GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Grain Act — G-10
manager means, in respect of an elevator, the chief executive officer employed at the elevator by the operator or licensee of the elevator; ( directeur )
Canada Grain Act — G-10
Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; ( ministre )
Canada Grain Act — G-10
official inspection means the sampling and grading of a parcel of grain by an inspector; ( inspection officielle )
Canada Grain Act — G-10
official sample means a sample taken from a parcel of grain by a person authorized by the Commission to take the sample or by any sampling device authorized by the Commission; ( échantillon officiel )
Canada Grain Act — G-10
official weighing means the weighing of grain under the supervision of a person authorized by the Commission or in a manner authorized by the Commission; ( pesée officielle )
Canada Grain Act — G-10
operator means, in respect of an elevator, the person in possession of the premises constituting the elevator, either as owner or lessee thereof or as being entitled under a contract with the owner or lessee to operate the elevator for his own benefit and advantage; ( exploitant )
Canada Grain Act — G-10
order includes any directive to the trade issued by the Commission; ( arrêté )
Canada Grain Act — G-10
prescribed means prescribed by regulation; ( Version anglaise seulement )
Canada Grain Act — G-10
primary elevator means an elevator the principal use of which is the receiving of grain directly from producers for storage or forwarding or both; ( installation primaire ou silo primaire )
Canada Grain Act — G-10
primary standard sample means, in respect of a grade of grain, a sample of grain of that grade designated by the Commission pursuant to paragraph 26(a); ( échantillon-type normal )
Canada Grain Act — G-10
process elevator means an elevator the principal use of which is the receiving and storing of grain for direct manufacture or processing into other products; ( installation de transformation ou silo de transformation )
Canada Grain Act — G-10
producer means, as well as an actual producer, any person entitled, as landlord, vendor or mortgagee or hypothecary creditor, to the grain produced by an actual producer or to any share of that grain; ( producteur )
Canada Grain Act — G-10
public carrier means any railway company, any operator of an extra-provincial truck undertaking within the meaning of the Motor Vehicle Transport Act and any owner or operator of a ship; ( transporteur public )
Canada Grain Act — G-10
railway company means any company operating a line of railway in one or more provinces; ( compagnie de chemin de fer )
Canada Grain Act — G-10
regulation [Repealed, 1994, c. 45, s. 1]
Canada Grain Act — G-10
screenings means dockage that has been removed from a parcel of grain; ( criblures )
Canada Grain Act — G-10
ship includes any description of vessel or boat used or designed for use in navigation, irrespective of method or lack of propulsion; ( navire )
Canada Grain Act — G-10
shortage [Repealed, 2012, c. 31, s. 351]
Canada Grain Act — G-10
shrinkage means the loss in weight of grain that occurs in the handling or treating of grain; ( perte de poids )
Canada Grain Act — G-10
special binning means the storing of a parcel or parcels of grain pursuant to a contract, in space in an elevator that is specified in the contract, for the purpose of preserving the identity of the grain; ( stockage en cellule )
Canada Grain Act — G-10
storage charge means the charge made by the licensee of an elevator for maintaining in the elevator a stock of grain available for delivery on presentation of an elevator receipt entitling the holder to the delivery of grain in accordance with the receipt; ( frais de stockage )
Canada Grain Act — G-10
terminal elevator means an elevator whose principal uses are the receiving of grain from another elevator and the cleaning, storing and treating of the grain before it is moved forward; ( installation terminale ou silo terminal )
Canada Grain Act — G-10
transfer elevator [Repealed, 2012, c. 31, s. 351]
Canada Grain Act — G-10
weigh-over [Repealed, 2012, c. 31, s. 351]
Canada Grain Act — G-10
Western Division means all that part of Canada lying west of the meridian passing through the eastern boundary of the City of Thunder Bay, including the whole of the Province of Manitoba; ( région de l’Ouest )
Canada Grain Act — G-10
western grain means grain, other than imported grain, that is delivered into the Western Division. ( grain de l’Ouest )
