GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Grain Act — G-10 58
Grain out of condition 58 Except as required by order of the Commission, no operator of a licensed elevator is required to receive into the elevator any grain that has gone or is likely to go out of condition. 1970-71-72, c. 7, s. 46
Canada Grain Act — G-10 58.1
Seeds Act and Pest Control Products Act 58.1 No operator of a licensed elevator is required to receive into the elevator any grain that (a) 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; or (b) has in it, on it or has had applied to it a pest control product that is not registered under the Pest Control Products Act or any component or derivative of such a product. 2020, c. 1, s. 65
Canada Grain Act — G-10 59
Operator to exercise care and diligence 59 The operator of a licensed elevator shall exercise reasonable care and diligence to prevent any grain in the elevator from suffering damage or from deteriorating or going out of condition. 1970-71-72, c. 7, s. 47
Canada Grain Act — G-10 60
Receipt of grain 60 Subject to section 58 and any order made under section 118, the operator of every licensed primary elevator shall, at all reasonable hours on each day on which the elevator is open, without discrimination and in the order in which grain arrives and is lawfully offered at the elevator, receive into the elevator all grain so lawfully offered for which there is, in the elevator, available storage accommodation of the type required by the person by whom the grain is offered. R.S., 1985, c. G-10, s. 60; 1998, c. 22, s. 25(F)
Canada Grain Act — G-10 61
Procedure on receipt of grain 61 (1) Subject to subsection (2), if grain is lawfully offered at a licensed primary elevator for sale or storage, other than for special binning, the operator of the elevator shall, at the prescribed time and in the prescribed manner, issue a cash purchase ticket or elevator receipt stating the grade name, grade and dockage of the grain, and immediately provide it to the producer. Dispute (2) If the producer and the operator of the elevator do not agree as to the grade of the grain, the dockage or a prescribed grain quality characteristic, the operator shall (a) take a sample of the grain in the prescribed manner; (b) deal with the sample in the prescribed manner; and (c) issue an interim elevator receipt in the prescribed form. Commission’s report (3) On receipt of a report from the Commission that assigns a grade in respect of the sample and that determines the dockage and each disputed grain quality characteristic, the operator of the elevator shall issue, at the prescribed time and in the prescribed manner, a cash purchase ticket or elevator receipt stating the grade name of the grain, the grade assigned in respect of the sample, the dockage so determined and each grain quality characteristic so determined, and immediately provide it to the producer. R.S., 1985, c. G-10, s. 61; 1994, c. 45, s. 16 2020, c. 1, s. 66
Canada Grain Act — G-10 62
Receipts for specially binned grain 62 (1) Where 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 shall specially bin the grain offered and issue an elevator receipt in prescribed form indicating special binning. Samples of grain to be specially binned (2) On the receipt at a licensed primary elevator of grain to be specially binned, the operator of the elevator shall, in the manner prescribed, take a sample of the grain and deal with the sample. Disputes (3) Where a dispute arises between the holder of an elevator receipt indicating special binning and the operator of a licensed primary elevator in relation to the special binning, the Commission may, after affording any interested person a full and ample opportunity to be heard, examine the sample of the grain taken pursuant to subsection (2) and, if it determines that the identity of the grain has not been preserved in the elevator, make such order for payment or for the delivery of grain or both as it deems just. Restriction (4) No order shall be made under subsection (3) unless written notice of the dispute has been received by the Commission within 30 days after the delivery of the grain that is the subject of the dispute to a terminal elevator or process elevator. R.S., 1985, c. G-10, s. 62; 1998, c. 22, s. 25(F); 2012, c. 31, s. 366
Canada Grain Act — G-10 63
Requested treatment of grain 63 Where (a) a person lawfully offers grain for storage at a licensed primary elevator equipped to treat the grain in a particular manner and requests that the grain be treated in that manner before the type of storage or the grade of the grain or both are determined, and (b) the operator of the elevator agrees to receive the grain or is required by this Act or an order of the Commission to receive the grain, the operator shall, in such manner as may be prescribed, weigh, handle and treat the grain as requested and shall issue an elevator receipt for the grain. R.S., 1985, c. G-10, s. 63; 1998, c. 22, s. 25(F)
Canada Grain Act — G-10 64
Verification of weight 64 The operator of a primary elevator shall afford to any person who delivers grain to the elevator full facilities to verify the correct weight of the grain while the grain is being weighed. 1970-71-72, c. 7, s. 52
Canada Grain Act — G-10 65
