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Canada Grain Act

Version of section 116 from 2014-05-29 to 2020-06-30:

Marginal note:Regulations

  •  (1) The Commission may, with the approval of the Governor in Council, make regulations

    • (a) designating any seed as a grain for the purposes of this Act;

    • (b) prohibiting for any period of time or regulating the delivery of grain to elevators, the discharge of grain from elevators, the handling and treating of grain in elevators and the shipping of grain to or from elevators for the purpose of ensuring the orderly movement of grain;

    • (b.1) governing the handling and treatment of grain in elevators;

    • (c) prescribing, in respect of samples of grain, the circumstances and manner in which they may be taken;

    • (d) specifying the procedure to be followed by the parties to any contract for special binning for the purpose of ensuring the preservation of the identity of specially binned grain;

    • (e) prescribing the returns to be made for dockage;

    • (e.1) determining what constitutes a hazardous substance and governing the use, handling and storage of hazardous substances by licensed elevator operators;

    • (f) fixing the maximum shrinkage allowance that may be made on the delivery of grain to an elevator;

    • (g) governing the sale of grain by sample;

    • (h) respecting the receipt, inspection, handling and storage at elevators of foreign grain and prescribing the period of time that foreign grain may remain in storage at any elevator;

    • (i) prescribing the procedure to be followed on appeals as to grades of grain;

    • (j) specifying the information required to be furnished by applicants for licences, including information relating to the applicant’s finan- cial situation, and the conditions on which licences may be issued;

    • (k) respecting the security to be obtained, by way of bond, suretyship, insurance or otherwise, for the purposes of subsection 45.1(1);

    • (k.1) specify the person or class of persons who may realize on or enforce security obtained by a licensee;

    • (k.2) specify conditions related to realizing on or enforcing security obtained by a licensee;

    • (k.3) exempt a licensee from the requirement to obtain security;

    • (l) prescribing any records to be kept by a licensee, the reports to be made by a licensee, the system of transmission or communication of those reports and the times the reports are to be made;

    • (m) fixing, or prescribing the manner for determining, the maximum charges for services to be made by licensees under this Act and prescribing the manner in which those charges are to be published;

    • (n) prescribing the form of cash purchase tickets and elevator receipts and prescribing other forms to be used pursuant to this Act and the manner in which those forms are to be used, transmitted and related to each other;

    • (o) prescribing the use of any system of keeping and issuing cash purchase tickets and elevator receipts;

    • (p) requiring licensees to submit to the Commission such information relating to the conduct and management of their affairs as the regulations may specify;

    • (q) respecting the circumstances and manner in which inspection certificates are to be cancelled;

    • (r) fixing, or prescribing the manner for determining, the fees for any service performed by or on behalf of the Commission and the fees for any licence issued by the Commission and prescribing the time and manner of payment of those fees;

    • (s) specifying the standards to be complied with in the construction, alteration and maintenance of any elevator and the installation and maintenance of any equipment therein;

    • (s.1) governing the disposal of contaminated grain;

    • (s.2) respecting provisions to be included in specified classes of contracts relating to grain, including provisions respecting compensation or penalties for breaches of those provisions;

    • (s.3) respecting arbitration for the purposes of section 92.1, including rules of procedure, eligibility requirements for requests for arbitration, the qualifications required of third parties to act as arbitrators, the rules of confidentiality and the reporting of decisions;

    • (t) prescribing any matter that under this Act is to be prescribed; and

    • (u) generally for carrying into effect the purposes and provisions of this Act.

  • Marginal note:Forms and systems other than prescribed

    (2) The Commission may, in writing, permit a licensee to use any form or any system of keeping or issuing cash purchase tickets, elevator receipts or any other document designated by the Commission in addition to or in place of a prescribed form or system.

  • Marginal note:Storage premises

    (3) The Commission may, by regulation made with the approval of the Governor in Council, establish a list of premises in the Eastern Division used either in whole or in part for the storage of grain.

  • R.S., 1985, c. G-10, s. 116
  • R.S., 1985, c. 37 (4th Supp.), s. 29
  • 1994, c. 45, s. 33
  • 1998, c. 22, s. 24
  • 2001, c. 4, s. 89(E)
  • 2012, c. 31, s. 388
  • 2014, c. 8, s. 5

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