23. Subject to section 30, in this Part, “grain” means grain produced in the designated area and “producer” means a producer in respect of that grain.

R.S., c. C-12, s. 16.

24. (1) Notwithstanding anything in the Canada Grain Act, except with the permission of the Corporation, no person shall deliver grain to an elevator, and no manager or operator thereof shall receive delivery of grain unless

(a) the person delivering the grain is the actual producer of, or is entitled as a producer to, the grain;

(b) at the time of delivery the person delivering the grain produces to the manager or operator a permit book under which that person is entitled to deliver the grain in the crop year in which delivery is made;

(c) the grain was produced in the crop year in which delivery is made on the lands described in the permit book or in any other crop year on any lands whatever;

(d) the grain is delivered at the delivery point named in the permit book; and

(e) the quantity of grain delivered, whether delivered for storage or sold, together with all grain of the same kind or grade previously delivered under the permit book during the crop year in which delivery is made, does not exceed the quota established by the Corporation for that delivery point for grain of the kind or grade delivered at the time it is delivered.

(2) Where grain is delivered by a producer to an elevator, the manager or operator thereof shall, immediately on completion of the delivery of the grain, truly and correctly record and enter the net weight in tonnes, after dockage, of the grain so delivered in the permit book under which delivery is made and shall initial the entry in the permit book.

(3) The Corporation may, by order, exempt deliveries of grain to an elevator from the requirements of any of paragraphs (1)(a), (c) and (e), but only to the extent that the elevator is owned or leased by a producer.

R.S., 1985, c. C-24, s. 24; R.S., 1985, c. 38 (4th Supp.), s. 6; 1998, c. 17, ss. 12, 28(E).

25. (1) Notwithstanding anything in the Canada Grain Act, except with the permission of the Corporation, no person shall deliver to a railway car grain that has not previously been delivered to an elevator under a permit book in accordance with subsection 24(1) unless

(a) the person delivering the grain is the actual producer of, or is entitled as a producer to, the grain;

(b) at the time of delivery the person delivering the grain has been issued, and is in possession of, a permit book under which that person is entitled to deliver the grain in the crop year in which delivery is made;

(c) the grain was produced in the crop year in which delivery is made on the lands described in the permit book or in any other crop year on any lands whatever;

(d) the grain is delivered at the delivery point named in the permit book; and

(e) the quantity of grain delivered, together with all grain of the same kind or grade previously delivered under the permit book during the crop year in which delivery is made, does not exceed the quota established by the Corporation for that delivery point for grain of the kind or grade delivered at the time it is delivered.

(2) Where grain is delivered at any one time by a producer to one or more railway cars under a permit book and the producer has arranged or is arranging for delivery and sale of the grain and for payment in respect thereof on his own behalf, the producer shall truly and correctly record, enter and initial in the permit book

(a) immediately on completion of the delivery, the gross weight in tonnes of the capacity of each railway car, the serial number of each railway car and the date on which the delivery to each railway car is completed; and

(b) immediately on learning of the net weight in tonnes, after dockage, of the grain delivered to each railway car, that net weight and the date on which the unloading of each railway car is completed.

(3) Where grain is delivered at any one time by a producer to one or more railway cars under a permit book and the producer has arranged or is arranging with another person for delivery and sale of the grain and for payment in respect thereof, the producer shall, immediately on completion of the delivery and before making any other delivery of grain to an elevator or railway car, send the permit book to that other person, who shall truly and correctly record, enter and initial in the permit book

(a) immediately on receiving the permit book, the information referred to in paragraph (2)(a); and

(b) immediately on learning of the net weight in tonnes, after dockage, of the grain delivered to each railway car and before making any payment to the producer in respect of the grain, the information referred to in paragraph (2)(b).

(4) Where grain is delivered by more than one producer to a railway car, subsections (1) to (3) apply in respect of the grain delivered by each producer.

R.S., 1985, c. C-24, s. 25; R.S., 1985, c. 38 (4th Supp.), s. 7; 1998, c. 17, s. 28(E).

