GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Grain Act — G-10 27
Export standard samples 27 (1) The export standard sample that is designated for a grade of grain (a) shall be used as the visual grading standard in the grading of western grain of that grade discharged from a terminal elevator or process elevator; and (b) constitutes the minimum visual quality of the grade for that grain. Primary standard samples (2) The primary standard sample that is designated for a grade of grain (a) shall be used as a visual grading guide in the grading of grain of that grade, other than western grain discharged from a terminal elevator or process elevator; and (b) constitutes the minimum visual quality of the grade for that grain. Non-visual criteria of quality (3) Where (a) protein content is a criterion of quality that applies to a grade of grain, or (b) any other criterion of quality that cannot be determined visually by comparison with a primary standard sample or export standard sample applies to a grade of grain, that criterion shall be taken into consideration in determining the grade of the grain. Limitation (4) No person shall, on the basis of the use of a primary standard sample, (a) assign a grade to any grain that does not meet the specifications for that grade established by or under this Act; or (b) refuse to assign a grade to any grain that meets the specifications so established for that grade. R.S., 1985, c. G-10, s. 27; 2012, c. 31, s. 355
Canada Grain Act — G-10 28
Grain of variety not registered under Seeds Act 28 Notwithstanding paragraph 27(4)(b), where grain of any kind is of a variety produced from seed of a variety that is not registered under the Seeds Act for sale in or importation into Canada, no person shall, except with the permission of the Commission, assign to that grain a grade that is higher than the lowest grade established by regulation for that kind of grain. R.S., 1985, c. G-10, s. 28; R.S., 1985, c. 49 (1st Supp.), s. 8, c. 37 (4th Supp.), s. 12
Canada Grain Act — G-10 29
Provision for inspection 29 The Commission shall make provision for the inspection of grain at such places as the Commission may, by by-law, determine. 1970-71-72, c. 7, s. 23
Canada Grain Act — G-10 30
Order of inspection 30 (1) Subject to the regulations, an inspector (a) shall, on application for inspection and in the order of receipt of applications for inspection, make an official inspection of grain at any place where provision for inspection has been made; and (b) on making an official inspection of grain, shall take an official sample of the grain in the manner prescribed and retain the sample for fifteen days or such longer period as may be prescribed. Grading of unofficial samples (2) An inspector may, on application for grading, grade unofficial samples of grain in the prescribed manner. R.S., 1985, c. G-10, s. 30; 1994, c. 45, s. 7
Canada Grain Act — G-10 31
Sample to be property of the Commission 31 A sample of grain taken pursuant to section 30 or otherwise sent to the Commission thereupon becomes the property of the Commission and shall be sold or disposed of by the Commission in the prescribed manner. R.S., 1985, c. G-10, s. 31; R.S., 1985, c. 37 (4th Supp.), s. 13
Canada Grain Act — G-10 32
Inspection certificates 32 (1) Subject to this Act, an inspector, after making an official inspection of grain pursuant to this Act, shall issue an inspection certificate in prescribed form, (a) if the grain was grown in Canada or the United States, (i) assigning to the grain a grade established by or under this Act or, if the grain is eligible to be assigned more than one grade, assigning to the grain the grade constituting the highest level of excellence for which the grain is eligible, and (ii) stating the dockage to be separated from the grain in order that it may be eligible for the grade so assigned; or (b) if the grain was grown outside Canada or the United States, stating the country of origin of the grain or stating that the grain is imported grain and, in the prescribed circumstances, (i) assigning to the grain a grade established by or under this Act or, if the grain is eligible to be assigned more than one grade, assigning to the grain the grade constituting the highest level of excellence for which the grain is eligible, and (ii) stating the dockage to be separated from the grain in order that it may be eligible for the grade so assigned. Where assignation of grade not necessary (1.1) An inspector may, with the approval of the Commission, issue an inspection certificate in prescribed form in respect of grain that has been specially binned or that is or may be marketed on the basis of its specifications rather than a grade established by regulation without assigning any grade to the grain and, in that case, shall indicate in the certificate that the grain is specially binned or, in the case of grain that is or may be marketed on the basis of its specifications, the specifications. Additional information (2) An inspection certificate shall contain such information, in addition to the information specified in subsection (1) or (1.1), as the case may be, as may be authorized by the Commission. R.S., 1985, c. G-10, s. 32; R.S., 1985, c. 37 (4th Supp.), s. 14 2020, c. 1, s. 64
