GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Grain Act — G-10 93
Restriction of operations and suspension of licence 93 (1) If, on receiving the report of an inspector under section 90 or on making an investigation under section 91, the Commission has reasonable grounds to believe that a licensee has failed to comply with any condition of a licence or has committed an offence under this Act or that a condition referred to in paragraph 90(1)(b), (c) or (d) exists in a licensed elevator, the Commission may, by order, (a) require that any grain, grain product or screenings in the elevator be weighed and inspected, for the purpose of determining the amount in stock of the grain, grain product or screenings, as the case may be, in the elevator, by the licensee or a person authorized by the Commission and, to permit the weighing and inspection, prohibit, for any period not exceeding 30 days that is specified in the order, the receipt into or removal from the premises of the elevator, or both, of any grain, grain products or screenings; (b) in the case of a condition referred to in paragraph 90(1)(b), (c) or (d), (i) require that the condition be remedied in such manner and within such time as is specified in the order, (ii) require that such grain, grain products and screenings in the elevator as are specified in the order be stored or disposed of in such manner as the Commission considers equitable, and (iii) prohibit, for such period not exceeding thirty days as is specified in the order, any particular use of the elevator or its equipment; and (c) whether or not the Commission exercises any of the powers conferred by paragraphs (a) and (b), in its discretion, suspend the licence to operate the elevator or the licence to carry on business as a grain dealer for such period not exceeding thirty days as is specified in the order. Suspension of licence (1.1) If the Commission has reasonable grounds to believe that a licensee has failed to comply with an arbitrator’s decision made under section 92.1, the Commission may, by order, suspend the licence for any period not exceeding 30 days that is specified in the order. Licensee’s opportunity to be heard (2) Subject to subsection (3), the Commission may not make an order under subsection (1) or (1.1) unless the Commission has afforded the licensee or their representative full and ample opportunity to be heard. Immediate restriction or suspension (3) If, in the circumstances of any particular case, the Commission considers it necessary in the public interest to do so, it may make an order under subsection (1) or (1.1) without first affording a licensee or their representative an opportunity to be heard but, in that event, the Commission shall, as soon as feasible after making the order, afford the licensee a full and ample opportunity to be heard. R.S., 1985, c. G-10, s. 93; 1994, c. 45, s. 30; 1998, c. 22, s. 25(F); 2012, c. 31, s. 382; 2014, c. 8, s. 3
Canada Grain Act — G-10 94
Reinstatement of licence and discontinuance of restriction 94 (1) A prohibition or requirement contained in an order made pursuant to subsection 93(1) may be discontinued and a licence suspended pursuant to that subsection may be reinstated before the expiration of any period of prohibition or suspension specified in the order if, in the opinion of the Commission, the prohibition, requirement or suspension has ceased to be or is no longer necessary. Extension of period of prohibition or suspension (2) Subject to subsection (3), the Commission may, on notice in writing to any licensee affected by an order made pursuant to subsection 93(1), extend a period of prohibition or suspension ordered pursuant to that subsection and, in any such case, shall forthwith notify the licensee affected by the order of the Commission’s action. Limitation (3) A period of prohibition or suspension ordered pursuant to subsection 93(1) shall not be extended for any period that would result in the aggregate period of the prohibition or suspension being longer than thirty days unless (a) before the expiration of thirty days from the commencement of the period of prohibition or suspension, proceedings have been instituted against the licensee or against the manager of the elevator in respect of an offence under this Act, in which event the period of prohibition or suspension is deemed to be extended, unless otherwise ordered by the Commission, until fourteen days after the proceedings are finally concluded; or (b) the licensee has failed to comply with any requirement of an order made pursuant to subsection 93(1) but the Commission is satisfied that (i) the licensee has taken all reasonable measures to comply with the order and will be able to comply with it within a reasonable time, and (ii) the revocation of the licence of the licensee or the institution of proceedings referred to in paragraph (a) is not warranted in the circumstances of the case, in which event the period of prohibition or suspension may be extended by order of the Commission for such further period as the Commission deems reasonable. R.S., 1985, c. G-10, s. 94; 1998, c. 22, s. 25(F)
Canada Grain Act — G-10 95