25.1 Paragraphs 24(1)(c), (d) and (e) and 25(1)(c), (d) and (e) do not apply to deliveries made under a contract under section 39.1.

1998, c. 17, s. 13.

26. (1) Subject to this Act, a producer may require the Corporation to issue a permit book authorizing delivery of grain produced on the land comprising the farm of the producer.

(2) The actual producer of grain on any land has the prior right to possession of the permit book in which the land is described but shall make the permit book available to any other producer entitled to deliver grain thereunder on the request of that producer.

(3) Not more than one permit book shall be issued in respect of land comprising any farm or group of farms operated as a unit.

(4) No permit book shall be issued to any person other than a producer.

(5) Any producer who delivers grain under a permit book shall produce the permit book on demand to any representative of the Corporation.

R.S., 1985, c. C-24, s. 26; 1998, c. 17, ss. 14, 28(E).

27. (1) Subject to subsection (2), where two or more producers are entitled to grain produced on any farm in any crop year, none of those producers may deliver in that crop year under the permit book for the farm a proportion of the quota of grain that may be delivered thereunder greater than the proportion that that producer’s share of the grain is of the whole amount thereof.

(2) Where a producer is a mortgagor or a purchaser under an agreement for sale of lands comprising a farm and controls the farming operations on that farm, the producer is entitled to deliver out of his share of the grain produced on the farm, in priority to any other producer in respect of the farm, such amount of grain as may be prescribed by order of the Corporation.

R.S., 1985, c. C-24, s. 27; 1998, c. 17, ss. 28(E), 29(F).

28. The Corporation may, notwithstanding anything in the Canada Grain Act, but subject to directions, if any, contained in any order of the Governor in Council, by order,

(a) prescribe the forms of and manner of completing applications for permit books, permit books and such other forms as may be necessary for the administration of this Act;

(b) prescribe the manner in which applications for permit books shall be made and permit books shall be issued;

(c) prescribe the manner in which deliveries of grain under a permit book shall be recorded in the permit book or any other entry may be made in the permit book;

(d) prescribe a place on a railway as the delivery point at which grain may be delivered under a permit book;

(e) determine whether, for the purposes of this Act, two or more farms are operated as a unit;

(f) fix, from time to time, quotas of each kind of grain, or any grade or quality thereof, that may be delivered by producers to elevators or railway cars, within any period or periods, either generally or in specified areas or at specified delivery points or otherwise;

(g) notwithstanding anything in this Part, prohibit the delivery into or receipt by an elevator of any kind of grain, or any grade or quality thereof, either generally or otherwise;

(h) exclude any kind of grain, or any grade or quality thereof, from the provisions of this Part, in whole or in part, either generally or for any specified period or otherwise;

(h.1) exempt any elevator from the provisions of this Part, in whole or in part, either generally or for a specified period or otherwise;

(i) require any kind of grain, or any grade or quality thereof, in any elevator to be delivered into railway cars or lake vessels;

(j) prohibit the delivery of any kind of grain, or of any grade or quality thereof, out of any elevator into railway cars or lake vessels;

(k) provide for the allocation of railway cars available for the shipment of grain at any delivery point to any elevator, loading platform or person at the delivery point; and

(l) require any person engaged in the business of delivering, receiving, storing, transporting or handling grain to make returns to the Corporation of information relating thereto or of any facilities therefor, owned, possessed or controlled by that person.

R.S., 1985, c. C-24, s. 28; 1998, c. 17, ss. 15, 28(E), 29(F).

29. (1) The Governor in Council may empower the Corporation to make inquiries and investigations to ascertain the availability of delivery and transportation facilities, supplies of grain and all matters connected with the interprovincial or export marketing of grain, and for that purpose empower the Corporation and the directors to exercise the powers of commissioners under Part I of the Inquiries Act.

(2) The Governor in Council may, by regulation, provide that persons other than producers who have become entitled to grain may, notwithstanding anything contained in this Part, deliver grain to an elevator or railway car and the terms and conditions on which the grain may be so delivered.