Canada Grain Act — G-10 2.1
Contaminated grain 2.1 Grain is contaminated for the purposes of this Act if the grain contains any substance in sufficient quantity that the grain is either (a) adulterated for the purposes of the Food and Drugs Act ; or (b) contaminated within the meaning of the regulations made under section 51 of the Safe Foods for Canadians Act . 2020, c. 1, s. 61
Canada Grain Act — G-10 3
Commission established 3 There is hereby established a Commission to be known as the Canadian Grain Commission consisting of three commissioners to be appointed by the Governor in Council to hold office, during good behaviour, for a renewable term of up to seven years. R.S., 1985, c. G-10, s. 3; R.S., 1985, c. 37 (4th Supp.), s. 2
Canada Grain Act — G-10 4
Chief commissioner and assistant chief commissioner 4 (1) The Governor in Council shall designate one of the commissioners to be chief commissioner and another commissioner to be assistant chief commissioner. Commissioner chief executive officer (2) The chief commissioner is the chief executive officer of the Commission and, subject to section 12, has supervision over and direction of the work and staff of the Commission. Powers of assistant chief commissioner (3) The assistant chief commissioner may exercise all the powers and perform all the functions of the chief commissioner in the event of the absence or incapacity of the chief commissioner or if the office of the chief commissioner is vacant. R.S., 1985, c. G-10, s. 4; 1994, c. 45, s. 2
Canada Grain Act — G-10 5
Salaries and expenses 5 (1) Each commissioner shall be paid a salary to be fixed by the Governor in Council and is entitled to be paid reasonable travel and other expenses incurred by him while absent from his ordinary place of residence in the course of his duties under this Act. Superannuation and compensation (2) The commissioners are deemed to be persons employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act . R.S., 1985, c. G-10, s. 5; 2003, c. 22, s. 106(E)
Canada Grain Act — G-10 6
Oath of office 6 (1) A commissioner shall, before entering on his duties as such, take and subscribe, before a superior court judge, an oath of office in prescribed form. Duties to be full-time duties (2) A commissioner shall devote the whole of his time to the performance of his duties under this Act. (3) and (4) [Repealed, 1994, c. 45, s. 3] R.S., 1985, c. G-10, s. 6; 1994, c. 45, s. 3
Canada Grain Act — G-10 7
Outside interest 7 A person is not eligible to be appointed or, subject to section 8, to continue as a commissioner if, directly or indirectly, as owner, shareholder, director, officer, partner or otherwise, that person is engaged in commercial dealings in grain or the carriage of grain or has any pecuniary or other interest in grain or the carriage of grain, other than as a producer of grain. R.S., 1985, c. G-10, s. 7; 2004, c. 25, s. 106
Canada Grain Act — G-10 8
Disposing of property 8 Any commissioner in whom any property giving rise to an interest prohibited under section 7 vests by will or succession for the commissioner’s own benefit shall, within six months after the vesting, dispose of that property. R.S., 1985, c. G-10, s. 8; 2004, c. 25, s. 106
Canada Grain Act — G-10 10
Staff 10 Any officers and employees that are necessary for the proper conduct of the business of the Commission, including managers and employees employed at elevators constructed or acquired by Her Majesty in right of Canada and administered by the Commission under this Act, shall be appointed in the manner authorized by law. R.S., 1985, c. G-10, s. 10; 2010, c. 12, s. 1662
Canada Grain Act — G-10 11
Head office 11 The head office of the Commission shall be at the City of Winnipeg, in the Province of Manitoba, but the Commission may hold meetings and hearings at such other places as the Commission considers necessary or desirable for the proper conduct of the business of the Commission. 1970-71-72, c. 7, s. 9
Canada Grain Act — G-10 12
By-laws 12 The Commission may make by-laws (a) respecting the calling of meetings of the Commission, the regulation of its proceedings and generally for the conduct of its activities; (b) distributing among the commissioners duties to be performed by them; (c) specifying the duties of officers, managers and employees appointed as described in section 10; (d) designating as an inspector for the purposes of this Act any person who, in the opinion of the Commission, is qualified to be so designated; (e) respecting the establishment of committees of the Commission composed of commissioners or other persons or both, the delegation of duties to those committees and the fixing of quorums for meetings thereof; (f) designating a seal to be used by the Commission to authenticate any documents issued by it; and (g) fixing the allowance to be paid to members of grain standards committees. R.S., 1985, c. G-10, s. 12; 1994, c. 45, s. 4; 2010, c. 12, s. 1663; 2012, c. 31, s. 352
