48. (1) In this Part,

“administrator” means, in respect of a marketing plan, the association or firm designated as administrator of the plan pursuant to section 51 by the order establishing the plan;

“grain” means

(a) rapeseed, and

(b) such other grain or variety, grade or class thereof, not required to be marketed through the Corporation, as is designated by the Governor in Council as a grain for the purposes of this Part;

“initial payment” means the sum certain per tonne basis in storage at a pooling point payable pursuant to a marketing plan, at the time of delivery or at any time thereafter as may be agreed on, by the administrator of the plan to a producer participating in the plan for grain sold and delivered by the producer to the administrator;

“marketing plan” or “plan” means a plan for the marketing in interprovincial or export trade of grain produced and delivered to elevators or grain dealers licensed under the Canada Grain Act by producers who have agreed to participate in the plan and whose permit books are endorsed to that effect that includes provision for the pooling or averaging of all or part of the receipts from the sale of the grain and a system of initial payments to those producers and deduction from the pool of the operational expenses thereof;

“pool period” means, in respect of a marketing plan, the period set as the pool period for the plan pursuant to section 51 by the order establishing the plan;

“producer” means a producer actually engaged in the production of grain and any person entitled, as landlord, vendor or mortgagee, to the grain grown by a producer actually engaged in the production of grain or to any share therein.

(2) This Part applies only in respect of grain produced in the designated area.

(3) Notwithstanding any other provision of this Act, the Corporation is not required, in relation to this Part, to exercise any power vested in it or to perform any duty imposed on it by this Act.

R.S., 1985, c. C-24, s. 48; 1995, c. 31, s. 5; 1998, c. 17, s. 28(E).

49. (1) Any association representing a significant number of producers engaged in the production of grain or any association or firm engaged in the processing or marketing of grain in interprovincial or export trade may submit to the Minister for the Minister’s review and recommendation to the Governor in Council a written proposal for the establishment of a marketing plan.

(2) The administrator of any marketing plan may submit to the Minister for the Minister’s review and recommendation to the Governor in Council a written proposal for the amendment of the plan.

(3) Any recommendation of the Minister to the Governor in Council for the establishment or amendment of a marketing plan shall include the proposed terms of the plan or amendment.

1976-77, c. 56, s. 2.

50. The Governor in Council may, on the recommendation of the Minister, make an order

(a) establishing a marketing plan for the purposes of this Part if the Governor in Council is satisfied that a sufficient number of producers of the grain in relation to which the plan is to operate are in favour of the establishment of the plan and that the marketing of the grain through the plan will benefit the producers participating therein; or

(b) amending or revoking a marketing plan established pursuant to paragraph (a).

1976-77, c. 56, s. 2.

51. (1) An order establishing a marketing plan shall

(a) designate the grain in relation to which the plan is to operate;

(b) set out the terms of the plan, including the pool period therefor; and

(c) designate as administrator of the plan any incorporated association representing a significant number of producers engaged in the production of the grain or any incorporated association or firm engaged in the processing or marketing of the grain in interprovincial or export trade.

(2) Any term of a marketing plan that is inconsistent with the provisions of this Act is of no force or effect.

1976-77, c. 56, s. 2.

52. (1) No order establishing a marketing plan shall be made unless the proposed administrator of the plan establishes to the satisfaction of the Governor in Council that it is financially able to carry on the proposed plan and has given security by bond, insurance or otherwise sufficient to ensure that all obligations under the plan to producers participating therein will be met.

(2) Where, while an order establishing a marketing plan is in force, the Governor in Council has reason to believe and is of the opinion that any security given by the administrator of that plan pursuant to this section is not sufficient to ensure that all obligations under the plan to producers participating therein will be met, the Governor in Council may, by order, require the administrator to give, within such period as the Governor in Council considers reasonable, such additional security by bond, insurance or otherwise as, in the opinion of the Governor in Council, is sufficient to ensure that those obligations will be met.

(3) Any security given by the administrator of a marketing plan pursuant to this section may be realized or enforced by

(a) Her Majesty in right of Canada; or

(b) any person who has suffered loss or damage by reason of the refusal or failure of the administrator to meet its obligations under the plan.

(4) The proposed administrator of a marketing plan shall not be required pursuant to this section to give security by insurance against acts of God or the Queen’s enemies.

1976-77, c. 56, s. 2.