R.S., 1985, c. C-24, s. 29; 1998, c. 17, s. 16.

30. The Governor in Council may, by regulation, apply this Part to grain produced in any area in Canada outside the designated area specified in the regulation and to producers in respect of that grain, and thereafter, until the regulation is revoked, “grain” in this Part means grain produced in the designated area and in the area so specified in the regulation and “producer” means a producer in respect of that grain.

R.S., c. C-12, s. 23.

31. Subject to section 40, in this Part, “pool period” means any period or periods, not exceeding one year in the aggregate, that the Corporation may order as a pool period in respect of wheat.

R.S., 1985, c. C-24, s. 31; 1998, c. 17, s. 17.

32. (1) The Corporation shall undertake the marketing of wheat produced in the designated area in interprovincial and export trade and for that purpose shall

(a) buy all wheat produced in the designated area and offered by a producer for sale and delivery to the Corporation at an elevator, in a railway car or at any other place in accordance with this Act and the regulations and orders of the Corporation;

(b) pay to producers selling and delivering wheat produced in the designated area to the Corporation, at the time of delivery or at any time thereafter as may be agreed on, a sum certain per tonne basis in storage at a pooling point to be fixed from time to time

(i) by regulation of the Governor in Council in respect of wheat of a base grade to be prescribed in those regulations, and

(ii) by the Corporation, with the approval of the Governor in Council, in respect of each other grade of wheat;

(b.1) deduct from the sum certain referred to in paragraph (b) the amount per tonne determined under subsection (2.1) for the delivery point of the wheat to the Corporation;

(c) if, under paragraph (b), the sum certain payable to producers in respect of wheat of any grade is increased during a pool period, pay to the holder of a certificate that is referred to in paragraph (d) the amount of the increase in respect of each tonne of wheat of that grade produced in the designated area and sold and delivered to the Corporation during the pool period before the day on which the increase becomes effective; and

(d) issue to a producer, who sells and delivers wheat produced in the designated area to the Corporation, a certificate indicating the number of tonnes purchased and delivered and the grade of the wheat, which certificate entitles the holder to share in the equitable distribution of the surplus, if any, arising from the operations of the Corporation with regard to the wheat produced in the designated area sold and delivered to the Corporation during the same pool period.

(2) Each sum certain fixed by the Corporation pursuant to paragraph (1)(b) in respect of a grade of wheat other than a base grade shall be an amount that brings the sum certain for that grade into proper price relationship with the sum certain for the base grade.

(2.1) For the purpose of paragraph (1)(b.1), the Corporation shall, with the approval of the Governor in Council, establish for each delivery point within the designated area an amount that, in the opinion of the Corporation, fairly represents the difference in the cost of transporting wheat from that point as compared to other delivery points.

(3) The Corporation may, by order, set for any pool period, and pay to each producer, under the conditions set by the Corporation, a sum per tonne on account of storage of wheat on the producer’s farm, interest costs and other delivery-related amounts. Payment shall be made from the account maintained by the Corporation for the pool period during which the wheat was delivered.

(4) On application made to the Corporation by a producer before August 31 in any crop year, the Corporation may, in accordance with such conditions as may be specified in the regulations, issue to the producer a deferred delivery permit to deliver wheat that the producer was authorized but unable to deliver under his permit book during the immediately preceding crop year.

(5) Wheat delivered and sold in a crop year under a deferred delivery permit issued pursuant to subsection (4) may, at the option of the producer,

(a) be recorded as a delivery and sale by the producer in that crop year; or

(b) be deemed for all purposes to have been delivered and sold during the immediately preceding crop year.

R.S., 1985, c. C-24, s. 32; 1995, c. 31, s. 2; 1998, c. 17, ss. 18, 28(E).