Canada Grain Act — G-10 13
Objects 13 Subject to this Act and any directions to the Commission issued from time to time under this Act by the Governor in Council or the Minister, the Commission shall, in the interests of the grain producers, establish and maintain standards of quality for Canadian grain and regulate grain handling in Canada, to ensure a dependable commodity for domestic and export markets. 1970-71-72, c. 7, s. 11
Canada Grain Act — G-10 14
Functions 14 (1) Subject to this Act, the Commission shall, in furtherance of its objects, (a) recommend and establish grain grades and standards for those grades and implement a system of grading and inspection for grain to reflect adequately the quality of that grain and meet the need for efficient marketing in and outside Canada; (b) establish and apply standards and procedures regulating the handling, transportation and storage of grain and the facilities used therefor; (c) conduct investigations and hold hearings on matters within the powers of the Commission; (d) manage, operate and maintain every elevator constructed or acquired by Her Majesty in right of Canada, the administration of which is assigned by the Governor in Council to the Commission; (e) undertake, sponsor and promote research in relation to grain and grain products and, in so doing, (i) may request that a grain dealer or an operator of an elevator provide it with any sample of grain, grain products or screenings in their possession that the Commission specifies, (ii) wherever appropriate, utilize technical, economic and statistical information and advice from any department or agency of the Government of Canada, and (iii) maintain an efficient and adequately equipped laboratory; (e.1) monitor compliance with end-use certificates provided pursuant to section 87.1; and (f) advise the Minister in respect of such matters relating to grain, grain products and screenings as the Minister may refer to the Commission for its consideration. Restriction (2) The Commission shall not, in operating any elevator as a primary elevator pursuant to paragraph (1)(d), purchase grain. Delegation (3) The Commission may, by by-law, authorize any person to exercise or perform on the Commission’s behalf, subject to such restrictions or limitations as the Commission may specify, any of the powers, duties or functions of the Commission under this Act other than the power to make any regulation, order or by-law. R.S., 1985, c. G-10, s. 14; R.S., 1985, c. 37 (4th Supp.), s. 4; 1988, c. 65, s. 124; 2012, c. 31, s. 353 2020, c. 1, s. 62
Canada Grain Act — G-10 15
Report 15 The Commission shall during the month of February in each year submit to the Minister a report, in such form as the Minister may direct, on the activities of the Commission during the crop year immediately preceding and the Minister shall cause the report to be laid before Parliament within fifteen days after the receipt thereof or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting. 1970-71-72, c. 7, s. 14
Canada Grain Act — G-10 15.1
Export certificates 15.1 The Commission may issue any certificate or other document setting out any information that the Commission considers necessary to facilitate the export of any grain. 2020, c. 1, s. 63
Canada Grain Act — G-10 16
Grades may be established by regulation 16 (1) The Commission may, by regulation, establish grades and grade names for any kind of western grain and eastern grain and establish the specifications for those grades and set out a method or methods, visual or otherwise, for determining the characteristics of the grain for the purposes of meeting the quality requirements of purchasers of grain. Coming into force of regulation (2) Unless a regulation made under this section expressly provides otherwise, the provisions of the regulation in relation to western grain shall come into force not earlier than August 1 next following the date the regulation is made and the provisions thereof in relation to eastern grain shall come into force not earlier than July 1 next following the date the regulation is made. Reduction in value to be minimized (3) Any variation in a grade of grain to be made by a regulation under this section shall, where possible and consistent with increasing the acceptance of Canadian grain in export and domestic markets, be made so as to prevent or minimize any reduction in the value of existing grain of the grade to be so varied. R.S., 1985, c. G-10, s. 16; R.S., 1985, c. 37 (4th Supp.), s. 5; 1994, c. 45, s. 5
