By-law no. 5
A by-law authorizing persons to exercise or perform powers, duties and functions of the Canadian Grain Commission regarding the Safeguards for Grain Farmers Program
Being a by-law to repeal and replace by-law No. 5 dated July 5, 2018.
BE IT ENACTED as a by-law of the Canadian Grain Commission as follows:
- Introduction - Subsection 14(3) of the Canada Grain Act (the Act) allows the Commission to authorize persons to exercise, on the Commission’s behalf, powers, duties and functions under the Act other than the making of regulations, orders and by-laws.
- Delegable sections of the Act - The attached Appendix A sets out delegable functions under the Act related to the Safeguards for Grain Farmers Program.
- Authorization - By this by-law, the Commission authorizes the person occupying each of the positions noted in the attached Appendix A, or the person carrying out those functions if the incumbent is absent, to exercise on behalf of the Commission the powers, duties and functions under the Act noted in the Appendix A.
- Entry into force - The authorization provided under paragraph 3 is effective upon the signing of this by-law by a quorum of Commissioners, and will continue until such time as it is revoked.
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Conditions - The authorization is subject to the following conditions:
- the Commission retains its discretion to exercise the powers, duties and functions set out in Appendix A, and may exercise them directly where recipients of this delegation are unavailable or where, on the basis of risk, the Director of Industry Services Division requests; and
- the exercise of this delegation by the recipients in Appendix A will follow the protocols and procedures established for that purpose.
- Delegation - This authorization cannot be further delegated.
- Counterpart - This by-law may be executed and delivered via facsimile or PDF and in any number of counterparts, each of which shall be deemed to be an original and all or which taken together shall be deemed to constitute one and the same instrument, and it shall not be necessary in making proof of this by-law to produce or account for more than one such counterpart.
ENACTED THIS day of April 29, 2022
WITNESS the Seal of the Commission.
Doug Chorney
Chief Commissioner
Patty Rosher
Assistant Chief Commissioner
Lonny McKague
Commissioner
| Title of Section of Canada Grain Act | Section of Canada Grain Act | Specific Wording of Section of Canada Grain Act | Delegated Position(s) |
|---|---|---|---|
| Issue of Licences – Primary and Process Elevators and Grain Dealers | 45(1)(a) | Commission may issue to the applicant a licence of a class or sub-class determined by the Commission to be appropriate to the type of operation of that elevator or the business of that grain dealer |
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| Issue of Licences – Primary and Process Elevators and Grain Dealers | 45(1)(b) | Subject to the regulations, fix the security to be given by the applicant, by way of bond, suretyship, insurance or otherwise, having regard to the applicant’s potential obligations for the payment of money or the delivery of grain to producers of grain who are holders of cash purchase tickets, elevator receipts or grain receipts issued pursuant to this Act in relation to grain produced by the holders |
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| Issue of Licences – Terminal Elevators | 45(2)(a) | Commission may issue to the applicant a licence of a class or sub-class determined by the Commission to be appropriate to the type of operation of that elevator |
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| Issue of Licences – Terminal Elevators | 45(2)(b) | Subject to the regulations, fix the security to be given by the applicant, by way of bond, suretyship, insurance or otherwise, having regard to the applicant’s obligations for the payment of money or the delivery of grain to holders of elevator receipts issued pursuant to this Act. |
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| Terms and Conditions of Licence | 45(3)(b) | A licence issued pursuant to this section shall be subject to such conditions, in addition to any prescribed conditions, as the Commission deems appropriate in the public interest for facilitating trade in grain |
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| Refusal to Issue Elevator Licence | 46(1)(a), (b) | Commission may refuse to issue an elevator licence if applicant has not given security fixed pursuant to s.45 or fails to establish to satisfaction of Commission that
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| Refusal to Issue Grain Dealer’s Licence | 46(2) | Commission may refuse to issue a grain dealer’s licence if the applicant has not given the security fixed pursuant to s.45 |
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| Consultation | 48(1) | Commission shall, at the request of an applicant for a licence, consult with the applicant with regard to any conditions that the Commission proposes to attached to the licence pursuant to p.45(3)(b) |
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| Amendment of Licence | 48(2) | Commission may, subject to regulations and on application by a licensee, amend any condition of a licence issued to the licensee |
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| Enforcement or Realization of Security | 49(2) | Any security given by a licensee as a condition of a licence may only be realized or enforced by
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| Insurance | 49(8) | Commission may require an applicant for or the holder of a primary elevator licence, a terminal elevator licence to obtain insurance, in accordance with the regulations, against loss of or damage to the grain stored in the elevator. |
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| Producer Railway Cars – Allocation of Cars | 87(2) | The Commission, shall, in each week, allocate to applications made by producers of grain pursuant to ss.(1), in the order in which the applications are received, available railway cars that enter each shipping control area in that week up to such number or percentage of the available cars entering the area in that week and under such terms and conditions as the Commission may order. |
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| Forms and Other Systems Other Than Prescribed | 116(2) | 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. |
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