Compulsory removal of grain 65 (1) Subject to subsection (2), the operator of a licensed primary elevator may, on at least ten 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. Restriction applicable to specially binned grain (2) Except with the written permission of the Commission, no operator of a licensed primary elevator shall, pursuant to subsection (1), require the holder of an elevator receipt for specially binned grain to take delivery of the grain. Failure to take delivery (3) Where the holder of an elevator receipt issued by the operator of a licensed primary elevator fails to take delivery of the grain referred to in a notice given pursuant to subsection (1) within a period for taking delivery set out in the notice, whether or not the notice has been brought to the attention of the holder, and the holder or a subsequent holder later requests delivery of the grain referred to in the receipt, the operator of the elevator may, at the option of the operator, on surrender of the elevator receipt and payment of all charges accruing under this Act to the day on which the receipt is surrendered, (a) deliver grain pursuant to the surrendered receipt; (b) pay to the holder of the surrendered receipt the market price, on the day that the receipt is surrendered, for grain of the same kind, grade and quantity as the grain referred to in the receipt; or (c) deliver to the holder of the surrendered receipt an elevator receipt issued by the operator of a licensed terminal elevator for grain of the same kind, grade and quantity as the grain referred to in the surrendered receipt. Warning (4) Each elevator receipt issued by the operator of a licensed primary elevator shall bear the following warning: “WARNING: The right of the holder of this receipt to obtain delivery of the grain described in the receipt may be altered by the issuer by notice to the last holder known to the issuer. Every holder of a receipt should immediately notify the issuer of their name and address. AVERTISSEMENT : L’exploitant qui a délivré le récépissé peut, par avis au dernier détenteur connu, modifier le droit de celui-ci d’obtenir livraison du grain faisant l’objet du récépissé. Les nouveaux détenteurs doivent lui communiquer sans délai leurs nom et adresse. ” R.S., 1985, c. G-10, s. 65; 1994, c. 45, s. 17; 2012, c. 31, s. 367
Canada Grain Act — G-10
“WARNING: The right of the holder of this receipt to obtain delivery of the grain described in the receipt may be altered by the issuer by notice to the last holder known to the issuer. Every holder of a receipt should immediately notify the issuer of their name and address.
Canada Grain Act — G-10
AVERTISSEMENT : L’exploitant qui a délivré le récépissé peut, par avis au dernier détenteur connu, modifier le droit de celui-ci d’obtenir livraison du grain faisant l’objet du récépissé. Les nouveaux détenteurs doivent lui communiquer sans délai leurs nom et adresse. ”
Canada Grain Act — G-10 66
Waiver 66 (1) The holder of an elevator receipt issued by the operator of a licensed primary elevator may, in writing in prescribed form on the receipt, waive the right to demand the delivery from the elevator of the grain referred to in the receipt. Subsequent holders (2) The rights of subsequent holders of an elevator receipt referred to in subsection (1) are subject to a waiver given pursuant to that subsection. 1970-71-72, c. 7, s. 54
Canada Grain Act — G-10 67
Discharge of grain from primary elevator 67 (1) Subject to section 86, the operator of a licensed primary 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 is entitled to the delivery of grain referred to in that receipt (a) may lawfully deliver the grain to a terminal elevator or process elevator or to a consignee at a destination other than an elevator; and (b) has caused to be placed at the elevator, to transport the grain, a railway car or other conveyance that is capable of receiving grain discharged out of the elevator and to which the grain may lawfully be delivered. Movement of grain forward (2) Forthwith on the loading of a conveyance at a licensed primary elevator pursuant to subsection (1), the operator of the elevator shall, if so requested by the holder of the elevator receipt for the grain so loaded, (a) cause the conveyance to be billed to such elevator or consignee as the holder may have lawfully directed; and (b) on surrender of the elevator receipt and payment of the charges accrued under this Act in respect of the grain, deliver the receipt of the consignee or such other receipt as may be prescribed to the person who surrendered the elevator receipt. R.S., 1985, c. G-10, s. 67; 2012, c. 31, s. 368
Canada Grain Act — G-10 68
Purchase of elevator receipt by operator 68 Where an operator of a licensed primary elevator who has issued an elevator receipt for grain purchases the receipt, the operator shall issue to the holder of the receipt, on the surrender of the receipt, a cash purchase ticket for the purchase price. 1970-71-72, c. 7, s. 56
Canada Grain Act — G-10 69
Receipt of grain 69 (1) Subject to section 58 and any order made under subsection (2) or section 118, an operator of a licensed terminal elevator shall, at all reasonable hours on each day on which the elevator is open, without discrimination and in the order in which grain arrives, receive into the elevator all grain that is lawfully offered at the elevator, for which there is available storage accommodation of the type required by the person who offered the grain. Orders respecting receipt of grain (2) The Commission may, by order, on any conditions that it may specify, authorize or require the operator of a licensed terminal elevator to receive grain that is lawfully offered for storage or transfer at the elevator otherwise than as required by subsection (1). R.S., 1985, c. G-10, s. 69; 1998, c. 22, s. 25(F); 2012, c. 31, s. 369
Canada Grain Act — G-10 69.1