Revocation of licence 95 (1) The Commission may, by order, revoke a licence to operate an elevator or a licence to carry on business as a grain dealer, as the case may be, if (a) the licensee has failed or refused to comply with any requirement of an order, in relation to the operation of an elevator, made under subsection 93(1) or paragraph 94(3)(b); (a.1) the licensee has failed to comply with an arbitrator’s decision made under section 92.1; (b) the licensee or the manager of a licensed elevator is found guilty of an offence under this Act; (c) the licensee has failed to maintain their security as required by subsection 45.1(1); (d) the licensee has failed to obtain additional security as required by any order made under subsection 49(1); or (e) the licensee has failed to comply with any condition of a licence. Limitation (2) Subject to subsection (3), except with the consent of the licensee, no licence shall be revoked pursuant to subsection (1) unless the licensee or a representative of the licensee has been afforded a full and ample opportunity to be heard in the matter in relation to which the licence may be revoked. Prior opportunity to be heard (3) Where the Commission has, pursuant to section 93, afforded a licensee or a representative of the licensee an opportunity to be heard in relation to any matter, the Commission may, in accordance with this section, revoke the licence to operate the elevator or to operate as a grain dealer without affording the licensee a further opportunity to be heard in relation thereto. R.S., 1985, c. G-10, s. 95; 2012, c. 31, s. 383; 2014, c. 8, s. 4
Canada Grain Act — G-10 96
Review by Minister 96 The Minister may, on application made by any interested person, review any order made by the Commission refusing to issue a licence or revoking a licence and where, after considering the application and any material submitted to the Minister in connection therewith, the Minister is of the opinion that the issue of a licence should not have been refused or the licence should not have been revoked, the Minister may in his discretion direct the Commission to issue a licence or to reinstate the revoked licence, as the case may be, on such conditions, if any, relating to the licence as the Minister deems proper. R.S., 1985, c. G-10, s. 96; 1998, c. 22, s. 25(F)
Canada Grain Act — G-10 97
Orders on investigation 97 The Commission may, after any investigation instituted under section 91 and after affording all persons having an interest in the matter under investigation a full and ample opportunity to be heard, make an order (a) for the payment, by any complainant, licensee or other person to whom the jurisdiction of the Commission extends, of compensation to any person for loss or damage sustained by that person resulting from a contravention of or failure to comply with any provision of this Act or any regulation, order or licence made or issued pursuant to this Act; and (b) for the payment by any licensee of any fees for services payable by the licensee to the Commission pursuant to this Act. (c) [Repealed, 2012, c. 31, s. 384] R.S., 1985, c. G-10, s. 97; 1998, c. 22, s. 25(F); 2012, c. 31, s. 384
Canada Grain Act — G-10 98
Public hearings 98 (1) A public hearing may be held by the Commission if the Commission is satisfied that it would be in the public interest to hold such a hearing in connection with (a) an investigation commenced under section 91; and (b) any other matter in respect of which the Commission deems a hearing to be desirable. Public hearings on request (2) Where (a) this Act requires that any person be given an opportunity to be heard in connection with the issue, refusal to issue, suspension or revocation of a licence or in connection with any investigation into a complaint referred to in paragraph 91(1)(h), and (b) the applicant for the licence, the licensee or the person who is the subject of the complaint requests a public hearing, the Commission shall hold a public hearing to hear all persons having an interest in the matter and wishing to be heard in connection therewith. Powers of Commission (3) The Commission has, in relation to any public hearing held under this section, the powers of a Commissioner under Part I of the Inquiries Act . Representation by counsel (4) Any person who may be heard at a public hearing under this section may be represented by counsel at the hearing. 1970-71-72, c. 7, s. 80
Canada Grain Act — G-10 99
Notification of order 99 (1) A copy of an order of the Commission refusing to issue a licence or revoking a licence or for the payment of any money or apportionment of any loss, together with any written reasons for the decision, shall, after the making of the order, be forwarded in accordance with any rules made pursuant to subsection (2) to each person affected by the order and to such other persons as may be specified in those rules. Rules (2) The Commission may make rules (a) respecting the procedure for making applications, representations and complaints to the Commission and for the conduct of public hearings held by it; and (b) generally respecting the conduct of the business of the Commission in relation to investigations and public hearings. R.S., 1985, c. G-10, s. 99; 1998, c. 22, s. 25(F)
Canada Grain Act — G-10 100
Filing of orders in Court 100 (1) An order of the Commission for the payment of any money or apportionment of any loss may be filed in the Federal Court, in this Part referred to as “the Court”, after thirty days following the date on which the order is made. Registration of order (2) On filing in the Court under subsection (1), an order of the Commission referred to in that subsection shall be registered in the Court and, subject to subsection (4), when registered has the same force and effect, and all proceedings may be taken thereon, as if the order were a judgment obtained in the Court for a debt of the amount specified in the order plus interest to the date of payment as provided for in the order of the Commission. Costs and charges (3) The reasonable costs and the charges attendant on the registration of an order pursuant to this section are recoverable in like manner as if they were an amount included in the order of the Commission. Stay of execution (4) The Court may direct a stay of execution of an order registered pursuant to this section pending disposition of an appeal pursuant to section 101 on such terms as to the Court seem just. R.S., 1985, c. G-10, s. 100; 1998, c. 22, s. 25(F)
