GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Grain Regulations — 7
7 (1) Any licensee or any person not required to be licensed or exempted from licensing under section 44 of the Act may forward an unofficial sample of grain to any regional inspection office of the Commission for a determination of one or more of its grade, dockage and other quality factors. (2) A sample forwarded under subsection (1) shall (a) consist of at least 1 kg; (b) be taken in such a manner as to ensure that it is an average and representative sample of the parcel of grain from which it is taken; and (c) be forwarded, with all shipping charges prepaid, in a container that will maintain the integrity of the sample. (3) The shipper of a sample forwarded to a regional inspection office under this section shall (a) state on a form supplied by the Commission that accompanies the sample the name and post office address of each person to whom the report as to the grade, dockage and other quality factors of the sample is to be sent; and (b) place on the form a distinguishing number or mark of identification that the shipper has not previously used in respect of any other sample during that crop year. (4) On receipt of a sample and its accompanying form forwarded in accordance with this section, an inspector shall examine the sample and make the requested determination of its grade, dockage or other quality factors and transmit a copy of the determination in writing to each person named on the form. (5) Any person who has an interest in the grain and who is dissatisfied with the determination of the inspector may, within 15 days after the date of the examination, request the chief grain inspector for Canada to re-examine the sample. (6) On receipt of the sample, the chief grain inspector for Canada shall examine it, determine its grade, dockage and other quality factors and transmit a copy of the determination to each person named in the request. (7) The determination of the chief grain inspector for Canada is final. (8) An unofficial sample shall be retained for the period beginning on the date of the grading of the sample and ending not less than 20 days after that date. SOR/89-376, ss. 11(F), 14(F), 16(F); SOR/2000-213, s. 2; SOR/2003-284, s. 6; SOR/2004-198, s. 4; SOR/2005-361, s. 2; SOR/2013-111, s. 6
Canada Grain Regulations — 8
8 (1) Official samples and unofficial samples forwarded to the Commission for grading shall be sold by public tender within a reasonable time after the end of the required retention period for the samples under subsection 6(3) or 7(8). (2) [Repealed, SOR/2005-361, s. 3] (3) If no tender is received by the Commission for the purchase of an official sample or unofficial sample, the sample shall be discarded. SOR/89-376, ss. 1, 12(F); SOR/89-395, s. 2(F); SOR/96-508, s. 7; SOR/2000-213, s. 2; SOR/2004-198, s. 5; SOR/2005-361, s. 3; SOR/2006-206, s. 2
Canada Grain Regulations — 9
9 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
Canada Grain Regulations — 11
11 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
Canada Grain Regulations — 12
12 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
Canada Grain Regulations — 13
13 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
Canada Grain Regulations — 14
14 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
Canada Grain Regulations — 15
15 (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
Canada Grain Regulations — 15.1 and 15.2
15.1 and 15.2 [Repealed, SOR/2000-213, s. 2]
Canada Grain Regulations — 16
16 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
Canada Grain Regulations — 17
17 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
Canada Grain Regulations — 18
18 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
Canada Grain Regulations — 19
19 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
Canada Grain Regulations — 20
20 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
Canada Grain Regulations — 21
