GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Grain Act — G-10 74
Discharge from elevator 74 (1) Subject to section 86, the operator of a licensed terminal elevator shall without delay discharge into a conveyance referred to in paragraph (b), to the extent of the conveyance’s capacity, the identical grain or grain of the same kind, grade and quantity that any elevator receipt issued by the operator requires if the holder of the receipt who may lawfully deliver grain referred to in that 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. 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. R.S., 1985, c. G-10, s. 74; 2012, c. 31, s. 372
Canada Grain Act — G-10 75
Limitation on receipt and discharge 75 No operator or manager of a licensed terminal elevator shall, except with the Commission’s written permission, (a) permit any grain that has been officially inspected on discharge from the elevator to be again received into the elevator; or (b) permit any grain containing dockage to be discharged from the elevator. R.S., 1985, c. G-10, s. 75; 2012, c. 31, s. 373
Canada Grain Act — G-10 76
Procedure if grain requires treatment or must be disposed of 76 (1) If any grain in a licensed terminal elevator is found to be infested or contaminated, or to have gone or to be likely to go out of condition or otherwise to require treatment, (a) the operator of the elevator shall, without delay, inform the Commission, the principal inspector at the nearest inspection point and, if the grain is specially binned, the persons having an interest or right in the grain; (b) the Commission shall, if it deems it necessary, arrange for the inspection of the grain; (c) the Commission, or a person authorized by the Commission, shall give such directions as to the treatment or disposal of the grain as the circumstances require; and (d) the operator of the elevator shall forthwith treat or dispose of the grain as so directed. Mixing prohibited (2) Except with the permission of the Commission, no grain in respect of which a direction has been given pursuant to subsection (1) shall thereafter be mixed with other grain. Costs of treatment, etc. (3) If, under a direction given under subsection (1), grain referred to in an elevator receipt indicating special binning issued by the operator of a licensed terminal elevator has been treated, shipped or otherwise disposed of, the costs incurred by the operator of the elevator in complying with the direction are recoverable from the persons having an interest or right in the grain in proportion to their respective interests or rights. Operator not relieved of statutory or contractual obligation (4) Nothing in this section shall be construed as relieving the operator of a licensed terminal elevator from the performance of any obligation imposed on him or her under this Act or any contract under which any grain came into or remains in the operator’s possession. R.S., 1985, c. G-10, s. 76; 2004, c. 25, s. 107; 2012, c. 31, s. 374
Canada Grain Act — G-10 77
Compulsory removal of grain 77 (1) The operator of a licensed terminal elevator may, with the Commission’s written permission, on at least 30 days’ notice in writing, in a form and manner prescribed, to the last known holder of an elevator receipt issued by the operator, require the holder to take delivery from the elevator of the grain referred to in the receipt. Sale of grain (2) If the holder of an elevator receipt issued by the operator of a licensed terminal elevator fails to take delivery of the grain referred to in a notice given under subsection (1) within the period for taking delivery set out in it, whether or not the notice has been brought to his or her attention, the operator of the elevator may, on any terms that may be specified in writing by the Commission, sell the identical grain or grain of the same kind, grade and quantity. Obligation on sale (3) Where an operator of an elevator sells grain under subsection (2), the operator 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 operator 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 (4) Each elevator receipt issued by the operator of a licensed terminal elevator shall bear the warning set out in subsection 65(4). R.S., 1985, c. G-10, s. 77; 2012, c. 31, s. 375
Canada Grain Act — G-10 78
Receipt 78 (1) Subject to any provision of this Act, any regulation or any order of the Commission, the operator of a licensed process elevator shall receive into the elevator grain lawfully delivered to the elevator at the discretion of the operator. Issuance of receipt or ticket (2) On the receipt of grain from a producer into a licensed process elevator, the operator of the elevator shall, at the prescribed time and in the prescribed manner, issue a grain receipt or a cash purchase ticket stating the grade name, grade and dockage of the grain, and immediately provide the producer with the grain receipt or cash purchase ticket. Limitation on discharge (3) Except with the permission of the Commission, no operator of a licensed process elevator shall discharge grain from the elevator, otherwise than for direct manufacture or processing into another product, unless the grain is officially inspected and officially weighed at the time of discharge and assigned a grade pursuant to this Act. R.S., 1985, c. G-10, s. 78; R.S., 1985, c. 37 (4th Supp.), s. 22; 1994, c. 45, s. 20