Canada Grain Act — G-10 17 and 18
17 and 18 [Repealed, R.S., 1985, c. 37 (4th Supp.), s. 5]
Canada Grain Act — G-10 19
Grades for grain that is out of condition, etc. 19 The Commission may, by order, establish (a) grades and grade names for any grain (i) that is out of condition, (ii) that has been specially binned, (iii) that may be marketed on the basis of its specifications rather than a grade established by regulation, or (iv) that, by reason of its intermixture with another material, would not be eligible to have assigned to it a grade established by regulation; and (b) grades and grade names, and specifications for those grades, for any screenings. R.S., 1985, c. G-10, s. 19; R.S., 1985, c. 37 (4th Supp.), s. 6; 1998, c. 22, s. 25(F)
Canada Grain Act — G-10 20
Grain standards committees 20 (1) The Commission shall, by by-law, constitute a western grain standards committee and an eastern grain standards committee, in this Part referred to as the Western Standards Committee and the Eastern Standards Committee, for the purpose of (a) recommending specifications for grades of grain and selecting and recommending primary standard samples and export standard samples of grain; and (b) performing such other duties in connection with the determination of grain standards as may be assigned to each committee by the Commission. Membership of Western Standards Committee (2) The Commission shall, with the approval of the Minister, appoint to the Western Standards Committee (a) a commissioner, a grain inspector and a scientist; (b) [Repealed, 2012, c. 31, s. 354] (c) two persons nominated by the Deputy Minister of Agriculture and Agri-Food; (d) [Repealed, 2011, c. 25, s. 25] (e) two persons selected from among processors of grain; (f) two persons selected from among exporters of grain; (g) twelve actual producers of western grain; and (h) any additional persons not exceeding four in number that the Commission considers advisable. Membership of Eastern Standards Committee (3) The Commission shall, with the approval of the Minister, appoint to the Eastern Standards Committee (a) a commissioner, a grain inspector and a scientist; (b) one person nominated by the Deputy Minister of Agriculture and Agri-Food; (c) four persons selected from among processors and exporters of grain; (d) not more than four persons representative of producers of eastern grain; and (e) such additional persons not exceeding three in number as the Commission deems advisable. Chairman (4) A commissioner shall preside as chairman at each meeting of a grain standards committee. R.S., 1985, c. G-10, s. 20; R.S., 1985, c. 37 (4th Supp.), s. 7; 1994, c. 38, s. 20; 2011, c. 25, s. 25; 2012, c. 31, s. 354
Canada Grain Act — G-10 21
Oath of office 21 (1) Each member of a grain standards committee who is not a commissioner and is not employed in the federal public administration shall, before entering on his duties as a member of the committee, take an oath of office in prescribed form. Term of office (2) The Commission shall, by by-law, establish the terms of office of those members of a grain standards committee who are not employed in the federal public administration. Idem (3) Notwithstanding subsection (2) and subsections 20(2) and (3), no person, except a person employed in the federal public administration, shall serve as a member of a grain standards committee for a period of more than seven consecutive years. Quorum (4) The quorum of a grain standards committee shall be at least half of the number of members in office. R.S., 1985, c. G-10, s. 21; 2003, c. 22, s. 224(E)
Canada Grain Act — G-10 22
Remuneration and expenses 22 Each member of a grain standards committee is entitled to be paid (a) if the member is not employed in the federal public administration, an allowance for the member’s services in an amount to be fixed by by-law of the Commission; and (b) reasonable travel and other expenses while absent from his ordinary place of residence in the course of his duties under this Act. R.S., 1985, c. G-10, s. 22; 1994, c. 45, s. 6; 2003, c. 22, s. 224(E)
Canada Grain Act — G-10 23