Canada Grain Act — G-10 33
Transmission of inspection certificate 33 An inspection certificate issued when grain is discharged from a terminal elevator shall be transmitted with the shipping documents relating to the grain. R.S., 1985, c. G-10, s. 33; 2012, c. 31, s. 356
Canada Grain Act — G-10 34
Cancellation of inspection certificate 34 An inspection certificate issued in respect of any grain later found to have gone out of condition shall be cancelled and, after a subsequent official inspection of the grain, a new inspection certificate shall be substituted for the cancelled certificate. 1970-71-72, c. 7, s. 28
Canada Grain Act — G-10 39
Right of appeal 39 (1) Any person who is dissatisfied with the grade assigned to grain on an official inspection may appeal the decision of the inspector in respect of any characteristics of the grain, by way of an application for reinspection of the grain, to the chief grain inspector for Canada. Time for appeal (2) Except with the Commission’s permission, no appeal lies under this section unless, within 15 days after the decision that is the subject of the appeal is made, notice of the appeal is given to the chief grain inspector for Canada. R.S., 1985, c. G-10, s. 39; 2012, c. 31, s. 358
Canada Grain Act — G-10 40
Restriction on appeals 40 Except as may be prescribed, no appeal lies under section 39 from the decision of an inspector in respect of the grade assigned (a) in respect of a sample of grain taken on receipt of the grain into a primary elevator; or (b) to any grain on the discharge of the grain from an elevator. 1970-71-72, c. 7, s. 30
Canada Grain Act — G-10 41
Duties of chief grain inspector on appeal 41 (1) If an appeal is taken, the chief grain inspector for Canada shall (a) inspect the grain to which the appeal relates or a sample of that grain; (b) review the decision appealed; (c) assign to the grain the grade that he or she considers to be the appropriate grade for the grain; and (d) if a grade is assigned to the grain that is different from the grade previously assigned to it, require all inspection certificates, and all other documents specified by the Commission, relating to the grain to be revised accordingly. Decision is final (2) The decision of the chief grain inspector for Canada is final and conclusive and not subject to appeal to or review by any court. Delegation (3) The chief grain inspector for Canada may delegate all or part of the duties and functions conferred on him or her under subsection (1). R.S., 1985, c. G-10, s. 41; R.S., 1985, c. 37 (4th Supp.), s. 15; 2012, c. 31, s. 359
Canada Grain Act — G-10 42
Classes of licences 42 The following classes of licences are hereby established for the purposes of this Act: (a) a primary elevator licence, being a licence to operate a primary elevator; (b) a terminal elevator licence, being a licence to operate a terminal elevator; (c) [Repealed, 2012, c. 31, s. 360] (d) a process elevator licence, being a licence to operate a process elevator; and (e) a grain dealer’s licence, being a licence to carry on business as a grain dealer. R.S., 1985, c. G-10, s. 42; 2012, c. 31, s. 360
Canada Grain Act — G-10 43
Subclasses of licences 43 The Commission may, with the approval of the Governor in Council, make regulations prescribing (a) subclasses of the licences established by section 42; and (b) any terms and conditions of a licence of any class or subclass. R.S., 1985, c. G-10, s. 43; 1994, c. 45, s. 9
Canada Grain Act — G-10 44
Prohibition 44 No person shall (a) operate an elevator of a type referred to in section 42 unless (i) that person is the holder of a licence issued in respect of the elevator, or (ii) the elevator has been exempted from the licensing requirements of this Act pursuant to section 117; or (b) carry on business as a grain dealer unless (i) that person is the holder of a grain dealer’s licence, (ii) the business of that person as a grain dealer has been exempted from the licensing requirements of this Act pursuant to section 117, or (iii) that person deals in grain only in the course of operating a licensed elevator or as a broker trading on a recognized grain exchange. 1970-71-72, c. 7, s. 34
Canada Grain Act — G-10 45