Canada Grain Act — G-10 81
Requirement to issue grain receipt or cash purchase ticket 81 (1) With respect to the purchase of western grain from a producer of that grain, every licensed grain dealer shall, at the prescribed time and in the prescribed manner, issue a grain receipt or cash purchase ticket stating the grade name, grade and dockage of the grain, and immediately provide it to the producer. (2) [Repealed, R.S., 1985, c. 37 (4th Supp.), s. 24] Commission contracts (3) No licensed grain dealer who acts for any person on a commission basis in relation to the purchase or sale of western grain by a grade name shall, except with the consent of that person, buy, sell or have any interest or right, directly or indirectly beyond the dealer’s agreed commission in the purchase or sale of the grain. Prohibitions (4) No licensed grain dealer shall (a) except with the permission of the Commission, enter into a contract relating to western grain that the dealer has reason to believe is infested or contaminated; or (b) enter into a contract that provides for the delivery of western grain to an elevator or a consignee if the grain is not lawfully receivable by the operator of the elevator or other consignee. R.S., 1985, c. G-10, s. 81; R.S., 1985, c. 37 (4th Supp.), s. 24; 1994, c. 45, s. 22; 2004, c. 25, s. 108
Canada Grain Act — G-10 82
Records and reports 82 Every licensed grain dealer shall maintain such records of his business as a grain dealer and make such reports to the Commission in respect of that business as may be prescribed. 1970-71-72, c. 7, s. 68
Canada Grain Act — G-10 83
Contracts to be made only by licensees 83 (1) No person in the Western Division shall, for reward, by way of a profit, commission or otherwise, (a) act on behalf of any other person in buying, selling or arranging for the weighing, inspection or grading of western grain, or (b) make any contract for the purchase of western grain, unless that person is a licensee or is employed by a licensee and acts only on behalf of his employer. Exception (2) Subject to this Act, a transaction referred to in subsection (1) may be entered into by a person who is not a licensee where the transaction is (a) a contract for the purchase of grain without reference to any grade name on terms whereby the consideration payable under the contract for the purchase of the grain is to be paid in full at the time of the making of the contract or the delivery of the grain; (b) a contract for the purchase of grain whereby the grain is purchased by a producer of grain for use as seed in the producer’s farming operation; (c) a contract for the purchase of grain whereby a person who raises livestock or poultry purchases the grain for feeding the livestock or poultry; or (d) a contract made on the premises of a recognized grain exchange by or through a broker who is a member of the exchange and duly recorded pursuant to the rules of the exchange. R.S., 1985, c. G-10, s. 83; 1994, c. 45, s. 24
Canada Grain Act — G-10 83.1
Obligation to provide declaration 83.1 Every licensee and every person who sells grain to a licensee shall, in accordance with the regulations, make and provide a declaration respecting the grain to a prescribed person. 2011, c. 25, s. 27 2020, c. 1, s. 67
Canada Grain Act — G-10 83.2
Regulations 83.2 The Commission may, with the approval of the Governor in Council, make regulations respecting the declaration referred to in section 83.1, including regulations prescribing (a) its form and content; (b) when it is to be made and provided; and (c) the persons to whom it is to be provided. 2011, c. 25, s. 27 2020, c. 1, s. 67
Canada Grain Act — G-10 83.3
False or misleading statement 83.3 No person shall knowingly make a false or misleading statement in a declaration referred to in section 83.1. 2011, c. 25, s. 27 2020, c. 1, s. 67
Canada Grain Act — G-10 84
Transport, except by public carrier, restricted 84 Except in accordance with terms and conditions prescribed under section 84.1 or with an order made under section 84.2, no person, other than a public carrier, shall transport or cause to be transported any grain into or out of Canada. R.S., 1985, c. G-10, s. 84; 1994, c. 45, s. 25 2020, c. 1, s. 67
Canada Grain Act — G-10 84.1
Regulations 84.1 The Commission may, with the approval of the Governor in Council, make regulations prescribing terms and conditions for the purposes of section 84. 2020, c. 1, s. 67
Canada Grain Act — G-10 84.2
Orders 84.2 The Commission may, by order, permit a person other than a public carrier, to transport or cause to be transported any grain into or out of Canada, in accordance with any terms and conditions set out in the order. If the order applies to more than one person, it applies for a period of time terminating not later than the end of the crop year in respect of which the order is made. 2020, c. 1, s. 67