53. (1) In this section, “eligible plan” means a marketing plan that includes provision for a system of initial payments in which the initial payments are fixed by the administrator with the approval of the Governor in Council at or before the beginning of each pool period for the duration of that pool period and, except with the approval of the Governor in Council or as directed by the Governor in Council after consultation with the administrator, are not changed thereafter during that pool period.

(2) The Minister may, with the approval of the Governor in Council, enter into an agreement with the administrator of an eligible plan to provide, in accordance with and subject to such terms and conditions as the agreement prescribes, for the payment by Canada to the administrator of the amount, if any, by which

(a) the aggregate of

(i) all initial payments paid by the administrator during a pool period in respect of grain the marketing of which is subject to the eligible plan, and

(ii) the operating costs paid by the administrator during the pool period in processing, selling and carrying that grain and operating the eligible plan, including any fee paid to the administrator for managing the eligible plan,

exceeds

(b) in the case of an eligible plan in which any surplus derived from the marketing of that grain is distributed to producers participating in the eligible plan, the total sales receipts received by the administrator during the pool period in respect of that grain and any products derived from the processing or manufacturing of that grain, or

(c) in the case of an eligible plan wherein any surplus derived from the marketing of that grain is retained by the administrator of the eligible plan and is not distributed to producers participating therein, the total purchase price paid by the administrator during the pool period for that grain.

(3) The maximum amount payable by Canada to the administrator of an eligible plan under an agreement entered into pursuant to subsection (2) in respect of any pool period is ninety per cent, or such lower percentage as is prescribed by the Governor in Council, of the amount calculated as described in that subsection in respect of that pool period.

1976-77, c. 56, s. 2.

54. (1) The administrator of every marketing plan shall

(a) keep proper accounts, books and records of its operations under this Part;

(b) cause an annual audit to be made of the accounts, books and records referred to in paragraph (a) by an auditor appointed by the administrator with the approval of the Minister and send a report of each audit to the Minister;

(c) make such reports and furnish such information respecting its operations under this Part as the Minister may from time to time require; and

(d) in each year, on or before such day as the Minister may fix, make a written report to the Minister certified by the auditor appointed by the administrator pursuant to paragraph (b) indicating

(i) its purchases and sales of grain marketed through the plan during the latest completed pool period,

(ii) the amount of such grain owned by it and the financial result of its operations under this Part as at the end of that pool period, and

(iii) such other information as the Minister may require.

(2) The Minister or any person the Minister may designate may review the operation of a marketing plan annually or, where in the opinion of the Minister the circumstances warrant, on a more frequent basis.

1976-77, c. 56, s. 2.

55. (1) Every producer who agrees to participate in a marketing plan shall deliver that producer’s permit book to the administrator of the plan and an endorsement shall be made therein in such form as is prescribed by the Governor in Council, containing a notice to the effect that the producer named in the permit book has agreed to participate in the plan.

(2) Where the producer named in a permit book endorsed pursuant to subsection (1) ceases to participate in the marketing plan in accordance with the terms of the plan respecting termination of participation by producers, the administrator of the plan shall cancel the endorsement in the permit book effective as of the day the producer ceased to participate in the plan.

1976-77, c. 56, s. 2.

56. (1) The Minister may designate any person as an inspector for the purposes of this Part.

(2) An inspector may, at any reasonable time, enter any place, other than a private dwelling-place or any part of a place that is designed to be used and is being used as a permanent or temporary private dwelling-place, in which the inspector believes on reasonable grounds there is any grain the marketing of which is subject to a marketing plan and may examine any books, records or other documents found therein that the inspector believes on reasonable grounds contain any information relating to that grain and make copies thereof or extracts therefrom.

(3) An inspector shall be furnished with a certificate of his designation as an inspector and on entering any place referred to in subsection (2) shall, if so required, produce the certificate to the person in charge of that place.

(4) The owner or person in charge of any place referred to in subsection (2) and every person found in that place shall give the inspector all reasonable assistance to enable the inspector to carry out his duties and functions under this Act and shall furnish him with such information respecting any grain found in that place the marketing of which is subject to a marketing plan as the inspector may reasonably require.

1976-77, c. 56, s. 2.

57. The provisions of section 65 apply with such modifications as the circumstances require to an inspector designated under this Part as though the inspector were an inspector referred to in that section.

1976-77, c. 56, s. 2.

58. (1) No person shall obstruct or hinder an inspector engaged in carrying out his duties and functions under this Part.

(2) No person shall knowingly make a false or misleading statement, either orally or in writing, to an inspector engaged in carrying out his duties and functions under this Part.