21 (1) Each applicant for a licence shall submit to the Commission, no later than the 15th day of the month prior to the commencement date of the licence period, specimens of all tickets, receipts, reports of sales and any other forms to be used by the licensee under its licence. (2) [Repealed, SOR/2004-198, s. 10] (3) Each applicant for a licence shall submit to the Commission, no later than the 15th day of the month prior to the commencement date of the licence period, the licence fee set out in Schedule 1 and the security fixed by the Commission under section 45 of the Act. SOR/89-376, s. 16(F); SOR/96-508, s. 14; SOR/2000-213, s. 2; SOR/2001-273, s. 11; SOR/2003-284, s. 10; SOR/2004-198, s. 10 SOR/2021-124, s. 1
Canada Grain Regulations — 23
23 No later than the 15th day of every month, each licensed grain dealer, primary elevator operator and process elevator operator shall submit to the Commission, on the appropriate form supplied by the Commission or in an electronic format acceptable to it, a report respecting the licensee’s outstanding obligations for the payment of money or the delivery of grain to holders of elevator receipts, grain receipts and cash purchase tickets and the security amount available to meet those obligations at the end of the preceding month. SOR/84-627, s. 2; SOR/89-376, ss. 12(F), 16(F); SOR/89-395, s. 2(F); SOR/96-508, s. 16; SOR/2000-213, s. 2; SOR/2002-255, s. 7; SOR/2008-314, s. 1; SOR/2016-256, s. 1
Canada Grain Regulations — 24
24 Every month, each licensed grain dealer shall submit to the Commission, in a form and manner that is accepted by the Commission, a report respecting the grain dealer’s operations during the preceding month. SOR/84-791, s. 2; SOR/89-376, s. 16(F); SOR/2000-213, s. 2; SOR/2002-255, s. 7; SOR/2004-198, s. 11(E); SOR/2008-314, s. 1 SOR/2021-124, s. 2
Canada Grain Regulations — 25
25 Every week, each process elevator licensee shall submit to the Commission, in a form and manner that is accepted by the Commission, a report respecting the licensee’s operations during the preceding week. SOR/89-376, s. 16(F); SOR/93-25, s. 1; SOR/96-508, s. 17; SOR/2000-213, s. 2; SOR/2008-314, s. 1 SOR/2021-124, s. 3
Canada Grain Regulations — 26
26 Each primary elevator licensee shall submit to the Commission (a) every week, in a form and manner that is accepted by the Commission, a report respecting the licensee’s operations during the preceding week; and (b) no later than October 15 in each crop year, in a form and manner that is accepted by the Commission, a report respecting the licensee’s operations during the preceding crop year for each primary elevator operated by the licensee. SOR/89-376, ss. 14(F), 16(F); SOR/93-25, s. 2; SOR/96-508, s. 17; SOR/2000-213, s. 2; SOR/2008-314, s. 2 SOR/2021-124, s. 4
Canada Grain Regulations — 27
27 Every day, the operator of a terminal elevator shall submit to the Commission, in a form and manner that is accepted by the Commission, a report respecting the elevator’s operations during the preceding day. SOR/84-626, s. 3; SOR/89-376, ss. 14(F), 16(F); SOR/93-25, s. 3; SOR/96-508, s. 17; SOR/2000-213, s. 2; SOR/2002-255, s. 8; SOR/2008-314, s. 3; SOR/2013-111, s. 9 SOR/2021-124, s. 5
Canada Grain Regulations — 29
29 With respect to a period referred to in subsection 53(2) of the Act, the special maximum storage charge at an elevator is (a) if the period has lasted seven days, for the next seven days of the period, 75% of the storage charge that could otherwise be made by the operator of the elevator for that type of storage; and (b) if the period has lasted 14 days, for the remainder of the period, 50% of the storage charge that could otherwise be made by the operator of the elevator for that type of storage. SOR/89-376, ss. 14(F), 16(F); SOR/96-508, s. 18; SOR/2000-213, s. 2
Canada Grain Regulations — 29.1
29.1 Each licensee who operates an elevator shall keep posted in a conspicuous place in the elevator the schedule of the current charges filed with the Commission under subsection 50(1) of the Act. SOR/2004-198, s. 12 SOR/2024-43, s. 5
Canada Grain Regulations — 29.2
29.2 In this Part, delivery period means, in relation to a contract for the purchase of grain, the period specified in the contract during which grain is to be delivered by the producer to the licensee. ( période de livraison ) SOR/2014-191, s. 1
Canada Grain Regulations — 29.3