Canada Grain Act — G-10 85
Inspection of conveyances 85 (1) An inspector (a) may, at any time, require a public carrier to hold a conveyance of the public carrier containing grain, grain products or screenings at an inspection point for inspection or official inspection of the grain, grain products or screenings; and (b) shall, within twenty-four hours of requiring the public carrier to hold the conveyance, inspect or officially inspect the grain, grain products or screenings. Time for inspection (2) A public carrier who is required to hold a conveyance at an inspection point pursuant to subsection (1) (a) shall hold the conveyance at the inspection point until after the inspection or official inspection or the expiration of twenty-four hours from the time when the carrier is so required to hold the conveyance, whichever occurs first; and (b) may then move the conveyance forward. Inspection of conveyances (3) An inspector (a) may, at any reasonable time, inspect any conveyance that has been placed at any elevator to receive grain; and (b) where the inspector believes on reasonable grounds that any prescribed condition exists in the conveyance to such extent that the conveyance is not in fit condition to receive grain, shall direct that grain not be discharged into the conveyance until the condition has been corrected. R.S., 1985, c. G-10, s. 85; 1994, c. 45, s. 26
Canada Grain Act — G-10 86
Discharge of grain into unfit conveyance prohibited 86 No person shall discharge any grain out of an elevator into a conveyance and no public carrier or other person shall permit the discharge of any grain out of an elevator into any conveyance owned or operated by him, where (a) the person or public carrier has reason to believe that any prescribed condition exists in the conveyance to such extent that the conveyance is not in fit condition to receive grain; or (b) an inspector has directed, pursuant to subsection 85(3), that grain not be discharged into the conveyance. 1970-71-72, c. 7, s. 70
Canada Grain Act — G-10 87
Application for railway cars 87 (1) One or more producers of grain, but not more than the number that the Commission may designate by order, may apply in writing to the Commission, in the prescribed form, for a railway car to receive and carry grain to a terminal elevator or process elevator or to a consignee at a destination other than an elevator, if they have grain in sufficient quantity to fill a railway car and if it may be lawfully delivered to a railway company for carriage to those elevators or other consignee. Allocation of cars (2) The Commission shall, in each week, allocate to applications made by producers of grain pursuant to subsection (1), in the order in which the applications are received, available railway cars that enter each shipping control area in that week up to such number or percentage of the available cars entering the area in that week and under such terms and conditions as the Commission may order. R.S., 1985, c. G-10, s. 87; 1994, c. 45, s. 27(F); 1998, c. 22, s. 25(F); 2012, c. 31, s. 378
Canada Grain Act — G-10 88
Inspection 88 (1) Subject to subsection (1.1), an inspector may, at any reasonable time, enter any elevator, any premises of the licensee of an elevator or any premises of a licensed grain dealer in which the inspector has reasonable grounds to believe there is any grain, grain product or screenings owned or possessed by the licensee or any books, records or other documents relating to the operation of the elevator or the business of the grain dealer and may (a) examine the premises and any equipment, grain, grain products and screenings found in the premises; (a.1) take samples of the grain, grain products or screenings; and (b) examine any books, records, bills of lading and other documents that, on reasonable grounds, the inspector believes contain any information relevant to verifying compliance with this Act and make copies of them or take extracts from them. Warrant required to enter dwelling-house (1.1) Where any premises referred to in subsection (1) is a dwelling-house, an inspector may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (1.2). Authority to issue warrant (1.2) Where on ex parte application a justice of the peace is satisfied by information on oath (a) that the conditions for entry described in subsection (1) exist in relation to a dwelling-house, (b) that entry to the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, and (c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused, the justice of the peace may issue a warrant under his hand authorizing the inspector named therein to enter that dwelling-house subject to such conditions as may be specified in the warrant. Use of force (1.3) In executing a warrant issued under subsection (1.2), the inspector named therein shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant. Certificate to be produced (2) An inspector shall be furnished with a certificate of his designation as an inspector and, on entering any elevator or premises referred to in subsection (1), shall, if so required, produce the certificate to the person in charge thereof. Assistance to inspectors (3) The licensee or person in charge of any elevator or premises entered by an inspector pursuant to subsection (1) and every person found therein shall give the inspector all reasonable assistance to enable the inspector to carry out his duties and functions under this Act and shall furnish the inspector with any information he may reasonably require with respect to the administration of this Act and the regulations. R.S., 1985, c. G-10, s. 88; R.S., 1985, c. 31 (1st Supp.), s. 13; 1988, c. 65, s. 126; 1998, c. 22, s. 17; 2011, c. 25, s. 29; 2012, c. 31, s. 379