33. (1) As soon as the Corporation receives payment in full for all wheat sold and delivered to it during a pool period and all credit sales of the wheat in respect of which payment is guaranteed under section 19 have been concluded, there shall be deducted, from the aggregate of the total amount so received, the principal so guaranteed and any interest that accrues during that pool period in respect of sales of wheat on credit concluded during any pool period, all moneys disbursed by or on behalf of the Corporation

(a) by way of payment in respect of that wheat and by way of expenses incurred in connection with the operations of the Corporation attributable to that wheat, including

(i) the remuneration and allowances of the officers, clerks and employees of the Corporation,

(i.1) the remuneration and expenses of the directors of the Corporation,

(i.2) the costs of an election of directors of the Corporation in accordance with sections 3.06 to 3.08,

(ii) the necessary travel, living and other expenses incurred in the discharge of duties under this Act by the persons referred to in subparagraph (i), and

(iii) [Repealed, 1998, c. 17, s. 19]

(iv) the estimated expenses of distribution of the balance mentioned in subsection (2), as estimated by the Corporation; and

(b) by way of expenses incurred in its operations under Part II relating to pool periods subsequent to July 31, 1950.

(1.1) With the approval of the Governor in Council and subject to such terms and conditions as the Governor in Council may prescribe, in addition to any payment authorized by section 32, the Corporation may fix and pay in respect of any pool period a sum per tonne to each producer who has sold and delivered wheat to the Corporation in a railway car during the pool period.

(2) Subject to sections 33.1 to 33.5, the Corporation shall, after the end of any pool period, distribute the balance remaining in its account in respect of wheat purchased by it during the pool period, after making the deductions from the account provided for in subsection (1) and the payments provided for in subsection (1.1), among holders of certificates issued by the Corporation under this Part during the pool period, by paying on surrender to it of each certificate, unless the Corporation, by order, waives the surrender, to the holder of the certificate, the appropriate sum determined by the Corporation as provided in this Act for each tonne of wheat referred to in the certificate according to grade.

(3) Notwithstanding subsection (1), if the Governor in Council, having regard to a report by the Corporation of the effect on its financial position of an interim payment on account of the distribution of the balance referred to in subsection (2), is of the opinion that an interim payment can be made without loss, the Governor in Council may authorize and direct that payment to be made.

(4) Expenses incurred by the Corporation with respect to any international organization for the purposes of marketing wheat and the expenses of any commissioner or officer of the Corporation of and incidental to attendance at meetings of that international organization or any committee thereof shall be deemed to be expenses incurred in connection with the operations of the Corporation within the meaning of this section, but nothing in this subsection shall be construed as authorizing the payment by the Corporation of any contributions required to be paid by Canada to or in support of that international organization or any committee thereof.

(5) The Corporation shall, with the approval of the Governor in Council, determine and fix the amounts to which producers are entitled per tonne according to grade under certificates issued pursuant to this Part so that each producer receives, in respect of wheat sold and delivered to the Corporation during each crop year for the same grade of wheat, the same price basis at a pooling point and that each price bears a proper price relationship to the price for each other grade.

(6) There is no liability on the Corporation in respect of a certificate issued pursuant to this Part except as provided in this section.

R.S., 1985, c. C-24, s. 33; R.S., 1985, c. 38 (4th Supp.), s. 8; 1991, c. 33, s. 2; 1994, c. 39, s. 1; 1995, c. 31, s. 3; 1998, c. 17, ss. 19, 28(E).

33.01 (1) The Corporation may, in accordance with this section, pay to holders of certificates issued by the Corporation under this Part who apply for such a payment, an amount instead of the amount that would be distributed under paragraph 32(1)(c) or section 33.

(2) Any gains of the Corporation that may result from the operation of this section may be credited to the contingency fund.

(3) Any losses of the Corporation that result from making payments under subsection (1) are paid out of the contingency fund established under paragraph 6(1)(c.3).

1998, c. 17, s. 20.

33.1 (1) For the purpose of providing additional funding for plant breeding research into new and improved wheat varieties, the Corporation shall, with the approval of the Governor in Council and at such rate as is fixed by the Governor in Council, make a deduction from the amount to be paid under subsection 33(2) to each holder of a certificate from the balance remaining in the Corporation’s account in respect of wheat.