Preparation of samples 23 As early as possible in each crop year the Commission shall cause to be collected representative samples of the crop of western grain and the crop of eastern grain of that crop year and, from those samples and from such other samples of the stocks of grain from any previous crop year as the Commission considers to be representative of the existing stock of any grain, cause to be prepared representative samples of (a) each grade of grain established by regulation that the Western Standards Committee or the Eastern Standards Committee considers advisable; (b) any other grade of western grain or eastern grain for which, in the opinion of the Commission, it would be appropriate to designate primary standard samples or export standard samples or both; and (c) any grain in respect of which the Commission wishes to obtain a recommendation pursuant to paragraphs 24(2)(b) and (c). R.S., 1985, c. G-10, s. 23; R.S., 1985, c. 37 (4th Supp.), s. 8
Canada Grain Act — G-10 24
Meetings to be convened 24 (1) When representative samples of grain have been prepared pursuant to section 23 and such reports on the milling, baking and other qualities of the samples as the Commission deems necessary have been obtained, the Commission shall convene a meeting of each grain standards committee. Duties of grain standards committees (2) A grain standards committee shall examine the samples of grain supplied to the committee by the Commission and (a) select and recommend to the Commission samples of each grade of grain for which a representative sample was prepared pursuant to paragraph 23(a) that in the opinion of such committee represent as accurately as possible the minimum of that grade; (b) recommend to the Commission names and specifications for other grades of grain that, in the opinion of the committee, should be established for the current crop year; and (c) select and recommend to the Commission samples of each grade of grain recommended pursuant to paragraph (b) that, in the opinion of the committee, represent as accurately as possible the minimum of that grade. Definition of grain standards committee (3) In subsection (2), grain standards committee , (a) in the case of western grain, means the Western Standards Committee; and (b) in the case of eastern grain, means the Eastern Standards Committee. Recommendation of export standard samples (4) The Western Standards Committee shall, in respect of (a) each grade of western red spring wheat and western amber durum wheat that, in the opinion of the Commission, is likely to be sold for export, and (b) any other grade of western grain that the Commission refers to it for consideration, examine the samples of grain of that grade supplied to the Committee by the Commission and select and recommend to the Commission samples of the grade that, in the opinion of the Committee, represent as accurately as possible the average of grain of that grade received at any or all elevators at any or all inspection points. R.S., 1985, c. G-10, s. 24; R.S., 1985, c. 37 (4th Supp.), s. 9
Canada Grain Act — G-10 25
Delegation of duties 25 A grain standards committee may (a) delegate to a subcommittee of its members, which shall include an inspector, any function assigned to the committee by paragraph 24(2)(b) or (c); and (b) if a sample of any grade of grain is not available in a crop year, or if the committee is of the opinion that the quality of a grade of grain has not varied significantly from the immediately preceding crop year, recommend to the Commission a sample approved by the Commission for that grade in a previous crop year. R.S., 1985, c. G-10, s. 25; R.S., 1985, c. 37 (4th Supp.), s. 10
Canada Grain Act — G-10 26
Designation of primary standard samples and export standard samples 26 The Commission shall, for each crop year, (a) on considering the recommendations of a grain standards committee made pursuant to subsection 24(2), designate primary standard samples of each grade of grain for which a representative sample was prepared pursuant to paragraph 23(a) and of such other grades of grain as the Commission considers advisable; and (b) on considering the recommendations of the Western Standards Committee made pursuant to subsection 24(4), designate export standard samples of each grade of western grain for which a representative sample was prepared pursuant to paragraph 23(a) and of such other grades of western grain as the Commission considers advisable. R.S., 1985, c. G-10, s. 26; R.S., 1985, c. 37 (4th Supp.), s. 11