Canada Grain Act — G-10 89
Obstruction 89 (1) No person shall obstruct or hinder an inspector in the carrying out of his duties and functions under this Act. False statements (2) No person shall knowingly make any false or misleading statements, either orally or in writing, to an inspector engaged in carrying out his duties and functions under this Act. 1970-71-72, c. 7, s. 72
Canada Grain Act — G-10 90
Seizure and report 90 (1) An inspector may seize any documents or records that he or she has reasonable grounds to believe contain or are evidence that an offence under this Act was committed — and, in any event, shall without delay report to the Commission the facts ascertained by him or her — if he or she has reasonable grounds to believe that (a) any offence under this Act was committed; (b) any grain, grain product or screenings in an elevator are infested or contaminated; (c) any equipment in an elevator is in such condition that grain, grain products or screenings cannot safely or accurately be weighed or handled in the elevator; or (d) an elevator is in any condition that causes danger to persons or loss or deterioration of grain, grain products or screenings stored in it. Detention (2) Documents or records seized pursuant to subsection (1) shall not be detained after the expiration of thirty days from the seizure unless before that time proceedings in respect of an offence under this Act, in respect of which the documents or records contain or are evidence, have been instituted, in which event the documents or records may be detained until the proceedings are finally concluded. R.S., 1985, c. G-10, s. 90; 1988, c. 65, s. 127; 1994, c. 45, s. 29; 2012, c. 31, s. 380
Canada Grain Act — G-10 91
Investigations 91 (1) The Commission has jurisdiction to and may, on receiving a report from an inspector pursuant to section 90 or at any other time, investigate (a) the grading and weighing of any grain at an elevator; (b) the deduction made from any grain for dockage or shrinkage at an elevator; (c) [Repealed, 2012, c. 31, s. 381] (d) any allegation that an elevator is operated in an unfair or a discriminatory manner; (e) the loss or deterioration of any grain during storage or treatment at an elevator; (f) the charges for services provided by a licensee pursuant to his licence; (g) any failure or refusal of a licensee to pay any fees for services provided by the Commission or to comply with any provisions of this Act or any regulation, order or licence made or issued pursuant to this Act; (g.1) [Repealed, 2011, c. 25, s. 30] (h) any complaint by a person with respect to any matter within the jurisdiction of the Commission; and (i) any other matter arising out of the performance of the duties of the Commission. Designation (2) The Commission may designate one commissioner to conduct any investigation under this section that is not in the nature of a hearing. R.S., 1985, c. G-10, s. 91; 1988, c. 65, s. 128; 1998, c. 22, s. 25(F); 2011, c. 25, s. 30; 2012, c. 31, s. 381
Canada Grain Act — G-10 92
Arbitration 92 The Commission or a commissioner has capacity, with the consent of the parties involved, to act as an arbitrator in any dispute respecting grain or commercial transactions relating to grain. 1970-71-72, c. 7, s. 75
Canada Grain Act — G-10 92.1
Arbitration — certain contracts 92.1 (1) On the written request of one of the parties to a contract that includes provisions that are required by a regulation made under paragraph 116(1)(s.2), the Commission, a commissioner or a third party appointed by the Commission has capacity to act as an arbitrator in any dispute respecting those provisions. Remuneration (2) The Commission may fix the remuneration to be paid to it or, if a third party is acting as arbitrator, to the third party for the arbitration. Determination of costs (3) The Commission shall determine the costs related to the arbitration. Allocation of remuneration and costs (4) The arbitrator shall decide how to allocate between the parties the payment of the remuneration and the costs to the Commission or the third party, as the case may be. Decision binding (5) The arbitrator’s decisions are binding on the parties. Third-party arbitrator (6) If the arbitrator is a third party, the arbitrator’s decisions are deemed to be the Commission’s decisions. Order to comply (7) The Commission may, by order, require a licensee to comply with a decision made under this section. 2014, c. 8, s. 2