(2) The Corporation shall establish a special account for each pool period and all deductions under subsection (1) in respect of a pool period shall be credited to the special account for that pool period.

(3) Subject to subsection (4), not later than one hundred and eighty days after the end of each pool period, the Corporation shall pay the balance in the special account for that pool period to such agency, in this section and sections 33.2 to 33.4 referred to as the “research funding agency”, as is designated by the Governor in Council for the purpose of funding research activities.

(4) Before making a payment under subsection (3), the Corporation shall

(a) take from the special account an amount equal to the costs the Corporation estimates it incurred and will incur in relation to the making and the administration of the deductions for the pool period in respect of which the account relates; and

(b) add to or remove from the account, as the case may be, the difference between the costs actually incurred by the Corporation in relation to the making and the administration of the deductions for the preceding pool period and the amount taken by it pursuant to paragraph (a) in respect of that preceding pool period.

(5) Subject to subsection (6) and section 33.2, the research funding agency shall distribute moneys received by it pursuant to subsection (3) to persons and plant breeding centres engaged in research activities into new and improved wheat varieties with whom it has entered into research contracts.

(6) Before making a distribution under subsection (5), the research funding agency shall, subject to such agreement as the Minister may enter into with the research funding agency,

(a) take from the moneys received pursuant to subsection (3) an amount equal to the costs that it estimates it incurred and will incur in relation to the application of this Part in respect of the pool period to which the moneys relate; and

(b) add to or remove from those moneys, as the case may be, the difference between the costs actually incurred by the agency in relation to the application of this Part in respect of the preceding pool period and the amount taken by it pursuant to paragraph (a) in respect of that preceding pool period.

1994, c. 39, s. 2; 1998, c. 17, s. 28(E).

33.2 (1) The research funding agency shall establish a reserve account into which a portion, determined in accordance with such rate as may be fixed by the Governor in Council, of the moneys received by it pursuant to subsection 33.1(3) shall be deposited.

(2) The research funding agency may use the reserve account to fund existing research contracts referred to in subsection 33.1(5) where no deductions are made under subsection 33.1(1) in respect of any pool period or, where such deductions are made, the deductions are insufficient to cover those contracts.

1994, c. 39, s. 2.

33.3 The research funding agency shall, as soon as possible after March 31 in each year and in any event not later than three months after that date, submit to the Minister an annual report, in such form as the Minister may prescribe, of its affairs and operations in relation to this Part during the twelve month period ending on December 31.

1994, c. 39, s. 2.

33.4 (1) The holder of a certificate may choose to be exempted from the application of section 33.1 for any particular pool period by filing with the Corporation, before such date as is fixed by the Governor in Council, a notice stating that no deduction should be made in respect of that holder.

(2) Notwithstanding subsection (1), the Corporation shall make deductions under section 33.1 in respect of the pool period commencing on August 1, 1993 as though no holder of a certificate had filed a notice referred to in subsection (1), but any holder of a certificate who files such a notice with the research funding agency before February 28, 1995 shall, in accordance with the terms and conditions established by the Governor in Council, be paid by the research funding agency an amount equal to the amount deducted for that pool period in respect of that holder.

1994, c. 39, s. 2; 1998, c. 17, s. 28(E).

33.5 The Governor in Council may exempt holders of certificates from the deduction under section 33.1 on the basis of

(a) the class of wheat sold by them; or

(b) the province or region where the wheat was produced.

1994, c. 39, s. 2.

34. In taking any action pursuant to section 32, 33 or 37 in respect of a grade of wheat, the Governor in Council or the Corporation may take that action in respect of any wheat within that grade that has an inherent quality characteristic that distinguishes it from any other wheat within that grade as if the wheat having that inherent quality characteristic were wheat of a different grade.

R.S., 1985, c. C-24, s. 34; 1998, c. 17, s. 28(E).

