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Canada Grain Regulations (C.R.C., c. 889)

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

PART 2Grain Grades, Grading and Inspection (continued)

Disposal of Samples (continued)

 [Repealed, SOR/2000-213, s. 2]

Prescribed Form of Inspection Certificate

 An inspection certificate referred to in section 32 of the Act shall be in the form set out

  • (a) in the case of grain inspected on discharge from terminal elevators, in the document entitled Certificate Final for Grain, published by the Commission, as amended from time to time; and

  • (b) in the case of all other grain in the document entitled Certificate for Grain, published by the Commission, as amended from time to time.

  • SOR/84-626, s. 1
  • SOR/85-677, s. 1(F)
  • SOR/87-476, s. 1(F)
  • SOR/89-393, s. 2
  • SOR/89-395, s. 2(F)
  • SOR/93-197, s. 1
  • SOR/2000-213, s. 2
  • SOR/2003-284, s. 7
  • SOR/2004-198, s. 6
  • SOR/2013-111, s. 7
  • SOR/2020-63, s. 1

 [Repealed, SOR/2002-255, s. 3]

Grain Appeal Procedures

 An application for the reinspection of grain under section 39 of the Act shall be made in writing and include the following information:

  • (a) the identification of the parcel of grain from which the official sample was taken;

  • (b) the name and location of the elevator or other place where the official sample was taken;

  • (c) the date of the official inspection; and

  • (d) the grade and dockage assigned to the grain by the official inspection.

  • SOR/86-813, s. 2
  • SOR/89-376, ss. 12(F), 14(F)
  • SOR/89-395, s. 2(F)
  • SOR/93-197, s. 2
  • SOR/96-508, s. 9
  • SOR/2000-213, s. 2
  • SOR/2003-284, s. 8
  • SOR/2004-198, s. 7
  • SOR/2013-111, s. 8

 For the purpose of section 40 of the Act, an appeal lies under section 39 of the Act in respect of grain that has been officially inspected on discharge from a primary elevator to a terminal elevator.

  • SOR/89-376, s. 14(F)
  • SOR/2000-213, s. 2
  • SOR/2001-273, s. 7
  • SOR/2004-198, s. 7
  • SOR/2013-111, s. 8

 The result of an appeal to the chief grain inspector for Canada shall be given without delay in writing by the chief grain inspector for Canada to the appellant and to the operator of the elevator where the grain was officially inspected.

  • SOR/2000-213, s. 2
  • SOR/2001-273, s. 7
  • SOR/2004-198, s. 7
  • SOR/2013-111, s. 8

 If, as a result of an appeal taken under section 39 of the Act to the chief grain inspector for Canada, a grade is assigned to the grain that is different from the grade previously assigned to it, the inspection certificate revised in accordance with section 41 of the Act shall bear the date on which the appeal was decided.

  • SOR/89-376, s. 14(F)
  • SOR/96-508, s. 10(E)
  • SOR/2000-213, s. 2
  • SOR/2004-198, s. 7
  • SOR/2013-111, s. 8

PART 3Licences and Licensees

Exemptions from Licensing

[SOR/2001-273, s. 8]
  •  (1) The following types of elevators are exempted under paragraph 117(a) of the Act from the licensing requirements of the Act:

    • (a) an elevator constructed for the purpose of handling and storing grain as part of the operation of a feed mill;

    • (b) a process elevator, other than an elevator referred to in paragraph (a), if the operator of the elevator does not purchase grain from producers, does not assume obligations to producers for the payment of money in respect of grain and allows the Commission access to the operator’s records for the elevator;

    • (c) an elevator constructed for the purpose of handling and storing grain as part of the operation of a seed cleaning plant, if the operator of the seed cleaning plant does not operate the elevator to handle, store or purchase grain except grain for seed purposes and allows the Commission access to the operator’s records for the elevator; and

    • (d) any elevator, if the operator of the elevator operates the elevator only as an agent or mandatary for licensees, the licensees provide security to the Commission for all grain received into the elevator and the operator allows the Commission access to the operator’s records for the elevator.