Issue of licences — primary and process elevators and grain dealers 45 (1) Where a person who proposes to operate a primary or process elevator or to carry on business as a grain dealer applies in writing to the Commission for a licence and the Commission is satisfied that the applicant and the elevator, if any, meet the requirements of this Act, the Commission may (a) issue to the applicant a licence of a class or subclass determined by the Commission to be appropriate to the type of operation of that elevator or the business of that grain dealer; and (b) subject to the regulations, fix the security to be given by the applicant, by way of bond, suretyship, insurance or otherwise, having regard to the applicant’s potential obligations for the payment of money or the delivery of grain to producers of grain who are holders of cash purchase tickets, elevator receipts or grain receipts issued pursuant to this Act in relation to grain produced by the holders. Issue of licences — terminal and transfer elevators (2) Where a person who proposes to operate a terminal or transfer elevator applies in writing to the Commission for a licence and the Commission is satisfied that the applicant and the elevator, if any, meet the requirements of this Act, the Commission may (a) issue to the applicant a licence of a class or subclass determined by the Commission to be appropriate to the type of operation of that elevator; and (b) subject to the regulations, fix the security to be given by the applicant, by way of bond, suretyship, insurance or otherwise, having regard to the applicant’s obligations for the payment of money or the delivery of grain to holders of elevator receipts issued pursuant to this Act. Terms and conditions of licence (3) A licence issued pursuant to this section shall be (a) for a term not exceeding five years; and (b) subject to such conditions, in addition to any prescribed conditions, as the Commission deems appropriate in the public interest for facilitating trade in grain. R.S., 1985, c. G-10, s. 45; 1994, c. 45, s. 10; 2001, c. 4, s. 88(E)
Canada Grain Act — G-10 46
Refusal to issue elevator licence 46 (1) The Commission may refuse to issue an elevator licence if the applicant has not given the security fixed pursuant to section 45 or fails to establish to the satisfaction of the Commission that (a) the premises that the applicant proposes to use are appropriate for the storage and handling of grain; or (b) the elevator is or will be of such a type and in such condition and the equipment of the elevator is or will be of such a type and size and in such condition as to enable the applicant to provide, at the location where the applicant proposes to operate the elevator, the services required by or pursuant to this Act to be provided at that location by a licensee holding a licence of the class for which the applicant has applied. Refusal to issue grain dealer’s licence (2) The Commission may refuse to issue a grain dealer’s licence if the applicant has not given the security fixed pursuant to section 45. Refusal of licence re convictions (3) The Commission may refuse to issue a licence if the applicant has been convicted of an offence under this Act within the twelve months immediately preceding the application for the licence and the Commission is satisfied that it would not be in the public interest to issue a licence to the applicant. Interpretation (4) Nothing in this section shall be construed as a limitation on the powers of the Commission to issue or refuse to issue a licence pursuant to any other provision of this Act. R.S., 1985, c. G-10, s. 46; R.S., 1985, c. 37 (4th Supp.), s. 16; 1994, c. 45, s. 10
Canada Grain Act — G-10 48
Consultation 48 (1) The Commission shall, at the request of an applicant for a licence, consult with the applicant with regard to any conditions that the Commission proposes to attach to the licence pursuant to paragraph 45(3)(b). Amendment of licence (2) The Commission may, subject to the regulations and on application by a licensee, amend any condition of a licence issued to the licensee. R.S., 1985, c. G-10, s. 48; 1994, c. 45, s. 11
Canada Grain Act — G-10 49.1
Restrictions — no liability for improper delivery of grain 49.1 (1) The Commission is not liable to a producer who has delivered grain (a) to a person who is not a licensee; or (b) to a licensee, if the producer has not obtained a cash purchase ticket, an elevator receipt or a grain receipt from the licensee. No liability (2) The Commission is not liable if a licensee fails to fulfill any payment or delivery obligation owed to a holder of a grain receipt, elevator receipt or cash purchase ticket. 1994, c. 45, s. 13; 1998, c. 22, s. 8
Canada Grain Act — G-10 50
Charges to be filed 50 (1) Each licensee who operates an elevator shall, before the commencement of each crop year, file with the Commission a schedule of the charges to be made at the licensed elevator in the crop year for each service to be performed under their licence. Amendment of charges (2) A licensee who operates an elevator may, during a crop year, file with the Commission an amended schedule of charges for services to be performed under the licence in that crop year. Condition (3) An amended schedule of charges is not effective until it has been filed with the Commission. R.S., 1985, c. G-10, s. 50; R.S., 1985, c. 37 (4th Supp.), s. 18; 1994, c. 45, s. 14
