there is available storage accommodation of the type required by the person who offered the grain.

  • Marginal note:Orders respecting receipt of grain

    (2) The Commission may, by order, on any conditions that it may specify, authorize or require the operator of a licensed terminal elevator to receive grain that is lawfully offered for storage or transfer at the elevator otherwise than as required by subsection (1).

  • R.S., 1985, c. G-10, s. 69
  • 1998, c. 22, s. 25(F)
  • 2012, c. 31, s. 369

Marginal note:Weighing on receipt of grain

  •  (1) Subject to subsection (2), and unless exempted by regulation or by order of the Commission, an operator of a licensed terminal elevator shall weigh grain received into the elevator in a manner authorized by the Commission.

  • Marginal note:Weighing by third party

    (2) Unless exempted by regulation or by order of the Commission, an operator shall cause the grain to be weighed by a third party authorized by the Commission and chosen by the operator, if the person who caused the grain to be delivered so requests.

  • Marginal note:Weighing in manner authorized by Commission

    (3) The third party shall weigh the grain in a manner authorized by the Commission.

  • Marginal note:Access

    (4) The operator shall provide the third party with access to the operator’s premises to permit the third party to weigh the grain.

  • 2012, c. 31, s. 369
 
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