1976-77, c. 56, s. 2.

59. The Governor in Council may make regulations

(a) prescribing or designating anything that, pursuant to any provision of this Part, is to be prescribed or designated by the Governor in Council; and

(b) generally for carrying out the purposes and provisions of this Part.

1976-77, c. 56, s. 2.

60. (1) No producer who has agreed to participate in a marketing plan and whose permit book is endorsed to that effect shall deliver or sell grain contrary to the terms of that plan.

(2) No manager or operator of an elevator shall receive delivery of grain the marketing of which is subject to a marketing plan contrary to the terms of that plan.

1976-77, c. 56, s. 2.

61. The Governor in Council may make regulations for any purpose for which regulations may be made under this Act.

R.S., c. C-12, s. 36.

61.1 (1) In exercising its powers and performing its duties, the Corporation shall give effect to the provisions of the Agreement that pertain to the Corporation.

(2) The Governor in Council may, on the recommendation of the Treasury Board and the Minister made at the request of the Corporation, make any regulations in relation to the Corporation that the Governor in Council considers necessary for the purpose of implementing any provision of the Agreement that pertains to the Corporation.

(3) In subsections (1) and (2), “Agreement” has the same meaning as in subsection 2(1) of the North American Free Trade Agreement Implementation Act.

1998, c. 17, s. 26.

62. (1) Notwithstanding any other statute or law, the Corporation may authorize any person with whom the Corporation enters or has entered into an agreement relating to the handling or receipt of grain for the Corporation, to borrow from any bank on the security of grain delivered to and received by that person, and to give security on that grain, in accordance with the bank’s usual requirements, and the bank may take security on that grain under section 427 or 435 of the Bank Act, and that person shall be deemed to be the owner of that grain for all those purposes.

(2) In case of default by a person described in subsection (1), the bank shall sell or dispose of the grain referred to in that subsection to the Corporation only, and the Corporation shall take delivery on the terms of the agreement from the bank in lieu of that person, and pay to the bank the Corporation’s fixed carlot prices for such classes and grades of grain delivered at a pooling point or at such other delivery point as may be authorized by the Corporation, together with charges, allowances and costs provided for in the agreement, and the security thereupon ceases and the Corporation to that extent has clear title to that grain, and those payments are to that extent a complete fulfilment of the Corporation’s obligations to that person in respect thereof as if those payments were made to that person.

R.S., 1985, c. C-24, s. 62; 1991, c. 46, s. 588; 1995, c. 31, s. 6; 1998, c. 17, s. 28(E).

63. (1) Notwithstanding any other statute or law, the Corporation may authorize a person with whom the Corporation enters into an agreement relating to the forwarding or selling of grain to borrow from any bank on the security of grain received by that person from the Corporation and to give security on that grain in accordance with the bank’s usual requirements, and the bank may take security on that grain under the provisions of section 427 or 435 of the Bank Act, and that person shall be deemed to be the owner of that grain for all those purposes.

(2) In case of default by a person described in subsection (1), the bank shall sell or dispose of the grain referred to in that subsection to the Corporation only, and the Corporation shall take delivery from the bank in lieu of that person and pay to the bank the Corporation’s price for that grain as fixed at the time of the making of the advance by the bank, delivered at a pooling point or at such other delivery point as may be authorized by the Corporation, together with charges, allowances and costs of transporting that grain to the delivery point, and the security thereupon ceases and the Corporation has a clear title to that grain.

R.S., 1985, c. C-24, s. 63; 1991, c. 46, s. 589; 1995, c. 31, s. 7; 1998, c. 17, s. 28(E).

64. No person shall mutilate or deface any permit book or, except as permitted by the Corporation, erase, alter or in any way change the effect of an entry in a permit book.

R.S., 1985, c. C-24, s. 64; 1998, c. 17, s. 28(E).

65. (1) A person having the custody of a permit book shall, at the request of any police officer or any inspector appointed by the Corporation, deliver the permit book to the police officer or inspector.

(2) Where a permit book is delivered to a police officer or inspector appointed by the Corporation, the police officer or inspector, or any other person acting on behalf of the Corporation, may retain possession of the permit book for a period not exceeding fifteen days, or, if an information is laid against a person in respect of an alleged contravention of this Act relating to the permit book or the delivery of any grain thereunder within the period of fifteen days, until all proceedings pursuant to the information have been finally concluded.