Canada Grain Act — G-10 51
Charges that may be made 51 (1) No licensee who operates an elevator shall charge or receive for any services performed under the licence at that elevator any sum greater than the lesser of (a) the maximum charges that may be fixed by the regulations for the services, and (b) such charges for the services as are set out in the schedule of charges filed by the licensee with the Commission. Charge fixed includes charge determined (2) The reference in paragraph (1)(a) to maximum charges fixed by the regulations includes a maximum charge determined pursuant to the regulations. Temporary maximum charges (3) Notwithstanding subsection (1), the Commission, on receiving a written complaint from an interested person with respect to the charge for a service provided by the operator of a licensed elevator, may, by order, after giving all interested persons an opportunity to be heard, fix the maximum charge or a manner for determining the maximum charge for that service. Period of validity of order (4) An order made under subsection (3) becomes effective on the day specified in the order, which day shall not be earlier than the day the Commission determines that the facts giving rise to the complaint occurred, and ceases to be effective at the end of the crop year in which the order is made or on such earlier day as is set out in the order for its expiration. Cease to be in force (5) Subsections (3) and (4) cease to be in force on July 31, 1996. R.S., 1985, c. G-10, s. 51; 1994, c. 45, s. 14
Canada Grain Act — G-10 52
Time limitation on charges 52 (1) No storage charge in respect of grain referred to in an elevator receipt shall be made by the licensee of an elevator in respect of time subsequent to (a) the delivery of the grain out of the elevator into a railway car or other conveyance; or (b) the expiration of twenty-four hours after (i) a railway car or other conveyance that is capable of receiving grain discharged from the elevator and to which the grain may lawfully be delivered has been placed at the elevator to receive the grain, (ii) all charges accrued in respect of the grain have been paid or tendered, and (iii) elevator receipts requiring delivery of the grain have been surrendered or tendered. Exception relating to ships (2) For the purpose of subsection (1), where the conveyance placed at an elevator is a ship, the holder of elevator receipts requiring the delivery of grain shall be deemed to surrender or tender on any day only receipts for a quantity of grain that can reasonably be discharged from the elevator into the ship within twenty-four hours from the time the receipts are deemed to be surrendered or tendered. 1970-71-72, c. 7, s. 40
Canada Grain Act — G-10 53
Charges where licensee is unable to deliver grain 53 (1) Where, by reason of the condition of any licensed elevator or as a result of any labour stoppage by employees of a licensee of an elevator or any lockout at any licensed elevator, the licensee of the elevator is, for any period, unable to deliver grain, grain products or screenings stored in any type of storage in the elevator in accordance with an elevator receipt issued by the licensee, whether or not the holder has requested delivery pursuant to the receipt, notwithstanding section 51, the licensee shall not charge the holder of the receipt, in respect of any part of that period after the first seven days thereof, any storage charge that accrues under the receipt that exceeds the appropriate maximum storage charge prescribed pursuant to subsection (2) with respect to that type of storage. Regulations — special maximum storage charge (2) The Commission shall, with the approval of the Governor in Council, make regulations prescribing, with respect to a period referred to in subsection (1), a special maximum storage charge relating to any type of storage of grain, grain products or screenings in licensed elevators of any type that is lower than the maximum storage charge authorized to be charged for that storage pursuant to section 51 and, in so doing, the Commission may prescribe a different maximum storage charge with respect to any period within that period. Application (3) A special maximum storage charge prescribed pursuant to subsection (2) applies only in respect of a period of inability to deliver described in subsection (1) that commences after the effective date of the provision of any regulations in which that special maximum storage charge is prescribed. R.S., 1985, c. G-10, s. 53; R.S., 1985, c. 37 (4th Supp.), s. 19; 1994, c. 45, s. 15
Canada Grain Act — G-10 54