Weighing on receipt of grain 69.1 (1) Subject to subsection (2), and unless exempted by regulation or by order of the Commission, an operator of a licensed terminal elevator shall weigh grain received into the elevator in a manner authorized by the Commission. Weighing by third party (2) Unless exempted by regulation or by order of the Commission, an operator shall cause the grain to be weighed by a third party authorized by the Commission and chosen by the operator, if the person who caused the grain to be delivered so requests. Weighing in manner authorized by Commission (3) The third party shall weigh the grain in a manner authorized by the Commission. Access (4) The operator shall provide the third party with access to the operator’s premises to permit the third party to weigh the grain. 2012, c. 31, s. 369
Canada Grain Act — G-10 69.2
Failure to weigh 69.2 If an operator of a licensed terminal elevator does not comply with subsection 69.1(1) or (2), the person who caused the grain to be delivered may, for the purpose of settling any transaction between that person and the operator in relation to the grain, rely on any record or document that states the weight of that grain before he or she caused it to be delivered. 2012, c. 31, s. 369
Canada Grain Act — G-10 70
Inspection by operator 70 (1) Subject to subsection (2), and unless exempted by regulation or by order of the Commission, an operator of a licensed terminal elevator shall inspect the grain received into the elevator in a manner authorized by the Commission. Inspection by third party (2) Unless exempted by regulation or by order of the Commission, the operator shall cause the grain to be inspected by a third party authorized by the Commission and chosen by the operator, if the person who caused the grain to be delivered so requests. Third party authorized (3) The third party shall inspect the grain in a manner authorized by the Commission. Access (4) The operator shall provide the third party with access to the operator’s premises to permit the third party to inspect the grain. Disagreement — application for reinspection (5) If there is any disagreement following an inspection under this section between the operator and the person who caused the grain to be delivered as to the grain’s grade or the dockage, either of them may, in the prescribed manner and within the prescribed time, apply to the chief grain inspector for Canada for a reinspection of the grain. If an application is made, the operator shall forward all samples of grain taken as part of the inspection, or a prescribed portion of them, to the chief grain inspector for Canada within the prescribed time. Reinspection (6) The chief grain inspector for Canada shall examine the samples of grain, or the portion of them, assign a grade to the grain and determine the dockage. The chief grain inspector for Canada shall provide the operator and the person who caused the grain to be delivered with a copy of his or her decision with respect to the grade and dockage. Document revised if grade changed (7) If the grade assigned to the grain is different from the grade previously assigned to it, the chief grain inspector for Canada shall require all inspection certificates, and all other documents specified by the Commission, relating to the grain to be revised accordingly. Application to entire parcel of grain (8) The decision of the chief grain inspector for Canada applies to the entire parcel of grain to which the samples relate. Determination final (9) 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 (10) The chief grain inspector for Canada may delegate all or part of the duties and functions conferred on him or her under this section. R.S., 1985, c. G-10, s. 70; 2012, c. 31, s. 369
Canada Grain Act — G-10 70.1
Failure to inspect 70.1 (1) If an operator of a licensed terminal elevator does not comply with subsection 70(1) or (2), the person who caused the grain to be delivered, may apply in writing to the Commission for an order referred to in subsection (4). Samples (2) The applicant shall sample the grain in the prescribed manner and include all prescribed samples with his or her application. Period for making application (3) The application shall be made to the Commission within 15 days after the day on which the grain is received in the elevator. Commission’s order (4) The Commission may, by order, (a) for the purpose of settling any transaction between the applicant and the operator in relation to the grain, declare the grain to be of the highest grade for grain of the kind and class that was delivered; or (b) require that the operator deliver, at his or her own cost, to the applicant grain that has the equivalent characteristics as the grain of the kind and class that was delivered and is of the highest grade for that grain in the same quantity as was delivered. Determination of kind and class (5) The order must include the Commission’s determination, based on the samples provided with the application, of the kind and class of the grain delivered and its determination of the characteristics of the grain that the applicant requests and that the Commission considers necessary. Copy of order (6) A copy of the order shall be forwarded in accordance with any rules made under subsection 99(2) to each person affected by the order and to any other person that may be specified in those rules. 2012, c. 31, s. 369
Canada Grain Act — G-10 70.2
Inspection — required by regulation or order 70.2 (1) If required by regulation or by order of the Commission, an operator of a licensed terminal elevator shall cause grain received into the elevator to be weighed or inspected by a third party in the manner specified in the regulation or order or cause it to be officially weighed or officially inspected, or any combination of those weighings and inspections. Third party (2) The third party is authorized by the Commission and chosen by the operator. 2012, c. 31, s. 369
Canada Grain Act — G-10 70.3