35. In carrying out any distribution under subsection 33(2), the Corporation may adjust the appropriate sum determined by the Corporation as provided in this Act for each tonne of wheat referred to therein according to grade in order to pay a premium or make a discount in respect of any wheat within any grade that

(a) has an inherent quality characteristic that distinguishes it from any other wheat within that grade; or

(b) was delivered to the Corporation at a delivery point that the Canadian Grain Commission has determined to be a point at which the average of the aggregate wheat of that grade that was delivered to the point during that pool period had an inherent quality characteristic that distinguished it from any other wheat within that grade.

R.S., 1985, c. C-24, s. 35; 1998, c. 17, s. 28(E).

36. The Corporation shall maintain separate accounts with regard to its operations in respect of wheat produced in the designated area sold and delivered to it during each pool period by producers.

R.S., 1985, c. C-24, s. 36; 1998, c. 17, s. 28(E).

37. (1) The Governor in Council may, by regulation,

(a) prescribe the form of certificates to be issued to producers delivering and selling wheat to the Corporation pursuant to section 32;

(b) prescribe the manner in which the Corporation shall adjust its accounts for any pool period in respect of overages, shortages, adjustment of grades, mixing of wheat, residual amounts of wheat remaining in accounts and other like matters; and

(c) prescribe the conditions for and the manner of negotiating a certificate issued under this Part.

(2) [Repealed, 1998, c. 17, s. 21]

R.S., 1985, c. C-24, s. 37; 1998, c. 17, ss. 21, 28(E).

38. The Governor in Council may authorize the Corporation to adjust its accounts at any time by transferring to the then current pool period all wheat delivered during a preceding pool period and then remaining unsold, and the Corporation shall credit to the accounts for that preceding pool period, and charge against the accounts for the current pool period, such amount as the Governor in Council deems to be a reasonable price for the wheat so transferred, and all wheat so transferred shall,

(a) for the purposes of the accounts relating to that preceding pool period, be deemed to have been sold and paid for in full for that amount; and

(b) in the accounts relating to the current pool period, be dealt with as though it had been sold and delivered to the Corporation by producers in the current pool period and purchased by the Corporation for that amount, but no further certificates in respect thereof shall be issued under paragraph 32(1)(d).

R.S., 1985, c. C-24, s. 38; 1998, c. 17, s. 28(E).

39. (1) Where producers of any grain sold and delivered during a pool period have been for six years or more entitled to receive from the Corporation payments in respect thereof under certificates issued pursuant to this Act or out of an equalization fund, or otherwise, and there is an undistributed balance remaining in the accounts of the Corporation in respect of that grain, the Governor in Council may authorize the Corporation

(a) to adjust its accounts

(i) by applying the undistributed balance in payment of the expenses of distribution of the balance mentioned in subsection 33(2) with respect to the same kind of grain in any earlier pool period, and

(ii) by transferring the remainder of the undistributed balance to a separate account; and

(b) to pay to the persons who are entitled to receive payments in respect of that grain the amount to which they are entitled out of the separate account.

(2) Any balance transferred to the separate account pursuant to subparagraph (1)(a)(ii), other than such part thereof as is required for the payments referred to in paragraph (1)(b), shall be used for such purposes as the Governor in Council, on the recommendation of the Corporation, may deem to be for the benefit of producers.

R.S., 1985, c. C-24, s. 39; 1998, c. 17, s. 28(E).

39.1 Notwithstanding sections 32 to 39, the Corporation may enter into a contract with a producer or any other person or entity for the purchase and delivery of wheat or wheat products at a price other than the sum certain per tonne for wheat as set out in section 32 and on any terms and conditions that the Corporation considers appropriate.

1998, c. 17, s. 22.

40. (1) The Governor in Council may, by regulation, apply the provisions of this Part, in respect of wheat produced in any area in Canada outside the designated area, specified in the regulation.