Payment before delivery 54 Nothing in this Act requires a licensee, on a request for the delivery of grain by the holder of an elevator receipt, to deliver the grain referred to in the receipt to the holder unless the receipt has been surrendered and all charges accrued under this Act have been paid. R.S., 1985, c. G-10, s. 54; R.S., 1985, c. 37 (4th Supp.), s. 20
Canada Grain Act — G-10 54.1
Recovery of charges 54.1 (1) If an elevator receipt issued by the licensee of a terminal elevator has been outstanding for more than one year and any charges accruing under the receipt have accrued for more than one year and are unpaid, the licensee, with the Commission’s written permission, after giving any notice of sale to the last known holder of the receipt that may be specified by the Commission, may, on any terms and conditions that may be specified in writing by the Commission, sell the grain referred to in the receipt or grain of the same kind, grade and quantity to recover the charges. Obligation of licensee after sale (2) Where the licensee of an elevator sells grain under subsection (1), the licensee has no obligation to the holder of the elevator receipt issued in respect of the grain, other than to pay to the holder on surrender of the receipt the amount that the licensee received for the grain sold less the aggregate of the costs, if any, incurred in the sale of the grain and the charges accrued under this Act in respect of the grain to the date of the sale. Warning (3) Each elevator receipt issued by the licensee of a terminal elevator shall bear the following warning: “WARNING: If the charges accruing under this receipt have been unpaid for more than one year, the grain may be sold, in which case the holder is entitled to receive, on surrender of this receipt, only the money received for the grain less those charges and the costs of sale. AVERTISSEMENT : En cas de non-paiement, pendant plus d’un an, des droits exigibles aux termes d’un récépissé, le grain peut être vendu, le détenteur du récépissé n’ayant droit par la suite, sur remise de ce document, qu’au produit de la vente, déduction faite de ces droits et des frais exposés pour la vente.” R.S., 1985, c. 37 (4th Supp.), s. 20; 2012, c. 31, s. 365
Canada Grain Act — G-10
“WARNING: If the charges accruing under this receipt have been unpaid for more than one year, the grain may be sold, in which case the holder is entitled to receive, on surrender of this receipt, only the money received for the grain less those charges and the costs of sale.
Canada Grain Act — G-10
AVERTISSEMENT : En cas de non-paiement, pendant plus d’un an, des droits exigibles aux termes d’un récépissé, le grain peut être vendu, le détenteur du récépissé n’ayant droit par la suite, sur remise de ce document, qu’au produit de la vente, déduction faite de ces droits et des frais exposés pour la vente.”
Canada Grain Act — G-10 55
Works for the general advantage of Canada 55 (1) All elevators in Canada heretofore or hereafter constructed, except elevators referred to in subsection (2) or (3), are and each of them is hereby declared to be a work or works for the general advantage of Canada. Other works (1.1) Every flour mill, feed mill, feed warehouse and seed cleaning mill is a work for the general advantage of Canada. (2) and (3) [Repealed before coming into force, 2008, c. 20, s. 3] R.S., 1985, c. G-10, s. 55; 2008, c. 20, s. 3; 2011, c. 25, s. 59
Canada Grain Act — G-10 56
Facilities, equipment and maintenance 56 (1) A licensee operating an elevator shall install in it such equipment, provide such facilities and maintain the equipment and structure of the elevator in such condition as may be prescribed in respect of elevators of that type or required by order of the Commission in respect of that elevator to ensure, as may be applicable, the efficient and accurate weighing, sampling, inspection, grading, drying, cleaning and accommodation of all grain, grain products and screenings received into or discharged from the elevator. Restriction (2) Notwithstanding subsection (1), no operator of a primary elevator shall be required pursuant to that subsection to install cleaning or drying equipment. R.S., 1985, c. G-10, s. 56; 1998, c. 22, s. 11
Canada Grain Act — G-10 57
Prohibited receipt into elevators 57 Except as may be authorized by regulation or by order of the Commission, no licensee operating an elevator shall receive into the elevator (a) any grain, grain product or screenings unless the grain, grain product or screenings is weighed at the elevator immediately before or during receipt; (b) any material or substance for storage other than grain, grain products or screenings; or (c) [Repealed, 2005, c. 24, s. 1] (d) any grain that the operator has reason to believe is infested or contaminated. R.S., 1985, c. G-10, s. 57; 1998, c. 22, s. 12; 2005, c. 24, s. 1