  • (2) The grain handling operation of a grain dealer is exempted under paragraph 117(a) of the Act from the licensing requirements of the Act if the grain dealer allows the Commission access to the grain dealer’s records for dealing in and handling western grain and

    • (a) the grain dealer does not deal in or handle western grain except as an agent or mandatary for licensees and the licensees provide security to the Commission for all western grain transactions handled by the grain dealer;

    • (b) the grain dealer does not deal in or handle western grain except grain for seed purposes; or

    • (c) the grain dealer does not purchase western grain from producers and does not assume obligations to producers for the payment of money in respect of western grain.

  • SOR/89-376, s. 14(F)
  • SOR/89-395, s. 1
  • SOR/93-197, s. 3
  • SOR/96-508, s. 11
  • SOR/2000-213, s. 2
  • SOR/2001-273, s. 9
  • SOR/2002-255, s. 4
  • SOR/2004-198, s. 8
  • SOR/2006-206, s. 3

 [Repealed, SOR/2000-213, s. 2]

General Conditions of Licensing

 It is a condition of every licence to operate an elevator that the licensee shall

  • (a) store all grain received in an elevator building described in the application for the licence;

  • (b) notify the Commission in writing of any functional alteration to the elevator building described in the application or any functional alteration respecting grain flows or sampling or control mechanisms, and of any addition to any equipment associated with the elevator, within 15 days after plans for the alteration or addition become available;

  • (c) without delay notify the Commission in writing of any damage to, or destruction of, any elevator building described in the application, or damage to, or destruction or removal of, any equipment required by the Commission to be installed in the elevator building;

  • (d) without delay notify the Commission in writing of any damage to, or the destruction of, any grain stored in any elevator building described in the application;

  • (e) keep each elevator building and all associated equipment in good repair and in good working order;

  • (e.1) keep sampling and weighing equipment and areas surrounding the equipment clean and accessible; and

  • (f) keep the licence posted in a conspicuous place in the elevator.

  • SOR/89-376, s. 14(F), 16(F)
  • SOR/2000-213, s. 2
  • SOR/2001-273, s. 10
  • SOR/2002-255, s. 5
  • SOR/2003-284, s. 9(E)
  • SOR/2004-198, s. 9
  • SOR/2005-361, s. 4

Security

 The period prescribed for the purpose of paragraph 49(3)(a) of the Act is

  • (a) if an elevator receipt or grain receipt is issued on delivery of the grain, 90 days; and

  • (b) if a cash purchase ticket or other bill of exchange is issued on delivery of the grain or is later issued on surrender of an elevator receipt or grain receipt in respect of the grain, the lesser of

    • (i) 90 days, and

    • (ii) the period that ends 30 days after the day on which the cash purchase ticket or other bill of exchange is issued.

  • SOR/2000-213, s. 2
  • SOR/2005-361, s. 5

 Security is not required from an applicant for a licence or from a licensee if the applicant or licensee is an agent of Her Majesty in right of Canada.

  • SOR/89-376, ss. 2, 14(F), 16(F)
  • SOR/96-508, s. 12
  • SOR/2000-213, s. 2

 For the purposes of subsection 49(5) of the Act, the prescribed percentage of security realized or enforced is 100%.

  • SOR/89-376, ss. 10(F), 14(F), 16(F)
  • SOR/89-393, s. 3
  • SOR/93-24, s. 1
  • SOR/2000-213, s. 2

Records to Be Kept by Licensees

 Each licensee shall keep, for at least six years, all documents that relate to grain that was delivered to, stored by, shipped or otherwise disposed of by the licensee and that specify whether the grain was purchased, received for storage or received for sale on commission.

  • SOR/85-677, s. 3
  • SOR/89-376, s. 10(F), 11(F), 14(F), 16(F)
  • SOR/89-394, s. 1
  • SOR/93-24, s. 2
  • SOR/96-508, s. 13
  • SOR/2000-213, s. 2
 
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