(3) Where a permit book has been delivered to a police officer or inspector appointed by the Corporation, the Corporation may, in the place of returning the permit book to the person by whom it was delivered as required by subsection (2), issue a duplicate permit book to him or confer a temporary permission to deliver grain on any producer entitled to deliver grain under the permit book, and in that case the provisions of this section do not require the permit book to be returned.

R.S., 1985, c. C-24, s. 65; 1998, c. 17, s. 28(E).

66. (1) Where any producer has delivered grain to an elevator in contravention of this Act or the orders of the Corporation, the Corporation may order the manager or operator of the elevator to redeliver grain of an equal grade, quality and amount to the producer and the producer to take delivery from the manager or operator of the elevator of that grain and to repay all moneys, if any, received by him in respect of delivery of the first mentioned grain.

(2) Compliance by any person with an order of the Corporation made under subsection (1) does not relieve that person from any punishment imposed by this Act in respect of any act or omission by that person in contravention of this Act or a regulation or order.

R.S., 1985, c. C-24, s. 66; 1998, c. 17, ss. 28(E), 29(F).

67. (1) Every producer, other than a corporation, who applies to be named in a permit book shall, unless that producer has previously been assigned or made application to be assigned a Social Insurance Number, annex to the application for a permit book an application, in such form as may be prescribed, for the assignment to that producer of a Social Insurance Number.

(2) Every producer, other than a corporation, to whom a Social Insurance Number has been assigned shall, in any application for a permit book naming that producer as a producer, set out the Social Insurance Number that has been assigned to that producer.

(3) The Corporation shall, on application by a producer, other than a corporation, to whom a Social Insurance Number has not earlier been assigned, cause a Social Insurance Number to be assigned and a Social Insurance Number Card to be issued to that producer.

(4) Where, at any time, a producer to whom a Social Insurance Number has been assigned changes his name, by reason of marriage or otherwise, that producer shall apply to the Corporation within sixty days of the day the change of name becomes effective for the issue to that producer of a new Social Insurance Number Card in his new name, unless the producer has already made such an application to another authority empowered to receive that application.

R.S., 1985, c. C-24, s. 67; 1998, c. 17, s. 28(E).

68. (1) In this section, “initial payment” means

(a) in respect of wheat, oats and barley, the sum certain basis in storage at a pooling point payable pursuant to subsection 32(1) for the wheat, oats or barley in relation to which the offence was committed;

(b) in respect of rye, flaxseed and rapeseed, the price basis in storage at a pooling point paid for the rye, flaxseed or rapeseed in relation to which the offence was committed; and

(c) notwithstanding paragraphs (a) and (b), in respect of any grain the marketing of which is subject to a marketing plan established under Part VI, the sum certain basis in storage at a pooling point payable pursuant to the marketing plan, at the time of delivery or at any time thereafter as may be agreed on, by the administrator of the plan to a producer participating in the plan for the grain in relation to which the offence was committed.

(2) Every person is guilty of an offence who

(a) being required to make any return or declaration under this Act or any regulation or order, furnishes any false information or makes any false statement in that return or declaration or fails fully to complete that return or declaration;

(b) makes a false entry in any permit book or other document required to be completed by him under this Act; or

(c) contravenes or omits to comply with this Act or any regulation or order.

(3) Every person who is guilty of an offence under subsection (2) is liable on summary conviction

(a) in the case of a producer convicted of an offence relating to the delivery of grain, to a fine of an amount equal to one-third of the initial payment for the grain in relation to which the offence was committed, but that amount shall not be less than fifty dollars or more than three hundred dollars;

(b) in the case of an operator or a manager of an elevator convicted of an offence relating to the delivery of grain, to a fine of an amount equal to one-third of the initial payment for the grain in relation to which the offence was committed, but that amount shall not be less than fifty dollars or more than two thousand dollars; and

(c) in any other case, to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding two years or to both.

(4) Where a corporation commits an offence under this Act, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence.

(5) Any proceedings by way of summary conviction in respect of an offence under this Act may be instituted at any time within but not later than two years after the time when the subject-matter of the proceedings arose.

R.S., 1985, c. C-24, s. 68; 1995, c. 31, s. 8.

69. Any contract or agreement for the sale, purchase, or transportation of wheat or wheat products in contravention of this Act or of any regulation or order is void.

R.S., c. C-12, s. 43.

70. In any proceedings in any court or before any justice of the peace taken in respect of any alleged contravention of this Act or of a regulation or order, a document purporting to be certified by a director as a true copy of any order, licence or document made, given or issued by or on behalf of or under the authority of the Corporation shall be admitted as evidence that the order, licence or document of which it purports to be a copy was so made, given or issued and of that order, licence or document.