(2) For the purpose of the application of this Part in respect of wheat produced in any area specified in a regulation made under subsection (1),

“designated area” shall be construed as referring to the area so specified;

“pool period” means such period or periods, not exceeding one year, as the Governor in Council may prescribe as a pool period or pool periods in respect of that wheat.

R.S., c. C-12, s. 32.

41. (1) The Governor in Council may, by regulation, designate for the purposes of this Part

(a) any wheat within any grade of wheat specified in the regulation that has been delivered to the Corporation to be sold by the Corporation to purchasers who, with the consent of the Corporation, have selected and accepted the wheat for a use specified in the regulation;

(b) all wheat of any grade of wheat specified in the regulation; or

(c) all wheat of any class of wheat specified in the regulation.

(2) No regulation may be made pursuant to paragraph (1)(a) or (b) that specifies less than two grades of wheat.

(3) A regulation made pursuant to subsection (1) shall come into force according to the terms of the regulation but not earlier than the beginning of the crop year next following the day on which the regulation is made.

(4) A regulation made pursuant to subsection (1) shall be made not less than five months prior to the day the regulation is to come into force.

R.S., 1985, c. C-24, s. 41; 1998, c. 17, s. 28(E).

42. On the coming into force of a regulation made pursuant to subsection 41(1), the provisions of this Part, except sections 40, 41, 43 and 44, apply in respect of the wheat designated by the regulation, with such modifications as the circumstances require, as if the word “wheat” wherever it appears in this Part referred solely to that wheat and as if this Part had been separately enacted in relation thereto.

1974-75-76, c. 109, s. 4.

43. The grade name of any wheat designated by a regulation made pursuant to subsection 41(1) is the grade name assigned to that wheat under the Canada Grain Act with the word “designated” inserted immediately preceding the first word or number of the grade name.

R.S., 1985, c. C-24, s. 43; R.S., 1985, c. 37 (4th Supp.), s. 32.

44. (1) A regulation made pursuant to subsection 41(1) shall not be repealed at any time other than at the end of a crop year.

(2) Where a regulation made pursuant to paragraph 41(1)(b) or (c) is repealed, the Governor in Council may authorize the Corporation to transfer all wheat of any grade or class specified in the regulation delivered during any pool period and remaining unsold at the time of the repeal of the regulation to the pool period that commences at that time for wheat not designated by any regulation made pursuant to subsection 41(1).

(3) Where the Corporation transfers wheat under authority given pursuant to subsection (2), the Corporation shall adjust its accounts by crediting to the accounts for each pool period from which the wheat is transferred and charging against the accounts for the pool period into which the wheat is transferred such amount as the Governor in Council deems to be a reasonable price for the wheat so transferred, and all wheat so transferred shall

(a) for the purposes of the accounts for each pool period from which the wheat is transferred, be deemed to have been sold and paid for in full for that amount; and

(b) in the accounts for the pool period into which the wheat is transferred, be dealt with as though it had been sold and delivered to the Corporation by producers in that pool period and purchased by the Corporation for that amount, but no further certificates in respect thereof shall be issued under paragraph 32(1)(d).

R.S., 1985, c. C-24, s. 44; 1998, c. 17, s. 28(E).

45. Except as permitted under the regulations, no person other than the Corporation shall

(a) export from Canada wheat or wheat products owned by a person other than the Corporation;

(b) transport or cause to be transported from one province to another province, wheat or wheat products owned by a person other than the Corporation;

(c) sell or agree to sell wheat or wheat products situated in one province for delivery in another province or outside Canada; or

(d) buy or agree to buy wheat or wheat products situated in one province for delivery in another province or outside Canada.

R.S., 1985, c. C-24, s. 45; 1994, c. 47, s. 48; 1998, c. 17, s. 28(E).