29.3 (1) Any contract between a producer and a licensee for the purchase of grain within a delivery period must include a provision stating that, in the event that delivery of the kind and grade of grain indicated in the contract is not accepted by the licensee during the delivery period, a penalty is to be paid by the licensee to the producer. (2) The contract must also include provisions stating that the penalty (a) is agreed on by the producer and the licensee in the contract; (b) applies to the remaining undelivered portion of grain that was contracted for but that was not accepted by the licensee during the delivery period; and (c) is payable either at the time that the delivery of grain is completed by the producer or on another day otherwise agreed on by the producer and the licensee. (3) If the penalty agreed on by the producer and the licensee is based on a daily amount, the penalty is payable for each day during the period beginning on the first day after the day on which the delivery period expires and ending on the day on which the total amount of grain specified in the contract is accepted and received by the licensee, or on another day otherwise agreed on by the producer and the licensee. SOR/2014-191, s. 1; SOR/2016-256, s. 2
Canada Grain Regulations — 30
30 The maximum shrinkage allowance that may be made on the delivery of grain to any licensed elevator is zero. SOR/89-376, s. 16(F); SOR/96-508, s. 19(E); SOR/2000-213, s. 2; SOR/2003-284, s. 12; SOR/2004-198, s. 13; SOR/2011-45, s. 1
Canada Grain Regulations — 31 and 32
31 and 32 [Repealed, SOR/2004-198, s. 13]
Canada Grain Regulations — 33
33 (1) Every cash purchase ticket or primary elevator receipt issued by the operator of a licensed primary elevator shall be set out in accordance with the document entitled Cash Purchase Ticket or Combined Primary Elevator Receipt , as appropriate, published by the Commission, as amended from time to time. (2) If grain is purchased by the operator of a licensed primary elevator, the operator shall issue a cash purchase ticket without delay after the grain is unloaded. (3) If grain is received for storage at a licensed primary elevator, the operator of the elevator shall issue a primary elevator receipt without delay after the grain is unloaded. SOR/78-55, s. 3; SOR/84-626, s. 4; SOR/85-678, s. 3; SOR/89-376, ss. 12(F), 14(F), 20(F); SOR/95-386, s. 4; SOR/96-508, s. 22; SOR/2000-213, s. 2; SOR/2003-284, s. 14 SOR/2021-124, s. 6
Canada Grain Regulations — 34
34 (1) For the purposes of sections 35 and 36 , on the delivery of grain to a licensed primary elevator, a portion of at least 1 kg from a sample of the grain that is considered by the elevator operator and the person delivering the grain to be representative of the grain shall be taken from each load and retained either at the elevator or in accordance with any other instructions agreed to by the operator and the producer. (2) The sample shall be retained for the shortest of the following periods: (a) the period that ends seven days after the day on which the elevator operator issues the primary elevator receipt; (b) the period that ends when an agreement on grade and dockage is made between the elevator operator and the producer and an appropriate primary elevator receipt or cash purchase ticket has been issued; and (c) the period that ends when the representative portion of the sample is forwarded in accordance with paragraph 36 (1)(d). SOR/2000-213, s. 2; SOR/2002-255, s. 9; SOR/2004-198, s. 14; SOR/2008-314, s. 4 SOR/2022-195, s. 1
Canada Grain Regulations — 35
35 (1) The operator of a licensed primary elevator shall make an accurate determination of dockage in grain delivered at the elevator by (a) taking a representative portion of at least 1 kg from the sample referred to in section 34; (b) testing the sample with equipment of a type authorized by the Commission and hand-picking, if necessary, any portion that is not separable by that equipment; and (c) computing the dockage to the nearest 0.1%. (2) If the person delivering grain to a licensed primary elevator so requests, the test to determine the dockage in the grain shall be made in that person’s presence. SOR/84-626, s. 6; SOR/89-376, ss. 14(F), 16(F); SOR/95-386, s. 5; SOR/96-508, s. 23; SOR/2000-213, s. 2; SOR/2002-255, s. 10; SOR/2008-314, s. 5; SOR/2013-111, s. 10
Canada Grain Regulations — 36