Canada Grain Act — G-10 101
Appeal to Court 101 (1) An appeal from an order of the Commission for the payment of any money or apportionment of any loss lies to the Court. Institution of appeal (2) An appeal under subsection (1) shall be instituted by filing a notice of appeal in the Court within thirty days after the making of the order sought to be appealed from or within such further time as the Court under special circumstances allows. Service (3) Notice of an appeal under this section shall be served forthwith after the filing thereof on the Commission and on all interested parties. R.S., 1985, c. G-10, s. 101; 1998, c. 22, s. 25(F)
Canada Grain Act — G-10 102
Prohibition respecting grade names 102 (1) No person shall, in the purchase or sale of grain, use a grade name established by or under this Act in any record or acknowledgement of the receipt or discharge of grain unless the person is licensed under this Act. Exceptions (2) Subsection (1) does not apply to a sale of grain by a producer who produced the grain. R.S., 1985, c. G-10, s. 102; 1994, c. 45, s. 31
Canada Grain Act — G-10 103
Prohibition respecting forms 103 No person other than a licensee shall issue a cash purchase ticket, an elevator receipt or a grain receipt or any other document that so closely resembles one of them that confusion may be caused. (2) [Repealed, R.S., 1985, c. 37 (4th Supp.), s. 26] R.S., 1985, c. G-10, s. 103; R.S., 1985, c. 37 (4th Supp.), s. 26; 1994, c. 45, s. 32
Canada Grain Act — G-10 104
Prohibitions respecting elevator operations 104 No operator of a licensed elevator shall (a) issue a cash purchase ticket acknowledging the purchase of any grain or an elevator receipt or other document purporting to acknowledge the receipt of any grain if the grain has not been purchased or received into the elevator; (b) permit to be outstanding in respect of a quantity of grain in the elevator more than one cash purchase ticket or more than one elevator receipt or other document acknowledging receipt of the grain; (c) except under the regulations or an order of the Commission, receive into or discharge from the elevator any grain, grain product or screenings that is infested or contaminated or that may reasonably be regarded as being infested or contaminated; or (d) except with the permission of the Commission, mix with any grain in the elevator any material other than grain. R.S., 1985, c. G-10, s. 104; 1998, c. 22, s. 25(F)
Canada Grain Act — G-10 105
General prohibitions 105 No person shall (a) use any grade name established by or under this Act in dealing in, handling or describing any grain that does not possess the characteristics of grain of that grade; (b) use any name, or name and number, so nearly resembling any grade name as to be calculated or likely to cause confusion with that grade name; (c) offer for sale or storage or submit for official inspection grain that has been so treated, mixed or dealt with as to conceal its true characteristics; or (d) except under the regulations or an order of the Commission, deliver to or receive from an elevator any grain, grain product or screenings that is infested or contaminated or that may reasonably be regarded as being infested or contaminated. R.S., 1985, c. G-10, s. 105; 1998, c. 22, s. 25(F)
Canada Grain Act — G-10 106
Fraudulent or false acts 106 No person shall (a) make such representation in respect of grain, or so handle grain, that the representation or handling might reasonably be regarded as being a misleading representation made for the purpose of obtaining the issuance of an incorrect inspection certificate; (b) represent any grain inspection certificate or end-use certificate as relating to any grain other than grain to which it properly relates; or (c) being the operator of an elevator or an inspector or a weigher, (i) knowingly state an incorrect weight in respect of any grain delivered into or discharged from an elevator, or (ii) knowingly take or claim excessive dockage from grain received into an elevator. R.S., 1985, c. G-10, s. 106; 1988, c. 65, s. 130
Canada Grain Act — G-10 107
Offence and punishment 107 (1) Every operator of an elevator who contravenes or fails to comply with section 72 is guilty of an offence and (a) if an individual, is liable (i) on summary conviction, to a fine not exceeding nine thousand dollars or to imprisonment for a term not exceeding two years, or to both, or (ii) on conviction on indictment, to a fine not exceeding eighteen thousand dollars or to imprisonment for a term not exceeding four years, or to both; or (b) if a corporation, is liable (i) on summary conviction, to a fine not exceeding thirty thousand dollars, or (ii) on conviction on indictment, to a fine not exceeding sixty thousand dollars. (1.1) [Repealed, 2011, c. 25, s. 32] Idem (2) Every person who contravenes any provision of this Act, other than section 72, or of the regulations or any order of the Commission, other than an order for the payment of any money or apportionment of any loss, is guilty of an offence and (a) if an individual, is liable (i) on summary conviction, to a fine not exceeding six thousand dollars or to imprisonment for a term not exceeding one year, or to both, or (ii) on conviction on indictment, to a fine not exceeding twelve thousand dollars or to imprisonment for a term not exceeding two years, or to both; or (b) if a corporation, is liable (i) on summary conviction, to a fine not exceeding nine thousand dollars, or (ii) on conviction on indictment, to a fine not exceeding eighteen thousand dollars. R.S., 1985, c. G-10, s. 107; R.S., 1985, c. 37 (4th Supp.), s. 27; 1988, c. 65, s. 131; 2011, c. 25, s. 32
