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Canada Grain Act

Version of section 74 from 2002-12-31 to 2013-07-31:

Marginal note:Discharge from elevator

  •  (1) Where the holder of an elevator receipt for grain issued by the operator of a licensed terminal elevator or licensed transfer elevator who may lawfully deliver grain referred to in the 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,

    the operator of the elevator shall, subject to section 86, forthwith discharge into the conveyance, to the extent of the capacity of the conveyance, the identical grain or grain of the same kind, grade and quantity, as the receipt requires.

  • Marginal note:Idem

    (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.

  • 1970-71-72, c. 7, s. 61

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