36 (1) If the operator of a licensed primary elevator and the producer do not agree on the grade of the grain or the dockage in the grain delivered and an interim primary elevator receipt is issued, the operator shall take a representative portion of at least 1 kg from the sample referred to in section 34 and shall (a) put the representative portion in a container that is supplied by the operator or the person delivering the grain and that the operator and that person agree will maintain the integrity of the sample; (b) identify the container with the name of the owner of the grain and with the interim primary elevator receipt number; (c) mark the container “For Final Quality Determination”; and (d) forward the container to the nearest regional inspection office of the Commission, with all shipping charges prepaid, accompanied by a written request from the operator or the owner of the grain that an inspector examine the representative portion and report to the persons named in the request what grade and dockage the inspector would assign to the grain if the examination were an official inspection. (1.1) After the applicable period referred to in 34 (2) has expired in respect of a sample, the operator or the owner of the grain may not make a written request under paragraph (1)(d) in relation to the sample. (1.2) The operator of the elevator shall take the representative portion in the presence of the person delivering the grain, if the producer so requires. (2) On receipt of the representative portion, an inspector at the regional inspection office of the Commission shall examine it, determine its grade and dockage and transmit a copy of the determination to each person named in the request. (3) Any person who has an interest in the grain and who is dissatisfied with the determination of the inspector may, within 15 days after the date of the examination, request the chief grain inspector for Canada to re-examine the representative portion. (4) On receipt of the representative portion, the chief grain inspector for Canada shall examine it, determine its grade and dockage and transmit a copy of the determination to each person named in the request. (5) The determination of the chief grain inspector for Canada is final. (6) On receipt of the final determination, the operator of the elevator shall exchange the interim primary elevator receipt for the appropriate primary elevator receipt or cash purchase ticket indicating the grade and dockage assigned to the representative portion in accordance with this section. (7) For greater certainty, in this section, “grade” includes the tough, damp, moist and wet grades established in the Off Grades of Grain and Grades of Screenings Order . SOR/2000-213, s. 2; SOR/2002-255, s. 11; SOR/2003-284, s. 15; SOR/2004-198, s. 15; SOR/2008-314, s. 6; SOR/2013-111, s. 11 SOR/2022-195, s. 2 SOR/2024-43, s. 6
Canada Grain Regulations — 37
37 (1) If 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 and person delivering the grain shall (a) put a sample of the grain in a container that is of a type acceptable to the Commission, that will maintain the integrity of the sample and that is supplied by the operator or the person delivering the grain; (b) identify the container with the name of the owner of the grain and with the special bin primary elevator receipt number; and (c) mark the container “Special Bin”. (2) The person delivering the grain to the elevator shall secure the container by means of a lock or seal. (3) The operator shall keep the container in a locked storage cabinet or storeroom at the elevator, for not less than 30 days. (4) to (7) [Repealed, SOR/2004-198, s. 17] SOR/84-626, s. 8; SOR/89-376, ss. 14(F), 16(F); SOR/95-386, s. 7; SOR/2000-213, s. 2; SOR/2002-255, s. 12; SOR/2003-284, s. 16; SOR/2004-198, s. 17; SOR/2008-314, s. 7
Canada Grain Regulations — 38.1
38.1 (1) Subject to these Regulations, the operator of a licensed primary elevator may dry tough, damp, moist or wet grain at the elevator in accordance with orders of the Commission. (2) The operator of a licensed primary elevator shall issue an elevator grain drying receipt in a form supplied by the Commission or accepted by the Commission for each load of grain containing excessive moisture delivered to the elevator for artificial drying. (3) The holder of the drying receipt may surrender the receipt to the operator and take from the operator any other appropriate receipts that the circumstances require or take delivery of the grain. SOR/2002-255, s. 12