Canada Grain Act — G-10 108
Offence by manager, employee, agent or mandatary 108 (1) Any manager of an elevator, or any other employee, or agent or mandatary, of the operator or licensee of an elevator, who does any act or thing directed to the commission of an offence under this Act by the operator or licensee of the elevator is a party to and guilty of the offence. Party to offence (2) Any employee, or agent or mandatary, of a licensed grain dealer who does any act or thing directed to the commission of an offence under this Act by the licensed grain dealer is a party to and guilty of the offence. R.S., 1985, c. G-10, s. 108; 2004, c. 25, s. 109(E)
Canada Grain Act — G-10 109
Documentary evidence 109 In any prosecution for an offence under this Act, a document purporting to have been signed by a commissioner or any officer or employee of the Commission in the course of the performance of his duties is evidence of the facts stated in the document without proof of the signature or of the official character of the person appearing to have signed the document. 1970-71-72, c. 7, s. 91
Canada Grain Act — G-10 110
Time for commencing proceedings 110 (1) Any proceedings by way of summary conviction in respect of an offence under this Act may be instituted at any time within two years after the time when the subject-matter of the prosecution arose. Trial of offences (2) A complaint or an information in respect of an offence under this Act may be heard, tried or determined by a court if the accused is resident or carrying on business within the territorial jurisdiction of that court although the matter of the complaint or information did not arise in that territorial jurisdiction. 1970-71-72, c. 7, s. 92
Canada Grain Act — G-10 111
Transfer from holder to holder 111 (1) A cash purchase ticket or elevator receipt in prescribed form entitling the holder named in that document to the payment of money or delivery of grain in accordance with the terms of the document, and the rights arising under the document, may be transferred from holder to holder by the endorsement and delivery of the document to the endorsee. (2) [Repealed, 2012, c. 31, s. 385] R.S., 1985, c. G-10, s. 111; 2012, c. 31, s. 385
Canada Grain Act — G-10 112
Restriction on creation of charge, interest or right 112 Despite anything in the Bank Act , no charge on or interest or right in grain referred to in an elevator receipt that affects the interest or right of the holder of the receipt may be created by the holder, or by the operator of a licensed elevator who issued the receipt, other than by the endorsement or delivery of the receipt to the person in whose favour the charge, interest or right is created. R.S., 1985, c. G-10, s. 112; 2004, c. 25, s. 110
Canada Grain Act — G-10 115
Orders of the Governor in Council 115 The Governor in Council may, by order, (a) where the Governor in Council considers it necessary in the public interest to do so, require a railway company to supply railway cars for the carriage of grain and place them at any point at which the railway company supplies a service; (b) despite anything in this Act, authorize and direct any minister of the Crown or any agency of the Government of Canada to exercise the powers in respect of the allocation of available railway cars contained in any provision of this Act, other than paragraph (a); (c) direct that any allocation of railway cars be guided by the principle that the producer or producers should have the right to select such elevator as the producer or producers may choose or to load directly; (d) direct that any grade established under this Act be assigned only to grain being officially inspected on discharge from a terminal elevator; (e) vary the period of a crop year to another period of not less than three hundred and sixty-five days; (f) direct the Commission as to the manner in which any of its operations, powers and duties shall be conducted, exercised or performed; and (g) provide for any other matter necessary to give effect to this Act. R.S., 1985, c. G-10, s. 115; R.S., 1985, c. 37 (4th Supp.), s. 28(E); 2011, c. 25, s. 33; 2012, c. 31, s. 387
Canada Grain Act — G-10 116
s for breaches of those provisions; (s.3) respecting arbitration for the purposes of section 92.1, including rules of procedure, eligibility requirements for requests for arbitration, the qualifications required of third parties to act as arbitrators, the rules of confidentiality and the reporting of decisions; (t) prescribing any matter that under this Act is to be prescribed; and (u) generally for carrying into effect the purposes and provisions of this Act. Forms and systems other than prescribed (2) The Commission may, in writing, permit a licensee to use any form or any system of keeping or issuing cash purchase tickets, elevator receipts or any other document designated by the Commission in addition to or in place of a prescribed form or system. Storage premises (3) The Commission may, by regulation made with the approval of the Governor in Council, establish a list of premises in the Eastern Division used either in whole or in part for the storage of grain. R.S., 1985, c. G-10, s. 116; R.S., 1985, c. 37 (4th Supp.), s. 29; 1994, c. 45, s. 33; 1998, c. 22, s. 24; 2001, c. 4, s. 89(E); 2012, c. 31, s. 388; 2014, c. 8, s. 5 2020, c. 1, s. 68
Canada Grain Act — G-10 117
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)