R.S., 1985, c. C-24, s. 70; 1998, c. 17, ss. 27, 28(E), 29(F).

71. (1) Notwithstanding anything in this Act or Part XXVII of the Criminal Code, unless otherwise directed by the Attorney General of Canada, the Corporation may proceed in accordance with sections 72 to 75 in respect of any offence against this Act alleged to have been committed by an actual producer in respect of the delivery of grain, in lieu of following the procedure set out in the Criminal Code in respect of proceedings for summary conviction offences.

(2) Where the Corporation proceeds in accordance with sections 72 to 75 in respect of any alleged offence against this Act, no proceedings shall be taken under Part XXVII of the Criminal Code in respect of the acts or omissions referred to in the contravention notice completed pursuant to section 72 in respect of the alleged offence, except in accordance with those sections.

R.S., 1985, c. C-24, s. 71; 1998, c. 17, s. 28(E).

72. (1) Where it is alleged that an actual producer has committed an offence against this Act in respect of the delivery of grain, an inspector appointed by the Corporation may complete and sign a contravention notice in respect of the offence and shall thereupon give the contravention notice to a peace officer.

(2) A contravention notice shall be in such form and contain such information as may be prescribed by regulation and shall include

(a) a statement of the alleged offence, including the kind and quantity of grain alleged to be the subject-matter of the offence;

(b) the person to whom any notice disputing the alleged offence may be delivered; and

(c) a statement that if the allegation is not disputed in the manner and within the time set out in section 73, the contravention notice will be treated as not disputed and an endorsement reducing delivery rights under the permit book of the actual producer, to the extent referred to in the statement, will be made in that permit book.

(3) A peace officer, on receipt of a contravention notice completed pursuant to subsection (1), shall serve the notice on the actual producer named therein by delivering it personally to the producer or, if the actual producer resides outside Canada, by sending it by registered mail to the latest known address of the producer.

R.S., 1985, c. C-24, s. 72; 1998, c. 17, s. 28(E).

73. (1) An actual producer on whom a contravention notice has been served may, within fourteen days of being served in the case of personal service or within twenty days of the date of the posting of the contravention notice in the case of service by registered mail, deliver to the person referred to in the contravention notice a written notice that the producer disputes the allegation therein.

(2) No writing that is executed by an actual producer pursuant to subsection (1) is admissible in evidence against the producer in any criminal proceedings.

1972, c. 16, s. 7.

74. Where an actual producer disputes the allegation in a contravention notice, any further proceedings against the producer in respect of the alleged offence shall be taken by way of proceedings under Part XXVII of the Criminal Code.

1972, c. 16, s. 7.

75. (1) Where the Corporation is satisfied that the actual producer to whom a contravention notice relates has been served with a copy of the notice and that the producer has not disputed the allegation contained in the notice, the Corporation shall, after the expiration of the time prescribed in section 73 for disputing the allegation, cause an endorsement to be made in the permit book of the producer to the effect that the producer’s future delivery rights under that permit book or any permit book issued in substitution therefor for the same or any subsequent crop year are reduced to the extent of

(a) any portion of the quantity of grain that was the subject-matter of the offence that has not on the date of the entry been legally entered in the producer’s permit book; and

(b) a quantity of grain of the same kind and in the same quantity as the grain that was the subject-matter of the offence.

(2) Notwithstanding subsection (1), where the Corporation is satisfied that it would be equitable to restore all or any part of the delivery rights of an actual producer, the Corporation may restore those delivery rights.

R.S., 1985, c. C-24, s. 75; 1998, c. 17, s. 28(E).

76. For greater certainty, but not so as to restrict the generality of any declaration in the Canada Grain Act that any elevator is a work for the general advantage of Canada, it is hereby declared that all flour mills, feed mills, feed warehouses and seed cleaning mills, whether heretofore constructed or hereafter to be constructed, are and each of them is hereby declared to be works or a work for the general advantage of Canada and, without limiting the generality of the foregoing, every mill or warehouse mentioned or described in the schedule is a work for the general advantage of Canada.

R.S., c. C-12, s. 45.

*77. Sections 20, 21 and 22 shall come into force on a day to be fixed by proclamation.

* [Note: Sections 20, 21 and 22 not in force.]

R.S., c. C-12, s. 46; 1972, c. 16, s. 7.1.