46. The Governor in Council may make regulations

(a) to prescribe forms of documents that may be required under this Part;

(b) [Repealed, 1998, c. 17, s. 24]

(b.1) to permit the importation into Canada of wheat or wheat products that are entitled to the United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff and that are owned by a person other than the Corporation subject, if the Governor in Council considers it appropriate, to any of the following requirements, namely,

(i) that the wheat be accompanied by an end-use certificate referred to in subsection 87.1(1) of the Canada Grain Act, completed by the person importing the wheat, declaring that the wheat is imported for consumption in Canada and is consigned directly to a milling, manufacturing, brewing, distilling or other processing facility for consumption at that facility,

(ii) that the wheat be denatured in a prescribed manner, if the wheat is imported for feed use, or

(iii) that the wheat be accompanied by a certificate issued under section 4.1 of the Seeds Act, if the wheat is imported for seed use;

(b.2) to permit the importation into Canada of wheat or wheat products that are entitled to the Mexico Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff and that are owned by a person other than the Corporation;

(c) to provide for the granting of licences for the export from Canada, or for the sale or purchase for delivery outside Canada, of wheat or wheat products, which export, sale or purchase is otherwise prohibited under this Part;

(c.1) granting permission to transport wheat or barley that is not described by a grade name or by reference to a sample taken under the Canada Grain Act, or any wheat products or barley products, under any circumstances or conditions that may be prescribed by regulation;

(c.2) granting permission to transport, sell or buy, in Canada, feed grain, as that expression is defined in the regulations, or wheat products or barley products for consumption by livestock or poultry, under any circumstances or conditions that may be prescribed by regulation;

(d) to prescribe the terms and conditions on which licences described in paragraph (c) may be granted, including a requirement for the recovery from the applicant by the Corporation or any other person specified by the regulation, of a sum that, in the opinion of the Corporation, represents the pecuniary benefit enuring to the applicant pursuant to the granting of a licence, arising solely by reason of the prohibition of exports of wheat and wheat products without a licence and then existing differences between prices of wheat and wheat products inside and outside Canada;

(e) to provide for the granting of licences for the transportation from one province to another province, or the sale or purchase for delivery anywhere in Canada, of wheat or wheat products, which transportation, sale or purchase is otherwise prohibited under this Part, and to prescribe the terms and conditions on which those licences may be granted or the terms or conditions of the permission granted in those licences;

(f) to empower the Corporation to do such acts and things as may be necessary for the administration of this Part; and

(g) to provide for any other matter necessary to give effect to this Part.

R.S., 1985, c. C-24, s. 46; 1988, c. 65, s. 60; 1993, c. 44, s. 49; 1994, c. 47, s. 49; 1997, c. 36, s. 204; 1998, c. 17, ss. 24, 28(E).

47. (1) The Governor in Council may, by regulation, extend the application of Part III or of Part IV or of both Parts III and IV to oats or to barley or to both oats and barley.

(2) Where the Governor in Council has extended the application of any Part under subsection (1), the provisions of that Part shall be deemed to be re-enacted in this Part, subject to the following:

(a) the word "oats" or "barley", as the case may be, shall be substituted for the word "wheat";

(b) the expression "oat products" or "barley products", as the case may be, shall be substituted for the expression "wheat products"; and

(c) [Repealed, 1995, c. 31, s. 4]

(d) subsection 40(2) is not applicable.

(3) An extension of the application of Part III shall come into force only at the beginning of a crop year.

(4) For the purposes of this section, “product”, in relation to any grain referred to in subsection (1), means any substance produced by processing or manufacturing that grain, alone or together with any other material or substance, designated by the Governor in Council by regulation as a product of that grain for the purposes of this Part.

R.S., 1985, c. C-24, s. 47; 1995, c. 31, s. 4.

47.1 The Minister shall not cause to be introduced in Parliament a bill that would exclude any kind, type, class or grade of wheat or barley, or wheat or barley produced in any area in Canada, from the provisions of Part IV, either in whole or in part, or generally, or for any period, or that would extend the application of Part III or Part IV or both Parts III and IV to any other grain, unless

(a) the Minister has consulted with the board about the exclusion or extension; and

(b) the producers of the grain have voted in favour of the exclusion or extension, the voting process having been determined by the Minister.

1998, c. 17, s. 25.