Official weighing and inspecting before discharge 70.3 (1) Unless exempted by regulation or by order of the Commission, an operator of a licensed terminal elevator shall cause the grain in the elevator — other than grain that is destined for another licensed elevator — to be officially weighed and officially inspected immediately before or during its discharge from the elevator. Weighing and inspecting before discharge (2) Unless exempted by regulation or by order of the Commission, an operator of a licensed terminal elevator shall weigh and inspect, in the manner authorized by the Commission, grain in the elevator that is destined for another licensed elevator immediately before or during its discharge from the elevator. Weighing and inspecting by third party (3) Unless exempted by regulation or by order of the Commission, the operator of the licensed terminal elevator discharging the grain shall cause it to be weighed or inspected, or both, by a third party authorized by the Commission and chosen by the operator if the operator of the licensed elevator destined to receive the grain so requests. Third party authorized (4) The third party shall weigh or inspect the grain, or do both, as the case may be, in a manner authorized by the Commission. Access (5) The operator of the licensed terminal elevator discharging the grain shall provide the third party with access to the operator’s premises to permit the third party to weigh or inspect the grain, or do both, as the case may be. 2012, c. 31, s. 369
Canada Grain Act — G-10 70.4
Accept or refuse to receive grain 70.4 (1) If an operator of a licensed terminal elevator discharging grain does not comply with subsection 70.3(2) or (3), the operator of the licensed elevator destined to receive the grain may refuse to receive the grain. Grain received (2) If the operator of the licensed elevator destined to receive the grain agrees to receive it, the operator shall weigh the grain, sample it in the prescribed manner and forward all samples to the Commission. Decision (3) The Commission shall examine the samples, assign a grade to the grain and determine the dockage. The Commission shall provide the operator of the licensed terminal elevator discharging the grain and the operator of the licensed elevator that agreed to receive that grain with a copy of its decision with respect to the grade and dockage. Application to entire parcel of grain (4) The Commission’s decision with respect to the grade and dockage applies to the entire parcel of grain to which the samples relate. 2012, c. 31, s. 369
Canada Grain Act — G-10 70.5
Period for retaining samples 70.5 An operator of a licensed terminal elevator shall retain for the prescribed period any sample of grain taken as part of an inspection under subsection 70(1) or (2) or section 70.2 or 70.3. 2012, c. 31, s. 369
Canada Grain Act — G-10 70.6
Dockage removed 70.6 Except as may be authorized or required by regulation or by order of the Commission, an operator of a licensed terminal elevator shall remove from the grain received into the elevator the dockage that is required to be removed by the inspection certificate. 2012, c. 31, s. 369
Canada Grain Act — G-10 71
Elevator receipt 71 (1) On receipt of grain into a licensed terminal elevator, the operator of the elevator shall, if the grain has been weighed under subsection 69.1(1) or (2), or inspected under subsection 70(1) or (2) or weighed or inspected — officially or otherwise — under section 70.2, (a) immediately issue an elevator receipt for the grain and any screenings that he or she is required to report; and (b) on surrender of the bill of lading relating to the grain, together with evidence of the payment of the charges accrued on the grain before its receipt into the elevator, deliver the elevator receipt to or on the order of the holder of the bill of lading. Receipt for grain containing excessive moisture or intermixed with other material (2) Despite any provision of this Act relating to the delivery of grain of the same kind, grade and quantity as that referred to in an elevator receipt, if the operator of a licensed terminal elevator issues an elevator receipt for grain to which any grade would be assignable but for its excessive moisture or intermixture with another material removable by treatment, that operator, on the drying or treatment of the grain, as the case may be, shall recall the receipt, assign the grain a grade and issue a new elevator receipt for grain of that grade that is adjusted to the grain’s dried quantity or quantity remaining after the treatment. Warning (3) The elevator receipt issued for grain referred to in subsection (2) on the receipt of the grain into a licensed terminal elevator shall state that the receipt is subject to recall and adjustment. Grain owned by licensee (4) If the operator of a licensed terminal elevator becomes the owner of grain removed from screenings in that elevator, the operator may, with the Commission’s permission, issue an elevator receipt in his or her own name for the grain. R.S., 1985, c. G-10, s. 71; 2012, c. 31, s. 369
Canada Grain Act — G-10 72
Specially binning grain restricted 72 The operator of a licensed terminal elevator shall not specially bin any grain except as may be authorized by regulation and in the prescribed manner. R.S., 1985, c. G-10, s. 72; 1998, c. 22, s. 25(F); 2005, c. 24, s. 2; 2012, c. 31, s. 370
Canada Grain Act — G-10 73
Priority of claims 73 Subject to subsection 77(3), the holder of an elevator receipt issued in respect of grain in a licensed terminal elevator is entitled, in priority to all other claims affecting the grain, to the grain referred to in the receipt or to grain in the elevator of the same kind, grade and quantity as the grain referred to in the receipt. R.S., 1985, c. G-10, s. 73; 1994, c. 45, s. 19; 2012, c. 31, s. 371